63328 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 

deletion of text that duplicates policy 

found in 235.016. A reference to 

236.016 has been retained in newly 

designated 205.207(d)(ii). 

• Deletion of unnecessary text at 

DFARS 205.207(e), 205.470–1, and 

205.502. The clause prescription at 

205.470–2 is redesignated as 205.470 

and amended to include a statutory 

reference. 

DoD published a proposed rule at 69 

FR 8148 on February 23, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed 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 updates and relocates 

DFARS text, but makes no significant 

change to contracting policy. 

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 205, 

226, 235 and 252 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR parts 205, 226, 235, 

and 252 are amended as follows:

■ 1. The authority citation for 48 CFR 

parts 205, 226, 235, and 252 continues to 

read as follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.

PART 205—PUBLICIZING CONTRACT 

ACTIONS

■ 2. Section 205.207 is revised to read as 

follows:

205.207 Preparation and transmittal of 

synopses. 

(d)(i) For acquisitions being 

considered for historically black college 

and university and minority institution 

set-asides under 226.7003—

(A) Cite the appropriate Numbered 

Note; and 

(B) Include the notice at PGI 

205.207(d)(i). 

(ii) For broad agency announcement 

notices, see 235.016.

■ 3. Section 205.470 is revised to read as 

follows:

205.470 Contract clause. 

Use the clause at 252.205–7000, 

Provision of Information to Cooperative 

Agreement Holders, in solicitations and 

contracts expected to exceed $500,000. 

This clause implements 10 U.S.C. 2416.

205.470–1 and 205.470–2 [Removed]

■ 4. Sections 205.470–1 and 205.470–2 

are removed.

■ 5. Section 205.502 is revised to read as 

follows:

205.502 Authority. 

(a) Newspapers. Heads of contracting 

activities are delegated authority to 

approve the publication of paid 

advertisements in newspapers.

PART 226—OTHER SOCIOECONOMIC 

PROGRAMS

■ 6. Section 226.7003–2 is amended by 

revising paragraph (c) to read as follows:

226.7003–2 Set-aside procedures.

* * * * *

(c) Follow the special synopsis 

instructions in 205.207(d). Interested 

HBCU/MIs must provide evidence of 

their capability to perform the contract, 

and a positive statement of their 

eligibility, within 15 days of publication 

of the synopsis in order for the 

acquisition to proceed as an HCBU/MI 

set-aside.

* * * * *

PART 235—RESEARCH AND 

DEVELOPMENT CONTRACTING

235.016 [Amended]

■ 7. Section 235.016 is amended in 

paragraph (2)(ii) by revising the 

parenthetical to read ‘‘(see 205.207(d))’’.

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

252.205–7000 [Amended]

■ 8. Section 252.205–7000 is amended in 

the introductory text by removing 

‘‘205.470–2’’ and adding in its place 

‘‘205.470’’.

[FR Doc. 04–24287 Filed 10–29–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 208, 210, 219, and 252

[DFARS Case 2004–D005] 

Defense Federal Acquisition 

Regulation Supplement; Federal 

Prison Industries—Deletion of 

Duplicative Text

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to delete text on purchase of 

products from Federal Prison Industries 

(FPI). The DFARS text is no longer 

necessary as a result of 

Governmentwide policy on this subject 

that was added to the Federal 

Acquisition Regulation (FAR) on March 

26, 2004.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2004–D005.

SUPPLEMENTARY INFORMATION:

A. Background 

DoD published DFARS policy at 67 

FR 20687 on April 26, 2002, and 68 FR 

64559 on November 14, 2003, to 

implement 10 U.S.C. 2410n, which 

contains requirements for (1) 

conducting market research before 

purchasing an FPI product; (2) use of 

competitive procedures if an FPI 

product is found to be noncomparable 

to products available from the private 

sector; (3) limiting an inmate worker’s 

access to information; and (4) 

prohibiting mandatory use of FPI as a 

subcontractor. 

Section 637 of Division F of the 

Consolidated Appropriations Act, 2004 

(Pub. L. 108–199), required the issuance 

of Governmentwide regulations that 

impose the procedures, standards, and 

limitations of 10 U.S.C. 2410n. Section 

637 was implemented through 

publication of FAR policy in Federal 

Acquisition Circular 2001–21, at 69 FR 

16148, on March 26, 2004. Since the 

FAR policy implementing 10 U.S.C. 

2410n makes the DFARS policy 

unnecessary, this final rule removes the 

DFARS policy that was published at 67 

FR 20687 on April 26, 2002, and 68 FR 

64559 on November 14, 2003. 

This rule was not subject to Office of 

Management and Budget review under 

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 63329

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment is not 

required. However, DoD will consider 

comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should cite DFARS Case 

2004–D005. 

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 208, 

210, 219, and 252

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR parts 208, 210, 219, 

and 252 are amended as follows:

■ 1. The authority citation for 48 CFR 

parts 208, 210, 219, and 252 continues to 

read as follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES

Subpart 208.6—[Removed]

■ 2. Subpart 208.6 is removed.

PART 210—[REMOVED]

■ 3. Part 210 is removed.

PART 219—SMALL BUSINESS 

PROGRAMS

219.502–70 [Removed]

■ 4. Section 219.502–70 is removed.

219.508 [Removed]

■ 5. Section 219.508 is removed.

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

252.219–7005 and 252.219–7006 [Removed 

and Reserved]

■ 6. Sections 252.219–7005 and 

252.219–7006 are removed and reserved.

[FR Doc. 04–24283 Filed 10–29–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 212

[DFARS Case 2003–D106] 

Defense Federal Acquisition 

Regulation Supplement; Transition of 

Weapons-Related Prototype Projects 

to Follow-On Contracts

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 847 of 

the National Defense Authorization Act 

for Fiscal Year 2004. Section 847 

authorizes DoD to carry out a pilot 

program that permits the use of 

streamlined contracting procedures for 

the production of items or processes 

begun as prototype projects under other 

transaction agreements.

DATES: Effective date: November 1, 

2004. 

Comment date: Comments on the 

interim rule should be submitted to the 

address shown below on or before 

January 3, 2005, to be considered in the 

formation of the final rule.

ADDRESSES: You may submit comments, 

identified by DFARS Case 2003–D106, 

using any of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Defense Acquisition Regulations 

Web Site: http://emissary.acq.osd.mil/

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2003–D106 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Amy 

Williams, OUSD(AT&L)DPAP(DAR), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations Council, 

Crystal Square 4, Suite 200A, 241 18th 

Street, Arlington, VA 22202–3402. 

All comments received will be posted 

to http://emissary.acq.osd.mil/dar/

dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328.

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule adds a new DFARS 

subpart to implement Section 847 of the 

National Defense Authorization Act for 

Fiscal Year 2004 (Pub. L. 108–136). 

Section 847 authorizes DoD to carry out 

a pilot program for follow-on 

contracting for the production of items 

or processes begun as prototype projects 

under other transaction agreements. 

Contracts and subcontracts awarded 

under the program may be treated as 

those for the acquisition of commercial 

items; and items or processes acquired 

under the program may be treated as 

developed in part with Federal funds 

and in part at private expense for 

purposes of negotiating rights in 

technical data. 

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 does not expect this 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., 

because the rule applies only to 

production contracts for DoD weapons 

and weapon systems. Such contracts 

typically are not awarded to small 

business concerns. Therefore, DoD has 

not performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2003–D106. 

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.

D. 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 2004 

(Pub. L. 108–136). Section 847 

authorizes DoD to carry out a pilot 

program that permits the use of 

streamlined contracting procedures for 

the production of items or processes 

begun as prototype projects under other 

transaction agreements. The program is 

intended to ease the transition of 

nontraditional defense contractors from 

prototype transactions to standard