```

[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32843-32844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13368]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 225

RIN 0750-AH22

Defense Federal Acquisition Regulation Supplement; Fire-Resistant 
Fiber for Production of Military Uniforms (DFARS Case 2011-D021)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing an interim rule to implement section 821 of the 
National Defense Authorization Act for Fiscal Year 2011. Section 821 
prohibits specification of the use of fire-resistant rayon fiber in 
solicitations issued before January 1, 2015.

DATES: Effective date: June 6, 2011.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before August 5, 2011.

ADDRESSES: Submit comments identified by DFARS Case 2011-D021, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``DFARS Case 2011-D021'' under the heading ``Enter keyword or ID'' and 
selecting ``Search.'' Select the link ``Submit a Comment'' that 
corresponds with ``DFARS Case 2011-D021.'' Follow the instructions 
provided at the ``Submit a Comment'' screen. Please include your name, 
company name (if any), and ``DFARS Case 2011-D021'' on your attached 
document.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2011-D021 in the 
subject line of the message.
    [cir] Fax: 703-602-0350.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Amy G. 
Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to 
verify posting (except allow 30 days for posting of comments submitted 
by mail).

SUPPLEMENTARY INFORMATION:

I. Background

    This interim rule amends DFARS subpart 225.70 to implement section 
821 of the National Defense Authorization Act for Fiscal Year 2011 
(Pub. L. 111-383). Section 821 prohibits specification of the use of 
fire-resistant rayon fiber in solicitations issued before January 1, 
2015.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD does not expect this interim rule to 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.

[[Page 32844]]

However, an initial regulatory flexibility analysis has been prepared 
and is summarized as follows:
    The objectives of this interim rule are to prohibit specification 
of the use of fire-resistant rayon fiber in solicitations issued before 
January 1, 2015, as required by the statute. This will provide 
opportunity for offerors to propose alternative solutions to meet DoD 
requirements.
    The legal basis for this interim rule is section 821 of the 
National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-
383).
    The two major sources of fire-resistant fiber used in DoD products 
either come from DuPont (product called Nomex) or The Lenzing Group, 
Austria (product called Fire-Resistant Rayon). In order to manufacture 
a fire-resistant uniform currently being sourced by the services, three 
products are blended together to meet desired cost, availability, and 
performance criteria:
     Nylon;
     Para-aramid (Kevlar by DuPont or Twaron by Teijin (the 
Netherlands)); and
     Either Nomex (DuPont) or Fire-Resistant Rayon (Lenzing).
    DuPont is a domestic large business and the other players are 
foreign. Therefore, this rule will have minimal impact on U.S. small 
businesses.
    This rule does not impose any reporting or recordkeeping 
requirements.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    There are no significant alternatives to accomplish the stated 
objectives of this rule. The rule specifically implements the statutory 
requirement.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2011-D021) in 
correspondence.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

VI. 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 an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements section 821 of the National Defense 
Authorization Act for Fiscal Year 2011. This requirement became 
effective upon enactment on January 7, 2011. This action is necessary 
in order to enable contracting officers to comply with this new 
requirement. Comments received in response to this interim rule will be 
considered in the formation of the final rule.

List of Subjects in 48 CFR Part 225

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 225 is amended as follows:

PART 225--FOREIGN ACQUISITION

0
1. The authority citation for 48 CFR part 225 continues to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. In subpart 225.70, add section 225.7016 to read as follows:

225.7016  Prohibition.

    In accordance with section 821 of the National Defense 
Authorization Act for Fiscal Year 2011, do not include in any 
solicitation issued before January 1, 2015, a requirement that 
proposals submitted pursuant to such solicitation shall include the use 
of fire-resistant rayon fiber.

[FR Doc. 2011-13368 Filed 6-3-11; 8:45 am]
BILLING CODE 5001-08-P
```