[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]

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