# 62 FR 7432: Defense Federal Acquisition Regulation Supplement; Ball and Roller Bearings; Waiver > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-4042 ## Section - **Citation:** 62 FR 7432 - **Heading:** Defense Federal Acquisition Regulation Supplement; Ball and Roller Bearings; Waiver - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 62 / 62 FR 7432 ## Text DEPARTMENT OF DEFENSE 48 CFR Part 225 [DFARS Case 97-D300] Defense Federal Acquisition Regulation Supplement; Ball and Roller Bearings; Waiver AGENCY: Department of Defense (DoD). ACTION: Proposed rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Director of Defense Procurement is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement 10 U.S.C. 2534(d)(6), which provides that the Secretary of Defense may waive the domestic source restrictions of 10 U.S.C. 2534(a) for a procurement that is for an amount less than the simplified acquisition threshold, when simplified acquisition procedures are being used. DATE: Comments on the proposed rule should be submitted in writing to the address shown below on or before April 21, 1997, 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 97- D300 in all correspondence related to this issue. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0131. SUPPLEMENTARY INFORMATION: A. Background 10 U.S.C. 2534(a) limits the procurement of certain items to domestic sources; 10 U.S.C. 2534(g)(1) provides that this limitation does not apply to a contract or subcontract for an amount that does not exceed the simplified acquisition threshold. 10 U.S.C. 2534(d)(6) provides that the Secretary of Defense may waive the limitation in 10 U.S.C. 2534(a) for a procurement that is for an amount less than the simplified acquisition threshold, when simplified acquisition procedures are being used. This DFARS rule proposes to implement the waiver authority of 10 U.S.C. 2534(d)(6) with regard to the acquisition of ball and roller bearings, because 10 U.S.C (d)(6) provides that the Secretary of Defense may waive the limitation in 10 U.S.C. 2534(a) for a procurement that is for an amount less than the simplified acquisition threshold, when simplified acquisition procedures are being used. This DFARS rule proposes to implement the waiver authority of 10 U.S.C. 2534(d)(6) with regard to the acquisition of ball and roller bearings, because 10 U.S.C. 2534(g)(2), added by Section 806(d) of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104- 106), makes the broader exception at 10 U.S.C. 2534(g)(1) inapplicable to ball and roller bearings. 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. Therefore, an Initial Regulatory Flexibility Analysis has been prepared and is summarized as follows: The proposed rule is being considered by the agency to implement 10 U.S.C. 2534(d)(6) with regard to the acquisition of ball and roller bearings. 10 U.S.C. 2534(d)(6) provides that the Secretary of Defense may waive the domestic source restrictions of 10 U.S.C. 2534(a) for a procurement that is for an amount less than the simplified acquisition threshold, when simplified acquisition procedures are being used. Because of other statutory provisions that pertain to the acquisition of ball and roller bearings, the waiver authority in this proposed rule may be used only if (1) ball and roller bearings or bearing components are the end items being purchased, and (2) the ball and roller bearings or bearing components are commercial items, or no fiscal year 1996 or 1997 funds are being used. It is estimated that 11 small businesses could be affected by this rule. The rule imposes no new reporting, recordkeeping, or compliance requirements for contractors or offerors; and does not duplicate, overlap, or conflict with any other Federal rules chased, and (2) the ball and roller bearings or bearing components are commercial items, or no fiscal year 1996 or 1997 funds are being used. It is estimated that 11 small businesses could be affected by this rule. The rule imposes no new reporting, recordkeeping, or compliance requirements for contractors or offerors; and does not duplicate, overlap, or conflict with any other Federal rules. There are no practical alternatives that will fully implement the provisions of 10 U.S.C. 2534(d)(6). A copy of the Initial Regulatory Flexibility Analysis has been submitted to the Chief Counsel for Advocacy of the Small Business Administration. Interested parties may obtain a copy of the analysis from the address specified herein. Comments are invited from small businesses and other interested parties. Comments from small entities concerning the affected DFARS subpart also will be considered in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 97-D300 in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed rule contains no information collection requirements that require 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, Executive Editor, Defense Acquisition Regulations Council. 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 225.7019-3 is amended by redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(3) and (a)(4), respectively, and by adding a new paragraph (a)(2) to read as follows: 225.7019-3 Waiver. 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 225.7019-3 is amended by redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(3) and (a)(4), respectively, and by adding a new paragraph (a)(2) to read as follows: 225.7019-3 Waiver. (a) * * * (2) If the acquisition is for an amount less than the simplified acquisition threshold and simplified acquisition procedures are being used. * * * * * [FR Doc. 97-4042 Filed 2-18-97; 8:45 am] BILLING CODE 5000-04-M ## Nearby sections - [62 FR 55 Oranges and Grapefruit Grown in the Lower Rio Grande Valley in Texas; Reapportionment of Membership on the Texas Valley Citrus Committee](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-33328.md) - [62 FR 71 Recomputation of Life Insurance Reserves](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-32855.md) - [62 FR 84 Television Broadcasting Services; Pueblo, CO](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-33340.md) - [62 FR 348 Proposed Establishment of Class E Airspace; Stuart, VA](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-79.md) - [62 FR 373 Radio Broadcasting Services; Cloudcroft, New Mexico](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-40.md) - [62 FR 691 National Standards for Traffic Control Devices; Revision of the Manual on Uniform Traffic Control Devices; Markings, Signals, and Traffic Control Systems for Railroad-Highway Grade Crossings](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-33405.md) - [62 FR 695 Approval and Promulgation of Implementation Plans; Ohio](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-195.md) - [62 FR 949 Airworthiness Directives; Airbus Industrie Model A320 and A321 Series Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-252.md) - [62 FR 1064 Proposed amendment of Class E airspace, Jackson, Wyoming](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-313.md) - [62 FR 1065 Establishment of Class E Airspace; Gregory, SD, Gregory Municipal Airport](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-312.md) - [62 FR 1071 Proposed Establishment of Class E Airspace; Milton, FL](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-306.md) - [62 FR 1298 Airworthiness Directives; Pratt & Whitney JT8D Series Turbofan Engines](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-469.md) - [62 FR 1705 Atlantic Swordfish Fishery; Atlantic Shark Fishery; Public Hearings on Draft Amendment 1 to the Fishery Management Plan for Sharks of the Atlantic Ocean](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-698.md) - [62 FR 1705 Royalty Rate Reduction for Stripper Oil Properties](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-738.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-4042. 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