Federal Acquisition Regulation; FAR Case 2006-006, Free Trade Agreements-El Salvador, Honduras, and Nicaragua, 46360-46361 [07-3801]

Download as PDF 46360 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations concerning the affected FAR Part 23 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. (FAC 2005–19, FAR case 2006– 025), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 9000–0134 and 9000–0139. D. Determination to Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because the rule amends the FAR to address necessary changes to the prescriptions for the use of FAR clauses, allowing the proper receipt of certification information and ensuring compliance with the statutory requirements of 40 CFR part 247 and 42 U.S.C. 11023. However, pursuant to Public Law 98–577 and FAR 1.501, the Councils will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Part 23 Government procurement. Therefore, DoD, GSA, and NASA amend 48 CFR part 23 as set forth below: I 1. The authority citation for 48 CFR part 23 continues to read as follows: I Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 23.406 by revising the first sentence of paragraph (b) to read as follows: sroberts on PROD1PC70 with RULES I 23.406 Solicitation provision and contract clause. VerDate Aug<31>2005 16:40 Aug 16, 2007 Jkt 211001 * * * * * (b) Insert the clause at 52.223–14, Toxic Chemical Release Reporting, in competitively awarded contracts exceeding $100,000 and competitively awarded 8(a) contracts, except when the determination at 23.905(b) has been made. [FR Doc. 07–3800 Filed 8–16–07; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–19; FAR Case 2006–006; Item X; Docket 2006–0020; Sequence 7] RIN 9000–AK49 Federal Acquisition Regulation; FAR Case 2006–006, Free Trade Agreements—El Salvador, Honduras, and Nicaragua The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to adopt the interim rule published in the Federal Register at 71 FR 36935, June 28, 2006, as a final rule without change. This final rule amends the Federal Acquisition Regulation (FAR) to implement the Dominican Republic—Central America—United States Free Trade Agreement with respect to El Salvador, Honduras, and Nicaragua. DATES: Effective Date: August 17, 2007. 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 FAR Secretariat at (202) 501–4755. Please cite FAC 2005–19, FAR case 2006–006. PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 SUPPLEMENTARY INFORMATION: A. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 71 FR 36935 on June 28, 2006, to implement the Dominican Republic— Central America—United States Free Trade Agreement (CAFTA-DR) with respect to El Salvador, Honduras, and Nicaragua (Public Law 109–53). No comments were received by the close of the public comment period on August 28, 2006. Therefore, the Councils agreed to convert the interim rule to a final rule without change. 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 GENERAL SERVICES ADMINISTRATION SUMMARY: PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE * * * * (b) Insert the clause at 52.223–9, Estimate of Percentage of Recovered 23.906 Solicitation provision and contract clause. AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. Dated: July 30, 2007. Al Matera, Acting Director, Contract Policy Division. * Material Content for EPA-Designated Products, in solicitations and contracts exceeding $100,000 that are for, or specify the use of, EPA-designated products containing recovered materials. * * * I 3. Amend section 23.906 by revising paragraph (b) to read as follows: The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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. Although the rule opens up Government procurement to the products of El Salvador, Honduras, and Nicaragua, the Councils do not anticipate any significant economic impact on U.S. small businesses. The Department of Defense only applies the trade agreements to the non-defense items listed at DFARS 225.401–70, and acquisitions that are set-aside for small businesses ar exempt. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 9000–0139, 9000–0025, and 9000–0141. List of Subjects in 48 CFR Parts 25 and 52 Government procurement. Dated: July 30, 2007 Al Matera, Acting Director, Contract Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 25 and 52, which was published at 71 FR 36935, I E:\FR\FM\17AUR2.SGM 17AUR2 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations June 28, 2006, is adopted as a final rule without change. [FR Doc. 07–3801 Filed 8–16–07; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–19; FAR Case 2006–017; Item XI; Docket 2006–0020; Sequence 11] RIN 9000–AK61 Federal Acquisition Regulation; FAR Case 2006–017, Free Trade Agreements–Bahrain and Guatemala Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to adopt the interim rule published in the Federal Register at 71 FR 67776, November 22, 2006, as a final rule without change. This final rule amends the Federal Acquisition regulation (FAR) to implement the Dominican RepublicCentral America–United States Free Trade Agreement with respect to Guatemala and the United States– Bahrain Free Trade Agreement. DATES: Effective Date: August 17, 2007. 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 FAR Secretariat at (202) 501–4755. Please cite FAC 2005–19, FAR case 2006–017. SUPPLEMENTARY INFORMATION: SUMMARY: sroberts on PROD1PC70 with RULES A. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 71 FR 67776, November 22, 2006. The interim rule amended FAR Part 25 and the corresponding clauses in FAR Part 52 to implement the Dominican Republic–Central America–United States Free Trade Agreement (CAFTADR) with respect to Guatemala and the United States–Bahrain Free Trade Agreement (FTA). Congress approved these trade agreements in the Dominican Republic–Central America– VerDate Aug<31>2005 16:40 Aug 16, 2007 Jkt 211001 United States Free Trade Agreement Implementation Act (Pub. L. 109–53) and the United States–Bahrain Free Trade Agreement Implementation Act (Pub. L. 109–169), respectively. These trade agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials from Guatemala and Bahrain and specify procurement procedures designed to ensure fairness in the acquisition of supplies and services. The interim rule added Bahrain and Guatemala to the definition of ‘‘Free Trade Agreement country.’’ The rule also deleted Guatemala from the definition of ‘‘Caribbean Basin country’’ because, in accordance with Section 201(a)(3) of Pub. L. 109–53, when the CAFTA-DR agreement enters into force with respect to a country, that country is no longer designated as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act. The Councils received no comments on the interim rule; therefore, the Councils have agreed to implement the interim rule as a final rule without change. 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 Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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. Although the rule opens up Government procurement to the goods and services of Guatemala and Bahrain, the Councils do not anticipate any significant economic impact on U.S. small businesses. The Department of Defense only applies the trade agreements to the non-defense items listed at DFARS 225.401–70, and acquisitions that are set aside for small businesses are exempt. No comments were received with regard to impact on small entities. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 9000–0025, 9000–0130, 9000–0136, and 9000–0141. PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 46361 List of Subjects in 48 CFR Parts 25 and 52 Government procurement. Dated: July 30, 2007. Al Matera, Acting Director, Contract Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 25 and 52, which was published in the Federal Register at 71 FR 67776, November 22, 2006, is adopted as a final rule without change. I [FR Doc. 07–3802 Filed 8–16–07; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 37 and 52 [FAC 2005–19; FAR Case 2006–027; Item XII; Docket 2007–0001, Sequence 5] RIN 9000–AK54 Federal Acquisition Regulation; FAR Case 2006–027, Accepting and Dispensing of $1 Coin Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 104 of the Presidential $1 Coin Act of 2005. Section 104 requires that entities that operate any business on any premises owned or controlled by the United States be capable of accepting and dispensing $1 coins on and after January 1, 2008. DATES: Effective Date: August 17, 2007. Applicability Date: This rule applies to all service contracts that involve business operations conducted in U.S. coins and currency, including vending machines, on any premises owned by the U.S. or under the control of any agency or instrumentality of the U.S. The clause shall be placed in all such solicitations and contracts on and after the effective date of this rule. E:\FR\FM\17AUR2.SGM 17AUR2

Agencies

[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46360-46361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3801]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-19; FAR Case 2006-006; Item X; Docket 2006-0020; Sequence 7]
RIN 9000-AK49


Federal Acquisition Regulation; FAR Case 2006-006, Free Trade 
Agreements--El Salvador, Honduras, and Nicaragua

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

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed to adopt the 
interim rule published in the Federal Register at 71 FR 36935, June 28, 
2006, as a final rule without change. This final rule amends the 
Federal Acquisition Regulation (FAR) to implement the Dominican 
Republic--Central America--United States Free Trade Agreement with 
respect to El Salvador, Honduras, and Nicaragua.

DATES: Effective Date: August 17, 2007.

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 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-19, FAR case 
2006-006.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 71 FR 36935 on June 28, 2006, to implement the Dominican 
Republic--Central America--United States Free Trade Agreement (CAFTA-
DR) with respect to El Salvador, Honduras, and Nicaragua (Public Law 
109-53). No comments were received by the close of the public comment 
period on August 28, 2006. Therefore, the Councils agreed to convert 
the interim rule to a final rule without change.
    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 Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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. Although the rule opens up 
Government procurement to the products of El Salvador, Honduras, and 
Nicaragua, the Councils do not anticipate any significant economic 
impact on U.S. small businesses. The Department of Defense only applies 
the trade agreements to the non-defense items listed at DFARS 225.401-
70, and acquisitions that are set-aside for small businesses ar exempt.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Numbers 
9000-0139, 9000-0025, and 9000-0141.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: July 30, 2007
Al Matera,
Acting Director, Contract Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 25 and 52, which 
was published at 71 FR 36935,

[[Page 46361]]

June 28, 2006, is adopted as a final rule without change.
[FR Doc. 07-3801 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S