Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19531

(1) The name of the carrier;

(2) A detailed description of the

revisions;

(3) The amount of the revisions;

(4) The impact of the revisions on the

carrier’s calculated common line and

traffic sensitive revenue requirements;

and

(5) The carrier’s total annual common

line and traffic sensitive revenue

requirement.

[FR Doc. 95–9575 Filed 4–18–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 94–66; RM–8469]

Radio Broadcasting Services; Tyler,

Fairfield and Commerce, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Gleiser Communications, Inc.,

substitutes Channel 221C3 for Channel

221A at Tyler, Texas, and modifies the

license of Station KDOK(FM) to specify

operation on the higher powered

channel. To accommodate the upgrade

at Tyler, the Commission also

substitutes Channel 256A for Channel

221A at Fairfield, Texas, and Channel

277A for Channel 221A at Commerce,

Texas; and modifies the licenses of

Station KNES(FM) and KEMM(FM),

respectively, to reflect the change in

channels. See 59 FR 3589, July 14, 1994,

and Supplemental Information, infra.

With this action, this proceeding is

terminated.

EFFECTIVE DATE: May 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Pamela Blumenthal, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–66,

adopted April 6, 1995, and released

April 14, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, D.C.

20037.

The following channels can be

allotted to the noted communities in

compliance with the Commission’s

minimum distance separation

requirements. Channel 221C3 can be

allotted to Tyler with a site restriction

of 1.6 kilometers (1.0 miles) west to

accommodate Gleiser’s desired site. The

coordinates for Channel 221C3 at Tyler

are 32–20–42 and 95–19–08. Channels

256A and Channel 277A can be allotted

to Fairfield and Commerce, respectively,

at the transmitter sites specified in

Stations KNES(FM) and KEMM(FM)’s

licenses. The coordinates for Channel

256A at Fairfield, Texas, are 31–41–52

and 96–09–44. The coordinates for

Channel 277A at Commerce, Texas, are

33–11–40 and 96–01–20.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303. 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

removing Channel 221A and adding

Channel 221C3 at Tyler; by removing

221A and adding Channel 256A at

Fairfield; and by removing Channel

221A and adding Channel 277A at

Commerce.

Federal Communications Commission.

John A Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9628 Filed 4–18–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

Defense Federal Acquisition

Regulation Supplement; Restriction on

Procurement of Goods

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comment.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to revise the existing foreign

source restrictions for machine tools

and valves, buses, chemical weapons

antidote, air circuit breakers, and

antifriction bearings, by uniformly

permitting acquisition of Canadian

items, expanding and standardizing the

waiver criteria, and exempting

acquisitions below the simplified

acquisition threshold from these

restrictions.

DATES: Effective date: April 10, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing to the address below on or

before June 19, 1995, 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 94–D314

in all correspondence related to this

issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim DFARS rule implements

10 U.S.C. 2534 as amended by Section

814 of the Fiscal Year 1995 Defense

Authorization Act (Pub. L. 103–337) and

Section 4102(i) of the Federal

Acquisition Streamlining Act of 1994

(Pub. L. 103–355). Section 814 revises

the existing foreign source restrictions

for machine tools and valves, buses,

chemical weapons, antidote, air circuit

breakers, and antifriction bearings, by

uniformly permitting acquisition of

Canadian items, and by expanding and

standardizing the waiver criteria.

Section 4102(i) exempts acquisitions

below the simplified acquisition

threshold from these restrictions.

B. Regulatory Flexibility Act

The interim 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 rule expands the conditions

under which non-U.S. products may be

acquired. An Initial Regulatory

Flexibility Analysis (IFRA) has been

prepared and may be obtained from the

address specified herein. A copy of the

IRFA has been submitted to the Chief

Counsel for Advocacy of the Small

Business Administration. Comments are

invited from small businesses and other

interested parties. Comments from small

entities concerning the affected subparts

will be considered in accordance with

Section 610 of the Act. Such comments

must be submitted separately and cite

DFARS Case 94–D314 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any additional information

collection requirements which require

the approval of the Office of
19532 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

Management and Budget under 44

U.S.C. 3501, et seq.

D. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule without prior opportunity for

public comment because it is necessary

to implement statutory changes to 10

U.S.C. 2534. However, comments

received in response to this interim rule

will be considered in formulating the

final rule.

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 amended 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. Sections 225.7004, 225.7004–1,

225.7004–2, 225.7004–3, 225.7004–4,

and 225.7004–5 are revised, and

225.7004–6 is added to read as follows:

225.7004 Restriction on machine tools and

powered and non-powered valves.

225.7004–1 Restriction.

In accordance with 10 U.S.C. 2534,

through fiscal year 1996, do not acquire,

either directly as end items or indirectly

on behalf of the Government, the

machine tools or powered and nonpowered valves in 225.7004–2 unless

they are of U.S. or Canadian origin.

225.7004–2 Applicability.

(a) Machine tools restricted under this

section are those tools listed in Federal

supply classes of metalworking

machinery in the following categories—

Federal

Supply

Classification (FSC)

Name

3405 ....... Saw and filing machines.

3408 ....... Machine centers and way type

machines.

3410 ....... Electrical and ultrasonic erosion

machines.

3411 ....... Boring machines.

3412 ....... Broaching machines.

3413 ....... Drilling and tapping machines.

3414 ....... Gear cutting and finishing machines.

3415 ....... Grinding machines.

Federal

Supply

Classification (FSC)

Name

3416 ....... Lathes.

3417 ....... Milling machines.

3418 ....... Planers and shapers.

3419 ....... Miscellaneous machine tools.

3426 ....... Metal finishing equipment.

3433 ....... Gas welding, heat cutting, and

metalizing equipment.

3438 ....... Miscellaneous welding equipment.

3441 ....... Bending and forming machines.

3442 ....... Hydraulic and pneumatic presses, power driven.

3443 ....... Mechanical presses, power driven.

3445 ....... Punching and shearing machines.

3446 ....... Forging machinery, and hammers.

3448 ....... Riveting machines.

3449 ....... Miscellaneous secondary metal

forming and cutting machines.

3460 ....... Machine tool accessories.

3461 ....... Accessories for secondary metalworking machinery.

(b) Machine tool accessories classified

under FSC 3460 or 3461 are not

components under 225.7004–5. Where a

solicitation for machine tools includes

machine tool accessories, list machine

tool accessories separately. Each

machine tool and each accessory must

meet the requirements of this section

individually.

(c) Valves restricted under this section

are those powered and non-powered

valves listed in Federal supply classes

4810 (valves, powered) and 4820

(valves, non-powered) used in piping

for naval surface ships and submarines.

225.7004–3 Exception.

This restriction does not apply if the

acquisition is below the simplified

acquisition threshold.

225.7004–4 Waiver.

(a) The head of the contracting

activity may waive the restriction on a

case-by-case basis upon execution of a

determination and findings that any of

the following applies:

(1) The restriction would cause

unreasonable delays.

(2) United States producers of the

item would not be jeopardized by

competition from a foreign country, and

that country does not discriminate

against defense items produced in the

United States to a greater degree than

the United States discriminates against

defense items produced in that country.

(3) Application of the restriction

would impede cooperative programs

entered into between DoD and a foreign

country, and that country does not

discriminate against defense items

produced in the United States to a

greater degree than the United States

discriminates against defense items

produced in that country.

(4) Satisfactory quality items

manufactured in the United States or

Canada are not available.

(5) Application of the restriction

would result in the existence of only

one source for the item in the United

States or Canada.

(6) Application of the restriction is

not in the national security interests of

the United States.

(7) Application of the restriction

would adversely affect a U.S. company.

(b) The restriction is waived when it

would cause unreasonable costs. The

cost of a machine tool or valve of U.S.

or Canadian origin is unreasonable if it

exceeds 150 percent of the offered price,

inclusive of duty, of items which are not

of U.S. or Canadian origin.

225.7004–5 U.S. or Canadian origin.

(a) A valve or machine tool shall be

considered to be of U.S. or Canadian

origin if—

(1) It is manufactured in the United

States or Canada; and

(2) The cost of its components

manufactured in the U.S. or Canada

exceeds 50 percent of the cost of all its

components.

(b) The cost of components shall

include transportation costs to the place

of incorporation into the end product

and duty (whether or not a duty-free

certificate may be issued).

225.7004–6 Contract clauses.

(a) Unless an exception applies or a

waiver has been granted, use the clause

at 252.225–7017, Preference for United

States and Canadian Valves and

Machine Tools, in all solicitations and

contracts for valves and machine tools.

(b) Consider using the clause at

252.225–7001, Buy American Act and

Balance of Payments Program, and, if

applicable, the clause at 252.225–7007,

Trade Agreements Act, whenever an

exception or waiver is anticipated.

Where these clauses are used, state in

the solicitation that offers which do not

conform to the restrictions of the more

restrictive clause will only be

considered if an exception applies or a

waiver is granted.

3. Section 225.7007 is revised to read

as follows:

225.7007 Restriction on acquisition of

foreign buses.

4. Sections 225.7007–1, 225.7007–2,

225.7007–3, and 225.7007–4 are added

to read as follows:
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19533

225.7007–1 Restriction.

In accordance with 10 U.S.C. 2534, do

not acquire a multipassenger motor

vehicle (bus) unless it is manufactured

in the United States or Canada.

225.7007–2 Applicability.

Apply this restriction if the buses are

purchased, leased, rented, or made

available under contracts for

transportation services.

225.7007–3 Exceptions.

This restriction does not apply in any

of the following circumstances:

(a) Buses manufactured outside the

United States and Canada are needed for

temporary use because buses

manufactured in the United States or

Canada are not available to satisfy

requirements that cannot be postponed.

Such use may not, however, exceed the

lead time required for acquisition and

delivery of buses manufactured in the

United States or Canada.

(b) The requirement for buses is

temporary in nature. For example, to

meet a special, nonrecurring

requirement or a sporadic and

infrequent recurring requirement, buses

manufactured outside the United States

and Canada may be used for temporary

periods of time. Such use may not,

however, exceed the period of time

needed to meet the special requirement.

(c) Buses manufactured outside the

United States and Canada are available

at no cost to the U.S. Government.

(d) The acquisition is below the

simplified acquisition threshold.

225.7007–4 Waiver.

(a) The head of the contracting

activity may waive the restriction on a

case-by-case basis upon execution of a

determination and findings that any of

the following applies:

(1) The restriction would cause

unreasonable delays.

(2) United States producers of the

item would not be jeopardized by

competition from a foreign country, and

that country does not discriminate

against defense items produced in the

United States to a greater degree than

the United States discriminates against

defense items produced in that country.

(3) Application of the restriction

would impede cooperative programs

entered into between DoD and a foreign

country, and that country does not

discriminate against defense items

produced in the United States to a

greater degree that the United States

discriminates against defense items

produced in that country.

(4) Satisfactory quality items

manufactured in the United States or

Canada are not available.

(5) Application of the restriction

would result in the existence of only

one source for the item in the United

States or Canada.

(6) Application of the restriction is

not in the national security interests of

the United States.

(7) Application of the restriction

would adversely affect a U.S. company.

(b) The restriction is waived when it

would cause unreasonable costs. The

cost of a bus manufactured in the

United States or Canada is unreasonable

if it exceeds 150 percent of the offered

price, inclusive of duty, of items which

are not manufactured in the United

States or Canada.

5. Section 225.7010 is revised to read

as follows:

225.7010 Restriction on certain chemical

weapons antidote.

6. Sections 225.7010–1, 225.7010–2,

and 225.7010–3 are added to read as

follows:

225.7010–1 Restriction.

In accordance with 10 U.S.C. 2534, do

not acquire chemical weapons antidote

contained in automatic injectors, or the

components for such injectors, unless

the injector or component is

manufactured in the United States or

Canada by a company that—

(a) Is a producer under the Industrial

Preparedness Program at the time of

contract award;

(b) Has received all required

regulatory approvals; and

(c) Has the plant, equipment, and

personnel to perform the contract in the

United States or Canada at the time of

contract award.

225.7010–2 Exception.

This restriction does not apply if the

acquisition is below the simplified

acquisition threshold.

225.7010–3. Waiver.

(a) The head of the contracting

activity may waive the restriction on a

case-by-case basis upon execution of a

determination and findings that any of

the following applies:

(1) The restriction would cause

unreasonable delays.

(2) United States producers of the

item would not be jeopardized by

competition from a foreign country, and

that country does not discriminate

against defense items produced in the

United States to a greater degree than

the United States discriminates against

defense items produced in that country.

(3) Application of the restriction

would impede cooperative programs

entered into between DoD and a foreign

country, and that country does not

discriminate against defense items

produced in the United States to a

greater degree than the United States

discriminates against defense items

produced in that country.

(4) Satisfactory quality items

manufactured in the United States or

Canada are not available.

(5) Application of the restriction

would result in the existence of only

one source for the item in the United

States or Canada.

(6) Application of the restriction is

not in the national security interests of

the United States.

(7) Application of the restriction

would adversely affect a U.S. company.

(b) The restriction is waived when it

would cause unreasonable costs. The

cost of the injector or component

manufactured in the United States or

Canada is unreasonable if it exceeds 150

percent of the offered price, inclusive of

duty, of items which are not

manufactured in the United States or

Canada.

7. Sections 225.7016–1, 225.7016–2,

and 225.7016–3 are revised to read as

follows:

225.7016–1 Restriction.

In accordance with 10 U.S.C. 2534, do

not acquire air circuit breakers for naval

vessels unless they are manufactured in

the United States or Canada.

225.7016–2 Exceptions.

This restriction does not apply if—

(a) The acquisition is below the

simplified acquisition threshold; or

(b) Spares and repair parts are needed

to support air circuit breakers

manufactured outside the United States

or Canada. Support includes the

purchase of spare air circuit breakers

where those from alternate sources are

not interchangeable.

225.7016–3 Waiver.

(a) The head of the contracting

activity may waive the restriction on a

case-by-case basis upon execution of a

determination and findings that any of

the following applies:

(1) The restriction would cause

unreasonable delays.

(2) United States producers of the

item would not be jeopardized by

competition from a foreign country, and

that country does not discriminate

against defense items produced in the

Untied States to a greater degree than

the United States discriminates against

defense items produced in that country.

(3) Application of the restriction

would impede cooperative programs

entered into between DoD and a foreign

country, and that country does not

discriminate against defense items

produced in the United States to a
19534 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

greater degree than the United States

discriminates against defense items

produced in that country.

(4) Satisfactory quality items

manufactured in the United States or

Canada are not available.

(5) Application of the restriction

would result in the existence of only

one source for the item in the United

States or Canada.

(6) Application of the restriction is

not in the national security interest of

the United States.

(7) Application of the restriction

would adversely affect a U.S. company.

(b) The restriction is waived when it

would cause unreasonable costs. The

cost of the air circuit breaker

manufactured in the United States or

Canada is unreasonable if it exceeds 150

percent of the offered price, inclusive of

duty, of items which are not

manufactured in the United States or

Canada.

8. Section 225.7016–4 is removed and

section 225.7016–5 is redesignated as

section 225.7016–4 and revised to read

as follows:

225.7016–4 Contract clause.

Use the clause at 252.225–7029,

Preference for United States or Canadian

Air Circuit Breakers, in all solicitations

and contracts requiring air circuit

breakers for naval vessels, unless—

(a) An exception under 225.7016–2 is

known to apply; or

(b) A waiver has been granted in

accordance with 225.7016–3.

9. Sections 225.7019–1, 225.7019–2,

225.7019–3, and 225.7019–4 are revised

to read as follows:

225.7019–1 Restriction.

In accordance with 10 U.S.C. 2534,

through fiscal year 1995, do not acquire

antifriction bearings or bearing

components which are not

manufactured in the United States or

Canada.

225.7019–2 Exceptions.

The restriction in 225.7019–1 does

not apply to—

(a) Acquisitions below the simplified

acquisition threshold;

(b) Purchases of commercial products

incorporating antifriction bearings;

(c) Miniature and instrument ball

bearings restricted under 225.71;

(d) Items acquired overseas for use

overseas; or

(e) Antifriction bearings or bearing

components or items containing

bearings for use in a cooperative or coproduction project under an

international agreement.

225.7019–3 Waiver.

The head of the contracting activity

may waive the restriction in 225.7019–

1—

(a) Upon execution of a determination

and findings that—

(1) No domestic (U.S. or Canadian)

bearing manufacturer meets the

requirement;

(2) It is not in the best interests of the

United States to qualify a domestic

bearing to replace a qualified

nondomestic bearing. This

determination must be based on a

finding that the qualification of a

domestically manufactured bearing

would cause unreasonable costs or

delay. A finding that a cost is

unreasonable should take into

consideration DoD policy to assist the

domestic industrial mobilization base.

Contracts should be awarded to

domestic bearing manufacturers to

increase their capability to reinvest and

become more competitive;

(3) United States producers of the

item would not be jeopardized by

competition from a foreign country, and

that country does not discriminate

against defense items produced in the

United States to a greater degree than

the United States discriminates against

defense items produced in that country;

(4) Application of the restriction

would impede cooperative programs

entered into between DoD and a foreign

country, and that country does not

discriminate against defense items

produced in the United States to a

greater a degree than the United States

discriminates against defense items

produced in that country;

(5) Application of the restriction

would result in the existence of only

one source for the item in the United

States or Canada;

(6) Application of the restriction is

not in the national security interests of

the United States; or

(7) Application of the restriction

would adversely affect a U.S. company.

(b) For multiyear contracts or

contracts exceeding 12 months, only

if—

(1) The head of the contracting

activity executes a determination and

findings in accordance with paragraph

(a) of this subsection;

(2) The contractor submits a written

plan for transitioning from the use of

nondomestic to domestically

manufactured bearings;

(3) The plan—

(i) States whether a domestically

manufactured bearing can be qualified,

at a reasonable cost, for use during the

course of the contract period;

(ii) Identifies any bearings that are not

domestically manufactured, their

application, and source of supply; and

(iii) Describes, including cost and

timetable, the transition to a

domestically manufactured bearing.

(The timetable for the transition should

normally take no longer than 24 months

from the date the waiver is granted); and

(4) The contracting officer accepts the

plan and incorporates it in the contract.

225.7019–4 Contract clause.

Use the clause at 252.225–7016,

Restriction on Acquisition of

Antifriction Bearings, in all solicitations

and contracts, unless—

(a) An exception applies or a waiver

has been granted; or

(b) The contracting officer knows that

the items being acquired do not contain

antifriction bearings.

Subpart 252.2—Texts of Provisions

and Clauses

10. Section 252.225–7017 is amended

by revising in the introductory text the

reference ‘‘225.7004–5(a)’’ to read

‘‘225.7004–6(a);’’ by revising the clause

date to read ‘‘(APR 1995)’’ in lieu of

‘‘(APR 1992);’’ and by revising

paragraph (c) to read as follows:

252.225–7017 Preference for United States

and Canadian valves and machine tools.

* * * * *

(c) Unless an exception applies or a waiver

is granted under 225.7004–4(a) of the Defense

Federal Acquisition Regulation Supplement,

preference will be given to valves and

machine tools of United States or Canadian

origin by adding 50 percent to the offered

price of all other valves and machine tools

for evaluation purposes.

(End of clause)

11. Section 252.225–7029 is revised to

read as follows:

252.225–7029 Preference for United States

or Canadian air circuit breakers.

As prescribed in 225.7016–4, use the

following clause:

Preference for United States or Canadian Air

Circuit Breakers (Apr 1995)

(a) Unless otherwise specified in its offer,

the Contractor agrees that air circuit breakers

for naval vessels provided under this contract

shall be manufactured in the United States or

Canada.

(b) Unless an exception applies or a waiver

is granted under 225.7016–3(a) of the Defense

Federal Acquisition Regulation Supplement,

preference will be given to air circuit

breakers manufactured in the United States

or Canada by adding 50 percent to the offered

price of all other air circuit breakers for

evaluation purposes.

(End of clause)

[FR Doc. 95–9496 Filed 4–18–95; 8:45 am]

BILLING CODE 5000–04–M