[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Rules and Regulations]
[Page 42315-42316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-15]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AF54
Defense Federal Acquisition Regulation Supplement; Berry
Amendment Restrictions--Clothing Materials and Components Covered
(DFARS Case 2006-D031)
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 833(b) of the National Defense Authorization Act
for Fiscal Year 2006. Section 833(b) expands the foreign source
restrictions applicable to the acquisition of clothing to also include
clothing materials and components, other than sensors, electronics, or
other items added to, and not normally associated with, clothing and
the materials and components thereof.
DATES: Effective Date: August 2, 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) 602-7887. Please cite DFARS Case 2006-D031.
SUPPLEMENTARY INFORMATION:
[[Page 42316]]
A. Background
DoD published an interim rule at 72 FR 2637 on January 22, 2007, to
implement Section 833(b) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163). Section 833(b) amended 10 U.S.C.
2533a (the Berry Amendment) to expand the foreign source restrictions
applicable to the acquisition of clothing to also include clothing
materials and components, other than sensors, electronics, or other
items added to, and not normally associated with, clothing and the
materials and components thereof.
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 has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact specified herein. The analysis is summarized as
follows:
The objective of the rule is to provide for the acquisition of
clothing, and clothing materials and components, from domestic sources
in accordance with statutory requirements. The rule applies to entities
interested in receiving DoD contracts or subcontracts for the
acquisition of clothing. Based on data collected through the DoD
contract action reporting system, DoD awarded 6,072 contract actions
relating to the acquisition of clothing items during fiscal year 2005.
These actions had a total dollar value of $1.868 billion and involved
1,110 contractors. Of these actions, 4,087 totaling $.81 billion
involved 906 contractors that were small business concerns. This rule
may have a positive impact on small businesses that manufacture
clothing materials and components, by reducing foreign competition.
However, the rule could have a negative impact on small businesses that
have been using foreign components in the manufacture of clothing
products.
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 Parts 225 and 252
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 Parts 225 and 252, which
was published at 72 FR 2637 on January 22, 2007, is adopted as a final
rule without change.
[FR Doc. E7-14898 Filed 8-1-07; 8:45 am]
BILLING CODE 5001-08-P