Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations 5779

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–209,

adopted January 24, 1997, and released

January 31, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 2100 M

Street, NW., Suite 140, Washington, DC.

20037, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Minnesota, is

amended by adding Belview, Channel

290A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–3115 Filed 2–6–97; 8:45 am]

BILLING CODE 6712–01–F

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: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending 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 (10 U.S.C. 2241 note), 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.

DATE: Effective date: February 7, 1997.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before April 8, 1997, 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. Please

cite DFARS Case 96–D333 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule amends the DFARS

to implement Section 8109 of the

National Defense Appropriations Act for

Fiscal Year 1997 (Pub. L. 104–208). This

rule extends the application of the Berry

Amendment domestic source

restrictions to textile fibers and yarns

that are for use in synthetic fabric and

coated synthetic fabric; requires

flowdown of the Berry Amendment

restrictions to subcontracts for the

procurement of commercial items; and

clarifies the application of Berry

Amendment restrictions through the use

of Federal supply classification codes.

B. Regulatory Flexibility Act

This interim rule is expected to have

a significant positive 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:

This interim rule amends the DFARS

to implement Section 8109 of the

National Defense Appropriations Act for

Fiscal Year 1997 (Pub. L. 104–208). The

aspect of the rule that is expected to

benefit small entities is the requirement

for flowdown of the Berry Amendment

restrictions to subcontracts for the

procurement of commercial items. In

particular, this rule will lessen foreign

competition in commercial subcontracts

for the acquisition of items containing

cotton and other natural fiber products

or wool (whether in the form of fiber or

yarn or contained in fabrics, materials,

or manufactured articles); woven silk or

woven silk blends; spun silk yarn for

cartridge cloth; canvas products; and

certain specialty metals. Statistics are

not readily available pertaining to the

number of subcontracts for the

acquisition of such items awarded to

small entities under DoD prime

contracts. This rule contains no new

reporting, recordkeeping, or other

compliance requirements for large or

small entities; and does not duplicate,

overlap, or conflict with any other

Federal rules. The rule is expected to

have a positive impact on domestic

sources of certain commodities and,

therefore, applies equally to both large

and small entities. There are no

practical alternatives that will meet the

statutory requirements implemented in

this rule.

A copy of the Initial Regulatory

Flexibility Analysis has been submitted

to the Chief Counsel for Advocacy of the

Small Business Administration.

Interested parties may obtain a copy of

the analysis from the address specified

herein. 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 96–D333 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this interim rule does

not contain any information collection

requirements that require 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 this interim rule prior to

affording the public an opportunity to

comment. This action is necessary

because Section 8109 of the National

Defense Appropriations Act for Fiscal

Year 1997 (Pub. L. 104–208) was

effective upon enactment on September

30, 1996. Comments received in

response to the publication of this

interim rule will be considered in

formulating the final rule.

List of Subjects in 48 CFR Parts 212,

225, 244, and 252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 212, 225, 244,

and 252 are amended as follows:
5780 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules and Regulations

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 212—ACQUISITION OF

COMMERCIAL ITEMS

1a. The heading for part 212 is revised

to read as set forth above.

212.504 [Amended]

2. Section 212.504 is amended by

removing and reserving paragraph (a)(i).

PART 225—FOREIGN ACQUISITION

3. Section 225.70002–1 is amended by

revising the introductory text of

paragraph (a) and paragraphs (a)(7) and

(a)(9) to read as follows:

225.7002–1 Restrictions.

(a) In accordance with Section 9005 of

Public Law 102–396, as amended (10

U.S.C. 2241 note, Limitations on Food,

Clothing, and Specialty Metals Not

Produced in the United States), and

Section 8109 of Public Law 104–208, do

not acquire supplies consisting in whole

or in part of any of the following, that

have not been grown or produced in the

United States or its possessions—

* * * * *

(7) Synthetic fabric or coated

synthetic fabric, including all textile

fibers and yarns that are for use in such

fabrics;

* * * * *

(9) Any item of individual equipment

(Federal Supply Classification 8465)

manufactured from or containing any of

the listed fibers, yarns, fabrics, or

materials.

* * * * *

4. Section 225.7002–2 is amended by

revising paragraphs (e) and (j) to read as

follows:

225.7002–2 Execeptions.

* * * * *

(e) Acquisitions not exceeding the

simplified acquisition threshold.

* * * * *

(j) Purchase 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,

Textile/leather/furs/apparel/findings/

tents/flags, or Federal Supply Group 84,

Clothing, Individual Equipment and

Insignia.

PART 244—SUBCONTRACTING

POLICIES AND PROCEDURES

5. Subpart 244.4 is added to read as

follows:

Subpart 244.4—Subcontracts for

Commercial Items and Commercial

Components

Sec.

244.403 Contract clause.

Subpart 244.4—Subcontracts for

Commercial Items and Commercial

Components

244.403 Contract clause.

Use the clause at 252.244–7000,

Subcontracts for Commercial Items and

Commercial Components (DoD

Contracts), in solicitations and contract

for supplies or services other than

commercial items, that contain the

clause at 252.225–7014, Preference for

Domestic Specialty Metals, Alternate I.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

6. Section 252.212–7001 is amended

by revising the clause date to read ‘‘(FEB

1997)’’; and by adding paragraph (c) to

the clause to read as follows:

252.212–7001 Contract terms and

conditions required to implement statutes

or Executive Orders applicable to Defense

acquisitions of commercial items.

* * * * *

(c) In addition to the clauses listed in

paragraph (e) of the Contract Terms and

Conditions Required to Implement Statutes

or Executive Orders-Commercial Items clause

of this contract, the Contractor shall include

the terms of the following clause, if

applicable, in subcontracts for commercial

items or commercial components, awarded at

any tier under this contract:

252.225–7014, Preference for Domestic

Specialty Metals, Alternate I (10 U.S.C. 2241

note).

(End of clause)

7. Section 252.225–7012 is amended

by revising the clause date to read ‘‘(FEB

1997)’’; and by revising paragraphs

(a)(7), (a)(10), and (b)(4) of the clause to

read as follows:

252.225–7012 Preference for certain

domestic commodities.

* * * * *

(a) * * *

(7) Synthetic fabric, and coated synthetic

fabric, including all textile fibers and yarns

that are for use in such fabrics;

* * * * *

(10) Any item of individual equipment

(Federal Supply Classification 8465)

manufactured from or containing such fibers,

yarns, fabrics, or materials.

(b) * * *

(4) To 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, Textile/leather/

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

Supply Group 84, Clothing, Individual

Equipment and Insignia.

(End of clause)

8. Section 252.225–7014 is amended

by revising the clause date to read ‘‘(FEB

1997)’’; and by revising paragraph (c)(4)

of the clause and Alternate I to read as

follows:

252.225–7014 Preference for domestic

specialty metals.

* * * * *

(c) * * *

(4) The specialty metal is purchased by a

subcontractor at any tier.

(End of clause)

Alternate I (Feb 1997)

As prescribed in 225.7002–3(b), substitute

the following paragraph (c) for paragraph (c)

of the basic clause, and add the following

paragraph (d) to the basic clause:

(c) This clause does not apply to the extent

that—

(1) The Secretary or designee determines

that a satisfactory quality and sufficient

quantity of such articles cannot be acquired

when needed at U.S. market prices;

(2) The acquisition is for an end product

of a country listed in subsection 225.872–1

of the Defense Federal Acquisition

Regulation Supplement; or

(3) The acquisition is necessary to comply

with agreements with foreign governments

requiring the United States to purchase

supplies from foreign sources to offset sales

made by the U.S. Government or U.S. firms

under approved programs.

(d) The Contractor agrees to include the

terms of this clause, including this paragraph

(d), in every subcontract or purchase order

awarded under this contract unless the item

being purchased contains no specialty

metals.

9. Section 252.244–7000 is added to

read as follows:

252.244–7000 Subcontracts for

commercial items and commercial

components (DoD contracts).

As prescribed in 244.403, use the following

clause:

Subcontracts for Commercial Items and

Commercial Components (DoD Contracts)

(Feb 1997)

In addition to the clauses listed in

paragraph (c) of the Subcontracts for

Commercial Items and Commercial

Components clause of this contract, the

Contractor shall include the terms of the

following clause, if applicable, in

subcontracts for commercial items or

commercial components, awarded at any tier

under this contract:

252.225–7014, Preference for Domestic

Specialty Metals, Alternate I (10 U.S.C. 2241

note).

(End of clause)

[FR Doc. 97–3019 Filed 2–6–97; 8:45 am]

BILLING CODE 5000–04–M