7432 Federal Register / Vol. 62, No. 33 / Wednesday, February 19, 1997 / Proposed Rules

number of stations in three years to

cover 30 percent of the population or

land area, and in five years to cover 50

percent of the population or land area

(see 47 CFR 95.833).

2. Maritime Communications

Corporation, an IVDS licensee in the

Dallas, TX MSA, recently filed a request

for waiver of the rule requiring IVDS

licensees to use type accepted

equipment or alternatively, a waiver of

the three year construction requirement

for its IVDS system. Bay Interactive

Ventures Ltd., and IVDS licensee in the

Los Angeles, CA MSA, also filed a

request for waiver of the three year

construction requirement for its IVDS

system. Both licensees cite the

pendency of a petition for rule making,

RM–8951, the lack of commercially

available equipment and the lack of

service applications they could deploy

over their systems as reasons that we

should waive the three year

construction benchmark.

3. Interested parties may file

comments concerning these waiver

requests on or before February 25, 1997.

Reply comments are due on or before

March 3, 1997. Comments and reply

comments should be sent or delivered

to: Office of the Secretary, Federal

Communications Commission, 1919 M

Street, N.W., Room 222, Washington,

D.C. 20554, Att’n Private Wireless

Division, Wireless Telecommunications

Bureau. A copy should also be sent or

delivered to: Private Wireless Division,

Wireless Telecommunications Bureau,

Room 8010, Stop Code 2000–F, Federal

Communications Commission, 2025 M

Street, N.W., Washington, D.C. 20554.

Finally, a copy should be sent or

delivered to the Commission’s

duplicating contractor: International

Transcription Services, Inc. (ITS), 2100

M Street, N.W., Suite 140, Washington,

D.C. 20037 (telephone number (202)

857–3800). Copies of the filings may be

obtained from ITS.

4. A copy is also available for public

inspection during regular business

hours in the Private Wireless Division,

Wireless Telecommunications Bureau,

Room 8010, 2025 M Street, N.W.,

Washington, D.C. 20554.

List of Subjects in 47 CFR 95

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–4029 Filed 2–18–97; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

48 CFR Part 225

[DFARS Case 97–D300]

Defense Federal Acquisition

Regulation Supplement; Ball and

Roller Bearings; Waiver

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 implement 10

U.S.C. 2534(d)(6), which provides that

the Secretary of Defense may waive the

domestic source restrictions of 10 U.S.C.

2534(a) for a procurement that is for an

amount less than the simplified

acquisition threshold, when simplified

acquisition procedures are being used.

DATE: Comments on the proposed rule

should be submitted in writing to the

address shown below on or before April

21, 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 97–D300

in all correspondence related to this

issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

10 U.S.C. 2534(a) limits the

procurement of certain items to

domestic sources; 10 U.S.C. 2534(g)(1)

provides that this limitation does not

apply to a contract or subcontract for an

amount that does not exceed the

simplified acquisition threshold.

10 U.S.C. 2534(d)(6) provides that the

Secretary of Defense may waive the

limitation in 10 U.S.C. 2534(a) for a

procurement that is for an amount less

than the simplified acquisition

threshold, when simplified acquisition

procedures are being used.

This DFARS rule proposes to

implement the waiver authority of 10

U.S.C. 2534(d)(6) with regard to the

acquisition of ball and roller bearings,

because 10 U.S.C. 2534(g)(2), added by

Section 806(d) of the National Defense

Authorization Act for Fiscal Year 1996

(Pub. L. 104–106), makes the broader

exception at 10 U.S.C. 2534(g)(1)

inapplicable to ball and roller bearings.

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.

Therefore, an Initial Regulatory

Flexibility Analysis has been prepared

and is summarized as follows:

The proposed rule is being considered

by the agency to implement 10 U.S.C.

2534(d)(6) with regard to the acquisition

of ball and roller bearings. 10 U.S.C.

2534(d)(6) provides that the Secretary of

Defense may waive the domestic source

restrictions of 10 U.S.C. 2534(a) for a

procurement that is for an amount less

than the simplified acquisition

threshold, when simplified acquisition

procedures are being used. Because of

other statutory provisions that pertain to

the acquisition of ball and roller

bearings, the waiver authority in this

proposed rule may be used only if (1)

ball and roller bearings or bearing

components are the end items being

purchased, and (2) the ball and roller

bearings or bearing components are

commercial items, or no fiscal year 1996

or 1997 funds are being used. It is

estimated that 11 small businesses

could be affected by this rule. The rule

imposes no new reporting,

recordkeeping, or compliance

requirements for contractors or offerors;

and does not duplicate, overlap, or

conflict with any other Federal rules.

There are no practical alternatives that

will fully implement the provisions of

10 U.S.C. 2534(d)(6).

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 subpart

also will be considered in accordance

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

should be submitted separately and

should cite DFARS Case 97–D300 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed rule

contains no information collection

requirements that require approval of

the Office of Management and Budget

under 44 U.S.C. 3501, et seq.
Federal Register / Vol. 62, No. 33 / Wednesday, February 19, 1997 / Proposed Rules 7433

List of Subjects in 48 CFR Part 225

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 225 is

amended as follows:

1. The authority citation for 48 CFR

Part 225 continues to read as follows:

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

Chapter 1.

PART 225—FOREIGN ACQUISITION

2. Section 225.7019–3 is amended by

redesignating paragraphs (a)(2) and

(a)(3) as paragraphs (a)(3) and (a)(4),

respectively, and by adding a new

paragraph (a)(2) to read as follows:

225.7019–3 Waiver.

(a) * * *

(2) If the acquisition is for an amount

less than the simplified acquisition

threshold and simplified acquisition

procedures are being used.

* * * * *

[FR Doc. 97–4042 Filed 2–18–97; 8:45 am]

BILLING CODE 5000–04–M