[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Rules and Regulations]               
[Page 34241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 34241]]





48 CFR Part 25

[FAC 2001-24; FAR Case 2003-007; Item VII]
RIN 9000-AJ72

Federal Acquisition Regulation; Buy American Act--Nonavailable 

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to add certain food 
and textile items to the list of articles not available from domestic 
sources in sufficient and reasonably available commercial quantities of 
a satisfactory quality.

DATES: Effective Date: July 19, 2004.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Cecelia Davis, Procurement 
Analyst, at (202) 219-0202. Please cite FAC 2001-24, FAR case 2003-007.


A. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 68 FR 54296, September 16, 2003. The proposed rule amended 
FAR 25.104(a), adding certain food and textile items to the list of 
articles not available from domestic sources in sufficient and 
reasonably available commercial quantities of a satisfactory quality.
    The Councils received two responses to the proposed rule. One 
respondent opposed the rule because she does not think that the 
``American public'' needs or wants these items. She believes that if we 
do not produce these items in the United States, then we should do 
without them. The Councils nonconcur with this comment. The Defense 
Logistics Agency has provided support for the need for these items and 
demonstrated non-availability. The Buy American Act does not require 
that we ``do without'' items that are domestically nonavailable.
    The second respondent fully supported the proposed rule. In 
addition, they provided a list of additional food items that are 
nonavailable in the United States. Evaluation of this additional list 
is outside the scope of this case.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify 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 items being added 
to the list are not available from domestic sources.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose 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 25

    Government procurement.

    Dated: June 10, 2004.
Ralph J. De Stefano,
Acting Director, Acquisition Policy Division.

Therefore, DoD, GSA, and NASA amend 48 CFR part 25 as set forth below:


1. The authority citation for 48 CFR part 25 is revised to read as 

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

2. Amend section 25.104 in paragraph (a) by adding, in alphabetical 
order, the articles ``Bamboo shoots,'' ``Goat hair canvas,'' 
``Grapefruit sections, canned,'' ``Modacrylic fur ruff,'' and ``Water 
chestnuts,'' to read as follows:

25.104  Nonavailable articles.

    (a) * * *
* * * * *
Bamboo shoots
* * * * *
Goat hair canvas
Grapefruit sections, canned
* * * * *
Modacrylic fur ruff.
* * * * *
Water chestnuts.
* * * * *
[FR Doc. 04-13624 Filed 6-17-04; 8:45 am]