[Federal Register: May 31, 2011 (Volume 76, Number 104)]
[Rules and Regulations]
[Page 31415]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my11-22]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-52; FAR Case 2009-039; Item IV; Docket 2010-0104, Sequence 1]
RIN 9000-AL62
Federal Acquisition Regulation; Buy American Exemption for
Commercial Information Technology--Construction Material
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an
interim rule amending the Federal Acquisition Regulation (FAR) to
implement section 615 of Division C, Title VI, of the Consolidated
Appropriations Act, 2010, to authorize exemption from the Buy American
Act for acquisition of information technology that is a commercial
item.
DATES: Effective Date: May 31, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, at (202) 219-0202 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-52, FAR
Case 2009-039.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 75 FR 60266 on September 29, 2010, to implement section 615
of the Division C, Title VI, of the Consolidated Appropriations Act,
2010 (Pub. L. 111-117). No comments were received by the close of the
public comment period on November 29, 2010.
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 is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. 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 rule simplifies the
treatment of construction material that is also a commercial
information technology item, which constitutes a small percentage of
the overall construction material in a project. This final rule does
not affect small business set-asides to the prime contractor or the
small business subcontracting goals. Construction contracts that exceed
$7,804,000 and are subject to trade agreements already exempt
designated country construction material from the Buy American Act.
IV. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these changes to the FAR do not impose additional information
collection requirements to the paperwork burden previously approved
under OMB Control Number 9000-0141, titled: Buy America Act--
Construction--FAR Sections Affected: Subpart 25.2; 52.225-9; and
52.225-11.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 25 and 52,
which was published in the Federal Register at 75 FR 60266 on September
29, 2010, is adopted as final without change.
[FR Doc. 2011-12854 Filed 5-27-11; 8:45 am]
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