[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Proposed Rules]
[Pages 73474-73475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29154]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AI11
Defense Federal Acquisition Regulation Supplement: Domestically
Nonavailable Articles--Elimination of DoD-Unique List (DFARS Case 2013-
D020)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to remove the DoD-unique list of
nonavailable articles because these items have been found to be either
available domestically or are not used by DoD.
DATES: Comment date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before February 4, 2014, to
be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2013-D020, using
any of the following methods:
[cir] Regulations.gov: http://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2013-D020''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2013-D020.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2013-D020'' on your attached document.
[cir] Email: [email protected]. Include DFARS Case 2013-D020 in the
subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Lee
Renna, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Lee Renna, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6095; facsimile
571-372-6101.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to remove section 225.104 in
its entirety, because the articles currently listed no longer qualify
as an exception to the Buy American statute (41 U.S.C. section
8302(a)), on the basis of their nonavailability.
II. Discussion and Analysis
DoD has determined that domestic aluminum-clad steel wire available
in the United States meets the two-part test used at FAR 25.101(a) to
define a domestic end product, i.e., this item is known to be
manufactured in the United States and the cost of the domestic
components in this item exceed 50 percent of the sum total cost of the
components of the product. In addition, the domestic sources that
supply this item are capable of meeting 50 percent or more of the total
U.S. Government and nongovernment demand, as required by FAR 25.103(1).
Sperm oil is not used by DoD. Sperm oil is obtained from sperm
whales, which are listed in 50 CFR section 17.11 as an endangered
species; therefore, in accordance with the Endangered Species Act of
1973 (16 U.S.C. sections 1531-1544), it is unlawful to engage in any
activity that could bring harm to these animals. It is possible to
obtain ``pre-Act'' sperm oil, i.e., sperm oil, including derivatives
thereof, which was lawfully held within the United States on or before
December 28, 1973; however, as previously stated, DoD does not use this
product in any application.
III. 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.
IV. Regulatory Flexibility Act
DoD does not expect this proposed rule to 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 is removing the DoD-unique list of nonavailable
articles that have been found to be either available domestically or
are not used by DoD. Of the two items on the list, aluminum-clad steel
is produced and available in the United States, and DoD does not use
sperm oil. However, an initial regulatory flexibility analysis has been
performed and is summarized as follows:
[[Page 73475]]
(1) The removal of the nonavailability exception to the Buy
American statute for aluminum-clad steel wire will neither increase nor
decrease small businesses' participation in future procurements,
particularly with regard to set-asides under the Small Business
Program. This conclusion is primarily attributed to the application of
the nonmanufacturer rule. Under the nonmanufacturer rule, any small
business concern proposing to furnish a product that it did not itself
manufacture must furnish the product of a domestic small business
manufacturer. However, in industries where the Small Business
Administration (SBA) has determined there are no domestic small
business manufacturers, SBA may issue a waiver to the nonmanufacturer
rule to permit small businesses to provide any firm's product (see FAR
19.102(f)(7)). Reinstatement of the Buy American statute restrictions
has no effect on the application of the nonmanufacturer rule.
(2) With respect to the procurement of sperm oil, DoD does not use
this product in any application. As such, a discussion of future
procurement opportunities for this substance is no longer relevant.
This rule does not add any new information collection requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. No alternatives were identified that will accomplish the
objectives of the rule.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2013-D020), in
correspondence.
V. Paperwork Reduction Act
This rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 225 is proposed to be amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
225.104 [Removed]
0
2. Remove section 225.104.
[FR Doc. 2013-29154 Filed 12-5-13; 8:45 am]
BILLING CODE 5001-06-P