[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76970-76971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29994]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AG13


Defense Federal Acquisition Regulation Supplement; Para-Aramid 
Fibers and Yarns Manufactured in a Qualifying Country (DFARS Case 2008-
D024)

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 a determination 
made by the Under Secretary of Defense for Acquisition, Technology, and 
Logistics with regard to the acquisition of items containing para-
aramid fibers and yarns manufactured in a foreign country. The 
determination authorizes DoD to acquire articles containing para-aramid 
fibers and yarns manufactured in foreign countries that have entered 
into a defense memorandum of understanding with the United States.

DATES: Effective date: December 18, 2008.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before February 17, 2009, to 
be considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2008-D024, 
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 2008-D024 in the 
subject line of the message.
     Fax: 703-602-7887.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 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 restricts DoD procurement of foreign synthetic 
fabric or coated synthetic fabric, including textile fibers and yarns 
for use in such fabrics. Section 807 of the National Defense 
Authorization Act for Fiscal Year 1999 (Pub. L. 105-261) provides 
authority for DoD to waive the restriction at 10 U.S.C. 2533a with 
regard to para-aramid fibers and yarns. On February 12, 1999, the Under 
Secretary of Defense for Acquisition and Technology waived the 
restriction at 10 U.S.C. 2533a for para-aramid fibers and yarns 
manufactured in the Netherlands. On August 15, 2008, the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
expanded the existing waiver to permit the acquisition of para-aramid 
fibers and yarns manufactured in any qualifying country listed in DFARS 
225.872-1.
    This interim rule amends DFARS text addressing the acquisition of 
para-aramid fibers and yarns to implement the Under Secretary's August 
15, 2008 determination. In addition, the rule clarifies the definition 
of ``qualifying country'' at DFARS 225.003 and 252.225-7012 by 
including a list of the qualifying countries within the definition 
instead of referring to the list at DFARS 225.872-1.
    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 small 
entities normally are not involved in the production of para-aramid 
fibers and yarns. 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 subparts in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2008-D024.

[[Page 76971]]

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 the determination made by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics on 
August 15, 2008, that procuring articles that contain only domestic 
para-aramid fibers and yarns would result in sole-source contracts or 
subcontracts for such fibers and yarns; such sole-source contracts or 
subcontracts would not be in the best interest of the Government, 
except as specifically justified and approved consistent with 10 U.S.C. 
2304; and all qualifying countries listed at DFARS 225.872-1 permit the 
United States firms that manufacture para-aramid fibers and yarns to 
compete with foreign firms for the sale of para-aramid fibers and yarns 
in that country. Comments received in response to this interim rule 
will be considered in the formation of the final rule.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR Parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR Parts 225 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 225--FOREIGN ACQUISITION

0
2. Section 225.003 is amended by revising paragraph (9) to read as 
follows:


225.003  Definitions.

* * * * *
    (9) Qualifying country means a country with a memorandum of 
understanding or international agreement with the United States. The 
following are qualifying countries:

Australia
Austria
Belgium
Canada
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland.
* * * * *

0
3. Section 225.7002-2 is amended by revising paragraph (o)(2) to read 
as follows:


225.7002-2  Exceptions.

* * * * *
    (o) * * *
    (2) The fibers and yarns are para-aramid fibers and yarns 
manufactured in a qualifying country.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.212-7001  [Amended]

0
4. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(DEC 2008)''; and
0
b. In paragraph (b)(5) by removing ``(MAR 2008)'' and adding in its 
place ``(DEC 2008)''.

0
5. Section 252.225-7012 is amended as follows:
0
a. By revising the clause date;
0
b. By redesignating paragraphs (a)(3) and (4) as paragraphs (a)(4) and 
(5) respectively;
0
c. By adding a new paragraph (a)(3); and
0
d. By revising paragraphs (c)(5) and (c)(6)(ii) to read as follows:


252.225-7012  Preference for certain domestic commodities.

* * * * *
    Preference for Certain Domestic Commodities (DEC 2008)
    (a) * * *
    (3) Qualifying country means a country with a memorandum of 
understanding or international agreement with the United States. The 
following are qualifying countries:

Australia
Austria
Belgium
Canada
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland.
* * * * *
    (c) * * *
    (5) To chemical warfare protective clothing produced in a 
qualifying country; or
    (6) * * *
    (ii) The fibers and yarns are para-aramid fibers and yarns 
manufactured in a qualifying country.
* * * * *
[FR Doc. E8-29994 Filed 12-17-08; 8:45 am]
BILLING CODE 5001-08-P