6374 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. 

Section 19.1007(a)(2) of the Federal 

Acquisition Regulation requires 

inclusion of a statement on the face page 

of each contract awarded under the 

Small Business Competitiveness 

Demonstration Program, to identify the 

contract as an award under the Program. 

To accommodate the use of automated 

systems, this final rule specifies that, 

when it is not practical to mark the face 

page of an award document, alternative 

means may be used to identify a 

contract as an award under the Small 

Business Competitiveness 

Demonstration Program. 

DoD published a proposed rule at 69 

FR 35566 on June 25, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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.,

because the rule only changes an 

administrative requirement to 

accommodate the use of automated 

contracting systems. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the 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 Part 219 

Government procurement.

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System.

■ Therefore, 48 CFR Part 219 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 219 continues to read as follows:

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

Chapter 1.

PART 219—SMALL BUSINESS 

PROGRAMS

■ 2. Section 219.1007 is amended by 

adding paragraph (a)(2) to read as 

follows:

219.1007 Procedures. 

(a)(2) When it is not practical to mark 

the face page of an award document, 

alternative means may be used to 

identify the contract as an award under 

the Small Business Competitiveness 

Demonstration Program.

* * * * *

[FR Doc. 05–2172 Filed 2–4–05; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 225 

[DFARS Case 2004–D002] 

Defense Federal Acquisition 

Regulation Supplement; 

Polyacrylonitrile Carbon Fiber—

Restriction to Domestic Sources

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to extend the ending date for 

phasing out domestic source restrictions 

on the acquisition of polyacrylonitrile 

(PAN) carbon fiber. The ending date is 

extended from May 31, 2005, to May 31, 

2006.

EFFECTIVE DATE: February 7, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0328; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2004–D002.

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule extends the ending 

date for phasing out domestic source 

restrictions on the acquisition of PAN 

carbon fiber from May 31, 2005, to May 

31, 2006. The prescription for use of the 

clause at DFARS 252.225–7022, 

Restriction on Acquisition of 

Polyacrylonitrile (PAN) Carbon Fiber, is 

amended to require inclusion of the 

clause in solicitations and contracts for 

major systems issued on or before May 

31, 2006, if the system is not yet in 

development and demonstration. 

The aerospace industry requested the 

extension to provide U.S. companies 

sufficient time to maintain the 

industrial and technological capability 

to support a critical material used in 

advanced aerospace weapons programs. 

In addition, the extension is consistent 

with Section 832 of the National 

Defense Authorization Act for Fiscal 

Year 2005 (Pub. L. 108–375), which 

requires a delay in phase-out of the 

restriction until DoD performs an 

assessment of the PAN carbon fiber 

industry and submits the resulting 

report to Congress. 

DoD published a proposed rule at 69 

FR 35567 on June 25, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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.,

because there are no known domestic 

small business manufacturers of PAN 

carbon fiber. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the 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 Part 225 

Government procurement.

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System.

■ 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 225.7103–1 is amended by 

revising the second sentence to read as 

follows:

225.7103–1 Policy. 

* * * DoD is phasing out the 

restrictions over the period ending May 

31, 2006. * * *

■ 3. Section 225.7103–3 is revised to 

read as follows:

225.7103–3 Contract clause. 

Use the clause at 252.225–7022, 

Restriction on Acquisition of 

Polyacrylonitrile (PAN) Carbon Fiber, in 

solicitations and contracts for major 

systems issued on or before May 31, 

2006, if the system is not yet in 

engineering and manufacturing 

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6375

development (milestone B as defined in 

DoDI 5000.2).

[FR Doc. 05–2171 Filed 2–4–05; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 229 

[DFARS Case 2003–D031] 

Defense Federal Acquisition 

Regulation Supplement; Tax 

Procedures for Overseas Contracts

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to tax 

relief for acquisitions conducted in 

certain foreign countries. This rule is a 

result of a transformation initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS.

EFFECTIVE DATES: February 7, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. 

Euclides Barrera, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0296; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D031.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

rule revises DFARS Subpart 229.70 to 

remove procedures that DoD contracting 

officers use in obtaining tax relief and 

duty-free import privileges for 

acquisitions conducted in Spain and the 

United Kingdom. This text has been 

relocated to the new DFARS companion 

resource, Procedures, Guidance, and 

Information (PGI), available at http://

www.acq.osd.mil/dpap/dars/pgi.

DoD published a proposed rule at 69 

FR 46129 on August 2, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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.,

because the rule relocates DoD 

procedural information related to tax 

relief, with no substantive change in 

policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the 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 Part 229 

Government procurement.

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System.

■ Therefore, 48 CFR Part 229 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 229 continues to read as follows:

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

Chapter 1.

PART 229—TAXES

■ 2. Subpart 229.70 is revised to read as 

follows:

Subpart 229.70—Special Procedures 

for Overseas Contracts 

To obtain tax relief for overseas 

contracts, follow the procedures at PGI 

229.70.

[FR Doc. 05–2169 Filed 2–4–05; 8:45 am] 

BILLING CODE 5001–08–P