Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Proposed Rules 59641

Dated: October 29, 1997.

Bruce A. Lehman,

Assistant Secretary of Commerce and

Commissioner of Patents and Trademarks.

[FR Doc. 97–29161 Filed 11–3–97; 8:45 am]

BILLING CODE 3510–16–P

DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

[DFARS Case 97–D028]

Defense Federal Acquisition

Regulation Supplement; Commercial

Ball or Roller Bearings—Components

of Noncommercial Items

AGENCY: Department of Defense (DOD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Director of Defense

Procurement is proposing to amend the

Defense Federal Acquisition Regulation

Supplement (DFARS) to remove

domestic source restrictions on

commercial ball or roller bearings that

are components of noncommercial end

items.

DATES: Comment date: Comments on the

proposed rule should be submitted in

writing to the address shown below on

or before January 5, 1998, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Amy Williams, PDUSD

(A&T)DP(DAR). IMD 3D139, 3062

Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350.

E-mail comments submitted over the

Internet should be addressed to:

dfars@acq.osd.mil.

Please cite DFARS Case 97–D028 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 97–D028 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms.

Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This rule proposes amendments to

DFARS 225.7019–2 and the associated

clause at 252.225–7016, Restriction on

Acquisition of Ball and Roller Bearings,

to remove domestic source restrictions

on commercial ball or roller bearings

that are components of noncommercial

end items. This is consistent with the

existing language at DFARS

212.504(a)(xviii), which provides that

10 U.S.C. 2534, Miscellaneous

Limitations on the Procurement of

Goods Other Than United States Goods,

is not applicable to subcontracts at any

tier for the acquisition of commercial

items or commercial components. The

language at 212.504(a)(xviii) was added

to the DFARS as part of the

implementation of Section 8003 of the

Federal Acquisition Streamlining Act of

1994 (41 U.S.C. 430), which provides

that the Federal Acquisition Regulation

shall include a list of provisions of law

that are inapplicable to contracts for

commercial items.

B. Regulatory Flexibility Act

The proposed rule may 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. An

initial regulatory flexibility analysis has

been prepared and is summarized as

follows: The objective of this rule is to

be consistent with the existing

regulations relating to the acquisition of

commercial items and commercial

components. The rule will apply to all

offerors and contractors offering

noncommercial end items that contain

commercial ball or roller bearings as

components, and all suppliers of such

commercial bearings, but will have no

effect if another exception to 10 U.S.C.

2534 already applies. There is no data

available to estimate the number of

small entities involved, because DD

Form 350 data does not provide

information regarding components.

However, the rule will not affect

acquisitions using simplified

acquisition procedures, as an exception

covering such acquisitions already

exists. Furthermore, the restriction has

already been waived for bearings from

qualifying countries. The proposed rule

will remove the requirement for offerors

and contractors to track the origin of

commercial ball or roller bearings used

as components in noncommercial end

items. The proposed rule may increase

competition from naufacturers of

foreign, nonqualifying country

commercial ball or roller bearings in

affected acquisitions.

Comments are invited from small

businesses and other interested parties.

Comments from small entities

concerning the affected DFARS subparts

also will be considered in accordance

with 5 U.S.C. 610. Such comments

should be submitted separately and

should cite DFARS Case 97–D028 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed 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,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR parts 225 and 252

are proposed to be amended as follows:

1. The authority citation for 48 CFR

parts 225 and 252 continues to read as

follows:

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

Chapter 1.

PART 225—FOREIGN ACQUISITION

2. Section 225.7019–2 is amended by

revising paragraph (a)(2) to read as

follows:

225.7019–2 Exceptions.

(a) * * *

(2) Purchases of commercial items

(end items or components)

incorporating ball or roller bearings or

purchases of ball or roller bearings that

are commercial components of

noncommercial items.

* * * * *

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 252.225–7016 is amended

by revising the clause date and

paragraphs (c)(1)(i) and (f) to read as

follows:

252.225–7016 Restriction on acquisition of

ball and roller bearings.

* * * * *

RESTRICTION ON ACQUISITION OF BALL

AND ROLLER BEARINGS (XXX 19XX)

* * * * *

(c)(1) * * *

(i) The end items or components

containing ball or roller bearings are

commercial items or the bearings are

commercial components of noncommercial

items; or

* * * * *

(f) The Contractor agrees to insert this

clause, including this paragraph (f), in every

subcontract and purchase order issued in

performance of this contract, unless items

acquired in the subcontract or purchase order

are—

(1) Commercial items; or

(2) Items that do not contain ball or roller

bearings.

(End of clause)

[FR Doc. 97–29122 Filed 11–3–97; 8:45 am]

BILLING CODE 5000–04–M