Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Proposed Rules 67115

specifications. In such cases, the

offeror’s lack of knowledge of the

standards may hinder its ability to know

the basis upon which the offer will be

evaluated.

The public’s views are sought

regarding what types of acquisitions, if

any, might warrant the release of

evaluation standards as part of the

solicitation. The public’s views are also

sought on whether there are

circumstances in which proposals

should be evaluated against one another

as opposed to a set of standards.

11. Unsolicited proposals: The

public’s views are sought on whether

the FAR provisions addressing the

handling of unsolicited proposals

discourage industry from investing

independent research and development

funds in unique and innovative ideas

and, therefore, should be modified.

Linda W. Neilson,

Deputy Director, Defense Acquisition

Regulations Council.

[FR Doc. 95–31335 Filed 12–27–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Parts 225 and 252

Defense Federal Acquisition

Regulation Supplement; Foreign

Product Restrictions

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comment.

SUMMARY: The Director of Defense

Procurement is proposing to amend the

Defense Federal Acquisition Regulation

Supplement (DFARS) to rescind most of

the non-statutory foreign product

restrictions in subpart 225.71.

DATES: Comment Date: Comments on

the proposed rule should be submitted

in writing to the address below on or

before February 26, 1996, 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, D.C. 20301–

3062. Telefax number (703) 602–0350.

Please cite DFARS Case 95–D033 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule amends language

in the Defense Federal Acquisition

Regulation Supplement (DFARS) to

rescind most of the non-statutory

foreign product restrictions in Subpart

225.71, except for the restrictions on

several forging items, which are still

under review.

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.,

because the proposed rule will affect the

preference for domestic manufacturers

of miniature and instrument ball

bearings, precision components for

certain mechanical time devices, high

purity silicon, high carbon ferrochrome,

and certain foreign items. It is estimated

that approximately 135 contractors,

some of which are small businesses,

will now be subject to foreign

competition. An Initial Regulatory

Flexibility Analysis has been prepared

and may be obtained from the address

stated herein. Comments are invited

from small businesses and other

interested parties. Comments from small

entities concerning the affected DFARS

subparts will be considered in

accordance with Section 610 of the Act.

Such comments must be submitted

separately and cite DFARS Case 95–

D033 in correspondence.

C. Paperwork Reduction Act

Because many items are no longer

restricted, the proposed rule will result

in a reduction of the paperwork burden

associated with DFARS clause 252.225–

7025, Foreign Source Restrictions (OMB

Control No. 0704–0229), which requires

that contractors maintain records

showing compliance with the

restrictions until three years after final

payment and make records available

upon request of the Contracting Officer.

The rule does not impose any additional

information collection requirements

which 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,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 225 and 252

are proposed to be amended as follows:

PART 225—FOREIGN ACQUISITION

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.

2. Section 225.7102 is revised to read

as follows:

225.7102 Forgings policy.

DoD requirements for the following

forging items, whether as end items or

components, shall be acquired from U.S.

or Canadian sources to the maximum

extent practicable—

Items Categories

Ship propulsion shafts Excludes service and

landing craft

shafts.

Periscope tubes ......... All.

Ring forgings for bull

gears.

All greater than 120

inches in diameter.

3. Section 225.7103 is revised to read

as follows:

225.7103 Forgings exceptions.

The policy in 225.7102 does not apply

to acquisitions—

(a) When using simplified acquisition

procedures, unless the restricted item is

the end item being purchased:

(b) Overseas for overseas use; or

(c) When the quantity acquired

exceeds the amount needed to maintain

the U.S. defense mobilization base

(provided such quantity is an

economical purchase quantity). The

restriction to domestic sources does not

apply to the quantity above that

required to maintain the base, in which

case, qualifying country sources may

compete.

4. Section 225.7104 is revised to read

as follows:

225.7104 Forgings waivers.

Upon request from a prime contractor,

the contracting officer may waive the

requirement for domestic manufacture

of the items covered by the policy in

225.7102.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

5. Section 252.225–7105, is revised to

read as follows:

252.225–7025 Foreign Source

Restrictions.

As prescribed in 225.7105, use the

following clause:

Foreign Source Restrictions (XXX XXXX)

(a) Definitions. As used in this clause—

(1) ‘‘Domestic manufacture’’ means

manufactured in the United States or Canada

if the Canadian firm—

(i) Normally produces similar items or is

currently producing the item in support of

DoD contracts (as prime or subcontractor);

and

(ii) Agrees to become (upon receiving a

contract/order) a planned producer under
67116 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Proposed Rules

DoD’s Industrial Preparedness Program, if it

is not already a planned producer for the

item.

(2) ‘‘Forging items’’ means—

Items Categories

Ship propulsion shafts Excludes service and

landing craft

shafts.

Periscope tubes ......... All.

Ring forgings for bull

gears.

All greater than 120

inches in diameter.

(b) The Contractor agrees that end items

and their components delivered under this

contract shall contain forging items that are

of domestic manufacture only.

(c) The restrictions in paragraph (b) of this

clause may be waived upon request from the

Contractor in accordance with section

225.7104 of the Defense FAR Supplement.

(d) The Contractor agrees to retain records

showing compliance with this restriction

until three years after final payment and to

make records available upon request of the

Contracting Officer.

(e) The Contractor agrees to insert this

clause, including this paragraph (e), in

subcontracts and purchase orders issued in

performance of this contract, when products

purchased contain restricted forging items.

(End of clause)

[FR Doc. 95–31336 Filed 12–27–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 651

[I.D. 121995A]

New England Fishery Management

Council; Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day public meeting to consider

actions affecting New England fisheries

in the exclusive economic zone.

DATES: The meeting will begin on

Wednesday, January 10, 1996, at 10 a.m.

and on Thursday, January 11, 1995, at

8:30 a.m.

ADDRESSES: The meeting will be held at

the Tara’s Ferncroft Conference Resort

and Hotel, 50 Ferncroft Road, Danvers,

MA; telephone: (508) 277–2500.

Requests for special accommodations

should be addressed to the New

England Fishery Management Council, 5

Broadway, Saugus, MA 01906–1097;

telephone: (617) 231–0422.

FOR FURTHER INFORMATION CONTACT:

Douglas G. Marshall, Executive Director,

(617) 231–0422.

SUPPLEMENTARY INFORMATION: The

January 10–11 meeting is being

convened specifically to address the

remaining groundfish issues that relate

to finalizing draft Amendment 7 to the

Northeast Multispecies (Groundfish)

Fishery Management Plan. The intent of

this amendment is to implement

measures to rebuild severely overfished

stocks, with particular emphasis on cod,

haddock, and yellowtail flounder. If

time allows, the Council may consider

other relevant business.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Douglas G. Marshall (see ADDRESSES) at

least 5 days prior to the meeting date.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 21, 1995.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 95–31361 Filed 12–27–95; 8:45 am]

BILLING CODE 3510–22–F