Federal Acquisition Regulation; FAR Case 2009-014, New Designated Country-Taiwan, 34282 [2010-14173]

Download as PDF 34282 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION B. Regulatory Flexibility Act NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 22, 25, and 52 [FAC 2005–42; FAR Case 2009–014; Item VII; Docket 2009—0027, Sequence 1] RIN 9000–AL34 Federal Acquisition Regulation; FAR Case 2009–014, New Designated Country—Taiwan AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to add Taiwan (known in the World Trade Organization as ‘‘the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei))’’ as a designated country, due to the accession of Taiwan to membership in the World Trade Organization Agreement on Government Procurement. DATES: Effective Date: June 16, 2010. FOR FURTHER INFORMATION CONTACT: Ms. Lori Sakalos, Procurement Analyst, at (202) 208–0498, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–42, FAR Case 2009–014. SUPPLEMENTARY INFORMATION: sroberts on DSKD5P82C1PROD with RULES SUMMARY: A. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 74 FR 40461 on August 11, 2009. On July 15, 2009, Taiwan became a designated country based on its accession to the World Trade Organization Agreement on Government Procurement. The interim rule added Taiwan to the list of World Trade Organization Government Procurement Agreement countries in FAR sections 22.1503, 25.003, 52.222–19, 52.225–5, 52.225–11, and 52.225–23. No comments were received as a result of the interim rule. This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 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., because, although this rule opens up Government procurement to the goods and services of Taiwan, 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. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 25 [FAC 2005–42; FAR Case 2009–013; Item VIII; Docket 2009–0026; Sequence 1] RIN 9000–AL40 Federal Acquisition Regulation; FAR Case 2009–013, Nonavailable Articles AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; because the final rule affects the certification and information collection requirement in the provision at FAR 52.225–11 currently approved under OMB Control Number 9000–0141, Buy American Act—Construction. The impact, however, is negligible. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to revise the list of articles determined to be domestically nonavailable. DATES: List of Subjects in 48 CFR Parts 22, 25, and 52 Government procurement. Dated: June 2, 2010. Edward Loeb, Acting Director, Acquisition Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52, which was published in the Federal Register at 74 FR 40461 on August 11, 2009, is adopted as a final rule without change. ■ [FR Doc. 2010–14173 Filed 6–15–10; 8:45 am] BILLING CODE 6820–EP–S PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 Effective Date: July 16, 2010. For clarification of content, contact Cecelia L. Davis, Procurement Analyst, at (202) 219–0202. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–42, FAR Case 2009–013. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: A. Background The Buy American Act does not apply with respect to articles, materials, or supplies if articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. A domestic nonavailability determination has been made for the articles listed in FAR 25.104(a). As stated at FAR 25.103, this determination does not necessarily mean that there is no domestic source for the listed items, but that domestic sources can only meet 50 percent or less of total U.S. Government and nongovernment demand. Before acquisition of an article on the list, the procuring agency is responsible for conducting market research appropriate to the circumstances, including seeking domestic sources. E:\FR\FM\16JNR3.SGM 16JNR3

Agencies

[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Page 34282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14173]



[[Page 34282]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25, and 52

[FAC 2005-42; FAR Case 2009-014; Item VII; Docket 2009--0027, Sequence 
1]
RIN 9000-AL34


Federal Acquisition Regulation; FAR Case 2009-014, New Designated 
Country--Taiwan

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 adopted as final, 
without change, an interim rule amending the Federal Acquisition 
Regulation (FAR) to add Taiwan (known in the World Trade Organization 
as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu 
(Chinese Taipei))'' as a designated country, due to the accession of 
Taiwan to membership in the World Trade Organization Agreement on 
Government Procurement.

DATES: Effective Date: June 16, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Lori Sakalos, Procurement Analyst, 
at (202) 208-0498, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-42, FAR Case 2009-
014.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 74 FR 40461 on August 11, 2009. On July 15, 2009, Taiwan 
became a designated country based on its accession to the World Trade 
Organization Agreement on Government Procurement. The interim rule 
added Taiwan to the list of World Trade Organization Government 
Procurement Agreement countries in FAR sections 22.1503, 25.003, 
52.222-19, 52.225-5, 52.225-11, and 52.225-23. No comments were 
received as a result of the interim rule.
    This is a significant regulatory action and, therefore, was 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., because, although this rule 
opens up Government procurement to the goods and services of Taiwan, 
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.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; because the final rule 
affects the certification and information collection requirement in the 
provision at FAR 52.225-11 currently approved under OMB Control Number 
9000-0141, Buy American Act--Construction. The impact, however, is 
negligible.

List of Subjects in 48 CFR Parts 22, 25, and 52

    Government procurement.

    Dated: June 2, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52, 
which was published in the Federal Register at 74 FR 40461 on August 
11, 2009, is adopted as a final rule without change.
[FR Doc. 2010-14173 Filed 6-15-10; 8:45 am]
BILLING CODE 6820-EP-S