Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 39597 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Electric utilities, 

Intergovernmental relations, Carbon 

monoxide, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

40 CFR Part 96 

Environmental protection, Air 

pollution control, Electric utilities, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 29, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–18999 Filed 8–6–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 25 

[FAR Case 2009–013; Docket 2009–0026; 

Sequence 1] 

RIN 9000–AL40 

Federal Acquisition Regulation; FAR 

Case 2009–013, Nonavailable Articles 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

revise the list of nonavailable articles at 

FAR 25.104(a). The Councils also 

request public comment as to whether 

some articles on the list of nonavailable 

articles are now mined, produced, or 

manufactured in the United States in 

sufficient and reasonably available 

commercial quantities and of a 

satisfactory quality and should therefore 

be removed from the list. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before October 6, 2009 

to be considered in the formulation of 

a final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2009–013 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR case 2009–013’’ under 

the heading ‘‘Comment or Submission’’. 

Select the link ‘‘Send a Comment or 

Submission’’ that corresponds with FAR 

Case FAR case 2009–013. Follow the 

instructions provided to complete the 

‘‘Public Comment and Submission 

Form’’. Please include your name, 

company name (if any), and ‘‘FAR case 

2009–013’’ on your attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW., Room 4041, 

ATTN: Hada Flowers, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FAR case FAR case 2009– 

013 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. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAR case FAR case 2009–013. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Buy American Act does not apply 

with respect to articles, materials, or 

supplies if articles, materials, or 

supplies of the class or kind to be 

acquired, either as end items or 

components, are not mined, produced, 

or manufactured in the United States in 

sufficient and reasonably available 

commercial quantities and of a 

satisfactory quality. 

A nonavailability determination has 

been made for the articles listed in FAR 

25.104(a). As stated at FAR 25.103, 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. 

Before acquisition of an article on the 

list, the procuring agency is responsible 

for conducting market research 

appropriate to the circumstances, 

including seeking domestic sources. 

This applies to acquisition of an article 

as— 

(A) An end product; or 

(B) A significant component (valued 

at more than 50 percent of the value of 

all the components). 

The class determination for articles on 

the list does not apply if the contracting 

officer learns at any time before the time 

designated for receipt of bids in sealed 

bidding or final offers in negotiation 

that an article on the list is available 

domestically in sufficient and 

reasonably available commercial 

quantities of a satisfactory quality to 

meet the requirements of the 

solicitation. 

The head of the contracting activity 

may make an individual determination 

that an article, material, or supply is not 

mined, produced, or manufactured in 

the United States in sufficient and 

reasonably available commercial 

quantities of a satisfactory quality. If the 

contracting officer considers that the 

nonavailability of an article is likely to 

affect future acquisitions, the 

contracting officer may submit a copy of 

the determination and supporting 


pwalker on DSK8KYBLC1PROD with PROPOSALS
39598 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 

documentation to the appropriate 

council identified in FAR 1.201–1, in 

accordance with agency procedures, for 

possible addition to the list in FAR 

25.104. 

1. Proposed Additions to List 

Accordingly, the Defense Supply 

Center Philadelphia (DSCP), a field 

activity of the Defense Logistics Agency 

(DLA), has requested addition of yeast 

(active dry and instant active dry) and 

canned pineapple. The results of DSCP 

market research are summarized as 

follows: 

a. Active Dry Yeast and Instant Active 

Dry Yeasts. Through contacts with 

industry, reviews of customer 

requirements and an analysis of market 

availability, DSCP has determined that 

there are no domestic sources for active 

dry yeast and instant active dry yeast. 

All production domestically of active 

dry yeast and instant active dry yeast 

has ceased with processing shifted to 

production facilities in Mexico and 

Canada. Active dry yeast and instant 

active dry yeast are key ingredients in 

the baking of fresh bread and yeastraised products. Contact was made with 

DSCP’s customers, and all have stated 

that there are no acceptable alternatives 

to the active dry yeast and instant active 

dry yeast, items that are fundamental in 

the preparation of quick breads, white 

breads, rolls, variety grain breads, 

specialty breads, and yeast-raised 

products such as donuts and sweet rolls. 

b. Pineapple, Solid Pack, Canned. 

There are no longer any domestic 

sources for canned pineapple in its 

various solid pack forms, including 

rings, chunks, tidbits, and crushed. The 

last domestic source closed its only 

plant in June 2007. Domestic canned 

pineapple has been supplanted by 

cheaper, imported products. Canned 

pineapple is used on the menus of the 

U.S. Military Services and as an 

ingredient in certain recipes. While it 

has been used by the military 

worldwide, it is especially important to 

customers, such as Navy ships, that 

need a longer shelf life item because 

they have limited access to fresh fruits. 

2. Proposed Revision of List 

A previous FAR Case, 2003–007, 

added to the list at FAR 25.104(a) an 

article titled ‘‘modacrylic fur ruff’’ (69 

FR 34241, June 18, 2004). This addition 

was based upon a domestic 

nonavailability determination approved 

by the Under Secretary of Defense 

(Acquisition, Technology and Logistics) 

dated December 11, 2002, for 

modacrylic fiber. Therefore, this rule 

proposes to correct the listing to read 

‘‘modacrylic fiber’’ in lieu of 

‘‘modacrylic fur ruff.’’ 

3. Publication of List for Comment 

In addition, FAR 25.104(b) requires 

publication of the list of nonavailable 

articles for public comment in the 

Federal Register no less frequently than 

once every five years. The list was last 

published for comment on May 18, 2004 

(69 FR 28104) (FAR Case 2004–024). 

The Councils are seeking comment on 

whether some articles on the list should 

be removed 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 also be published in FedBizOpps in 

an effort to increase the awareness of 

this request. 

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 Councils do 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 

Councils do not expect that there are 

domestic small businesses that can 

fulfill the Government’s requirements 

for the proposed added items. An Initial 

Regulatory Flexibility Analysis has, 

therefore, not been performed. We invite 

comments from small businesses and 

other interested parties. The Councils 

will consider comments from small 

entities concerning the affected FAR 

Part 25 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAR case 2009–013), 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed 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. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Part 25 

Government procurement. 

Dated: July 22, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR part 25 as set 

forth below: 

PART 25—FOREIGN ACQUISITION 

1. The authority citation for 48 CFR 

part 25 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

25.104 [Amended] 

2. Amend section 25.104 by removing 

from paragraph (a) ‘‘Modacrylic fur ruff’’ 

and adding ‘‘Modacrylic fiber’’ in its 

place, and by adding, in alphabetical 

order, ‘‘Pineapple, canned’’ and ‘‘Yeast, 

active dry and instant active dry’’. 

[FR Doc. E9–18992 Filed 8–6–09; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[Docket No. FWS–R9–MB–2009–0003; 

91200–1231–9BPP] 

RIN 1018–AW46 

Migratory Bird Hunting; Approval of 

Tungsten-Iron-Fluoropolymer Shot 

Alloys as Nontoxic for Hunting 

Waterfowl and Coots; Availability of 

Draft Environmental Assessment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; availability of 

draft environmental assessment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service propose to approve 

tungsten-iron-fluoropolymer shot alloys 

for hunting waterfowl and coots. We 

published an advance notice of 

proposed rulemaking for this group of 

alloys in the Federal Register on March 

3, 2009, under RIN 1018–AW46 (74 FR 

9207). Having completed our review of 

the application materials, we have 

concluded that these alloys are very 

unlikely to adversely affect fish, 

wildlife, or their habitats. 

DATES: Send comments on this proposal 

and/or the associated Draft 

Environmental Assessment by 

September 8, 2009. 

ADDRESSES: Draft Environmental 

Assessment: You may obtain a copy of 

the draft environmental assessment 


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