[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Rules and Regulations]
[Pages 24528-24529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11550]


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DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252
[DFARS Case 98-D310]


Defense Federal Acquisition Regulation Supplement; Para-Aramid 
Fibers and Yarns

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to permit the procurement of articles containing para-aramid fibers and 
yarns manufactured in the Netherlands. This rule finalizes the interim 
rule that was published in the Federal Register on January 15, 1999, to 
implement Section 807 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999.

EFFECTIVE DATE: May 7, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax 
(703) 602-0350. Please cite DFARS Case 98-D310.

SUPPLEMENTARY INFORMATION:

A. Background

    An interim rule with request for comments was published in the 
Federal Register at 64 FR 2599 on January 15, 1999. The rule 
implemented Section 807 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261). Section 
807 provides that the Secretary of Defense may waive the foreign source 
restrictions for para-aramid fibers and yarns under certain conditions. 
The Secretary of Defense delegated this waiver authority to the Under 
Secretary of Defense (Acquisition and Technology). On February 12, 
1999, the Under Secretary of Defense (Acquisition and Technology) 
issued a determination authorizing the procurement of articles 
containing para-aramid fibers and yarns manufactured in the 
Netherlands. Synthetic fabric containing the para-aramid fibers and 
yarns still must be manufactured in the United States.
    Three sources submitted comments in response to the interim rule. 
All comments were considered in the development of the final rule.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

[[Page 24529]]

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 the only known U.S. manufacturer of para-aramid fibers and 
yarns is DuPont, which is a large business concern.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not contain 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 Parts 225 and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR Parts 225 and 252, 
which was published at 64 FR 2599 on January 15, 1999, is adopted as a 
final rule with the following changes:
    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

    2. Section 225.7002-2 is amended by revising paragraph (j) and 
removing paragraph (k). The revised text reads as follows:


Sec. 225.7002-2  Exceptions.

* * * * *
    (j) Purchases of fibers and yarns that are for use in synthetic 
fabric or coated synthetic fabric (but not the purchase of the 
synthetic or coated synthetic fabric itself), if--
    (1) The fabric is to be used as a component of an end item that is 
not a textile product. Examples of textile products, made in whole or 
in part of fabric, include--
    (i) Draperies, floor coverings, furnishings, and bedding (Federal 
Supply Group 72, Household and Commercial Furnishings and Appliances);
    (ii) Items made in whole or in part of fabric in Federal Supply 
Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal 
Supply Group 84, Clothing, Individual Equipment and Insignia;
    (iii) Upholstered seats (whether for household, office, or other 
use); and
    (iv) Parachutes (Federal Supply Class 1670); or
    (2) The fibers and yarns are para-aramid fibers and yarns 
manufactured in--
    (i) The Netherlands; or
    (ii) Another qualifying country (see 225.872) if the Under 
Secretary of Defense (Acquisition and Technology) makes a determination 
in accordance with section 807 of Pub. L. 105-261 that--
    (A) Procuring articles that contain only para-aramid fibers and 
yarns manufactured from suppliers within the United States or its 
possessions would result in sole source contracts or subcontracts for 
the supply of such para-aramid fibers and yarns;
    (B) Such sole source contracts or subcontracts would not be in the 
best interest of the Government or consistent with the objectives of 
the Competition in Contracting Act (10 U.S.C. 2304); and
    (C) The qualifying country permits U.S. firms that manufacture 
para-aramid fibers and yarns to compete with foreign films for the sale 
of para-aramid fibers and yarns in that country.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.225-7012 is amended by revising the clause date and 
paragraphs (b)(3) and (b)(4), and by removing paragraph (b)(5). The 
revised text reads as follows:


252.225-7012  Preference for Certain Domestic Commodities.

* * * * *

Preference for Certain Domestic Commodities (May 1999)

* * * * *
    (b) * * *
    (3) To chemical warfare protective clothing produced in the 
countries listed in subsection 225.872-1 of the Defense FAR 
Supplement; or
    (4) To fibers and yarns that are for use in synthetic fabric or 
coated synthetic fabric (but does apply to the synthetic or coated 
synthetic fabric itself), if--
    (i) The fabric is to be used as a component of an end item that 
is not a textile product. Examples of textile products, made in 
whole or in part of fabric, include--
    (a) Draperies, floor coverings, furnishings, and bedding 
(Federal Supply Group 72, Household and Commercial Furnishings and 
Appliances);
    (B) Items made in whole or in part of fabric in Federal Supply 
Group 83, Textile/leather/furs/apparel/findings/tents/flags, or 
Federal Supply Group 84, Clothing, Individual Equipment and 
Insignia;
    (C) Upholstered seats (whether for household, office, or other 
use); and
    (D) Parachutes (Federal Supply Class 1670); or
    (ii) The fibers and yarns are para-aramid fibers and yarns 
manufactured in the Netherlands.

(End of clause)
[FR Doc. 99-11550 Filed 5-6-99; 8:45 am]
BILLING CODE 5000-04-M