Defense Federal Acquisition Regulation Supplement; Least Developed Countries That Are Designated Countries DFARS Case 2008-D019, 70913-70914 [E8-27781]
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Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
(B) Establish that it is not possible at
the time of placing the contract or order
to accurately estimate the extent or
duration of the work or to anticipate
costs with any reasonable degree of
certainty;
(C) Establish that the requirement has
been structured to minimize the use of
time-and-materials requirements (e.g.,
limiting the value or length of the timeand-materials portion of the contract or
order; establishing fixed prices for
portions of the requirement); and
(D) Describe the actions planned to
minimize the use of time-and-materials
contracts on future acquisitions for the
same requirements.
(ii) For indefinite-delivery contracts,
the contracting officer shall—
(A) Structure contracts that authorize
time-and-materials orders to also
authorize orders on a costreimbursement, incentive, or fixed-price
basis, to the maximum extent
practicable; and
(B) Execute the determination and
findings for—
(1) Each order placed on a time-andmaterials basis if the indefinite-delivery
contract also authorizes orders on a
cost-reimbursement, incentive, or fixedprice basis; or
(2) The basic contract if the indefinitedelivery contract only authorizes timeand-materials orders. The determination
and findings shall—
(i) Contain sufficient facts and
rationale to justify why orders on a costreimbursement, incentive, and fixedprice basis are not practicable; and
(ii) Be approved one level above the
contracting officer.
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(DFARS) to update the list of ‘‘least
developed’’ countries that are
designated as eligible countries under
the Trade Agreements Act, in
accordance with direction from the
United States Trade Representative.
DATES: Effective Date: November 24,
2008.
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D019.
SUPPLEMENTARY INFORMATION:
A. Background
The United States Trade
Representative has revised the list of
‘‘least developed’’ countries that are
designated as eligible countries under
the Trade Agreements Act (19 U.S.C.
2501, et seq.), to add Liberia and to
remove Cape Verde. This final rule
makes corresponding changes to the list
of designated countries in the clauses at
DFARS 252.225–7021, Trade
Agreements, and 252.225–7045, Balance
of Payments Program—Construction
Material Under Trade Agreements.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
252.212–7001
[Amended]
2. Section 252.212–7001 is amended
as follows:
■ a. By revising the clause date to read
‘‘(NOV 2008)’’; and
■ b. In paragraph (b)(9) by removing
‘‘(MAR 2007)’’ and adding in its place
‘‘(NOV 2008)’’.
■ 3. Section 252.225–7021 is amended
by revising the clause date and
paragraph (a)(3)(iii) to read as follows:
■
252.225–7021
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Trade Agreements.
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TRADE AGREEMENTS (NOV 2008)
(a) * * *
(3) * * *
(iii) A least developed country
(Afghanistan, Angola, Bangladesh, Benin,
Bhutan, Burkina Faso, Burundi, Cambodia,
Central African Republic, Chad, Comoros,
Democratic Republic of Congo, Djibouti, East
Timor, Equatorial Guinea, Eritrea, Ethiopia,
Gambia, Guinea, Guinea-Bissau, Haiti,
Kiribati, Laos, Lesotho, Liberia, Madagascar,
Malawi, Maldives, Mali, Mauritania,
Mozambique, Nepal, Niger, Rwanda, Samoa,
Sao Tome and Principe, Senegal, Sierra
Leone, Solomon Islands, Somalia, Tanzania,
Togo, Tuvalu, Uganda, Vanuatu, Yemen, or
Zambia); or
This rule will not have a significant
cost or administrative impact on
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment under
41 U.S.C. 418b is not required.
However, DoD will consider comments
from small entities concerning the
affected DFARS subparts in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2008–D019.
*
48 CFR Part 252
C. Paperwork Reduction Act
RIN 0750–AG08
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
BALANCE OF PAYMENTS
PROGRAM—CONSTRUCTION
MATERIAL UNDER TRADE
AGREEMENTS (NOV 2008)
[FR Doc. E8–27780 Filed 11–21–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Defense Federal Acquisition
Regulation Supplement; Least
Developed Countries That Are
Designated Countries DFARS Case
2008–D019
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
mstockstill on PROD1PC66 with RULES
70913
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
VerDate Aug<31>2005
19:21 Nov 21, 2008
Jkt 217001
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
■
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4. Section 252.225–7045 is amended
as follows:
■ a. By revising the clause date; and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’, by revising
paragraph (3) to read as follows:
■
252.225–7045 Balance of Payments
Program—Construction Material Under
Trade Agreements.
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(a) * * *
Designated country means—
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(3) A least developed country (Afghanistan,
Angola, Bangladesh, Benin, Bhutan, Burkina
Faso, Burundi, Cambodia, Central African
Republic, Chad, Comoros, Democratic
Republic of Congo, Djibouti, East Timor,
Equatorial Guinea, Eritrea, Ethiopia, Gambia,
Guinea, Guinea-Bissau, Haiti, Kiribati, Laos,
Lesotho, Liberia, Madagascar, Malawi,
Maldives, Mali, Mauritania, Mozambique,
Nepal, Niger, Rwanda, Samoa, Sao Tome and
E:\FR\FM\24NOR1.SGM
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70914
Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
Principe, Senegal, Sierra Leone, Solomon
Islands, Somalia, Tanzania, Togo, Tuvalu,
Uganda, Vanuatu, Yemen, or Zambia); or
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[FR Doc. E8–27781 Filed 11–21–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 20 and 21
[FWS–R9–MB–2008–0113; 91200–1231–
9BPP–L2]
RIN 1018–AI07
Migratory Bird Hunting and Permits;
Regulations for Managing Harvest of
Light Goose Populations
Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
AGENCY:
mstockstill on PROD1PC66 with RULES
SUMMARY: We, the U.S. Fish and
Wildlife Service, published a final rule
in the Federal Register on November 5,
2008, that sets forth regulations that
authorize measures to increase harvest
of certain populations of light geese,
revise the regulations for the
management of overabundant light
goose populations, and modify the
conservation order that will increase
take of birds from such populations.
That final rule contained errors in two
amendatory instructions and certain
corresponding text of the regulations;
one error would incorrectly remove
changes made to the regulations at 50
CFR part 20 in a series of final rules we
published concerning hunting methods
for resident Canada geese and the other
mischaracterizes the contents of subpart
E of 50 CFR part 21. This document
corrects those errors.
DATES: This rule is effective on
December 5, 2008.
FOR FURTHER INFORMATION CONTACT:
Robert Blohm, Chief, Division of
Migratory Bird Management, U.S. Fish
and Wildlife Service, 703–358–1714.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
19:21 Nov 21, 2008
Jkt 217001
Background
On November 5, 2008, we published
in the Federal Register (73 FR 65926) a
final rule to authorize measures to
increase harvest of certain populations
of light geese, revise the regulations for
the management of overabundant light
goose populations, and modify the
conservation order that will increase
take of birds from such populations.
That final rule contained errors in two
amendatory instructions and certain
corresponding text of the regulations, as
described below. This document
corrects those errors.
The first error, which appears within
and as a result of amendatory
instruction 2, would incorrectly remove
changes made to the regulations at 50
CFR part 20 in a series of final rules
concerning hunting methods for
resident Canada geese (71 FR 45963,
August 10, 2006; 72 FR 46403, August
20, 2007; 73 FR 65274, November 3,
2008). As published on November 5,
2008 (73 FR 65926), amendatory
instruction 2 would:
• Revise the introductory texts of 50
CFR 20.21(b) and (g), which we did not
intend to revise; and
• Remove 50 CFR 20.21(b)(1) and
(b)(2), and 50 CFR 20.21(g)(1) and (g)(2),
which we did not intend to remove.
The introductory texts of 50 CFR
20.21(b) and (g) provide the initial,
necessary structure for the
subparagraphs in those paragraphs.
Section 20.21(b)(1) and (g)(1) concern
light goose hunting methods and are
necessary subparagraphs to maintain a
clear and understandable structure for
§ 20.21(b) and (g). Section 20.21(b)(2)
and (g)(2) concern Canada goose
hunting methods and were put into
place by a series of final rules
concerning hunting methods for
resident Canada geese (71 FR 45963,
August 10, 2006; 72 FR 46403, August
20, 2007; 73 FR 65274, November 3,
2008). As corrected by this document,
amendatory instruction 2 and the
corresponding text of the regulations
now revise only § 20.21(b)(1) and (g)(1).
We retain the introductory texts of
paragraphs (b) and (g), as well as
subparagraphs (b)(2) and (g)(2).
PO 00000
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The second error, which appears in
amendatory instruction 6,
mischaracterizes the contents of subpart
E of 50 CFR part 21. As published on
November 5, 2008 (73 FR 65926),
amendatory instruction 6 states that
subpart E of part 21 contains only one
section: § 21.60. This statement is
incorrect. Subpart E of part 21 actually
contains two sections: §§ 21.60 and
21.61. We correct amendatory
instruction 6 to reflect this.
All other amendments to the
regulations at 50 CFR parts 20 and 21
made in the final rule published in the
Federal Register on November 5, 2008
(73 FR 65926), stand.
In rule FR Doc. E8–26171, published
on November 5, 2008 (73 FR 65926),
make the following corrections.
1. On page 65951, in the second
column, revise amendatory instruction 2
(and corresponding amendatory
language) to read as follows:
Revise paragraphs (b)(1) and (g)(1) of
§ 20.21 to read as follows:
§ 20.21
What hunting methods are illegal?
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(b) * * *
(1) A light-goose-only season (greater
and lesser snow geese and Ross’ geese)
when all other waterfowl and crane
hunting seasons, excluding falconry, are
closed.
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(g) * * *
(1) A light-goose-only season (greater
and lesser snow geese and Ross’ geese)
when all other waterfowl and crane
hunting seasons, excluding falconry, are
closed.
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2. On page 65951, in the third
column, revise amendatory instruction 6
to read as follows:
Revise § 21.60 of subpart E to read as
follows:
Dated: November 13, 2008.
Sara Prigan,
Fish and Wildlife Service, Federal Register
Liaison.
[FR Doc. E8–27700 Filed 11–21–08; 8:45 am]
BILLING CODE 4310–55–P
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]]>Agencies
[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70913-70914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27781]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AG08
Defense Federal Acquisition Regulation Supplement; Least
Developed Countries That Are Designated Countries DFARS Case 2008-D019
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update the list of ``least
developed'' countries that are designated as eligible countries under
the Trade Agreements Act, in accordance with direction from the United
States Trade Representative.
DATES: Effective Date: November 24, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2008-D019.
SUPPLEMENTARY INFORMATION:
A. Background
The United States Trade Representative has revised the list of
``least developed'' countries that are designated as eligible countries
under the Trade Agreements Act (19 U.S.C. 2501, et seq.), to add
Liberia and to remove Cape Verde. This final rule makes corresponding
changes to the list of designated countries in the clauses at DFARS
252.225-7021, Trade Agreements, and 252.225-7045, Balance of Payments
Program--Construction Material Under Trade Agreements.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2008-D019.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
252.212-7001 [Amended]
0
2. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(NOV 2008)''; and
0
b. In paragraph (b)(9) by removing ``(MAR 2007)'' and adding in its
place ``(NOV 2008)''.
0
3. Section 252.225-7021 is amended by revising the clause date and
paragraph (a)(3)(iii) to read as follows:
252.225-7021 Trade Agreements.
* * * * *
TRADE AGREEMENTS (NOV 2008)
(a) * * *
(3) * * *
(iii) A least developed country (Afghanistan, Angola,
Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central
African Republic, Chad, Comoros, Democratic Republic of Congo,
Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia,
Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia,
Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal,
Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone,
Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu,
Yemen, or Zambia); or
* * * * *
0
4. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date; and
0
b. In paragraph (a), in the definition of ``Designated country'', by
revising paragraph (3) to read as follows:
252.225-7045 Balance of Payments Program--Construction Material Under
Trade Agreements.
* * * * *
BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE
AGREEMENTS (NOV 2008)
(a) * * *
Designated country means--
* * * * *
(3) A least developed country (Afghanistan, Angola, Bangladesh,
Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African
Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti,
East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea,
Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar,
Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger,
Rwanda, Samoa, Sao Tome and
[[Page 70914]]
Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania,
Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
* * * * *
[FR Doc. E8-27781 Filed 11-21-08; 8:45 am]
BILLING CODE 5001-08-P
