[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Rules and Regulations]
[Pages 34832-34833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9485]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AF32
Defense Federal Acquisition Regulation Supplement; Berry
Amendment Exceptions--Acquisition of Perishable Food, and Fish,
Shellfish, or Seafood (DFARS Case 2006-D005)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 831 of
the National Defense Authorization Act for Fiscal Year 2006 and Section
8118 of the Defense Appropriations Act for Fiscal Year 2005. These
statutes relate to the acquisition of perishable foods for DoD
activities located outside the United States, and the acquisition of
domestic fish, shellfish, and seafood.
DATES: Effective date: June 16, 2006.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 15, 2006, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D005,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2006-D005 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Amy Williams, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
10 U.S.C. 2533a (the Berry Amendment) requires DoD to acquire
certain items from domestic sources, unless an exception applies. The
requirements of 10 U.S.C. 2533a are implemented at DFARS 225.7002, and
the exceptions are listed at DFARS 225.7002-2. This interim rule amends
the exceptions at DFARS 225.7002-2 to implement Section 831 of the
National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-
163) and Section 8118 of the Defense Appropriations Act for Fiscal Year
2005 (Pub. L. 108-287). Section 831 of Public Law 109-163 amended 10
U.S.C. 2533a(d)(3) to expand the exception that permits the acquisition
of non-domestic perishable foods by activities located outside the
United States, to also permit the acquisition of such foods by
activities that are making purchases on behalf of activities located
outside the United States. Section 8118 of Public Law 108-287
established a permanent requirement for the acquisition of domestic
fish, shellfish, and seafood, including fish, shellfish, and seafood
contained in foods manufactured or processed in the United States. This
requirement previously had been included in Defense Appropriations Acts
on an annual basis.
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 does not expect this rule to 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 the rule
applies only to: (1) The acquisition of perishable foods for DoD
activities located outside the United States; and (2) continuation of
the existing requirement for the acquisition of domestic fish,
shellfish, and seafood. Therefore, DoD has not performed an initial
regulatory flexibility analysis. DoD invites comments from small
businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subpart in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2006-D005.
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.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 831 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163), which became
effective upon enactment on January 6, 2006. Section 831 facilitates
the acquisition of perishable foods for personnel of activities located
outside the United States, by expanding the exception to domestic
source requirements for those acquisitions. Comments received in
response to this interim rule will be considered in the formation of
the final rule.
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:
[[Page 34833]]
PART 225--FOREIGN ACQUISITION
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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.
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2. Section 225.7002-2 is amended by revising paragraphs (e) and (l) to
read as follows:
225.7002-2 Exceptions.
* * * * *
(e) Acquisitions of perishable foods by or for activities located
outside the United States for personnel of those activities.
* * * * *
(l) Acquisitions of foods manufactured or processed in the United
States, regardless of where the foods (and any component if applicable)
were grown or produced. However, in accordance with Section 8118 of the
DoD Appropriations Act for Fiscal Year 2005 (Pub. L. 108-287), this
exception does not apply to fish, shellfish, or seafood manufactured or
processed in the United States or fish, shellfish, or seafood contained
in foods manufactured or processed in the United States.
* * * * *
[FR Doc. E6-9485 Filed 6-15-06; 8:45 am]
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