Defense Federal Acquisition Regulation Supplement; World Trade Organization Government Procurement Agreement Designated Country, 61045-61046 [E9-27846]

Download as PDF Federal Register / Vol. 74, No. 224 / Monday, November 23, 2009 / Rules and Regulations Alternate II (NOV 2009) DEPARTMENT OF DEFENSE As prescribed in 227.7103–6(b)(2), add the following paragraphs (a)(16) and (b)(7) to the basic clause: (a)(16) ‘‘Vessel design’’ means the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and the exterior surface shape of all external shipboard equipment and systems. The term includes designs covered by 10 U.S.C. 7317, and designs protectable under 17 U.S.C. 1301, et seq. (b)(7) Vessel designs. For a vessel design (including a vessel design embodied in a useful article) that is developed or delivered under this contract, the Government shall have the right to make and have made any useful article that embodies the vessel design, to import the article, to sell the article, and to distribute the article for sale or to use the article in trade, to the same extent that the Government is granted rights in the technical data pertaining to the vessel design. Defense Acquistion Regulations System 8. Section 252.227–7015 is amended in the introductory text by removing ‘‘227.7102–3’’ and adding in its place ‘‘227.7102–3(a)(1)’’; and adding Alternate I to read as follows: ■ 252.227–7015 Technical data— Commercial items. * * * * * Alternate I (NOV 2009) As prescribed in 227.7102–3(a)(2), add the following paragraphs (a)(5) and (b)(3) to the basic clause: (a)(5) ‘‘Vessel design’’ means the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and the exterior surface shape of all external shipboard equipment and systems. The term includes designs covered by 10 U.S.C. 7317, and designs protectable under 17 U.S.C. 1301, et seq. (b)(3) Vessel designs. For a vessel design (including a vessel design embodied in a useful article) that is developed or delivered under this contract, the Government shall have the right to make and have made any useful article that embodies the vessel design, to import the article, to sell the article, and to distribute the article for sale or to use the article in trade, to the same extent that the Government is granted rights in the technical data pertaining to the vessel design. erowe on DSK5CLS3C1PROD with RULES [FR Doc. E9–27844 Filed 11–20–09; 8:45 am] BILLING CODE 5001–08–P VerDate Nov<24>2008 15:09 Nov 20, 2009 Jkt 220001 SUPPLEMENTARY INFORMATION: 48 CFR Part 252 [DFARS Case 2009–D010] Defense Federal Acquisition Regulation Supplement; World Trade Organization Government Procurement Agreement Designated Country AGENCY: Defense Acqusition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Taiwan as a designated country to the list of World Trade Organization Government Procurement Agreement designated countries in the trade agreements provisions and clauses in part 252, due to the accession of Taiwan to the World Trade Organization Government Procurement Agreement. DATES: Effective Date: November 23, 2009. Comment date: Comments on the interim rule should be submitted to the address shown below on or before January 22, 2010, to be considered in the formulation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2009–D010, using any of the following methods: Æ Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Æ E-mail: dfars@osd.mil. Include DFARS Case 2009–D010 in the subject line of the message. Æ Fax: 703–602–7887. Æ Mail: Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Æ Hand Delivery/Courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. 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 2009–D010. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 61045 A. Background On July 15, 2009, Taiwan became a party to the World Trade Organization Government Procurement Agreement. This interim rule adds Taiwan to the list of World Trade Organization Government Procurement Agreement countries in the definition of ‘‘designated country’’ in the trade agreements provisions and clauses in part 252. Taiwan is known in the World Trade Organization as ‘‘the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu’’ (Chinese Taipei). In accordance with 22 U.S.C. 3303(b)(1), it is appropriate to treat Taiwan as a country for purposes of this regulation. This rule was subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD does not expect this 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. Although the rule opens up Government procurement to the products of Taiwan, DoD does not believe there will be a significant economic impact on U.S. small businesses. DoD only applies the trade agreements to acquisitions of those non-defense items listed at DFARS 225.401–70, and acquisitions of supplies that are set aside for small businesses are exempt. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2009–D010. C. Paperwork Reduction Act Although this rule does not make any direct change to the provision at DFARS 252.225–7020, this interim rule does affect the certification and information collection requirements in that provision, which is currently approved under Office of Management and Budget Control Number 0704–0229. DFARS 252.225–7020(a) references the definition of ‘‘designated country’’ in the clause at DFARS 252.225–7021, which has been changed by this rule to include Taiwan. The impact, however, is negligible. E:\FR\FM\23NOR1.SGM 23NOR1 61046 Federal Register / Vol. 74, No. 224 / Monday, November 23, 2009 / Rules and Regulations Matsu’’ (Chinese Taipei)), or the United Kingdom); D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements the accession of Taiwan to the World Trade Organization Government Procurement Agreement. This action is necessary because the designation of Taiwan under the World Trade Organization Government Procurement Agreement took effect on July 15, 2009. Comments received in response to this interim rule will be considered in the formation of the final rule. * * * * * 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 (1) to read as follows: ■ 252.225–7045 Balance of Payments Program—Construction Material Under Trade Agreements. * * Government procurement. Therefore, 48 CFR part 252 is amended as follows: ■ 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. * [Amended] 2. Section 252.212–7001 is amended as follows: ■ a. By revising the clause date to read ‘‘(NOV 2009)’’; and ■ b. In paragraph (b)(11) by removing ‘‘(12JUL 2009)’’ and adding in its place ‘‘(NOV 2009)’’. ■ 3. Section 252.225–7021 is amended by revising the clause date and paragraph (a)(3)(i) to read as follows: * * * erowe on DSK5CLS3C1PROD with RULES TRADE AGREEMENTS (NOV 2009) (a) * * * (3) * * * (i) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as ‘‘the Separate Customs Territory of Taiwan, Penghu, Kinmen, and VerDate Nov<24>2008 15:09 Nov 20, 2009 * * * * * * * * Jkt 220001 BILLING CODE 5001–08–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 0907231161–91399–02] RIN 0648–AY08 Trade Agreements. * * [FR Doc. E9–27846 Filed 11–20–09; 8:45 am] ■ * * (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as ‘‘the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu’’ (Chinese Taipei)), or the United Kingdom); Amy G. Williams, Editor, Defense Acquisition Regulations System. 252.225–7021 * (a) * * * ‘‘Designated country’’ means— List of Subjects in 48 CFR Part 252 252.212–7001 * BALANCE OF PAYMENTS PROGRAM—CONSTRUCTION MATERIAL UNDER TRADE AGREEMENTS (NOV 2009) International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Longline and Purse Seine Fisheries in the Eastern Pacific Ocean in 2009, 2010, and 2011 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act of 1950 (Act) to implement a decision of the Inter-American Tropical Tuna Commission (IATTC). That decision requires, among other things, that PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 members of the IATTC, including the United States, ensure that catches in the eastern Pacific Ocean (EPO) of bigeye tuna (Thunnus obesus) by longline vessels greater than 24 meters in length do not exceed specified levels in each of the years 2009, 2010, and 2011, and that purse seine vessels class size 4–6 do not fish in the EPO during established closure periods. This action is necessary for the United States to satisfy its obligations under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission (Convention), to which it is a Contracting Party. DATES: These regulations become effective on November 21, 2009. ADDRESSES: Copies of supporting documents that were prepared for this final rule, including the environmental assessment (EA) and proposed rule, are available via the Federal e-Rulemaking portal, at https://www.regulations.gov. Those documents are also available from the Regional Administrator, Rodney R. McInnis, NMFS Southwest Regional Office, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802. The initial regulatory flexibility analysis (IRFA) and final regulatory flexibility analysis (FRFA) prepared for this rule are included in the proposed rule and this final rule, respectively. FOR FURTHER INFORMATION CONTACT: Heidi Hermsmeyer, NMFS SWR, 562– 980–4036. SUPPLEMENTARY INFORMATION: On October 19, 2009, NMFS published a proposed rule in the Federal Register (74 FR 53455) that would revise regulations at 50 CFR part 300, subpart C, in order to implement certain decisions of the IATTC. The proposed rule was open to public comment through November 9, 2009. As a Contracting Party to the Convention and a Member of the IATTC, the United States is legally bound to implement the decisions of the IATTC. The Act (16 U.S.C. 951–961 and 971 et seq.) authorizes the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the Department in which the United States Coast Guard (USCG) is operating (currently the Department of Homeland Security), to promulgate such regulations as may be necessary to carry out the obligations of the United States under the Convention, including the decisions of the IATTC. The authority to promulgate regulations has been delegated to NMFS. At its Eightieth Meeting, in June 2009, the IATTC adopted the Resolution on a Multiannual Program for the Conservation of Tuna in the Eastern E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Rules and Regulations]
[Pages 61045-61046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27846]


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DEPARTMENT OF DEFENSE

Defense Acquistion Regulations System

48 CFR Part 252

[DFARS Case 2009-D010]


Defense Federal Acquisition Regulation Supplement; World Trade 
Organization Government Procurement Agreement Designated Country

AGENCY: Defense Acqusition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule with request for comments.

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

SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add Taiwan as a designated 
country to the list of World Trade Organization Government Procurement 
Agreement designated countries in the trade agreements provisions and 
clauses in part 252, due to the accession of Taiwan to the World Trade 
Organization Government Procurement Agreement.

DATES: Effective Date: November 23, 2009.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before January 22, 2010, to be considered 
in the formulation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2009-D010, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2009-D010 in the 
subject line of the message.
    [cir] Fax: 703-602-7887.
    [cir] Mail: Defense Acquisition Regulations Council, Attn: Ms. Amy 
Williams, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.

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 2009-D010.

SUPPLEMENTARY INFORMATION:

A. Background

    On July 15, 2009, Taiwan became a party to the World Trade 
Organization Government Procurement Agreement. This interim rule adds 
Taiwan to the list of World Trade Organization Government Procurement 
Agreement countries in the definition of ``designated country'' in the 
trade agreements provisions and clauses in part 252.
    Taiwan is known in the World Trade Organization as ``the Separate 
Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese 
Taipei). In accordance with 22 U.S.C. 3303(b)(1), it is appropriate to 
treat Taiwan as a country for purposes of this regulation.
    This rule was subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this 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. Although the rule 
opens up Government procurement to the products of Taiwan, DoD does not 
believe there will be a significant economic impact on U.S. small 
businesses. DoD only applies the trade agreements to acquisitions of 
those non-defense items listed at DFARS 225.401-70, and acquisitions of 
supplies that are set aside for small businesses are exempt. Therefore, 
DoD has not performed an initial regulatory flexibility analysis.
    DoD invites comments from small businesses and other interested 
parties. DoD also will consider comments from small entities concerning 
the affected DFARS subparts in accordance with 5 U.S.C. 610. Such 
comments should be submitted separately and should cite DFARS Case 
2009-D010.

C. Paperwork Reduction Act

    Although this rule does not make any direct change to the provision 
at DFARS 252.225-7020, this interim rule does affect the certification 
and information collection requirements in that provision, which is 
currently approved under Office of Management and Budget Control Number 
0704-0229. DFARS 252.225-7020(a) references the definition of 
``designated country'' in the clause at DFARS 252.225-7021, which has 
been changed by this rule to include Taiwan. The impact, however, is 
negligible.

[[Page 61046]]

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements the accession of Taiwan to the World Trade 
Organization Government Procurement Agreement. This action is necessary 
because the designation of Taiwan under the World Trade Organization 
Government Procurement Agreement took effect on July 15, 2009. Comments 
received in response to this interim rule will be considered in the 
formation of the final rule.

List of Subjects in 48 CFR Part 252

    Government procurement.

Amy G. Williams,
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 2009)''; and
0
b. In paragraph (b)(11) by removing ``(12JUL 2009)'' and adding in its 
place ``(NOV 2009)''.

0
3. Section 252.225-7021 is amended by revising the clause date and 
paragraph (a)(3)(i) to read as follows:


252.225-7021  Trade Agreements.

* * * * *
TRADE AGREEMENTS (NOV 2009)
    (a) * * *
    (3) * * *
    (i) A World Trade Organization Government Procurement Agreement 
(WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, 
Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, 
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, 
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known 
in the World Trade Organization as ``the Separate Customs Territory 
of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the 
United Kingdom);
* * * * *

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 (1) 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 2009)
    (a) * * *
    ``Designated country'' means--
* * * * *
    (1) A World Trade Organization Government Procurement Agreement 
(WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, 
Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, 
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, 
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known 
in the World Trade Organization as ``the Separate Customs Territory 
of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the 
United Kingdom);
* * * * *
[FR Doc. E9-27846 Filed 11-20-09; 8:45 am]
BILLING CODE 5001-08-P
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