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###### Department of Defense

          - 48 CFR Parts 225 and 252 
          - [DFARS Case 2005-D002] 

# AGENCY:

Department of Defense (DoD). 

# ACTION:

Proposed rule with request for comments. 

# SUMMARY:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the restriction on the acquisition of foreign carbon, alloy, or armor steel plate. The restriction implements provisions of annual DoD appropriations acts. 

# DATES:

Comments on the proposed rule should be submitted in writing to the address shown below on or before February 7, 2006, to be considered in the formation of the final rule. 

# ADDRESSES:

You may submit comments, identified by DFARS Case 2005-D002, using any of the following methods: 
      -  Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.                     
      -  Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/​dar/​dfars.nsf/​pubcomm . Follow the instructions for submitting comments.                     
      -  E-mail: dfars@osd.mil . Include DFARS Case 2005-D002 in the subject line of the message.                     
      -  Fax:                          (703) 602-0350.                     
      -  Mail:                          Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062.                     
      -  Hand Delivery/Courier:                          Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402.                     

                        All comments received will be posted to                         *http://emissary.acq.osd.mil/​dar/​dfars.nsf*.                     

# FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602-0328. 

# SUPPLEMENTARY INFORMATION:

## A. Background 

Section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. L. 102-172) and similar sections in subsequent DoD Appropriations Acts (the most recent being section 8029 of Pub. L. 108-287) contain a restriction on the acquisition of carbon, alloy, or armor steel plate, that is not melted and rolled in the United States or Canada, for use in any Government-owned facility or property under the control of DoD. This restriction is implemented in the DFARS at 225.7011-1 through 225.7011-3 and in the corresponding contract clause at 252.225-7030. The wording of these DFARS sections is presently inconsistent. To clarify the restriction, this proposed rule revises DFARS 225.7011-1 and 225.7011-3 for consistency with the wording in paragraph (b) of the clause at 252.225-7030. In addition, the proposed rule separates paragraph (b) of the clause into subparagraphs to further clarify the applicability of the restriction. 

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 does not expect this 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.*, because the proposed DFARS changes clarify existing policy regarding the statutory restriction on the acquisition of foreign carbon, alloy, or armor steel plate. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2005-D002.                 

## C. Paperwork Reduction Act 

                    The Paperwork Reduction Act does not apply because the rule does not                           ( print page 73190)                        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 Parts 225 and 252

      - Government procurement

Michele P. Peterson, 

Editor, Defense Acquisition Regulations System. 

Therefore, DoD proposes to amend 48 CFR parts 225 and 252 as follows:

1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows: 

Authority:41 U.S.C. 421 and 48 CFR Chapter 1. 

# PART 225—FOREIGN ACQUISITION 

2. Section 225.7011-1 is revised to read as follows: 

225.7011-1 

                            In accordance with section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. L. 102-172) and similar sections in subsequent DoD appropriations acts, do not acquire any of the following types of carbon, alloy, or armor steel plate as a raw material for use in a Government-owned facility or a facility under the control of (                            *e.g.*, leased by) DoD, unless it is melted and rolled in the United States or Canada:                         

(a) Carbon, alloy, or armor steel plate in Federal Supply Class 9515. 

(b) Carbon, alloy, or armor steel plate described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute. 

3. Section 225.7011-3 is revised to read as follows: 

225.7011-3 

Unless a waiver has been granted, use the clause at 252.225-7030, Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate, in solicitations and contracts that: 

(a) Require the delivery to the Government of carbon, alloy, or armor steel plate as a raw material that will be used in a Government-owned facility or a facility under the control of DoD; or 

(b) Require contractors operating in a Government-owned facility or a facility under the control of DoD to purchase carbon, alloy, or armor steel plate as a raw material. 

# PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 

4. Section 252.225-7030 is revised to read as follows: 

252.225-7030 

As prescribed in 225.7011-3, use the following clause:

#### Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate (XXX 2005) 

Carbon, alloy, and armor steel plate shall be melted and rolled in the United States or Canada if the carbon, alloy, or armor steel plate: 

(a) Is in Federal Supply Class 9515 or is described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute; and 

(b)(1) Will be delivered to the Government as a raw material for use in a Government-owned facility or a facility under the control of the Department of Defense; or 

(2) Will be purchased by the Contractor as a raw material for use in a Government-owned facility or a facility under the control of the Department of Defense. 

[FR Doc. 05-23723 Filed 12-8-05; 8:45 am] 

BILLING CODE 5001-08-P