Federal Acquisition Regulation; FAR Case 2009-013, Nonavailable Articles, 39597-39598 [E9-18992]
Download as PDF
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Electric utilities,
Intergovernmental relations, Carbon
monoxide, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
dioxide.
40 CFR Part 96
Environmental protection, Air
pollution control, Electric utilities,
Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 29, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9–18999 Filed 8–6–09; 8:45 am]
pwalker on DSK8KYBLC1PROD with PROPOSALS
BILLING CODE 6560–50–P
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 25
[FAR Case 2009–013; Docket 2009–0026;
Sequence 1]
RIN 9000–AL40
Federal Acquisition Regulation; FAR
Case 2009–013, Nonavailable Articles
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
revise the list of nonavailable articles at
FAR 25.104(a). The Councils also
request public comment as to whether
some articles on the list of nonavailable
articles are now mined, produced, or
manufactured in the United States in
sufficient and reasonably available
commercial quantities and of a
satisfactory quality and should therefore
be removed from the list.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before October 6, 2009
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by FAR case 2009–013 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR case 2009–013’’ under
the heading ‘‘Comment or Submission’’.
Select the link ‘‘Send a Comment or
Submission’’ that corresponds with FAR
Case FAR case 2009–013. Follow the
instructions provided to complete the
‘‘Public Comment and Submission
Form’’. Please include your name,
company name (if any), and ‘‘FAR case
2009–013’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW., Room 4041,
ATTN: Hada Flowers, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAR case FAR case 2009–
013 in all correspondence related to this
case. All comments received will be
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
39597
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Procurement
Analyst, at (202) 208–6925 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAR case 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 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.
This applies to acquisition of an article
as—
(A) An end product; or
(B) A significant component (valued
at more than 50 percent of the value of
all the components).
The class determination for articles on
the list does not apply if the contracting
officer learns at any time before the time
designated for receipt of bids in sealed
bidding or final offers in negotiation
that an article on the list is available
domestically in sufficient and
reasonably available commercial
quantities of a satisfactory quality to
meet the requirements of the
solicitation.
The head of the contracting activity
may make an individual determination
that an article, material, or supply is not
mined, produced, or manufactured in
the United States in sufficient and
reasonably available commercial
quantities of a satisfactory quality. If the
contracting officer considers that the
nonavailability of an article is likely to
affect future acquisitions, the
contracting officer may submit a copy of
the determination and supporting
E:\FR\FM\07AUP1.SGM
07AUP1
39598
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
documentation to the appropriate
council identified in FAR 1.201–1, in
accordance with agency procedures, for
possible addition to the list in FAR
25.104.
1. Proposed Additions to List
Accordingly, the Defense Supply
Center Philadelphia (DSCP), a field
activity of the Defense Logistics Agency
(DLA), has requested addition of yeast
(active dry and instant active dry) and
canned pineapple. The results of DSCP
market research are summarized as
follows:
a. Active Dry Yeast and Instant Active
Dry Yeasts. Through contacts with
industry, reviews of customer
requirements and an analysis of market
availability, DSCP has determined that
there are no domestic sources for active
dry yeast and instant active dry yeast.
All production domestically of active
dry yeast and instant active dry yeast
has ceased with processing shifted to
production facilities in Mexico and
Canada. Active dry yeast and instant
active dry yeast are key ingredients in
the baking of fresh bread and yeastraised products. Contact was made with
DSCP’s customers, and all have stated
that there are no acceptable alternatives
to the active dry yeast and instant active
dry yeast, items that are fundamental in
the preparation of quick breads, white
breads, rolls, variety grain breads,
specialty breads, and yeast-raised
products such as donuts and sweet rolls.
b. Pineapple, Solid Pack, Canned.
There are no longer any domestic
sources for canned pineapple in its
various solid pack forms, including
rings, chunks, tidbits, and crushed. The
last domestic source closed its only
plant in June 2007. Domestic canned
pineapple has been supplanted by
cheaper, imported products. Canned
pineapple is used on the menus of the
U.S. Military Services and as an
ingredient in certain recipes. While it
has been used by the military
worldwide, it is especially important to
customers, such as Navy ships, that
need a longer shelf life item because
they have limited access to fresh fruits.
pwalker on DSK8KYBLC1PROD with PROPOSALS
2. Proposed Revision of List
A previous FAR Case, 2003–007,
added to the list at FAR 25.104(a) an
article titled ‘‘modacrylic fur ruff’’ (69
FR 34241, June 18, 2004). This addition
was based upon a domestic
nonavailability determination approved
by the Under Secretary of Defense
(Acquisition, Technology and Logistics)
dated December 11, 2002, for
modacrylic fiber. Therefore, this rule
proposes to correct the listing to read
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
‘‘modacrylic fiber’’ in lieu of
‘‘modacrylic fur ruff.’’
List of Subjects in 48 CFR Part 25
Government procurement.
3. Publication of List for Comment
Dated: July 22, 2009.
Al Matera,
Director, Office of Acquisition Policy.
In addition, FAR 25.104(b) requires
publication of the list of nonavailable
articles for public comment in the
Federal Register no less frequently than
once every five years. The list was last
published for comment on May 18, 2004
(69 FR 28104) (FAR Case 2004–024).
The Councils are seeking comment on
whether some articles on the list should
be removed because they are now
mined, produced, or manufactured in
the United States in sufficient and
reasonably available commercial
quantities and of a satisfactory quality.
Specific information with regard to
domestic production capacity in
relation to U.S. Government and
nongovernment demand and the quality
of domestically produced items would
be most helpful in determining whether
articles should remain on or be removed
from the list. A sources-sought notice
will also be published in FedBizOpps in
an effort to increase the awareness of
this request.
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 Councils do not expect this
proposed rule to 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 do not expect that there are
domestic small businesses that can
fulfill the Government’s requirements
for the proposed added items. An Initial
Regulatory Flexibility Analysis has,
therefore, not been performed. We invite
comments from small businesses and
other interested parties. The Councils
will consider comments from small
entities concerning the affected FAR
Part 25 in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 601, et seq. (FAR case 2009–013),
in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed 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.
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Therefore, DoD, GSA, and NASA
propose amending 48 CFR part 25 as set
forth below:
PART 25—FOREIGN ACQUISITION
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]
2. Amend section 25.104 by removing
from paragraph (a) ‘‘Modacrylic fur ruff’’
and adding ‘‘Modacrylic fiber’’ in its
place, and by adding, in alphabetical
order, ‘‘Pineapple, canned’’ and ‘‘Yeast,
active dry and instant active dry’’.
[FR Doc. E9–18992 Filed 8–6–09; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–R9–MB–2009–0003;
91200–1231–9BPP]
RIN 1018–AW46
Migratory Bird Hunting; Approval of
Tungsten-Iron-Fluoropolymer Shot
Alloys as Nontoxic for Hunting
Waterfowl and Coots; Availability of
Draft Environmental Assessment
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; availability of
draft environmental assessment.
SUMMARY: We, the U.S. Fish and
Wildlife Service propose to approve
tungsten-iron-fluoropolymer shot alloys
for hunting waterfowl and coots. We
published an advance notice of
proposed rulemaking for this group of
alloys in the Federal Register on March
3, 2009, under RIN 1018–AW46 (74 FR
9207). Having completed our review of
the application materials, we have
concluded that these alloys are very
unlikely to adversely affect fish,
wildlife, or their habitats.
DATES: Send comments on this proposal
and/or the associated Draft
Environmental Assessment by
September 8, 2009.
ADDRESSES: Draft Environmental
Assessment: You may obtain a copy of
the draft environmental assessment
E:\FR\FM\07AUP1.SGM
07AUP1
Agencies
[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Proposed Rules]
[Pages 39597-39598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18992]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 25
[FAR Case 2009-013; 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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to revise the list of nonavailable
articles at FAR 25.104(a). The Councils also request public comment as
to whether some articles on the list of nonavailable articles are now
mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities and of a satisfactory
quality and should therefore be removed from the list.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before October 6, 2009 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2009-013 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR case
2009-013'' under the heading ``Comment or Submission''. Select the link
``Send a Comment or Submission'' that corresponds with FAR Case FAR
case 2009-013. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``FAR case 2009-013'' on your attached
document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case FAR
case 2009-013 in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement
Analyst, at (202) 208-6925 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 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 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. This applies to
acquisition of an article as--
(A) An end product; or
(B) A significant component (valued at more than 50 percent of the
value of all the components).
The class determination for articles on the list does not apply if
the contracting officer learns at any time before the time designated
for receipt of bids in sealed bidding or final offers in negotiation
that an article on the list is available domestically in sufficient and
reasonably available commercial quantities of a satisfactory quality to
meet the requirements of the solicitation.
The head of the contracting activity may make an individual
determination that an article, material, or supply is not mined,
produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.
If the contracting officer considers that the nonavailability of an
article is likely to affect future acquisitions, the contracting
officer may submit a copy of the determination and supporting
[[Page 39598]]
documentation to the appropriate council identified in FAR 1.201-1, in
accordance with agency procedures, for possible addition to the list in
FAR 25.104.
1. Proposed Additions to List
Accordingly, the Defense Supply Center Philadelphia (DSCP), a field
activity of the Defense Logistics Agency (DLA), has requested addition
of yeast (active dry and instant active dry) and canned pineapple. The
results of DSCP market research are summarized as follows:
a. Active Dry Yeast and Instant Active Dry Yeasts. Through contacts
with industry, reviews of customer requirements and an analysis of
market availability, DSCP has determined that there are no domestic
sources for active dry yeast and instant active dry yeast. All
production domestically of active dry yeast and instant active dry
yeast has ceased with processing shifted to production facilities in
Mexico and Canada. Active dry yeast and instant active dry yeast are
key ingredients in the baking of fresh bread and yeast-raised products.
Contact was made with DSCP's customers, and all have stated that there
are no acceptable alternatives to the active dry yeast and instant
active dry yeast, items that are fundamental in the preparation of
quick breads, white breads, rolls, variety grain breads, specialty
breads, and yeast-raised products such as donuts and sweet rolls.
b. Pineapple, Solid Pack, Canned. There are no longer any domestic
sources for canned pineapple in its various solid pack forms, including
rings, chunks, tidbits, and crushed. The last domestic source closed
its only plant in June 2007. Domestic canned pineapple has been
supplanted by cheaper, imported products. Canned pineapple is used on
the menus of the U.S. Military Services and as an ingredient in certain
recipes. While it has been used by the military worldwide, it is
especially important to customers, such as Navy ships, that need a
longer shelf life item because they have limited access to fresh
fruits.
2. Proposed Revision of List
A previous FAR Case, 2003-007, added to the list at FAR 25.104(a)
an article titled ``modacrylic fur ruff'' (69 FR 34241, June 18, 2004).
This addition was based upon a domestic nonavailability determination
approved by the Under Secretary of Defense (Acquisition, Technology and
Logistics) dated December 11, 2002, for modacrylic fiber. Therefore,
this rule proposes to correct the listing to read ``modacrylic fiber''
in lieu of ``modacrylic fur ruff.''
3. Publication of List for Comment
In addition, FAR 25.104(b) requires publication of the list of
nonavailable articles for public comment in the Federal Register no
less frequently than once every five years. The list was last published
for comment on May 18, 2004 (69 FR 28104) (FAR Case 2004-024). The
Councils are seeking comment on whether some articles on the list
should be removed because they are now mined, produced, or manufactured
in the United States in sufficient and reasonably available commercial
quantities and of a satisfactory quality. Specific information with
regard to domestic production capacity in relation to U.S. Government
and nongovernment demand and the quality of domestically produced items
would be most helpful in determining whether articles should remain on
or be removed from the list. A sources-sought notice will also be
published in FedBizOpps in an effort to increase the awareness of this
request.
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 Councils do not expect this proposed rule to 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 do not expect that there are domestic small
businesses that can fulfill the Government's requirements for the
proposed added items. An Initial Regulatory Flexibility Analysis has,
therefore, not been performed. We invite comments from small businesses
and other interested parties. The Councils will consider comments from
small entities concerning the affected FAR Part 25 in accordance with 5
U.S.C. 610. Interested parties must submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAR case 2009-013), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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: July 22, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 25 as
set forth below:
PART 25--FOREIGN ACQUISITION
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]
2. Amend section 25.104 by removing from paragraph (a) ``Modacrylic
fur ruff'' and adding ``Modacrylic fiber'' in its place, and by adding,
in alphabetical order, ``Pineapple, canned'' and ``Yeast, active dry
and instant active dry''.
[FR Doc. E9-18992 Filed 8-6-09; 8:45 am]
BILLING CODE 6820-EP-P