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Federal Register / Vol. 67, No.

218 / Tuesday, November 12, 2002 / Proposed Rules 68551

Public Health Service Policy on determination is consistent with Federal 1825.103 Exceptions.
Humane Care and Use of Laboratory Acquisition Regulation policy and the (a) * * *
Animals, Office of Laboratory Animal Department of Defense policy with (iii) The Assistant Administrator for
Welfare, Office for Extramural Research, regard to the treatment of U.S.-made end Procurement has determined that for
NIH (revised September 1986). products. procurements subject to the Trade
Note: This policy is subject to change, This proposed rule implements the Agreements Act, it would be
and interested persons should contact September 13, 2002, determination. inconsistent with the public interest to
the Office of Laboratory Animal This proposed rule will simplify apply the Buy American Act to U.S.-
Welfare, Office for Extramural Research, evaluation of offers in acquisitions made end products that are
NIH, Rockledge 1, 6705 Rockledge subject to the Trade Agreements Act, substantially transformed in the United
Drive, Bethesda, Maryland 20817, because it will no longer be necessary to States.
telephone 301–594–2382 (not a toll-free determine if a U.S.-made end product is
1825.1101 [Amended] (NASA supplements
number) to obtain references to the also a domestic end product, i.e., the paragraph (c)(1))
current version and any amendments.) cost of domestic components exceeds
3. Amend section 1825.1101 by
[FR Doc. 02–28292 Filed 11–8–02; 8:45 am] the cost of all components by more than
adding paragraph (c)(1) to read as
BILLING CODE 4140–01–P 50 percent.
follows:
This proposed rule is not subject to
Office of Management and Budget 1825.1101 Acquisition of supplies.
NATIONAL AERONAUTICS AND review under Executive Order 12866, (c)(1) NASA has determined that the
SPACE ADMINISTRATION dated September 30, 1993. restrictions of the Buy American Act are
B. Regulatory Flexibility Act not applicable to U.S.-made end
48 CFR Part 1825 products.
This proposed rule is not expected to * * * * *
RIN 2700–AC33 have a significant economic impact on
[FR Doc. 02–28542 Filed 11–8–02; 8:45 am]
a substantial number of small entities
Trade Agreements Act—Exception for BILLING CODE 7510–01–P
with the meaning of the Regulatory
U.S.-Made End Products
Flexibility Act, 5 U.S.C. 601, et seq.,
AGENCY: National Aeronautics and because NASA has few acquisitions
Space Administration. subject to the Trade Agreements Act in DEPARTMENT OF TRANSPORTATION
ACTION: Proposed rule. which small businesses proposing
National Highway Traffic Safety
domestic end products have received a
Administration
SUMMARY: NASA is proposing to amend percent price evaluation preference over
the NASA FAR Supplement (NFS) to offers of U.S.-made end products for
49 CFR Part 571
implement the determination of the which the cost of foreign components
Assistant Administrator for exceeds the cost of domestic Denial of Petition for Rulemaking;
Procurement that, for procurements components by 50 percent or more. Federal Motor Vehicle Safety
subject to the Trade Agreements Act, it Standards
C. Paperwork Reduction Act
would be inconsistent with the public
interest to apply the Buy American Act The Paperwork Reduction Act does AGENCY: National Highway Traffic
for U.S.-made end products that are not apply because the changes do not Safety Administration (NHTSA),
substantially transformed in the United impose any new recordkeeping or Department of Transportation.
States. information collection requirements ACTION: Denial of petition for
DATES: Comments should be submitted which require the approval of the Office rulemaking.
on or before January 13, 2003. of Management and Budget under 44
U.S.C. 3501, et seq. This proposed rule SUMMARY: This document denies the
ADDRESSES: Interested parties should petition submitted by Valeo, an
submit written comments to Patrick would eliminate the requirement for
offerors to track and document the automotive lighting company in
Flynn, NASA Headquarters, Office of Bobigny, France, to amend Federal
Procurement, Contract Management origin of components of U.S.-made end
products in acquisitions subject to the Motor Vehicle Safety Standard (FMVSS)
Division (Code HK), Washington, DC No. 108, ‘‘Lamps, Reflective Devices,
20546. Comments may also be Trade Agreements Act in order to
comply with the FAR. and Associated Equipment,’’ to allow
submitted by e-mail to headlamps with upper beam
pflynn@hq.nasa.gov. List of Subjects in 48 CFR Part 1825 contributors to have horizontal and
FOR FURTHER INFORMATION CONTACT: Government procurement. vertical aiming capabilities that are
Patrick Flynn, (202) 358–0460; e-mail: separate from the lower beam
pflynn@hq.nasa.gov. Tom Luedtke, contributors.
Assistant Administrator for Procurement.
SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Mr.
Accordingly, 48 CFR part 1825 is Chris Flanigan, Office of Rulemaking,
A. Background amended as follows: NHTSA, 400 Seventh Street, SW.,
On September 13, 2002, the Assistant 1. The authority citation for 48 CFR Washington, DC 20590. Mr. Flanigan’s
Administrator for Procurement Part 1825 continues to read as follows: telephone number is: (202) 366–4918.
determined that, for procurements His facsimile number is (202) 366–4329.
Authority: 42 U.S.C. 2473(c)(1)
subject to the Trade Agreements Act, it SUPPLEMENTARY INFORMATION: By a letter
would be inconsistent with the public PART 1825—FOREIGN ACQUISITION dated March 2, 2000, Valeo petitioned
interest to apply the Buy American Act the agency to allow visually/optically
to U.S.-made end products that are 1825.103 [Amended] aimable (VOA) headlamps that have
substantially transformed in the United 2. Amend section 1825.103 by adding upper beam contributors optically
Sates. The September 13, 2002, paragraph (a)(iii) to read as follows: combined with lower beam

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