80 FR 15544 - Federal Acquisition Regulation; List of Domestically Nonavailable Articles

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 56 (March 24, 2015)

Page Range		15544-15545
FR Document		2015-06735

DoD, GSA, and NASA are considering amending the Federal Acquisition Regulation (FAR) to update the list of domestically nonavailable articles under the Buy American Act. 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.

Federal Register, Volume 80 Issue 56 (Tuesday, March 24, 2015)

[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Proposed Rules]
[Pages 15544-15545]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06735]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 25

[FAR Case 2015-001; Docket No. 2015-0001; Sequence No. 1]
RIN 9000-AM88


Federal Acquisition Regulation; List of Domestically Nonavailable 
Articles

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

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: DoD, GSA, and NASA are considering amending the Federal 
Acquisition Regulation (FAR) to update the list of domestically 
nonavailable articles under the Buy American Act. 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 written comments to the 
Regulatory Secretariat at one of the addressees shown below on or 
before May 26, 2015 to be considered in the formulation of a proposed 
rule.

ADDRESSES: Submit comments in response to FAR Case 2015-001 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-001''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-001''. Follow the instructions provided at the ``Comment 
Now'' screen. Please include your name, company name (if any), and 
``FAR Case 2015-001'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite FAR Case 2015-
001 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: 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 FAR Case 2015-001.

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.
    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., 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 August 7, 2009 (74 FR 39597).
    The Councils 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 FedBizOpps 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 follow:
     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 hydroxynapthoate.

[[Page 15545]]

     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 and kidskins.
     Goat hair canvas.
     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.
     Kaurigum.
     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.
     Oranges, mandarin, canned.
     Petroleum, crude oil, unfinished oils, and finished 
products.
     Pine needle oil.
     Pineapple, canned.
     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.

B. Executive Order 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.

List of Subject in 48 CFR Part 25

    Government procurement.

    Dated: March 19, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-06735 Filed 3-23-15; 8:45 am]
 BILLING CODE 6820-EP-P

15544 Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Proposed Rules

TABLE TO § 165.171—Continued
• Sponsor: Christopher Lizzaraque
• Date: A one day event in September
• Time (Approximate): 9:00 am to 3 pm
• Location: Essex Beggs Point Park, Essex, NY, to Charlotte Beach,
Charlotte, VT.
44°18′32″ N, 073°20′52″ W.
44°20′03″ N, 073°16′53″ W.
* Date subject to change. Exact date will be posted in Notice of Enforcement and Local Notice to Mariners.

Dated: January 29, 2015. via the Federal eRulemaking portal by materials, and other items of supply.
B. S. Gilda, searching for ‘‘FAR Case 2015–001’’. Although some articles on the list have
Captain, U.S. Coast Guard, Captain of the Select the link ‘‘Comment Now’’ that no known domestic production sources
Port, Sector Northern New England. corresponds with ‘‘FAR Case 2015– (e.g., vanilla beans), many of the articles
[FR Doc. 2015–06609 Filed 3–23–15; 8:45 am] 001’’. Follow the instructions provided are known to have some domestic
BILLING CODE 9110–04–P at the ‘‘Comment Now’’ screen. Please production sources, but those sources
include your name, company name (if have been determined in the past to be
any), and ‘‘FAR Case 2015–001’’ on your inadequate to meet U.S. demand.
DEPARTMENT OF DEFENSE attached document. Examples of such articles range from
• Fax: 202–501–4067. goat and kidskins (negligible domestic
GENERAL SERVICES • Mail: General Services production), to crude iodine (5 percent
ADMINISTRATION Administration, Regulatory Secretariat of U.S. Government and nongovernment
(MVCB), ATTN: Ms. Flowers, 1800 F demand), to bismuth (not in excess of 50
NATIONAL AERONAUTICS AND Street NW., 2nd Floor, Washington, DC percent of U.S. Government and
SPACE ADMINISTRATION 20405–0001. nongovernment demand).
Instructions: Please submit comments The list is reviewed every five years,
48 CFR Part 25 only and cite FAR Case 2015–001 in all as required by FAR 25.104(b). DoD,
correspondence related to this case. All GSA, and NASA last published in the
[FAR Case 2015–001; Docket No. 2015–
0001; Sequence No. 1]
comments received will be posted Federal Register a request for public
without change to http:// comment on the list on August 7, 2009
RIN 9000–AM88 www.regulations.gov, including any (74 FR 39597).
personal and/or business confidential The Councils are seeking information
Federal Acquisition Regulation; List of information provided. to determine whether some articles
Domestically Nonavailable Articles
FOR FURTHER INFORMATION CONTACT: Ms. should be removed from the list because
AGENCIES: Department of Defense (DoD), Cecelia L. Davis, Procurement Analyst, they are now mined, produced, or
General Services Administration (GSA), at 202–219–0202, for clarification of manufactured in the United States in
and National Aeronautics and Space content. For information pertaining to sufficient and reasonably available
Administration (NASA). status or publication schedules, contact commercial quantities and of a
ACTION: Advance notice of proposed the Regulatory Secretariat at 202–501– satisfactory quality. Specific
rulemaking. 4755. Please cite FAR Case 2015–001. information with regard to domestic
SUPPLEMENTARY INFORMATION: production capacity in relation to U.S.
SUMMARY: DoD, GSA, and NASA are Government and nongovernment
considering amending the Federal I. Background demand and the quality of domestically
Acquisition Regulation (FAR) to update A. The Buy American statute (41 produced items would be most helpful
the list of domestically nonavailable U.S.C. chapter 83) generally requires in determining whether articles should
articles under the Buy American Act. that only domestically mined, remain on or be removed from the list.
DoD, GSA, and NASA are seeking produced, or manufactured articles be A sources-sought notice will be
information that will assist in procured for public use in the United published in FedBizOpps in an effort to
identifying domestic capabilities and for States. The Buy American statute increase the awareness of this request
evaluating whether some articles on the provides an exception for articles not and to receive greater responses from
list of domestically nonavailable articles mined, produced, or manufactured in interested parties on the nonavailable
are now mined, produced, or the United States in sufficient and articles listing.
manufactured in the United States in reasonably available commercial B. The current domestically
sufficient and reasonably available quantities and of a satisfactory quality. nonavailable listing at FAR 25.104 is as
commercial quantities and of a FAR 25.103(b)(1) provides a follow:
satisfactory quality. determination that articles listed at FAR • Acetylene, black.
DATES: Interested parties should submit 25.104(a) meet the conditions of this • Agar, bulk.
written comments to the Regulatory exception. This determination does not • Anise.
Secretariat at one of the addressees necessarily mean that there is no • Antimony, as metal or oxide.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS

shown below on or before May 26, 2015 domestic source for the listed items, but • Asbestos, amosite, chrysotile, and
to be considered in the formulation of that domestic sources can only meet 50 crocidolite.
a proposed rule. percent or less of total U.S. Government • Bamboo shoots.
ADDRESSES: Submit comments in and nongovernment demand. • Bananas.
response to FAR Case 2015–001 by any The established list of articles • Bauxite.
of the following methods: identified in FAR 25.104(a) is a • Beef, corned, canned.
• Regulations.gov: http:// comprehensive and wide-ranging mix of • Beef extract.
www.regulations.gov. Submit comments natural resources, compounds, • Bephenium hydroxynapthoate.

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Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Proposed Rules 15545

• Bismuth. • Nitroguanidine (also known as (including potential economic,
• Books, trade, text, technical, or picrite). environmental, public health and safety
scientific; newspapers; pamphlets; • Nux vomica, crude. effects, distributive impacts, and
magazines; periodicals; printed briefs • Oiticica oil. equity). E.O. 13563 emphasizes the
and films; not printed in the United • Olive oil. importance of quantifying both costs
States and for which domestic editions • Olives (green), pitted or unpitted, or and benefits, of reducing costs, of
are not available. stuffed, in bulk. harmonizing rules, and of promoting
• Brazil nuts, unroasted. • Opium, crude. flexibility. This is not a significant
• Cadmium, ores and flue dust. • Oranges, mandarin, canned. regulatory action and, therefore, was not
• Calcium cyanamide. • Petroleum, crude oil, unfinished subject to review under Section 6(b) of
• Capers. oils, and finished products. E.O. 12866, Regulatory Planning and
• Cashew nuts. • Pine needle oil. Review, dated September 30, 1993. This
• Castor beans and castor oil. • Pineapple, canned. rule is not a major rule under 5 U.S.C.
• Chalk, English. • Platinum and related group metals, 804.
• Chestnuts. refined, as sponge, powder, ingots, or
• Chicle. cast bars. List of Subject in 48 CFR Part 25
• Chrome ore or chromite. • Pyrethrum flowers. Government procurement.
• Cinchona bark. • Quartz crystals. Dated: March 19, 2015.
• Cobalt, in cathodes, rondelles, or • Quebracho.
William Clark,
other primary ore and metal forms. • Quinidine.
• Cocoa beans. • Quinine. Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
• Coconut and coconut meat, • Rabbit fur felt.
Policy, Office of Government-wide Policy.
unsweetened, in shredded, desiccated, • Radium salts, source and special
[FR Doc. 2015–06735 Filed 3–23–15; 8:45 am]
or similarly prepared form. nuclear materials.
• Coffee, raw or green bean. • Rosettes. BILLING CODE 6820–EP–P

• Colchicine alkaloid, raw. • Rubber, crude and latex.
• Copra. • Rutile.
• Cork, wood or bark and waste. • Santonin, crude. DEPARTMENT OF THE INTERIOR
• Cover glass, microscope slide. • Secretin.
• Crane rail (85-pound per foot). • Shellac. Fish and Wildlife Service
• Cryolite, natural. • Silk, raw and unmanufactured.
• Dammar gum. • Spare and replacement parts for 50 CFR Part 17
• Diamonds, industrial, stones and equipment of foreign manufacture, and [Docket No. FWS–R1–ES–2012–0097:
abrasives. for which domestic parts are not FXES11130900000C2–156–FF09E32000]
• Emetine, bulk. available.
RIN 1018–AZ74
• Ergot, crude. • Spices and herbs, in bulk.
• Erythrityl tetranitrate. • Sugars, raw. Endangered and Threatened Wildlife
• Fair linen, altar. • Swords and scabbards. and Plants; Proposed Rule To Amend
• Fibers of the following types: abaca, • Talc, block, steatite. the Listing of the Southern Selkirk
abace, agave, coir, flax, jute, jute • Tantalum. Mountains Population of Woodland
burlaps, palmyra, and sisal. • Tapioca flour and cassava. Caribou
• Goat and kidskins. • Tartar, crude; tartaric acid and
• Goat hair canvas. cream of tartar in bulk. AGENCY: Fish and Wildlife Service,
• Grapefruit sections, canned. • Tea in bulk. Interior.
• Graphite, natural, crystalline, • Thread, metallic (gold). ACTION: Proposed rule; reopening of
crucible grade. • Thyme oil. comment period.
• Hand file sets (Swiss pattern). • Tin in bars, blocks, and pigs.
• Handsewing needles. • Triprolidine hydrochloride. SUMMARY: We, the U.S. Fish and
• Hemp yarn. • Tungsten. Wildlife Service (Service), announce the
• Hog bristles for brushes. • Vanilla beans. reopening of the public comment period
• Hyoscine, bulk. • Venom, cobra. on our May 8, 2014, proposed rule to
• Ipecac, root. • Water chestnuts. amend the listing of the southern
• Iodine, crude. • Wax, carnauba. Selkirk Mountains population of
• Kaurigum. • Wire glass. woodland caribou (Rangifer tarandus
• Lac. • Woods; logs, veneer, and lumber of caribou) to the Southern Mountain
• Leather, sheepskin, hair type. the following species: Alaskan yellow caribou distinct population segment
• Lavender oil. cedar, angelique, balsa, ekki, greenheart, (DPS). The southern Selkirk Mountains
• Manganese. lignum vitae, mahogany, and teak. population of woodland caribou is
• Menthol, natural bulk. • Yarn, 50 Denier rayon. currently listed as endangered under the
• Mica. • Yeast, active dry and instant active Endangered Species Act of 1973, as
• Microprocessor chips (brought onto dry. amended (Act). On May 8, 2014, we
TKELLEY on DSK3SPTVN1PROD with PROPOSALS

a Government construction site as proposed to list the Southern Mountain
separate units for incorporation into B. Executive Order 12866 and 13563 caribou DPS as threatened under the
building systems during construction or Executive Orders (E.O.s) 12866 and Act. This reopening of comment period
repair and alteration of real property). 13563 direct agencies to assess all costs will provide all interested parties with
• Modacrylic fiber. and benefits of available regulatory an opportunity to review additional
• Nickel, primary, in ingots, pigs, alternatives and, if regulation is scientific information and provide
shots, cathodes, or similar forms; nickel necessary, to select regulatory comment on the status of the Southern
oxide and nickel salts. approaches that maximize net benefits Mountain caribou DPS. Information

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Document Created: 2015-12-18 11:44:57
Document Modified: 2015-12-18 11:44:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking.
Dates		Interested parties should submit written comments to the
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 FAR Case 2015-001.
FR Citation		80 FR 15544
RIN Number		9000-AM88

80 FR 15544 - Federal Acquisition Regulation; List of Domestically Nonavailable Articles

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 56 (March 24, 2015)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION