Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations 47153

The Commission will publish a

document at a later date announcing

this effective date.

FOR FURTHER INFORMATION CONTACT:

Helene Schrier Nankin, 202–418–1466,

Network Services Division, Common

Carrier Bureau.

SUPPLEMENTARY INFORMATION: Under

§ 64.604 of the Commission’s rules, the

TRS must be capable of handling any

type of telephone call normally

provided by common carriers. The

Commission has interpreted this rule to

include coin sent-paid calls. The coin

sent-paid rule was initially to become

effective on July 26, 1993. 47 U.S.C.

225(c) (1996). The Bureau has

suspended enforcement of the

requirement that common carriers

provide coin sent-paid calls through the

TRS centers since 1993 based on

common carriers’ representations that it

has been technically infeasible to

provide the coin sent-paid service

through the TRS centers (‘‘coin sentpaid rule’’). Since 1995, carriers have

made payphones accessible to TRS

users through an Alternative Plan

(‘‘Alternative Plan’’). The Alternative

Plan enables TRS users to make local

relay calls for free and to make toll calls

from payphones using calling or prepaid

cards at or below the coin call rates. The

Alternative Plan also requires carriers to

educate TRS users about the alternative

payment methods that the TRS users

can use to make relay calls from

payphones. The Bureau directed carriers

to file two reports on the effectiveness

of the Alternative Plan, due 12 and 18

months after the issuance of the

Bureau’s order adopting the Alternative

Plan (‘‘12 Month Report’’ and ‘‘18

Month Report’’ respectively). The

Bureau listed the two reports on public

notice dated May 9, 1997 and received

nine comments on June 2, 1997.

Commenters disagree on the

effectiveness of the Alternative Plan.

In the Order, the Bureau suspended

the enforcement of the requirement that

the TRS be capable of handling coin

sent-paid calls for one year until August

26, 1998 because the only technological

solution that can provide the coin sentpaid calls through the TRS centers, coin

signalling interface (‘‘CSI’’), has serious

deficiencies and no new technological

solution appears imminent. In the

Order, the Bureau recommends that

during the one year suspension, the

Commission conduct a rulemaking on

coin sent-paid issues to gather

information sufficient to ensure that the

Commission’s final decision on whether

the TRS must be capable of handling

coin sent-paid calls is based on a

complete and fresh record.

In addition, the Bureau directed

carriers to continue to make payphones

accessible to TRS users under the terms

of the Alternative Plan as set forth in the

1995 Suspension Order, 60 FR 58626

(Nov. 28, 1995), and as modified by the

Order. The Bureau required carriers: (1)

to send a consumer education letter to

TRS centers; (2) to inform organizations

representing the hearing and speech

disability community before attending

their regional and national meetings

who will be present at the meeting,

where the industry’s booth will be

located, and at what times the booth

will be in operation; and (3) to publish

an article in Consumer Action Network

(‘‘CAN’s’’) respective organizations’’

magazines or newsletters. The Bureau

also directed carriers to work jointly

with the organizations representing the

individuals with hearing and speech

disabilities to draft a report about the

feasibility of executing the other

proposals contained in the 18 Month

Report, to be submitted to the

Commission within two months of the

publication of a summary of the Order

in the Federal Register. In particular,

the Bureau directed carriers to consult

with representatives from organizations

that represent the hearing and speech

disability community to determine if it

would be useful and possible to educate

TRS users about the Alternative Plan by:

(1) Sending a letter directly to all CAN’s

members; and (2) creating laminated

cards with visual characters that will

provide a pictorial explanation to

accompany the text describing access to

TRS centers from payphones and which

can be distributed to TRS users. If

carriers found that these actions are

feasible, the Bureau directed carriers to

take these actions.

The full text of the Order is available

for inspection and copying during the

weekday hours of 9 a.m. to 4:30 p.m. in

the Commission’s Reference Center,

Room 239, 1919 M Street, N.W., or

copies may be purchased from the

Commission’s duplicating contractor,

ITS, Inc., 2100 M Street, N.W., Suite

140, Washington D.C. 20037, phone

202/857–3800.

List of Subjects in 47 CFR Part 64

Communications common carriers,

Handicapped, Individuals with hearing

and speech disabilities,

Telecommunications relay services.

For the reasons set forth in the

preamble, § 64.604(a)(3) is suspended

from September 8, 1997 through August

26, 1998.

Federal Communications Commission.

Kent Nilsson,

Deputy Division Chief, Network Services

Division, Common Carrier Bureau.

[FR Doc. 97–23529 Filed 9–5–97 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 212, 225, 244, and 252

[DFARS Case 96–D333]

Defense Federal Acquisition

Regulation Supplement; Application of

Berry Amendment

AGENCY: Department of Defense (DOD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has adopted as final, with

changes, the interim rule that was

published at 62 FR 5779 on February 7,

1997. The rule amends the Defense

Federal Acquisition Regulation

Supplement (DFARS) to implement

Section 8109 of the National Defense

Appropriations Act for Fiscal Year 1997.

Section 8109 provides that, in applying

the Berry Amendment, the term

‘‘synthetic fabric and coated synthetic

fabric’’ shall be deemed to include all

textile fibers and yarns that are for use

in such fabrics; and that the domestic

source restrictions of the Berry

Amendment shall apply to contracts

and subcontracts for the procurement of

commercial items.

EFFECTIVE DATE: September 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–0131;

telefax (703) 602–0350. Please cite

DFARS Case 96–D333.

SUPPLEMENTARY INFORMATION:

A. Background

An interim rule with request for

comments was published at 62 FR 5779

on February 7, 1997. The rule amended

DFARS Parts 212, 225, 244, and 252 to

extend the application of the Berry

Amendment domestic source

restrictions (10 U.S.C. 2241 note) to

textile fibers and yarns that are for use

in synthetic fabric and coated synthetic

fabric; and to require flow down of the

Berry Amendment restrictions to

subcontracts for the procurement of

commercial items. The interim rule

provided an exception to the Berry

Amendment restrictions for purchases

of fibers and yarns that are for use in

synthetic fabric or coated synthetic

fabric, if such fabric is to be used as a

component of an end item not classified

in Federal Supply Group 83 or 84. This
47154 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations

final rule revises the exception for fibers

and yarns to apply to those that are for

use in synthetic fabric or coated

synthetic fabric, if such fabric is to be

used as a component of an end item that

is not a textile product; and provides

examples of textile products, which

include, but are not limited to, products

in Federal Supply Groups 83 and 84.

Five respondents submitted

comments on the interim rule. All

comments were considered in

developing the final rule.

B. Regulatory Flexibility Act

A final regulatory flexibility analysis

has been performed. The analysis is

summarized as follows: The legal basis

for this rule is the Berry Amendment (10

U.S.C. 2241 note). There were no public

comments in response to the initial

regulatory flexibility analysis. However,

various comments on the interim rule

suggested other ways to identify the

textile products to which the domestic

source restrictions on textile fibers

apply. As a result, the final rule uses

additional examples to clarify what

products are ‘‘textile products.’’ This

rule is expected to have a positive

impact on small entities that provide

domestic textile products or specialty

metals restricted by the Berry

Amendment, because it reduces foreign

competition for those items. The rule

imposes no new reporting,

recordkeeping, or compliance

requirements for offerors or contractors.

There are no practical alternatives that

will meet the requirements of the Berry

Amendment.

A copy of the analysis may be

obtained by contacting the Defense

Acquisition Regulations Council, Attn:

Ms. Amy Williams,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–0131;

telefax (703) 602–0350.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply, because this final rule does

not impose any reporting or

recordkeeping requirements that require

Office of Management and Budget

approval under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 212,

225, 244, and 252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Interim Rule Adopted as Final With

Changes

Accordingly, the interim rule

amending 48 CFR parts 212, 225, 244,

and 252, which was published at 62 FR

5779 on February 7, 1997, is adopted as

final with the following changes:

1. The authority citation for 48 CFR

parts 212, 225, 244, and 252 continues

to read as follows:

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

Chapter 1.

PART 225—FOREIGN ACQUISITION

2. Section 225.7002–1 is amended by

revising paragraph (a)(9) to read as

follows:

225.7002–1 Restrictions.

(a) * * *

(9) Any item of individual equipment

(Federal Supply Class 8465)

manufactured from or containing any of

the listed fibers, yarns, fabrics, or

materials.

* * * * *

3. Section 225.7002–2 is amended by

revising paragraph (j) to read as follows:

225.7002–2 Exceptions.

* * * * *

(j) Purchases of fibers and yarns that

are for use in synthetic fabric or coated

synthetic fabric (but not the purchase of

the synthetic or coated synthetic fabric

itself), if such fabric is to be used as a

component of an end item that is not a

textile product. Examples of textile

products, made in whole or in part of

fabric, include—

(1) Draperies, floor coverings,

furnishings, and bedding (Federal

Supply Group 72, Household and

Commercial Furnishings and

Appliances);

(2) Items made in whole or in part of

fabric in Federal Supply Group 83,

Textile/leather/furs/apparel/findings/

tents/flags, or Federal Supply Group 84,

Clothing, Individual Equipment and

Insignia;

(3) Upholstered seats (whether for

household, office, or other use); and

(4) Parachutes (Federal Supply Class

1670).

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

4. Section 252.225–7012 is amended

by revising the clause date and

paragraphs (a)(10) and (b)(4) to read as

follows:

252.225–7012 Preference for certain

domestic commodities.

* * * * *

Preference for Certain Domestic

Commodities (Sept. 1997)

(a) * * *

(10) Any item of individual equipment

(Federal Supply Class 8465) manufactured

from or containing such fibers, yarns, fabrics,

or materials.

(b) * * *

(4) To purchase of fibers and yarns that are

for use in synthetic fabric or coated synthetic

fabric (but not the purchase of the synthetic

or coated synthetic fabric itself), if such

fabric is to be used as a component of an end

item that is not a textile product. Examples

of textile products, made in whole or in part

of fabric, include—

(i) Draperies, floor coverings, furnishings,

and bedding (Federal Supply Group 72,

Household and Commercial Furnishings and

Appliances);

(ii) Items made in whole or in part of fabric

in Federal Supply Group 83, Textile/leather/

furs/apparel/findings/tents/flags, or Federal

Supply Group 84, Clothing, Individual

Equipment and Insignia;

(iii) Upholstered seats (whether for

household, office, or other use); and

(iv) Parachutes (Federal Supply Class

1670).

(End of clause)

[FR Doc. 97–23658 Filed 9–5–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

48 CFR Part 231

[DFARS Case 95–D714]

Defense Federal Acquisition

Regulation Supplement; Cost

Principles

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has issued a final rule

amending the Defense Federal

Acquisition Regulation Supplement

(DRARS) to implement provisions of the

Federal Acquisition Streamlining Act of

1994 pertaining to legislative lobbying

costs.

EFFECTIVE DATES: September 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Sandra G. Haberlin, PDUSD (A&T)

DP (DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telephone (703) 602–0131; telefax (703)

602–0350. Please cite DFARS Case 95–

D714.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule implements Section

7202 of the Federal Acquisition

Streamlining Act of 1994 (Pub. L. 103–

355). Section 7202 prohibits the

expenditure of funds to assist any DoD

contractor in preparing any material,

report, list, or analysis, with respect to

the actual or projected economic or

employment impact in a particular State

or congressional district of an