Defense Federal Acquisition Regulation Supplement; Trade Agreements-Costa Rica and Peru (DFARS Case 2008-D046), 3179 [2010-934]

Download as PDF Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109–364) with regard to limitations on the performance of lead system integrator functions by DoD contractors. On January 28, 2008, Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181) placed additional limitations on DoD’s use of lead system integrators. A second interim rule was published on July 15, 2009, amending the first interim rule. One comment was received after the comment period closed. The comment concerned the definitions of lead system integrator with system responsibility and lead system integrator without system responsibility. The comment was addressed in the interim rule published on July 15, 2009. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies 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., because application of the rule is limited to contractors performing lead system integrator functions for major DoD systems. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes do not impose 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 Parts 209, 237 and 252 Government procurement. Amy G. Williams, Editor, Defense Acquisition Regulations System. Accordingly, the interim rule amending 48 CFR Parts 209, 237, and 252, which was published at 74 FR 34268 on July 15, 2009, is adopted as a final rule without change. ■ pwalker on DSK8KYBLC1PROD with RULES [FR Doc. 2010–888 Filed 1–19–10; 8:45 am] BILLING CODE 5001–08–P VerDate Nov<24>2008 15:59 Jan 19, 2010 Jkt 220001 3179 DEPARTMENT OF DEFENSE B. Regulatory Flexibility Act Defense Acquisition Regulations System DoD certifies that this 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 DoD acquisition to the products of Costa Rica and Peru, DoD does not estimate a significant economic impact on U.S. small businesses. DoD applies the trade agreements to only those non-defense items listed at DFARS 225.401–70, and acquisitions that are set aside for small businesses are exempt from application of the trade agreements. No public comments were received relating to the burden on small businesses. 48 CFR Parts 225 and 252 RIN 0750–AG31 Defense Federal Acquisition Regulation Supplement; Trade Agreements—Costa Rica and Peru (DFARS Case 2008–D046) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD is converting the interim rule issued on July 29, 2009 (74 FR 37650) to a final rule without change. The interim rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the Dominican Republic—Central America—United States Free Trade Agreement with respect to Costa Rica, and the United States-Peru Trade Promotion Agreement. The trade agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials and specify procurement procedures designed to ensure fairness. DATES: Effective date: January 20, 2010. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD(AT&L)DPAP (DARS), 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060. Telephone 703–602–0328; facsimile 703–602–0305. Please cite DFARS Case 2008–D046. SUPPLEMENTARY INFORMATION: A. Background This finalizes, without change, the interim rule that implemented the Dominican Republic—Central America—United States Free Trade Agreement with respect to Costa Rica and the United States-Peru Trade Promotion Agreement. The trade agreements waive the applicability of the Buy American Act for DoD acquisition of some foreign supplies and construction materials from Costa Rica and Peru and specify procurement procedures designed to ensure fairness. In addition, the interim rule amended DFARS 225.003 to exclude Oman from the definition of ‘‘Free Trade Agreement country’’ for purposes of DoD acquisitions. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. PO 00000 Frm 00055 Fmt 4700 Sfmt 9990 C. Paperwork Reduction Act The interim rule affected the certification and information collection requirements in the provisions at DFARS 252.225–7020 and 252.225– 7035, currently approved under Office of Management and Budget Control Number 0704–0229. The impact, however, was negligible. List of Subjects in 48 CFR Parts 225 and 252 Government procurement. Amy G. Williams, Editor, Defense Acquisition Regulations System. PARTS 225 AND 252—[AMENDED] Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 225 and 252, which was published at 74 FR 37650 on July 29, 2009, is adopted as a final rule without change. ■ [FR Doc. 2010–934 Filed 1–19–10; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\20JAR1.SGM 20JAR1

Agencies

[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Page 3179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-934]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AG31


Defense Federal Acquisition Regulation Supplement; Trade 
Agreements--Costa Rica and Peru (DFARS Case 2008-D046)

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

ACTION: Final rule.

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

SUMMARY: DoD is converting the interim rule issued on July 29, 2009 (74 
FR 37650) to a final rule without change. The interim rule amended the 
Defense Federal Acquisition Regulation Supplement (DFARS) to implement 
the Dominican Republic--Central America--United States Free Trade 
Agreement with respect to Costa Rica, and the United States-Peru Trade 
Promotion Agreement. The trade agreements waive the applicability of 
the Buy American Act for some foreign supplies and construction 
materials and specify procurement procedures designed to ensure 
fairness.

DATES: Effective date: January 20, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP (DARS), 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060. Telephone 703-602-0328; facsimile 
703-602-0305. Please cite DFARS Case 2008-D046.

SUPPLEMENTARY INFORMATION:

A. Background

    This finalizes, without change, the interim rule that implemented 
the Dominican Republic--Central America--United States Free Trade 
Agreement with respect to Costa Rica and the United States-Peru Trade 
Promotion Agreement. The trade agreements waive the applicability of 
the Buy American Act for DoD acquisition of some foreign supplies and 
construction materials from Costa Rica and Peru and specify procurement 
procedures designed to ensure fairness.
    In addition, the interim rule amended DFARS 225.003 to exclude Oman 
from the definition of ``Free Trade Agreement country'' for purposes of 
DoD acquisitions.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this 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 DoD acquisition to the products of Costa Rica and Peru, DoD 
does not estimate a significant economic impact on U.S. small 
businesses. DoD applies the trade agreements to only those non-defense 
items listed at DFARS 225.401-70, and acquisitions that are set aside 
for small businesses are exempt from application of the trade 
agreements. No public comments were received relating to the burden on 
small businesses.

C. Paperwork Reduction Act

    The interim rule affected the certification and information 
collection requirements in the provisions at DFARS 252.225-7020 and 
252.225-7035, currently approved under Office of Management and Budget 
Control Number 0704-0229. The impact, however, was negligible.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

PARTS 225 AND 252--[AMENDED]

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 225 and 252, which 
was published at 74 FR 37650 on July 29, 2009, is adopted as a final 
rule without change.

[FR Doc. 2010-934 Filed 1-19-10; 8:45 am]
BILLING CODE 5001-08-P