Federal Acquisition Regulation; FAR Case 2009-013, Nonavailable Articles, 34282-34283 [2010-14176]

Download as PDF 34282 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION B. Regulatory Flexibility Act NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 22, 25, and 52 [FAC 2005–42; FAR Case 2009–014; Item VII; Docket 2009—0027, Sequence 1] RIN 9000–AL34 Federal Acquisition Regulation; FAR Case 2009–014, New Designated Country—Taiwan AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to add Taiwan (known in the World Trade Organization as ‘‘the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei))’’ as a designated country, due to the accession of Taiwan to membership in the World Trade Organization Agreement on Government Procurement. DATES: Effective Date: June 16, 2010. FOR FURTHER INFORMATION CONTACT: Ms. Lori Sakalos, Procurement Analyst, at (202) 208–0498, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–42, FAR Case 2009–014. SUPPLEMENTARY INFORMATION: sroberts on DSKD5P82C1PROD with RULES SUMMARY: A. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 74 FR 40461 on August 11, 2009. On July 15, 2009, Taiwan became a designated country based on its accession to the World Trade Organization Agreement on Government Procurement. The interim rule added Taiwan to the list of World Trade Organization Government Procurement Agreement countries in FAR sections 22.1503, 25.003, 52.222–19, 52.225–5, 52.225–11, and 52.225–23. No comments were received as a result of the interim rule. This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 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, although this rule opens up Government procurement to the goods and services of Taiwan, the Councils do not anticipate any significant economic impact on U.S. small businesses. The Department of Defense only applies the trade agreements to the non-defense items listed at DFARS 225.401–70, and acquisitions that are set aside for small businesses are exempt. 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. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; because the final rule affects the certification and information collection requirement in the provision at FAR 52.225–11 currently approved under OMB Control Number 9000–0141, Buy American Act—Construction. The impact, however, is negligible. 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: List of Subjects in 48 CFR Parts 22, 25, and 52 Government procurement. Dated: June 2, 2010. Edward Loeb, Acting Director, Acquisition Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52, which was published in the Federal Register at 74 FR 40461 on August 11, 2009, is adopted as a final rule without change. ■ [FR Doc. 2010–14173 Filed 6–15–10; 8:45 am] BILLING CODE 6820–EP–S PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 Effective Date: July 16, 2010. 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: FOR FURTHER INFORMATION CONTACT: 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. E:\FR\FM\16JNR3.SGM 16JNR3 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 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. List of Subjects in 48 CFR part 25 Government procurement. Dated: June 2, 2010. Edward Loeb, Acting Director, Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 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: sroberts on DSKD5P82C1PROD with RULES ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). [Amended] 2. Amend section 25.104 in paragraph (a) by removing the article ‘‘Modacrylic ■ VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 [FR Doc. 2010–14176 Filed 6–15–10; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 30 and 52 [FAC 2005–42; FAR Case 2009–025; Item IX; Docket 2010–0087, Sequence 1] RIN 9000–AL58 Federal Acquisition Regulation; FAR Case 2009–025, Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. 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. 25.104 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.’’. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to align the FAR with the revised Cost Accounting Standards (CAS) Board clause, Disclosure and Consistency of Cost Accounting Practices-Foreign Concerns. DATES: Effective Date: June 16, 2010. Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before August 16, 2010 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–42, FAR Case 2009–025, by any of the following methods: * Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2009–025’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2009–025’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2009–025’’ on your attached document. PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 34283 * Fax: 202–501–4067. * Mail: General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–42, FAR Case 2009–025, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement Analyst, at (202) 501–3221 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–42, FAR Case 2009–025. SUPPLEMENTARY INFORMATION: A. Background On March 26, 2008, the CAS Board published a final rule in the Federal Register at 73 FR 15939 to utilize the clause, Disclosure and Consistency of Cost Accounting Practices–Foreign Concerns, in CAS–covered contracts and subcontracts awarded to foreign concerns. In order to maintain consistency between CAS and FAR in matters relating to the administration of CAS, the Councils are amending the FAR as follows: 1. FAR 30.201–4(c)(1) and (2), the prescription for use of FAR clause 52.230–4 is revised to reflect the amendments promulgated by the CAS Board on March 26, 2008. 2. FAR 30.201–4(d) is revised to include use of FAR clause 52.230–6, Administration of Cost Accounting Standards, in all contracts containing FAR clause 52.230–4 which is necessary based upon changes promulgated by the CAS Board on March 26, 2008. 3. FAR clause 52.230–4 is replaced in its entirety and re–titled ‘‘Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns’’ to reflect the amendments promulgated by the CAS Board on March 26, 2008. 4. FAR clause 52.230–6, Administration of Cost Accounting Standards, is revised to include reference to FAR clause 52.230–4 based on changes promulgated by the CAS Board on March 26, 2008. 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. E:\FR\FM\16JNR3.SGM 16JNR3

Agencies

[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 34282-34283]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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]

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