[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]
[Page 34282-34283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-24]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 25
[FAC 2005-42; FAR Case 2009-013; Item VIII; Docket 2009-0026; Sequence
1]
RIN 9000-AL40
Federal Acquisition Regulation; FAR Case 2009-013, Nonavailable
Articles
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are issuing a final rule
amending the Federal Acquisition Regulation (FAR) to revise the list of
articles determined to be domestically nonavailable.
DATES: Effective Date: July 16, 2010.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Cecelia L. Davis, Procurement Analyst, at (202) 219-0202. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-42, FAR
Case 2009-013.
SUPPLEMENTARY INFORMATION:
A. Background
The Buy American Act does not apply with respect to articles,
materials, or supplies if articles, materials, or supplies of the class
or kind to be acquired, either as end items or components, are not
mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities and of a satisfactory
quality.
A domestic nonavailability determination has been made for the
articles listed in FAR 25.104(a). As stated at FAR 25.103, this
determination does not necessarily mean that there is no domestic
source for the listed items, but that domestic sources can only meet 50
percent or less of total U.S. Government and nongovernment demand.
Before acquisition of an article on the list, the procuring agency is
responsible for conducting market research appropriate to the
circumstances, including seeking domestic sources.
[[Page 34283]]
The Councils published a proposed rule in the Federal Register at
74 FR 39597 on August 7, 2009. The Councils received no public
comments. Therefore, the Councils are adding ``Yeast, active dry and
instant active dry.'', and ``Pineapple, canned.'', to the list of
nonavailable articles at 25.104(a). The list is further corrected to
read ``Modacrylic fiber'' in lieu of ``Modacrylic fur ruff'', as
explained in the proposed rule.
In addition, as required by FAR 25.104(b), the entire list of
nonavailable articles was published for public comment. Because no
public comments were received, there will be no further changes to the
list at this time.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6 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 Councils have not
identified any domestic small businesses that can fulfill the
Government's requirements for the added items.
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.
chapter 35, et seq.
List of Subjects in 48 CFR part 25
Government procurement.
Dated: June 2, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 25 as set forth below:
PART 25--FOREIGN ACQUISITION
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1. The authority citation for 48 CFR part 25 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
25.104 [Amended]
0
2. Amend section 25.104 in paragraph (a) by removing the article
``Modacrylic fur ruff.'' and adding ``Modacrylic fiber.'' in its place;
and adding, in alphabetical order, the articles ``Pineapple, canned.''
and ``Yeast, active dry and instant active dry.''.
[FR Doc. 2010-14176 Filed 6-15-10; 8:45 am]
BILLING CODE 6820-EP-S