Federal Acquisition Regulation: List of Domestically Nonavailable Articles, 28596-28598 [2020-09208]

Download as PDF 28596 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Proposed Rules requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance, rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.’’ 68. Specifically, in addition to issues raised by commenters, the NPRM seeks comment on alternatives to the proposed rule changes, i.e., the ‘‘necessary to achieve a practical design’’ standard, including, but not limited to, (1) making no changes to the DTS rules at this time or (2) changing the ‘‘minimal amount’’ standard without also adopting the proposed interference contour. In addition, the Commission considers the alternatives of (1) protecting existing LPTV and translator stations (including those that are small entities) by treating newly authorized spillover from DTS transmitters as secondary facilities (i.e., in contrast to the primary regulatory status afforded to DTS transmitters within the areas they are authorized to serve) with respect to interference potentially caused to such LPTV and translator services or (2) affording no protection to newly authorized spillover from DTS transmitters. The Commission’s evaluation of the comments filed on these topics as well as on other questions in the NPRM will shape the final conclusions it reaches and the actions it ultimately takes in this proceeding to minimize any significant economic impact that may occur on small entities. F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule 69. None. List of Subjects in 47 CFR Part 73 Television; Radio. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. Proposed Rule For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, and 339. 2. Amend § 73.626 by revising paragraphs (c), (f)(2) and (5) to read as follows: ■ § 73.626 DTV DISTRIBUTED TRANSMISSION SYSTEMS. * * * * * (c) Table of Distances. The following Table of Distances describes (by channel and zone) a station’s maximum service area that can be obtained in applying for a DTS authorization and the maximum interference area that can be created by its facilities. Service Area Channel 2–6 ............... 2–6 ............... 7–13 ............. 7–13 ............. 14–51 ........... Zone F(50,90) field strength (dBU) 1 2 and 3 1 2 and 3 1, 2, and 3 28 28 36 36 41 jbell on DSKJLSW7X2PROD with PROPOSALS * * * * * (f) * * * (2) Each DTS transmitter’s coverage is contained within either the DTV station’s Table of Distances area (pursuant to paragraph (c) of this section) or its authorized service area, except where such extension of coverage beyond the station’s authorized service area is necessary to achieve a practical design or to meet the requirements of paragraph (f)(1) of this section. In no event shall the F(50,10) interference contour of any DTS transmitter extend beyond that of its reference facility (described in paragraph (c)(2) of this section). The interference contour field strength is given in the Table of Distances (in paragraph (c) of this section) and is calculated using Figure 9a, 10a, or 10c of § 73.699 (F(50,10) charts); * * * * * (5) The ‘‘combined field strength’’ of all the DTS transmitters in a network does not cause interference to another station in excess of the criteria specified VerDate Sep<11>2014 17:19 May 12, 2020 Jkt 250001 Interference Area F(50,10) field strength (dBU) Distance from reference point 108 128 101 123 103 km km km km km (67 (80 (63 (77 (64 mi) mi) mi) mi) mi) .................................. .................................. .................................. .................................. .................................. in § 73.616, where the combined field strength level is determined by a ‘‘rootsum-square’’ calculation, in which the combined field strength level at a given location is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location as corrected for the receiving antenna directivity in the direction of each transmitter. [FR Doc. 2020–09625 Filed 5–12–20; 8:45 am] BILLING CODE 6712–01–P PO 00000 28 28 33 33 36 Distance from reference point 184 209 182 208 245 km km km km km (114 (130 (113 (129 (153 mi). mi). mi). mi). mi). DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 25 [FAR Case 2020–009; Docket No. FAR– 2020–0009; Sequence No. 1] RIN 9000–AO07 Federal Acquisition Regulation: List of Domestically Nonavailable Articles Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Advance notice of proposed rulemaking. AGENCY: DoD, GSA, and NASA are considering amending the Federal Acquisition Regulation (FAR) to update the list of domestically nonavailable SUMMARY: Frm 00076 Fmt 4702 Sfmt 4702 E:\FR\FM\13MYP1.SGM 13MYP1 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS articles under the Buy American statute. DoD, GSA, and NASA are seeking information that will assist in identifying domestic capabilities and for evaluating whether some articles on the list of domestically nonavailable articles are now mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. DATES: Interested parties should submit comments at the address shown below on or before July 13, 2020. ADDRESSES: Submit comments in response to FAR Case 2020–009 by to https://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2020– 009’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2020– 009.’’ Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘FAR Case 2020–009’’ on your attached document. If your comment cannot be submitted using https:// www.regulations.gov, call or email the points of contact in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Instructions: Please submit comments only and cite ‘‘FAR case 2020–009’’ 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. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting. FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement Analyst, at 202–969–7207 or zenaida.delgado@ gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202– 501–4755. Please cite FAR Case 2020– 009. SUPPLEMENTARY INFORMATION: I. Background A. The Buy American statute (41 U.S.C. chapter 83) generally requires that only domestically mined, produced, or manufactured articles be procured for public use in the United States. The Buy American statute provides an exception for articles not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. FAR 25.103(b)(1) provides a determination that articles listed at FAR VerDate Sep<11>2014 17:19 May 12, 2020 Jkt 250001 25.104(a) meet the conditions of this exception. 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. See FAR 25.103(b)(1)(i). The established list of articles identified in FAR 25.104(a) is a comprehensive and wide-ranging mix of natural resources, compounds, materials, and other items of supply. Although some articles on the list have no known domestic production sources (e.g., quartz crystals or vanilla beans), many of the articles are known to have some domestic production sources, but those sources have been determined in the past to be inadequate to meet U.S. demand. Examples of such articles range from goat and kidskins (negligible domestic production), to crude iodine (5 percent of U.S. Government and nongovernment demand), to bismuth (not in excess of 50 percent of U.S. Government and nongovernment demand). The list is reviewed every five years, as required by FAR 25.104(b). DoD, GSA, and NASA last published in the Federal Register a request for public comment on the list on March 24, 2015 (80 FR 15544). DoD, GSA, and NASA are seeking information to determine whether some articles should be removed from the list 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 be published in the Governmentwide point of entry (GPE) in an effort to increase the awareness of this request and to receive greater responses from interested parties on the nonavailable articles listing. B. The current domestically nonavailable listing at FAR 25.104 is as follows: Acetylene, black. Agar, bulk. Anise. Antimony, as metal or oxide. Asbestos, amosite, chrysotile, and crocidolite. Bamboo shoots. Bananas. Bauxite. Beef, corned, canned. PO 00000 Frm 00077 Fmt 4702 Sfmt 4702 28597 Beef extract. Bephenium hydroxynaphthoate. Bismuth. Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestic editions are not available. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Castor beans and castor oil. Chalk, English. Chestnuts. Chicle. Chrome ore or chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. Cocoa beans. Coconut and coconut meat, unsweetened, in shredded, desiccated, or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Copra. Cork, wood or bark and waste. Cover glass, microscope slide. Crane rail (85-pound per foot). Cryolite, natural. Dammar gum. Diamonds, industrial, stones and abrasives. Emetine, bulk. Ergot, crude. Erythrityl tetranitrate. Fair linen, altar. Fibers of the following types: abaca, abace, agave, coir, flax, jute, jute burlaps, palmyra, and sisal. Goat hair canvas. Goat and kidskins. Grapefruit sections, canned. Graphite, natural, crystalline, crucible grade. Hand file sets (Swiss pattern). Handsewing needles. Hemp yarn. Hog bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Kauri gum. Lac. Leather, sheepskin, hair type. Lavender oil. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a Government construction site as separate units for incorporation into building systems during construction or repair and alteration of real property). Modacrylic fiber. Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. Oiticica oil. Olive oil. Olives (green), pitted or unpitted, or stuffed, in bulk. Opium, crude. E:\FR\FM\13MYP1.SGM 13MYP1 28598 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS Oranges, mandarin, canned. Petroleum, crude oil, unfinished oils, and finished products. Pineapple, canned. Pine needle oil. Platinum and related group metals, refined, as sponge, powder, ingots, or cast bars. Pyrethrum flowers. Quartz crystals. Quebracho. Quinidine. Quinine. Rabbit fur felt. Radium salts, source and special nuclear materials. Rosettes. Rubber, crude and latex. Rutile. Santonin, crude. Secretin. Shellac. Silk, raw and unmanufactured. Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available. Spices and herbs, in bulk. Sugars, raw. Swords and scabbards. Talc, block, steatite. Tantalum. Tapioca flour and cassava. VerDate Sep<11>2014 17:19 May 12, 2020 Jkt 250001 Tartar, crude; tartaric acid and cream of tartar in bulk. Tea in bulk. Thread, metallic (gold). Thyme oil. Tin in bars, blocks, and pigs. Triprolidine hydrochloride. Tungsten. Vanilla beans. Venom, cobra. Water chestnuts. Wax, carnauba. Wire glass. Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and teak. Yarn, 50 Denier rayon. Yeast, active dry and instant active dry. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and PO 00000 Frm 00078 Fmt 4702 Sfmt 9990 equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule is not a significant regulatory action, and therefore, this proposed rule was not subject to the review of the Office of Information and Regulatory Affairs under section 6(b) of E.O. 12866. This proposed rule is not a major proposed rule under 5 U.S.C. 804. III. Executive Order 13771 This proposed rule is not subject to E.O. 13771, because this proposed rule is not a significant regulatory action under E.O. 12866. List of Subjects in 48 CFR Part 25 Government procurement. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2020–09208 Filed 5–12–20; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\13MYP1.SGM 13MYP1

Agencies

[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Proposed Rules]
[Pages 28596-28598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09208]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 25

[FAR Case 2020-009; Docket No. FAR-2020-0009; Sequence No. 1]
RIN 9000-AO07


Federal Acquisition Regulation: List of Domestically Nonavailable 
Articles

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

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: DoD, GSA, and NASA are considering amending the Federal 
Acquisition Regulation (FAR) to update the list of domestically 
nonavailable

[[Page 28597]]

articles under the Buy American statute. DoD, GSA, and NASA are seeking 
information that will assist in identifying domestic capabilities and 
for evaluating whether some articles on the list of domestically 
nonavailable articles are now mined, produced, or manufactured in the 
United States in sufficient and reasonably available commercial 
quantities and of a satisfactory quality.

DATES: Interested parties should submit comments at the address shown 
below on or before July 13, 2020.

ADDRESSES: Submit comments in response to FAR Case 2020-009 by to 
https://www.regulations.gov. Submit comments via the Federal eRulemaking 
portal by searching for ``FAR Case 2020-009''. Select the link 
``Comment Now'' that corresponds with ``FAR Case 2020-009.'' Follow the 
instructions provided on the screen. Please include your name, company 
name (if any), and ``FAR Case 2020-009'' on your attached document. If 
your comment cannot be submitted using https://www.regulations.gov, 
call or email the points of contact in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    Instructions: Please submit comments only and cite ``FAR case 2020-
009'' 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. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 or [email protected] for clarification 
of content. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat Division at 202-501-4755. 
Please cite FAR Case 2020-009.

SUPPLEMENTARY INFORMATION: 

I. Background

    A. The Buy American statute (41 U.S.C. chapter 83) generally 
requires that only domestically mined, produced, or manufactured 
articles be procured for public use in the United States. The Buy 
American statute provides an exception for articles not mined, 
produced, or manufactured in the United States in sufficient and 
reasonably available commercial quantities and of a satisfactory 
quality. FAR 25.103(b)(1) provides a determination that articles listed 
at FAR 25.104(a) meet the conditions of this exception. 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. See 
FAR 25.103(b)(1)(i).
    The established list of articles identified in FAR 25.104(a) is a 
comprehensive and wide-ranging mix of natural resources, compounds, 
materials, and other items of supply. Although some articles on the 
list have no known domestic production sources (e.g., quartz crystals 
or vanilla beans), many of the articles are known to have some domestic 
production sources, but those sources have been determined in the past 
to be inadequate to meet U.S. demand. Examples of such articles range 
from goat and kidskins (negligible domestic production), to crude 
iodine (5 percent of U.S. Government and nongovernment demand), to 
bismuth (not in excess of 50 percent of U.S. Government and 
nongovernment demand).
    The list is reviewed every five years, as required by FAR 
25.104(b). DoD, GSA, and NASA last published in the Federal Register a 
request for public comment on the list on March 24, 2015 (80 FR 15544).
    DoD, GSA, and NASA are seeking information to determine whether 
some articles should be removed from the list 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 be published in the Governmentwide 
point of entry (GPE) in an effort to increase the awareness of this 
request and to receive greater responses from interested parties on the 
nonavailable articles listing.
    B. The current domestically nonavailable listing at FAR 25.104 is 
as follows:

    Acetylene, black.
    Agar, bulk.
    Anise.
    Antimony, as metal or oxide.
    Asbestos, amosite, chrysotile, and crocidolite.
    Bamboo shoots.
    Bananas.
    Bauxite.
    Beef, corned, canned.
    Beef extract.
    Bephenium hydroxynaphthoate.
    Bismuth.
    Books, trade, text, technical, or scientific; newspapers; 
pamphlets; magazines; periodicals; printed briefs and films; not 
printed in the United States and for which domestic editions are not 
available.
    Brazil nuts, unroasted.
    Cadmium, ores and flue dust.
    Calcium cyanamide.
    Capers.
    Cashew nuts.
    Castor beans and castor oil.
    Chalk, English.
    Chestnuts.
    Chicle.
    Chrome ore or chromite.
    Cinchona bark.
    Cobalt, in cathodes, rondelles, or other primary ore and metal 
forms.
    Cocoa beans.
    Coconut and coconut meat, unsweetened, in shredded, desiccated, 
or similarly prepared form.
    Coffee, raw or green bean.
    Colchicine alkaloid, raw.
    Copra.
    Cork, wood or bark and waste.
    Cover glass, microscope slide.
    Crane rail (85-pound per foot).
    Cryolite, natural.
    Dammar gum.
    Diamonds, industrial, stones and abrasives.
    Emetine, bulk.
    Ergot, crude.
    Erythrityl tetranitrate.
    Fair linen, altar.
    Fibers of the following types: abaca, abace, agave, coir, flax, 
jute, jute burlaps, palmyra, and sisal.
    Goat hair canvas.
    Goat and kidskins.
    Grapefruit sections, canned.
    Graphite, natural, crystalline, crucible grade.
    Hand file sets (Swiss pattern).
    Handsewing needles.
    Hemp yarn.
    Hog bristles for brushes.
    Hyoscine, bulk.
    Ipecac, root.
    Iodine, crude.
    Kauri gum.
    Lac.
    Leather, sheepskin, hair type.
    Lavender oil.
    Manganese.
    Menthol, natural bulk.
    Mica.
    Microprocessor chips (brought onto a Government construction 
site as separate units for incorporation into building systems 
during construction or repair and alteration of real property).
    Modacrylic fiber.
    Nickel, primary, in ingots, pigs, shots, cathodes, or similar 
forms; nickel oxide and nickel salts.
    Nitroguanidine (also known as picrite).
    Nux vomica, crude.
    Oiticica oil.
    Olive oil.
    Olives (green), pitted or unpitted, or stuffed, in bulk.
    Opium, crude.

[[Page 28598]]

    Oranges, mandarin, canned.
    Petroleum, crude oil, unfinished oils, and finished products.
    Pineapple, canned.
    Pine needle oil.
    Platinum and related group metals, refined, as sponge, powder, 
ingots, or cast bars.
    Pyrethrum flowers.
    Quartz crystals.
    Quebracho.
    Quinidine.
    Quinine.
    Rabbit fur felt.
    Radium salts, source and special nuclear materials.
    Rosettes.
    Rubber, crude and latex.
    Rutile.
    Santonin, crude.
    Secretin.
    Shellac.
    Silk, raw and unmanufactured.
    Spare and replacement parts for equipment of foreign 
manufacture, and for which domestic parts are not available.
    Spices and herbs, in bulk.
    Sugars, raw.
    Swords and scabbards.
    Talc, block, steatite.
    Tantalum.
    Tapioca flour and cassava.
    Tartar, crude; tartaric acid and cream of tartar in bulk.
    Tea in bulk.
    Thread, metallic (gold).
    Thyme oil.
    Tin in bars, blocks, and pigs.
    Triprolidine hydrochloride.
    Tungsten.
    Vanilla beans.
    Venom, cobra.
    Water chestnuts.
    Wax, carnauba.
    Wire glass.
    Woods; logs, veneer, and lumber of the following species: 
Alaskan yellow cedar, angelique, balsa, ekki, greenheart, lignum 
vitae, mahogany, and teak.
    Yarn, 50 Denier rayon.
    Yeast, active dry and instant active dry.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This proposed rule is not a significant regulatory action, and 
therefore, this proposed rule was not subject to the review of the 
Office of Information and Regulatory Affairs under section 6(b) of E.O. 
12866. This proposed rule is not a major proposed rule under 5 U.S.C. 
804.

III. Executive Order 13771

    This proposed rule is not subject to E.O. 13771, because this 
proposed rule is not a significant regulatory action under E.O. 12866.

List of Subjects in 48 CFR Part 25

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2020-09208 Filed 5-12-20; 8:45 am]
BILLING CODE 6820-EP-P
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