Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Notices 63077

offer is based on furnishing a domestic

end product with nonqualifying country

components for which the offeror

requests duty-free entry, or a foreign end

product, other than those that will be

accorded duty-free entry as qualifying

country end products or components, or

eligible products under a trade

agreement. If the answer to paragraph

(a) is positive, then paragraph (b)

requires two checks, as to whether such

foreign supplies are now in the United

States, whether duty has been paid, and

if the duty has not yet been paid, an

indication of what amount is included

in the offer to cover such duty.

Paragraph (c) requires the awardee to

identify, at the request of the contracting

officer, the foreign supplies which are

subject to duty-free entry. Alternate I, as

prescribed in 225.605–70(e), is used

when the Buy American Act/Balance of

Payments Program does not apply, and

refers to U.S. made end products rather

than domestic products (proposed rule,

published September 9, 1997, 62 FR

47407).

• DFARS 252.225–7005,

Identification of Expenditures in the

United States, as prescribed in 225.305–

70, requires contractors to identify, on

each request for payment under certain

contracts subject to the Balance of

Payments Program, the part of the

requested payment representing

expenditures in the United States.

• DFARS 252.225–7006, Buy

American Act-Trade Agreements—

Balance of Payments Program

Certificate, as prescribed in

225.408(a)(1), is similar to 225.252–

7000, but requires separate listing of end

products that are U.S. made but not

domestic, or that are from a qualifying

country, designated country, Caribbean

Basin country, NAFTA country, or other

nondesignated country.

• DFARS 252.225–7009, Duty-Free

Entry-Qualifying Country Supplies (End

Products and Components), DFARS

252.225–7010, Duty-Free EntryAdditional Provisions, and DFARS

252.225–7037, Duty-Free Entry-Eligible

End Products, all as prescribed in

225.605–70, require the contractor or an

authorized agent to provide information

on shipping documents and customs

forms regarding those items that are

eligible for duty-free entry (proposed

rule, published March 11, 1997, 62 FR

11142).

• DFARS 252.225–7016 Restriction

on Acquisition of Ball and Roller

Bearings, as prescribed in 225.7019–4,

requires contractor retention of records

showing compliance with the restriction

until 3 years after final payment. The

contractor agrees to make the records

available to the contracting officer upon

request. The Contractor may request a

waiver in accordance with 225.7019–3,

which also requires the contractor to

submit a written plan for transitioning

to domestically manufactured bearings,

for a waiver under a multiyear contract

or a contract exceeding 12 months.

• DFARS 252.225–7018, Notice of

Prohibition of Certain Contracts with

Foreign Entities for the Conduct of

Ballistic Missile Defense RDTSE, as

prescribed in 225.7011–5, is used in all

competitively negotiated Ballistic

Missile Defense solicitations for

research, development, test, and

evaluation, unless foreign participation

is otherwise excluded, and requires the

offeror to check its status as a U.S. firm.

• DFARS 252.225–7020, Trade

Agreements Certificate, as prescribed in

225.408(a)(3), requires the offeror to list

nondesignated country end products.

This is a new provision, used in

solicitations for information technology

products subject to the Trade

Agreements Act, in lieu of 252.225–

7006 (proposed rule, published

September 9, 1997, 62 FR 47407).

• DFARS 252.225–7025, Restriction

on Acquisition of Forgings, as

prescribed in 225.7102–4, requires

contractor retention of records showing

compliance with the restriction until 3

years after final payment. The contractor

agrees to make the records available to

the contracting officer upon request.

The contractor may request a waiver in

accordance with 225.7102–3.

• DFARS 252.225–7026, Reporting of

Contract Performance Outside the

United States, as prescribed in

225.7203, requires the contractor to

submit a Report of Contract Performance

Outside the United States when any part

of the contract that exceeds a specified

dollar threshold will be performed

outside the United States. The specified

threshold is $500,000 for contracts that

exceed $10 million, or the simplified

acquisition threshold ($100,000) for

contracts that exceed $500,000. The

Contractor may submit the report on DD

Form 2139, Report of Contract

Performance Outside the United States,

or may use a computer-generated report

that contains all information required by

DD Form 2139 (proposed rule,

published October 17, 1997, 62 FR

54017).

• DFARS 252.225–7032, Waiver of

United Kingdom Levies, as prescribed

in 225.873–3, requires United Kingdom

(U.K.) prime contractors, and prime

contractors with subcontracts of a dollar

value exceeding $1 million with U.K.

firms, to provide certain information

necessary for DoD to obtain a waiver of

U.K. levies.

• DFARS 252.225–7035, Buy

American Act—North American Free

Trade Agreement Implementation Act—

Balance of Payments Program

Certificate, as prescribed in

225.408(a)(3), requires the offeror to list

qualifying country (except Canada),

NAFTA country, or other foreign end

products. Alternate I, as prescribed in

225.408(a)(3), requires listing of

Canadian end products, rather than

NAFTA country end products, in

solicitations between $25,000 and

$50,000 (proposed rule published

March 11, 1997 (62 FR 11142).

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

[FR Doc. 97–31110 Filed 11–25–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Revision of the Department of Defense

6055.9—Standard, Department of

Defense Ammunition and Explosives

Safety Standards

AGENCY: Department of Defense.

ACTION: Notice of change.

SUMMARY: The Department of Defense

Explosives Safety Board (DDESB) is

today announcing several changes to

Department of Defense 6055.9—

Standard, dated October 1992. Because

of the length of time since the Standard

was last published in full, the DDESB is

republishing the Standard with all

changes adopted by the Board since

1992 incorporated therein.

The DDESB is taking this action

pursuant to its statutory authority as set

forth in Title 10, United States Code,

Section 172 (10 U.S.C. 172) and DoD

Directive 6055.9, ‘‘Explosives Safety

Board (DDESB) and DoD Component

Explosives Safety Responsibilities,’’ July

29, 1996. The Standard is applicable to

the Office of the Secretary of Defense,

the Military Departments (including the

Army and Air Force National Guards),

the Defense Nuclear Agency, the

Defense Logistics Agency, the Coast

Guard (when under DoD control), and

other parties who produce or manage

ammunition or explosives under

contract to the DoD. Through DoD

6055.9–STD, the DDESB establishes

minimum explosives safety

requirements for storing and handling

ammunition and explosives. Copies of

this Standard may be obtained from the

U.S. Department of Commerce, National

Technical Information Service, 5285

Port Royal Road, Springfield, VA 27161.
63078 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Notices

For more detailed information on

specific aspects of this Standard, contact

Ray Sawyer by calling (703) 325–8625

or by writing to Department of Defense

Explosives Safety Board, 2461

Eisenhower Avenue, Room 856–C,

Alexandria, VA 22331–0600.

SUPPLEMENTARY INFORMATION: Dating

back to 1928 when Congress directed

the Secretaries of the military

departments to establish a joint board of

officers to ‘‘keep informed on stored

supplies of ammunition and

components thereof * * *, with

particular regard to keeping those

supplies properly dispersed and stored

and to preventing hazardous conditions

from arising to endanger life and

property inside or outside of storage

reservations,’’ the DDESB (formerly

known as the Ammunition Safety

Board) has periodically revised or

updated the Standard based on new

scientific or technical information and

explosives safety experience. The

implementation of a change to DoD

6055.9–STD does not depend on formal

publication of a change to DoD 6055.9–

STD. Changes to the Standard are

effective when adopted by the Board, or

as the Board may otherwise direct. In

order to ensure compliance, the Services

and Defense Agencies modify their

Service or Agency implementing

procedures and standards accordingly.

This revision to the October 1992

version of DoD 6055.9–STD

incorporates decisions of the DDESB

made at its 307th through 314th

meetings held from July 1992 through

February 1997. Although the decisions

adopted at the 307th meeting of the

Board in July 1992 pre-date the October

1992 publication, the Standard was

already at the printer and those changes

could not be included. This revision

also reflects the recent assignment of the

DDESB to the Office of the Under

Secretary of Defense for Acquisition and

Technology.

The changes included herein address

the following:

• Expands the Scope of the Standard

to include application to any energetic

material (U.S. titled or otherwise) on

DoD owned or leased facilities.

• Eliminates high explosives limits

for training military working dogs for

explosives detection and maintains

evacuation distances applicable to

personnel who are not involved in the

training activity.

• Establishes quantity-distance

criteria for non-essential personnel and

establishes protection level criteria for

essential personnel for use at

ammunition and explosives burning

sites.

• Expands and clarifies quantitydistance criteria for the location of steel

tanks used to store hazardous materials

or water with respect to ammunition

and explosives locations.

• Establishes criteria for sites where

explosives loaded containers may be

moved from a rail to a road transport

mode, and vice versa.

• Modifies lightning protection

criteria into performance oriented

criteria that are consistent with current

National Fire Protection Association

(NFPA) standards.

• Establishes criteria that apply to

locations where inhabited building

quantity-distance arcs are allowed to

extend beyond DoD boundary lines.

• Clarifies the application of

explosion propagation prevention

measures when storing Storage

Compatibility Groups B and F

ammunition with other compatibility

groups ammunition.

• Expands the exemption from

quantity-distance requirements for

specific combat aircraft weapons loads.

• Establishes quantity-distance

criteria for Navy Maritime Prepositioning Ships based on test results

for specific ship explosives load

configurations.

• Expands and clarifies the standards

applicable to real property containing

ammunition, explosives, or chemical

agents, including providing for specified

depth criteria in the absence of a sitespecific assessment.

• Specifies the conditions that would

allow limited opening of boxes loaded

with ammunition while inside storage

facilities.

• Clarifies the quantity-distance

criteria applicable to training facilities

occupied by military personnel.

• Clarifies the criteria for types of

ammunition and inert materials that

may be stored in modular storage units

and sets explosives limits for modular

storage cells.

• Based upon tests results and

analysis, reduces the quantity-distance

criteria for U.S. 3rd generation harden

aircraft shelters.

• Allows commanders to determine

the appropriate separation distances

between aircraft parking areas, combat

aircraft parking areas, the associated

ready ammunition storage facilities, and

ammunition cargo areas.

• Based upon test results, clarifies the

criteria used to satisfy the quantitydistance requirements for underground

ammunition and explosives storage

facilities.

• Establishes requirement to retain

the explosives facility site plan package

at the installation.

• Establishes quantity-distance

criteria for siting range control points

with respect to other potential explosion

sites.

• Expands and clarifies quantitydistance criteria to include separation of

combat- and explosives-loaded aircraft

from taxiways and runways.

• Revises the definitions and

quantity-distance requirements,

particularly inter-magazine separation

requirements, for earth covered

magazines.

• Clarifies the requirements for

location of overhead electric services

lines with respect to ammunition and

explosives facilities.

• Expands and clarifies the

requirements for transporting materials

contaminated with chemical agents.

• Clarifies the criteria for containers

that may be used to monitor protective

clothing that may be used in chemical

agent areas.

• Modifies public traffic route

distance criteria by expanding traffic

density evaluations to include rail and

ship traffic, basing density on

passengers per day, and providing

guidance for evaluating traffic density to

clarify the use of minimum fragment

distances.

• Corrects inconsistencies with

current Hazard Division 1.6 ammunition

criteria, and harmonizes U.S. criteria

with NATO criteria.

• Establishes criteria applicable to the

use of revetments to separate

ammunition stored on pads or hung on

aircraft.

In adopting these changes, the DDESB

has determined that the Standards, as

changed, are at least as protective as the

previous Standards.

Dated: November 20, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–30996 Filed 11–25–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 98–20]

36(b)(1) Arms Sales Notification

AGENCY: Defense Security Assistance

Agency, Department of Defense.

ACTION: Notice.

SUMMARY: The Department of Defense is

publishing the unclassified text of a

section 36(b)(1) arms sales notification.

This is published to fulfill the

requirements of section 155 of P.L. 104–

164 dated 21 July 1996.