[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 34282-34283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14176]


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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

0
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]

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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