[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Rules and Regulations]
[Pages 6484-6485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2206]


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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: Final rule.

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SUMMARY: DoD has adopted as final, without change, 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.

EFFECTIVE DATE: February 12, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2006-D005.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 71 FR 34832 on June 16, 2006, 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

[[Page 6485]]

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.
    DoD received no comments on the interim rule. Therefore, DoD has 
adopted the interim 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 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.

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.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR Part 225, which was 
published at 71 FR 34832 on June 16, 2006, is adopted as a final rule 
without change.

[FR Doc. E7-2206 Filed 2-9-07; 8:45 am]
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