[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5817]


[[Page Unknown]]

[Federal Register: March 14, 1994]


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DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

 

Defense Federal Acquisition Regulation Supplement; Aircraft Fuel 
Cells

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for public comments.

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SUMMARY: The Department of Defense has amended the Defense Federal 
Acquisition Regulation Supplement to prohibit the use of Fiscal Year 
1994 Department of Defense appropriated funds for acquisition of 
aircraft fuel cells unless such cells are manufactured in the United 
States.

DATES: Effective Date: March 7, 1994.
    Comment Date: Comments on the interim DFARS rule should be 
submitted in writing to the address shown below on or before May 13, 
1994 to be considered in the formulation of a final rule. Please cite 
DFARS Case 93-D307 in all correspondence related to this issue.

ADDRESSES: Interested parties should submit written comments to The 
Defense Acquisition Regulations Council, ATTN: Mrs. Alyce Sullivan, 
OUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 697-9845.

FOR FURTHER INFORMATION CONTACT:Mrs. Alyce Sullivan, (703) 697-7266.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 8090 of the Fiscal Year 1994 Defense Appropriation Act 
(Pub. L. 103-139) prohibits use of Fiscal Year 1994 appropriated funds 
for acquisition of aircraft fuel cells unless such cells are 
manufactured in the United States.
    The Director, Defense Procurement, issued Departmental Letter 94-
003, March 7, 1994, to implement the restriction on acquisition of 
aircraft fuel cells in the Defense Federal Acquisition Regulation 
Supplement.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act applies but is not expected to have 
a significant impact on a substantial number of small entities because 
the revisions are limited to acquisition of aircraft fuel cells, and 
limit such acquisitions to U.S. manufacturers.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the revisions in 
this rulemaking notice do not contain and/or affect information 
collection requirements which require the approval of OMB 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 to issue this rule as an interim rule. Urgent and compelling 
reasons exist to promulgate this rule before affording the public an 
opportunity to comment. This action is necessary because section 8090 
became effective upon enactment of the Fiscal Year 1994 Defense 
Appropriations Act (Pub. L. 103-139), on November 11, 1993. However, 
pursuant to Public Law 98-577 and Federal Acquisition Regulation 1.501, 
public comments received in response to this interim rule will be 
considered in formulating the final rule.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

    1. The authority for 48 CFR parts 225 and 252 continues to read as 
follows:

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

PART 225--FOREIGN ACQUISITION

    2. A new section 225.7021 is added to read as follows:


225.7021  Restriction on aircraft fuel cells.


225.7021-1  Restriction.

    In accordance with section 8090 of the Fiscal Year 1994 Defense 
Appropriations Act (Pub. L. 103-139), do not purchase aircraft fuel 
cells unless they are manufactured in the United States.


225.7021-2  Waiver.

    The restriction may be waived by the Secretary of the department 
responsible for the acquisition, on a case-by-case basis, by certifying 
to the House and Senate Committees on Appropriations that--
    (a) Adequate U.S. supplies are not available to meet requirements 
on a timely basis; and
    (b) The acquisition must be made in order to acquire capability for 
national security purposes.


225.7021-3  Contract clause.

    Unless a waiver has been granted in accordance with 225.7021-2, use 
the clause at 252.225-7038, Restriction on Acquisition of Aircraft Fuel 
Cells, in all solicitations and contracts which--
    (a) Use fiscal year 1994 funds; and
    (b) Require delivery of aircraft fuel cells.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.225-7038 is added to read as follows:


252.225-7038  Restriction on acquisition of aircraft fuel cells.

    As prescribed in 225.7021-3, use the following clause:

Restriction on Acquisition of Aircraft Fuel Cells (Fed 1994)

    The Contractor agrees that all aircraft fuel cells furnished 
under this contract have been manufactured in the United States.

(End of clause)

[FR Doc. 94-5817 Filed 3-11-94; 8:45 am]
BILLING CODE 3810-01-M