44314 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 

(b) Use the clause at 252.232–7006, 

Wide Area WorkFlow Payment 

Instructions, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when 252.232–7003 is used and neither 

232.7003(b) nor (c) apply. See PGI 

232.7004 for instructions on completing 

the clause. 

[FR Doc. 2014–17941 Filed 7–30–14; 8:45 am] 

BILLING CODE 5001–06–P 

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: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove the DoD-unique list 

of domestically nonavailable articles 

because these items have been found to 

be either available domestically or are 

not used by DoD. 

DATES: Effective July 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lee Renna, telephone 571–372–6095. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 73474 on 

December 6, 2013, 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. 8302(a)), on 

the basis of their nonavailability. The 

two items listed at section 225.104 that 

are being removed have been found to 

be either (1) available from domestic 

producers in the case of aluminum clad 

steel wire, or (2) DoD does not use the 

item in the case of the sperm-whale oil. 

Two public comments were submitted 

in response to the proposed rule. 

II. Discussion and Analysis 

No changes are being made to the 

final rule as a result of the two public 

comments. The first respondent stated 

support for the rule and the second 

respondent noted that there should be 

no change to the rule. 

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 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows. 

This final rule amends the Defense 

Acquisition Regulation Supplement 

(DFARS) by removing the DoD-unique 

list of domestically 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-whale oil. 

This rule will not have an impact on 

small entities as it merely removes from 

the DFARS a listing of an item that is 

now domestically available and an item 

that is not used by DoD. 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. With respect to the procurement of 

sperm-whale 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. 

No comments were received from the 

public in response to the initial 

regulatory flexibility analysis. This rule 

does not add any new information 

collection, reporting, or record keeping 

requirements. No alternatives were 

identified that will accomplish the 

objectives of the rule. 

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. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 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] 

■ 2. Remove section 225.104. 

[FR Doc. 2014–17940 Filed 7–30–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 236 

RIN 0750–AI33 

Defense Federal Acquisition 

Regulation Supplement: Use of Military 

Construction Funds in Countries 

Bordering the Arabian Sea (DFARS 

Case 2014–D016) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement sections of the 

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