Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations 32843 

significant effect beyond the internal 

operating procedures of the 

Government. Therefore, publication for 

public comment under 41 U.S.C. 1707 is 

not required. 

IV. Paperwork Reduction Act 

The final rule does not contain 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). 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.7009–2 [Amended] 

■ 2. Amend section 225.7009–2 by 

removing from paragraph (a)(2) the 

words ‘‘mined, produced, or’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 3. Amend section 252.212–7001 by 

revising the clause date in paragraph 

(b)(11) by removing ‘‘(DEC 2010)’’ and 

adding in its place ‘‘(JUN 2011)’’. 

252.225–7016 [Amended] 

■ 4. Amend section 252.225–7016 as 

follows: 

■ a. Revise the clause date by removing 

‘‘(DEC 2010)’’ and adding in its place 

‘‘(JUN 2011)’’. 

■ b. Amend paragraph (b)(2) by 

removing the words ‘‘mined, produced, 

or’’. 

■ 5. Amend section 252.225–7035 by 

revising Alternate I to read as follows: 

252.225–7035 Buy American Act—Free 

Trade Agreements—Balance of Payments 

Program Certificate 

ALTERNATE I (JUN 2011) 

As prescribed in 225.1101(10)(ii), 

substitute the phrase ‘‘Canadian end product’’ 

for the phrases ‘‘Bahrainian end product,’’ 

‘‘Free Trade Agreement country,’’ ‘‘Free Trade 

Agreement country end product,’’ ‘‘Moroccan 

end product,’’ and ‘‘Peruvian end product’’ in 

paragraph (a) of the basic provision; 

substitute the phrase ‘‘Canadian end 

products’’ for the phrase ‘‘Free Trade 

Agreement country end products other than 

Bahrainian end products, Moroccan end 

products, or Peruvian end products’’ in 

paragraphs (b)(2) and (c)(2)(ii) of the basic 

provision; and delete the phrase ‘‘Australian 

or’’ from paragraph (c)(2)(i) of the basic 

provision. 

252.225–7045 [Amended] 

■ 6. Amend section 252.225–7045 as 

follows: 

■ a. Revise the clause date of Alternate 

II by removing ‘‘(DEC 2010)’’ and adding 

in its place ‘‘(JUN 2011)’’. 

■ b. Amend paragraph (d) of Alternate II 

by removing ‘‘The’’ and adding in its 

place ‘‘If the Contractor is from an SC/ 

CASA state, the’’. 

■ c. Revise the clause date of Alternate 

III by removing ‘‘(DEC 2010)’’ and 

adding in its place ‘‘(JUN 2011)’’. 

■ d. Amend paragraph (d) of Alternate 

III by removing ‘‘The’’ and adding in its 

place ‘‘If the Contractor is from an SC/ 

CASA state, the’’. 

[FR Doc. 2011–13797 Filed 6–3–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AH22 

Defense Federal Acquisition 

Regulation Supplement; Fire-Resistant 

Fiber for Production of Military 

Uniforms (DFARS Case 2011–D021) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

to implement section 821 of the 

National Defense Authorization Act for 

Fiscal Year 2011. Section 821 prohibits 

specification of the use of fire-resistant 

rayon fiber in solicitations issued before 

January 1, 2015. 

DATES: Effective date: June 6, 2011. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before August 5, 2011. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D021, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2011–D021’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D021.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D021’’ on your 

attached document. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D021 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ 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). 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule amends DFARS 

subpart 225.70 to implement section 

821 of the National Defense 

Authorization Act for Fiscal Year 2011 

(Pub. L. 111–383). Section 821 prohibits 

specification of the use of fire-resistant 

rayon fiber in solicitations issued before 

January 1, 2015. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

III. Regulatory Flexibility Act 

DoD does not expect this interim rule 

to 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. 

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32844 Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations 

However, an initial regulatory flexibility 

analysis has been prepared and is 

summarized as follows: 

The objectives of this interim rule are 

to prohibit specification of the use of 

fire-resistant rayon fiber in solicitations 

issued before January 1, 2015, as 

required by the statute. This will 

provide opportunity for offerors to 

propose alternative solutions to meet 

DoD requirements. 

The legal basis for this interim rule is 

section 821 of the National Defense 

Authorization Act for Fiscal Year 2011 

(Pub. L. 111–383). 

The two major sources of fire-resistant 

fiber used in DoD products either come 

from DuPont (product called Nomex) or 

The Lenzing Group, Austria (product 

called Fire-Resistant Rayon). In order to 

manufacture a fire-resistant uniform 

currently being sourced by the services, 

three products are blended together to 

meet desired cost, availability, and 

performance criteria: 

• Nylon; 

• Para-aramid (Kevlar by DuPont or 

Twaron by Teijin (the Netherlands)); 

and 

• Either Nomex (DuPont) or FireResistant Rayon (Lenzing). 

DuPont is a domestic large business 

and the other players are foreign. 

Therefore, this rule will have minimal 

impact on U.S. small businesses. 

This rule does not impose any 

reporting or recordkeeping 

requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no significant alternatives to 

accomplish the stated objectives of this 

rule. The rule specifically implements 

the statutory requirement. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

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–D021) in 

correspondence. 

V. Paperwork Reduction Act 

The rule does not contain 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 821 of the 

National Defense Authorization Act for 

Fiscal Year 2011. This requirement 

became effective upon enactment on 

January 7, 2011. This action is necessary 

in order to enable contracting officers to 

comply with this new requirement. 

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: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

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

chapter 1. 

■ 2. In subpart 225.70, add section 

225.7016 to read as follows: 

225.7016 Prohibition. 

In accordance with section 821 of the 

National Defense Authorization Act for 

Fiscal Year 2011, do not include in any 

solicitation issued before January 1, 

2015, a requirement that proposals 

submitted pursuant to such solicitation 

shall include the use of fire-resistant 

rayon fiber. 

[FR Doc. 2011–13368 Filed 6–3–11; 8:45 am] 

BILLING CODE 5001–08–P 

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