[Federal Register: February 7, 2005 (Volume 70, Number 24)]
[Rules and Regulations]
[Page 6374-6375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe05-22]
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DEPARTMENT OF DEFENSE
48 CFR Part 225
[DFARS Case 2004-D002]
Defense Federal Acquisition Regulation Supplement;
Polyacrylonitrile Carbon Fiber--Restriction to Domestic Sources
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to extend the ending date for
phasing out domestic source restrictions on the acquisition of
polyacrylonitrile (PAN) carbon fiber. The ending date is extended from
May 31, 2005, to May 31, 2006.
EFFECTIVE DATE: February 7, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328;
facsimile (703) 602-0350. Please cite DFARS Case 2004-D002.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule extends the ending date for phasing out domestic
source restrictions on the acquisition of PAN carbon fiber from May 31,
2005, to May 31, 2006. The prescription for use of the clause at DFARS
252.225-7022, Restriction on Acquisition of Polyacrylonitrile (PAN)
Carbon Fiber, is amended to require inclusion of the clause in
solicitations and contracts for major systems issued on or before May
31, 2006, if the system is not yet in development and demonstration.
The aerospace industry requested the extension to provide U.S.
companies sufficient time to maintain the industrial and technological
capability to support a critical material used in advanced aerospace
weapons programs. In addition, the extension is consistent with Section
832 of the National Defense Authorization Act for Fiscal Year 2005
(Pub. L. 108-375), which requires a delay in phase-out of the
restriction until DoD performs an assessment of the PAN carbon fiber
industry and submits the resulting report to Congress.
DoD published a proposed rule at 69 FR 35567 on June 25, 2004. DoD
received no comments on the proposed rule. Therefore, DoD has adopted
the proposed rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because there are no known domestic small business manufacturers of PAN
carbon fiber.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR Part 225 is amended as follows:
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1. The authority citation for 48 CFR Part 225 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
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2. Section 225.7103-1 is amended by revising the second sentence to
read as follows:
225.7103-1 Policy.
* * * DoD is phasing out the restrictions over the period ending May
31, 2006. * * *
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3. Section 225.7103-3 is revised to read as follows:
225.7103-3 Contract clause.
Use the clause at 252.225-7022, Restriction on Acquisition of
Polyacrylonitrile (PAN) Carbon Fiber, in solicitations and contracts
for major systems issued on or before May 31, 2006, if the system is
not yet in engineering and manufacturing
[[Page 6375]]
development (milestone B as defined in DoDI 5000.2).
[FR Doc. 05-2171 Filed 2-4-05; 8:45 am]
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