[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Proposed Rules]
[Pages 84505-84509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24395]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 25

[FAR Case 2020-009, Docket No. FAR-2020-0009, Sequence No. 1]
RIN 9000-AO07


Federal Acquisition Regulation: List of Domestically Nonavailable 
Articles

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

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to revise the list of domestically 
nonavailable articles under the Buy American statute and implement 
requirements related to making future changes to the list.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at the address shown below on or before 
December 23, 2024 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR Case 2020-009 to the 
Federal eRulemaking portal at https://www.regulations.gov by searching 
for ``FAR Case 2020-009''. Select the link ``Comment Now'' that 
corresponds with ``FAR Case 2020-009''. Follow the instructions 
provided on the ``Comment Now'' screen. Please include your name, 
company name (if any), and ``FAR Case 2020-009'' on your attached 
document. If your comment cannot be submitted using https://www.regulations.gov, call or email the point of contact in the FOR 
FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    Instructions: Please submit comments only and cite ``FAR Case 2020-
009'' in all correspondence related to this case. Comments received 
generally will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. Public comments may be submitted as an individual, as an 
organization, or anonymously (see frequently asked questions at https://www.regulations.gov/faq). To confirm receipt of your comment(s), 
please check https://www.regulations.gov, approximately two to three 
days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Zenaida Delgado, Procurement Analyst, at 202-969-7207 or by email 
at <a href="/cdn-cgi/l/email-protection#68120d0609010c09460c0d040f090c07280f1b09460f071e"><span class="__cf_email__" data-cfemail="3c4659525d55585d125859505b5d58537c5b4f5d125b534a">[email protected]</span></a>. For information pertaining to status, 
publication schedules, or alternate instructions for submitting 
comments if https://www.regulations.gov cannot be used, contact the 
Regulatory Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#fbbca8baa99e9ca89e98bb9c889ad59c948d"><span class="__cf_email__" data-cfemail="2b6c786a794e4c784e486b4c584a054c445d">[email protected]</span></a>. 
Please cite FAR Case 2020-009.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are proposing to revise the list of domestically 
nonavailable articles at FAR 25.104(a) and take other actions to limit 
the use of regulatory nonavailability waivers consistent with section 9 
of Executive Order (E.O.) 14005, Ensuring the Future Is Made in All of 
America by All of America's Workers (86 FR 7475, January 28, 2021). 
E.O. 14005 establishes policies to maximize the Federal Government's 
use of goods, products,

[[Page 84506]]

and materials produced in the United States to help American businesses 
compete in strategic industries and ensure America's workers thrive. A 
key pillar of the E.O. involves reducing the need for waivers to the 
Buy American statute (41 U.S.C. chapter 83), which 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.
    Prior to issuance of E.O. 14005, FAR 25.103(b)(2)(i) authorized the 
head of the contracting activity to make an individual determination of 
nonavailability without having to publicly share the rationale for the 
determination or the nature of the market research conducted. The 
agency simply reported to the Federal Procurement Data System if a 
nonavailability waiver was used on a particular acquisition. In 
addition, a written determination of nonavailability was not required 
if the acquisition was conducted using full and open competition, 
synopsized, and no offer for a domestic source was received. This 
process made it challenging for an existing Government contractor or 
potential new entrant to become aware if its capabilities were being 
overlooked. Further, if the contracting officer considered that the 
nonavailability of an article was likely to affect future acquisitions 
over a period of time, FAR 25.103(b)(2)(ii) authorized the contracting 
officer to submit a copy of the determination and supporting 
documentation to the appropriate regulatory council identified in FAR 
1.201-1 (i.e., the Defense Acquisition Regulations Council or the 
Civilian Agency Acquisition Council), in accordance with agency 
procedures, to consider inclusion on the list of nonavailable articles 
at FAR 25.104(a). Inclusion of the article on the nonavailability list 
reduces the level of public outreach even further in light of the 
presumption of nonavailability.
    E.O. 14005 makes a number of changes to tighten the waiver process 
and strengthen efforts to increase reliance on domestic sourcing. 
First, with respect to individual waivers (see FAR 25.103(b)(2)(i)), 
the E.O. updates, centralizes, and provides transparency to the process 
for their issuance. Section 4 of the E.O. established the Made in 
America Office (MIAO) in the Office of Management and Budget (OMB) to 
manage a centralized process for reviewing proposed agency 
nonavailability waivers for individual and multiple procurements. 
Agencies can no longer simply rely on the absence of domestic offers in 
a competition to justify a nonavailability waiver. OMB Memorandum M-21-
26, Increasing Opportunities for Domestic Sourcing and Reducing the 
Need for Waivers from Made in America Laws, and guidance issued jointly 
by MIAO and the Office of Federal Procurement Policy (OFPP), Improving 
the Transparency of Made in America Waivers (October 26, 2021), 
provided direction to agencies for the development, coordination, and 
posting of waivers. In particular, the guidance instructs agencies to 
describe steps the agency has taken to understand market capabilities 
and capacity to help potential interested sources and supply chain 
experts identify where opportunities might have been missed and could 
be pursued when future needs arise. The guidance provides that waivers 
will cover individual transactions but allows agencies to pursue multi-
procurement waivers for repetitive needs where market research 
indicates that domestic capability may be lacking for a period of time, 
provided the waiver is time limited. The guidance states that agencies 
should continually study the market and reflect recent analysis in 
their proposed waivers and not assume that there is no qualifying 
product simply because one was not found in a prior year. The guidance 
further directs that proposed waivers must be posted on the 
MadeinAmerica.gov website so that interested sellers can have a better 
understanding of where agencies are having trouble finding U.S.-made 
products. The guidance explains that greater transparency should lead 
to a more responsive supplier base and help agencies build diversity by 
pulling new entrants into the Federal marketplace. DoD, GSA, and NASA 
will address regulatory changes to FAR 25.103 through a future 
rulemaking.
    Second, section 9 of E.O. 14005 creates a new oversight mechanism 
to more carefully control the identification of articles eligible for 
inclusion at FAR 25.104(a) (``regulatory waivers'', see FAR 
25.103(b)(1)(i)). Section 9 requires the Director of OMB, through the 
Administrator of OFPP, to consult with the Secretary of Commerce and 
the Director of MIAO regarding any changes proposed by DoD, GSA, and 
NASA to the list of nonavailable articles identified at FAR 25.104(a). 
Section 9 of E.O. 14005 requires paying particular attention to 
economic analyses of relevant markets and available market research, to 
determine whether there is a reasonable basis to conclude that the 
article, material, or supply is not mined, produced, or manufactured in 
the United States in sufficient and reasonably available commercial 
quantities and of a satisfactory quality.
    DoD, GSA, and NASA are issuing this proposed rule to implement 
section 9 and reduce reliance on regulatory waivers that can 
disincentivize domestic sourcing by signaling a lack of confidence in 
domestic manufacturers' capacity to meet the Federal Government's 
current demand or grow capacity to meet future demand. A general 
presumption of nonavailability discourages the type of ongoing, 
proactive engagement with industry to understand supply chains and 
market trends that is vital to strengthening domestic manufacturing.
    DoD, GSA, and NASA, in partnership with MIAO and OFPP, have 
conducted a proactive review of each of the 109 articles on the 
existing nonavailable articles list. The current list of articles 
identified in FAR 25.104(a) is a 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., quartz 
crystals or 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 bismuth (not more than 10 percent of U.S. 
Government and nongovernment demand) to spices and herbs, in bulk, (not 
more than 40 percent of U.S. Government and nongovernment demand). For 
additional discussion regarding the basis for removal of articles from 
the list at FAR 25.104(a), see section IV. of this proposed rule 
preamble.

II. Discussion and Analysis

    The following summarizes the proposed changes to the FAR:

A. Proposed Revisions to the List at FAR 25.104(a)

    DoD, GSA, and NASA are proposing to remove numerous articles from 
the nonavailability list as a general reset of the list to remove a 
presumption of nonavailability as a means to encourage further market 
research and send a signal to industry. This may mean that contracting 
officers will do more market research on domestic availability of the 
removed products. It also may encourage domestic producers to take an 
interest in the articles removed from the nonavailability list. 
Proposed

[[Page 84507]]

removals include the following articles: acetylene, black; agar, bulk; 
anise; asbestos, amosite, chrysotile, and crocidolite; bauxite; beef, 
corned, canned; beef extract; bephenium hydroxynaphthoate; cadmium, 
ores and flue dust; calcium cyanamide; castor beans and castor oil; 
chalk, English; chicle; cinchona bark; cobalt, in cathodes, rondelles, 
or other primary ore and metal forms; colchicine alkaloid, raw; copra; 
crane rail (85-pound per foot); cryolite, natural; dammar gum; 
diamonds, industrial, stones and abrasives; emetine, bulk; ergot, 
crude; erythrityl tetranitrate; goat hair canvas; goat and kidskins; 
graphite, natural, crystalline, crucible grade; hand file sets (Swiss 
pattern); handsewing needles; ipecac, root; iodine, crude; kauri gum; 
lac; lavender oil; leather, sheepskin, hair type; 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); 
nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; 
nickel oxide and nickel salts; nux vomica, crude; oiticica oil; olive 
oil; olives (green), pitted or unpitted, or stuffed, in bulk; opium, 
crude; petroleum, crude oil, unfinished oils, and finished products; 
pine needle oil; platinum and related group metals, refined, as sponge, 
powder, ingots, or cast bars; pyrethrum flowers; quebracho; quinidine; 
quinine; rabbit fur felt; radium salts, source and special nuclear 
materials; rosettes; santonin, crude; secretin; shellac; sugars, raw; 
talc, block, steatite; tantalum; thread, metallic (gold); thyme oil; 
triprolidine hydrochloride; tungsten; 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; and yeast, active dry and instant active 
dry.
    There is no substantial evidence that there is a major increase in 
the availability of the articles being deleted, but there is evidence 
that there is capacity for many of the articles being removed. Review 
of several publications such as periodicals from the United States 
Geological Survey (USGS) shows that for many of these articles there is 
some degree of domestic capacity. For example, according to the USGS, 
the United States produces 43,000 metric tons of mica per year, and the 
Economic Research Service of the U.S. Department of Agriculture reports 
that the United States is one of the world's largest producers of raw 
sugar. For additional discussion regarding the basis for removal of 
these articles from the list, see section IV. of this proposed rule 
preamble.

B. Proposed Protocols To Amend the List at FAR 25.104(a)

    The rule proposes adding FAR language to implement the requirements 
of section 9 of E.O. 14005 requiring consultation with the Secretary of 
Commerce and the MIAO Director prior to any changes to the list at FAR 
25.104(a). The proposed rule retains the current standard for inclusion 
on the list, which is that domestic sources can only meet 50 percent or 
less of total U.S. Government and nongovernment demand. See FAR 
25.103(b)(1)(i). It also retains the requirement that the procuring 
agency is responsible for conducting market research appropriate to the 
circumstances, including seeking domestic sources before acquisition of 
an article on the list. This applies to acquisition of an article as 
either an end product or a significant component (valued at more than 
50 percent of the value of all the components).
    Finally, the class determination for articles on the list will 
continue to be deemed inapplicable if the contracting officer learns at 
any time before the time designated for receipt of bids in sealed 
bidding or final offers in negotiated procurements 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. See FAR 25.103(b)(1)(iii).

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Products (Including Commercially 
Available Off-the-Shelf (COTS) Items), or for Commercial Services

    This rule does not create new solicitation provisions or contract 
clauses or impact any existing provisions or clauses.

IV. Expected Impact of the Rule

    The proposed rule would substantially reduce the number of articles 
on the list at FAR 25.104(a) that are presumed by regulation to be 
nonavailable in the United States in sufficient and reasonably 
available commercial quantities and of a satisfactory quality. Removal 
of an article from the list means that if such articles are acquired by 
the agency in the future, the agency may no longer presume the article 
is not available domestically. Instead, the agency must submit a 
proposed waiver to MIAO explaining the basis for concluding the article 
is not available domestically, including the market research conducted 
to find domestic sources, and post the proposed waiver on 
MadeinAmerica.gov. Over time, decreased reliance on regulatory waivers 
and greater use of individual waivers that are reviewed centrally and 
posted publicly should contribute to a more dynamic, diverse, and 
competitive domestic industrial base. As a general matter, regulatory 
waivers disincentivize domestic sourcing by signaling a lack of 
confidence in its capacity to meet the Federal Government's current 
demand or grow capacity to meet future demand. Use of individualized 
waivers in lieu of regulatory waivers that are coordinated centrally 
and posted for public awareness should encourage the type of ongoing, 
proactive engagement with industry to understand supply chains and 
market trends that is vital to strengthening domestic manufacturing and 
reducing the need for waivers over time. As explained in OMB Memorandum 
M-21-26 and the joint memorandum MIAO and OFPP issued on October 26, 
2021, there are a number of strategic advantages to central review and 
posting of waivers, including: the ability for MIAO and agencies to 
share market research information and insight that might lead to the 
identification of domestic sources in future acquisitions; the ability 
for agencies to send a clear demand signal to industry of the Federal 
Government's desire to reduce reliance on foreign-made items; the 
ability for potential sources to see opportunities for new domestic 
providers, and for existing domestic providers that may have been 
overlooked to see if agencies may have missed market capabilities in 
their market research; and the opportunity for MIAO to bring greater 
consistency in use of waivers across the Government through its 
feedback to agencies. The heightened transparency provided on 
individual waivers can be especially beneficial in furthering both 
contractor resilience by reducing transaction costs for potential 
sellers and diversity by lowering a barrier to entry for small 
businesses and new entrants to the Federal market that may struggle to 
find work opportunities.
    There are 109 articles currently subject to regulatory waiver. In 
the past, DoD, GSA, and NASA have largely relied on public comment to 
identify articles that should be removed from the list. For example, an 
advance notice of proposed rulemaking was issued at 85 FR 28596 on May 
13, 2020, seeking information that would assist in

[[Page 84508]]

identifying domestic capabilities and for evaluating whether some 
articles on the list at FAR 25.104(a) 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. While public input and insight remains an 
important part of the review process, DoD, GSA, and NASA conducted a 
proactive review of each article, in consultation with MIAO and OFPP, 
to determine if the presumption of nonavailability remains appropriate. 
This review will help to ensure the list more accurately reflects 
market conditions and to avoid overlooking domestic capabilities.
    Articles were identified as suitable for removal from the list if 
one or more of the following criteria were met: (i) there is a 
demonstrated domestic capacity to source the article; (ii) more limited 
duration waivers with centralized management would provide important 
insight into Government supply chains, including critical supply chains 
with national or economic security implications; (iii) there is limited 
Government demand for the article; or (iv) the articles are believed to 
be obsolete.
    Articles proposed for removal from the list based on an expectation 
of sufficient and reasonably available commercial quantities include 
petroleum, crude oil, unfinished oils, and finished products, as the 
domestic crude oil capacity of the United States makes it the world's 
largest producer of crude oil according to the U.S. Energy Information 
Administration. Similarly, according to the USGS' Mineral Commodity 
Summary for Cadmium in January 2024, the United States has demonstrated 
a domestic capacity of cadmium that has allowed it to become a net 
exporter of this metal. Talc, block, steatite is an additional article 
for which, according to Mineral Commodities Summaries for 2024, the 
United States domestic capacity was capable of meeting domestic demand. 
The report indicated that the United States' net import reliance for 
talc as a percentage of apparent consumption was six percent in 2023. 
Other articles expected to meet this criterion include: beef, corned, 
canned; beef extract; leather, sheepskin, hair type; sugars, raw; and 
yeast, active dry and instant active dry.
    Articles proposed for removal from the list based on the conclusion 
that more limited duration waivers with centralized management would 
provide important insight into Government supply chains include: 
bauxite; cobalt, in cathodes, rondelles, or other primary ore and metal 
forms; diamonds, industrial, stones and abrasives; goat hair canvas; 
goat and kidskins; graphite, natural, crystalline, crucible grade; 
iodine, crude; manganese; 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); nickel, primary, in ingots, pigs, shots, cathodes, or 
similar forms, nickel oxide and nickel salts; olive oil; olives 
(green), pitted or unpitted, or stuffed, in bulk; platinum and related 
group metals, refined, as sponge, powder, ingots, or cast bars; 
tantalum; and tungsten. Many of these articles fall within critical 
supply chains that were prioritized for strengthening under E.O. 14017, 
America's Supply Chains, for reasons of national or economic security.
    Articles proposed for removal from the list because there is 
limited Government demand for the article include: acetylene, black; 
agar, bulk; chalk, English; anise; bephenium hydroxynaphthoate; calcium 
cyanamide; castor beans and castor oil; chicle; cinchona bark; 
colchicine alkaloid, raw; copra; crane rail (85-pound per foot); 
cryolite, natural; dammar gum; emetine, bulk; ergot, crude; erythrityl 
tetranitrate; hand file sets (Swiss pattern); handsewing needles; lac; 
lavender oil; menthol, natural bulk; nux vomica, crude; oiticica oil; 
opium, crude; pine needle oil; pyrethrum flowers; quebracho; quinidine; 
quinine; rabbit fur felt; radium salts, source and special nuclear 
materials; rosettes; secretin; shellac; thread, metallic (gold); thyme 
oil; triprolidine hydrochloride; 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; and yarn, 50 Denier rayon.
    Articles proposed for removal from the list because they are 
believed to be obsolete include asbestos, amosite, chrysotile, and 
crocidolite; ipecac, root; kauri gum; and santonin, crude. The removal 
of asbestos from the list meets the obsolescence criteria because of 
the Environmental Protection Agency's ban on ongoing uses of asbestos.
    In total, DoD, GSA, and NASA are proposing to remove 70 articles 
from the list at FAR 25.104(a). This would reduce the existing list by 
more than half.
    The proposed rule provides these benefits at minimal cost to 
Federal contractors or the Government. There should be no cost to 
Federal contractors from the proposed reduction of articles on the 
regulatory waiver list, as the transition to individual waivers should 
increase transparency and reduce transaction costs associated with 
finding domestic opportunities.
    The proposed rule is expected to create only minimal additional 
procurement costs to the Government due to the low amount of spend and 
the low number of contract actions for the articles removed from the 
list. In fiscal year (FY) 2023, the Federal contract spend for the 
articles removed from the list was estimated to be under $150 million, 
which represents less than 0.02 percent of the total Federal contract 
spend for the same year. In FY 2023, the number of Federal contract 
actions for the articles removed from the list was estimated to be 
under 10,000 Federal contract actions, which represents less than 0.02 
percent of the total number of Federal contract actions for the same 
year. This data set excludes petroleum, crude oil, unfinished oils, and 
finished products. For the under 10,000 Federal contract actions 
estimated to be potentially impacted by the articles' removal from the 
list, agencies will still be able to use preexisting procedures to seek 
an individual waiver from MIAO. Additionally, for articles for which 
market research shows domestic capability may not be sufficient for a 
period of time and the agency has a need for repetitive purchases under 
an indefinite-delivery contract, the agency may pursue a time-bound 
multi-procurement waiver.
    The potential procurement costs to the Government are reduced 
further when considering the nature of some of the articles to be 
removed. The articles removed include many items that are no longer 
procured in significant amounts or are obsolete. It is estimated that 
approximately half of the articles on the list have not been procured 
in significant quantities in FY 2021 through FY 2023, are obsolete or 
greatly reduced in their use (e.g., santonin), or are subject to 
regulatory changes since they were added to the nonavailable articles 
list (e.g., asbestos).

V. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563 
direct agencies to assess the 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

[[Page 84509]]

flexibility. This is a significant regulatory action and, therefore, 
was subject to review under Section 6(b) of E.O. 12866, Regulatory 
Planning and Review, dated September 30, 1993.

VI. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed rule, if finalized, 
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. 
601-612, because the rule is not implementing any requirements with 
which small entities must comply. However, an Initial Regulatory 
Flexibility Analysis (IRFA) has been performed and is summarized as 
follows:

    DoD, GSA, and NASA are proposing to amend the FAR to revise the 
list of domestically nonavailable articles under the Buy American 
statute and the protocols to amend the list.
    The objective of this rule is to revise the list of nonavailable 
articles at FAR 25.104(a). The rule also seeks to implement section 
9 of E.O. 14005. Promulgation of the FAR is authorized by 40 U.S.C. 
121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy 
provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
    The proposed rule impacts all entities that do business with the 
Federal Government, including the over 331,899 small business 
registrants in the System for Award Management. However, DoD, GSA, 
and NASA do not expect this proposed rule, if finalized, to have a 
significant economic impact on a substantial number of small 
entities because the rule is not implementing any requirements with 
which small entities must comply. It is expected that this proposed 
rule will encourage small businesses to take an interest in building 
domestic manufacturing capabilities and capacity; this would be a 
positive impact though not a substantial impact.
    The proposed rule does not include additional, or change any 
existing, reporting or recordkeeping requirements. The rule does not 
duplicate, overlap, or conflict with any other Federal rules. There 
are no available alternatives to the proposed rule to accomplish the 
desired objective of E.O. 14005.

    The Regulatory Secretariat Division has submitted a copy of the 
IRFA to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the IRFA may be obtained from the Regulatory 
Secretariat Division. DoD, GSA, and NASA invite comments from small 
business concerns and other interested parties on the expected impact 
of this proposed rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2020-009), 
in correspondence.

VII. 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. 3501-3521).

List of Subjects in 48 CFR Part 25

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 25 as 
set forth below:

0
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 4 and 10 U.S.C. 
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 
20113.

PART 25--FOREIGN ACQUISITION

0
2. Revise section 25.104 to read as follows:


25.104   Nonavailable articles.

    (a) The following articles have been determined to be nonavailable 
in accordance with 25.103(b)(1)(i):
    Antimony, as metal or oxide.
    Bamboo shoots.
    Bananas.
    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.
    Capers.
    Cashew nuts.
    Chestnuts.
    Chrome ore or chromite.
    Cocoa beans.
    Coconut and coconut meat, unsweetened, in shredded, desiccated, or 
similarly prepared form.
    Coffee, raw or green bean.
    Cork, wood or bark and waste.
    Cover glass, microscope slide.
    Fair linen, altar.
    Fibers of the following types: abaca, abace, agave, coir, flax, 
jute, jute burlaps, palmyra, and sisal.
    Grapefruit sections, canned.
    Hemp yarn.
    Hog bristles for brushes.
    Hyoscine, bulk.
    Modacrylic fiber.
    Nitroguanidine (also known as picrite).
    Oranges, mandarin, canned.
    Pineapple, canned.
    Quartz crystals.
    Rubber, crude and latex (natural).
    Rutile.
    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.
    Swords and scabbards.
    Tapioca flour and cassava.
    Tartar, crude; tartaric acid and cream of tartar in bulk.
    Tea in bulk.
    Tin in bars, blocks, and pigs.
    Vanilla beans.
    Venom, cobra.
    Water chestnuts.
    (b) To amend the list of nonavailable articles, an economic 
analysis is required of relevant markets and available market research, 
to determine whether there is a reasonable basis to conclude that the 
article, material, or supply is not mined, produced, or manufactured in 
the United States in sufficient and reasonably available commercial 
quantities and of a satisfactory quality. This analysis will be 
performed by the Director of the Office of Management and Budget (OMB), 
through the Administrator of the Office of Federal Procurement Policy, 
who will consult with the Secretary of Commerce and the Director of the 
OMB's Made in America Office on any proposed changes. (Executive Order 
14005 of January 25, 2021, Ensuring the Future Is Made in All of 
America by All of America's Workers, Section 9).
    (c) This list will be published in the Federal Register for public 
comment no less frequently than once every five years. Unsolicited 
recommendations for deletions from this list may be submitted at any 
time and should provide sufficient data and rationale to permit 
evaluation (see 1.502). An economic analysis as described in paragraph 
(b) of this section will be used to support changes to the list.

[FR Doc. 2024-24395 Filed 10-22-24; 8:45 am]
BILLING CODE 6820-EP-P


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