[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14588-14589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6235]



Defense Acquisition Regulations System

48 CFR Part 225

RIN 0750-AH17

Defense Federal Acquisition Regulation Supplement; 
Nonavailability Exception for Procurement of Hand or Measuring Tools 
(DFARS Case 2011-D025)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Interim rule.


SUMMARY: DoD is issuing an interim rule to implement section 847 of the 
National Defense Authorization Act for Fiscal Year 2011. Section 847 
provides a nonavailability exception to the requirement at 10 U.S.C. 
2533a (Berry Amendment) to acquire only domestic hand or measuring 

DATES: Effective date: March 17, 2011.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before May 16, 2011, to be 
considered in the formation of the final rule.

ADDRESSES: Submit comments identified by DFARS Case 2011-D025, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``DFARS Case 2011-D025'' under the heading ``Enter keyword or ID'' and 
selecting ``Search.'' Select the link ``Submit a Comment'' that 
corresponds with ``DFARS Case 2011-D025.'' Follow the instructions 
provided at the ``Submit a Comment'' screen. Please include your name, 
company name (if any), and ``DFARS Case 2011-D025'' on your attached 

[[Page 14589]]

    [cir] E-mail: [email protected]. Include DFARS Case 2011-D025 in the 
subject line of the message.
    [cir] Fax: 703-602-0350.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Amy G. 
Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to 
verify posting (except allow 30 days for posting of comments submitted 
by mail).

    Ms. Amy Williams, 703-602-0328.


I. Background

    This interim rule amends DFARS 225.7002-2 to implement section 847 
of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 
111-383). Section 847 provides a nonavailability exception to the 
requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only 
domestic hand or measuring tools. The nonavailability exception was 
previously limited to the items covered in 10 U.S.C. 2533(b)(1).

II. Executive Order 12866

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This rule is not 
a major rule under 5 U.S.C. 804.

III. Executive Order 13563

    In accordance with Executive Order 13563, Improving Regulation and 
Regulatory Review, dated January 18, 2011, DoD has determined that this 
rule is not excessively burdensome to the public and is consistent with 
DoD's requirement to acquire domestic hand or measuring tools unless an 
authorized exception applies.

IV. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant 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 
allows purchase of hand or measuring tools from foreign sources only 
when such tools are not available from domestic sources. If no domestic 
sources produce the tools, then allowing purchase from a foreign source 
will not impact any U.S. small business. Therefore, an initial 
regulatory flexibility analysis has not been performed.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2011-D025) in 

V. Paperwork Reduction Act

    The rule does not impose any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act, 44 U.S.C. chapter 35.

VI. 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 847 of the National Defense 
Authorization Act for Fiscal Year 2011. This requirement became 
effective upon enactment, January 7, 2011. This action is necessary in 
order to enable contracting officers to acquire hand or measuring tools 
that are not available from domestic sources. 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.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 225 is amended as follows:


1. The authority citation for 48 CFR part 225 continues to read as 

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

2. In section 225.7002-2, the introductory text of paragraph (b) is 
revised to read as follows:

225.7002-2  Exceptions.

* * * * *
    (b) Acquisitions of any of the items in 225.7002-1, if the 
Secretary concerned determines that items grown, reprocessed, reused, 
or produced in the United States cannot be acquired as and when needed 
in a satisfactory quality and sufficient quantity at U.S. market 
prices. (See the requirement in 205.301 for synopsis within 7 days 
after contract award when using this exception.)
* * * * *
[FR Doc. 2011-6235 Filed 3-16-11; 8:45 am]