[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Rules and Regulations]
[Page 34241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn04-30]
[[Page 34241]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 25
[FAC 2001-24; FAR Case 2003-007; Item VII]
RIN 9000-AJ72
Federal Acquisition Regulation; Buy American Act--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) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to add certain food
and textile items to the list of articles not available from domestic
sources in sufficient and reasonably available commercial quantities of
a satisfactory quality.
DATES: Effective Date: July 19, 2004.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Cecelia Davis, Procurement
Analyst, at (202) 219-0202. Please cite FAC 2001-24, FAR case 2003-007.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 68 FR 54296, September 16, 2003. The proposed rule amended
FAR 25.104(a), adding certain food and textile items to the list of
articles not available from domestic sources in sufficient and
reasonably available commercial quantities of a satisfactory quality.
The Councils received two responses to the proposed rule. One
respondent opposed the rule because she does not think that the
``American public'' needs or wants these items. She believes that if we
do not produce these items in the United States, then we should do
without them. The Councils nonconcur with this comment. The Defense
Logistics Agency has provided support for the need for these items and
demonstrated non-availability. The Buy American Act does not require
that we ``do without'' items that are domestically nonavailable.
The second respondent fully supported the proposed rule. In
addition, they provided a list of additional food items that are
nonavailable in the United States. Evaluation of this additional list
is outside the scope of this case.
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 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 items being added
to the list are not available from domestic sources.
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.
3501, et seq.
List of Subjects in 48 CFR Part 25
Government procurement.
Dated: June 10, 2004.
Ralph J. De Stefano,
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 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 25.104 in paragraph (a) by adding, in alphabetical
order, the articles ``Bamboo shoots,'' ``Goat hair canvas,''
``Grapefruit sections, canned,'' ``Modacrylic fur ruff,'' and ``Water
chestnuts,'' to read as follows:
25.104 Nonavailable articles.
(a) * * *
* * * * *
Bamboo shoots
* * * * *
Goat hair canvas
Grapefruit sections, canned
* * * * *
Modacrylic fur ruff.
* * * * *
Water chestnuts.
* * * * *
[FR Doc. 04-13624 Filed 6-17-04; 8:45 am]