Defense Federal Acquisition Regulation Supplement; Definition of “Qualifying Country End Product” (DFARS Case 2011-D028), 61282-61284 [2011-25234]
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61282
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
the Government official specified in the
contract for the purposes of conducting
a background check; and
(B) Deny access or immediately
remove any individual(s) from the
vessel deemed unsuitable for any reason
by Military Sealift Command Force
Protection personnel. The Contractor
agrees to replace any such individual
promptly and require such replacements
to fully comply with all screening
requirements.
(ii) The head of the contracting
activity may waive this requirement if
the individual possesses a valid U.S.
Merchant Mariner’s Document issued
under 46 U.S.C. chapter 73, or a
transportation security card issued
under section 70105 of such title.
*
*
*
*
*
[FR Doc. 2011–25233 Filed 10–3–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AH21
Defense Federal Acquisition
Regulation Supplement; Definition of
‘‘Qualifying Country End Product’’
(DFARS Case 2011–D028)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise the definition of
‘‘qualifying country end product.’’ This
final rule eliminates the component test
for qualifying country end products that
are commercially available off-the-shelf
items.
DATES: Effective date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT:
Amy G. Williams, telephone 703–602–
0328.
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 76 FR 32845 on June
6, 2011, to amend the definition of
qualifying country end product. One
comment was received in response to
the proposed rule.
II. Discussion and Analysis of Public
Comment
Comment: The respondent stated that
we need to define ‘‘commercially
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16:51 Oct 03, 2011
Jkt 226001
available off-the-shelf item’’ or reference
the definition in the FAR, because there
is nothing that says that the definitions
in the FAR necessarily apply to the
DFARS.
Response: The DFARS implements
and supplements the FAR (see FAR
subpart 1.3). Unless the DFARS
specifically makes a statement to the
contrary, everything in the FAR is the
basis upon which the DFARS is built.
No change to the rule is necessary on
the basis of this comment.
III. Other Changes
As a technical update, the more recent
definition of ‘‘qualifying country’’ in
225.003 is incorporated in two of the
clauses changed by the final rule, rather
than citing to the list of qualifying
countries at 225.872–1. This has no
practical impact, because the two lists
contain the same countries. The
definition was added to DFARS 225.003
to reduce confusion, because the list at
DFARS 225.872–1 is split into two
paragraphs, (a) and (b), which
sometimes leads to misinterpretation of
the status of countries that are listed in
paragraph (b).
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Regulatory Flexibility Act
DoD certifies that this rule will not
have a significant impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule only affects
manufacturers of COTS items in
qualifying countries, removing an
administrative burden for the qualifying
country manufacturer and the
Government personnel acquiring the
items. No domestic entities will be
impacted by this rule. For the definition
of ‘‘small business,’’ the Regulatory
Flexibility Act refers to the Small
PO 00000
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Fmt 4700
Sfmt 4700
Business Act, which in turn allows the
U.S. Small Business Administration
(SBA) Administrator to specify detailed
definitions or standards (5 U..S.C 601(3)
and 15 U.S.C. 632(a)). The SBA
regulations at 13 CFR 121.105 discuss
who is a small business: ‘‘(a)(1) Except
for small agricultural cooperatives, a
business concern eligible for assistance
from SBA as a small business is a
business entity organized for profit,
with a place of business located in the
United States, and which operates
primarily within the United States or
which makes a significant contribution
to the U.S. economy through payment of
taxes or use of American products,
materials or labor.’’
The comparable change has already
been enacted for the benefit of U.S.
manufacturers of COTS items.
VI. Paperwork Reduction Act
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. (chapter 35).
List of Subjects in 48 CFR Part 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
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. 1303 and 48 CFR
chapter 1.
252.212–7001
[Amended]
2. Amend section 252.212–7001 as
follows:
■ a. Remove the clause date ‘‘(SEP
2011)’’ and add in its place ‘‘(OCT
2011)’’;
■ b. In paragraph (b)(6)(i), remove the
clause date ‘‘(JAN 2009)’’ and add in its
place ‘‘(OCT 2011)’’ and in paragraph
(b)(6)(ii), remove the clause date ‘‘(DEC
2010)’’ and add in its place ‘‘(OCT
2011)’’;
■ c. In paragraph (b)(12)(i), remove the
clause date ‘‘(JUN 2011)’’ and add in its
place ‘‘(OCT 2011)’’, in paragraph
(b)(12)(ii), remove the clause date ‘‘(SEP
2008)’’ and add in its place ‘‘(OCT
2011)’’, and in paragraph (b)(12)(iii),
remove the clause date ‘‘(DEC 2010)’’
and add in its place ‘‘(OCT 2011)’’; and
■ d. In paragraph (b)(15)(i), remove the
clause date ‘‘(DEC 2010)’’ and add in its
■
E:\FR\FM\04OCR1.SGM
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
place ‘‘(OCT 2011)’’, in paragraph
(b)(15)(ii), remove the clause date ‘‘(JUL
2009)’’ and add in its place ‘‘(OCT
2011)’’, and in paragraphs (b)(15)(iii)
and (b)(15)(iv), remove the clause date
‘‘(DEC 2010)’’ and add in its place
‘‘(OCT 2011)’’.
3. Amend section 252.225–7001 as
follows:
■ a. Remove the clause date ‘‘(SEP
2011)’’ and add in its place ‘‘(OCT
2011)’’;
■ b. In paragraph (a), remove the
number preceding each definition and
revise the definitions for ‘‘Qualifying
country’’ and ‘‘Qualifying country end
product;
■ c. In Alternate I, remove the clause
date ‘‘(DEC 2010)’’ and add in its place
‘‘(OCT 2011)’’ and in paragraph (a),
remove the numbers preceding each
definition.
■
252.225–7001 Buy American Act and
Balance of Payments Program.
sroberts on DSK5SPTVN1PROD with RULES
*
*
*
*
*
(a) * * *
Qualifying country means a country
with a reciprocal defense procurement
memorandum of understanding or
international agreement with the United
States in which both countries agree to
remove barriers to purchases of supplies
produced in the other country or
services performed by sources of the
other country, and the memorandum or
agreement complies, where applicable,
with the requirements of section 36 of
the Arms Export Control Act (22 U.S.C.
2776) and with 10 U.S.C. 2457.
Accordingly, the following are
qualifying countries:
Australia, Austria, Belgium, Canada,
Denmark, Egypt, Finland, France,
Germany, Greece, Israel, Italy,
Luxembourg, Netherlands, Norway,
Portugal, Spain, Sweden, Switzerland,
Turkey, United Kingdom of Great
Britain and Northern Ireland.
*
*
*
*
*
Qualifying country end product
means—
(i) An unmanufactured end product
mined or produced in a qualifying
country; or
(ii) An end product manufactured in
a qualifying country if—
(A) The cost of the following types of
components exceeds 50 percent of the
cost of all its components:
(1) Components mined, produced, or
manufactured in a qualifying country.
(2) Components mined, produced, or
manufactured in the United States.
(3) Components of foreign origin of a
class or kind for which the Government
has determined that sufficient and
reasonably available commercial
VerDate Mar<15>2010
16:51 Oct 03, 2011
Jkt 226001
quantities of a satisfactory quality are
not mined, produced, or manufactured
in the United States; or
(B) The end product is a COTS item.
*
*
*
*
*
4. Amend section 252.225–7021 as
follows:
■ a. Remove the clause date ‘‘(JUN
2011)’’ and add in its place ‘‘(OCT
2011)’’;
■ b. In paragraph (a), remove the
number preceding each definition, add
in alphabetical order the definition for
‘‘Commercially available off-the-shelf
(COTS) item’’, and revise the definitions
for ‘‘Qualifying country’’ and
‘‘Qualifying country end product;
■ c. In Alternate I, revise the clause
date, revise the introductory text, and,
in paragraph (a), remove the number
preceding the definition;
d. In Alternate II, remove the clause
date ‘‘(DEC 2010)’’ and add in its place
‘‘(OCT 2011)’’ and, in paragraph (a),
remove the numbers preceding the
definitions.
■
252.225–7021
Trade Agreements.
*
*
*
*
*
(a) * * *
Commercially available off-the-shelf
(COTS) item. (i) Means any item of
supply (including construction material)
that is—
(A) A commercial item (as defined in
paragraph (1) of the definition of
‘‘commercial item’’ in section 2.101 of
the Federal Acquisition Regulation);
(B) Sold in substantial quantities in
the commercial marketplace; and
(C) Offered to the Government, under
a contract or subcontract at any tier,
without modification, in the same form
in which it is sold in the commercial
marketplace; and
(ii) Does not include bulk cargo, as
defined in section 4 of the Shipping Act
of 1984 (46 U.S.C. 40102), such as
agricultural products and petroleum
products.
*
*
*
*
*
Qualifying country means a country
with a reciprocal defense procurement
memorandum of understanding or
international agreement with the United
States in which both countries agree to
remove barriers to purchases of supplies
produced in the other country or
services performed by sources of the
other country, and the memorandum or
agreement complies, where applicable,
with the requirements of section 36 of
the Arms Export Control Act (22 U.S.C.
2776) and with 10 U.S.C. 2457.
Accordingly, the following are
qualifying countries:
Australia, Austria, Belgium, Canada,
Denmark, Egypt, Finland, France,
PO 00000
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Fmt 4700
Sfmt 4700
61283
Germany, Greece, Israel, Italy,
Luxembourg, Netherlands, Norway,
Portugal, Spain, Sweden, Switzerland,
Turkey, United Kingdom of Great
Britain and Northern Ireland.
Qualifying country end product
means—
(i) An unmanufactured end product
mined or produced in a qualifying
country; or
(ii) An end product manufactured in
a qualifying country if—
(A) The cost of the following types of
components exceeds 50 percent of the
cost of all its components:
(1) Components mined, produced, or
manufactured in a qualifying country.
(2) Components mined, produced, or
manufactured in the United States.
(3) Components of foreign origin of a
class or kind for which the Government
has determined that sufficient and
reasonably available commercial
quantities of a satisfactory quality are
not mined, produced, or manufactured
in the United States; or
(B) The end product is a COTS item.
*
*
*
*
*
ALTERNATE I (OCT 2011)
As prescribed in 225.1101(6)(ii), add
the following definition to paragraph (a)
of the basic clause and substitute the
following paragraph (c) for paragraph (c)
of the basic clause:
*
*
*
*
*
5. Amend section 252.225–7036 as
follows:
■ a. Remove the clause date ‘‘(DEC
2010)’’ and add in its place ‘‘(OCT
2011)’’;
■ b. In paragraph (a), remove the
numbers preceding the definitions and
revise the definition for ‘‘Qualifying
country end product’’;
■ c. In Alternate I, revise the clause
date, revise the introductory text, and,
in paragraph (a), remove the number
preceding the definition; and
■ d. In Alternates II and III, remove the
clause date ‘‘(DEC 2010)’’ and add in its
place ‘‘(OCT 2011)’’ and in paragraph
(a), remove the numbers preceding the
definitions.
■
252.225–7036 Buy American Act—Free
Trade Agreements—Balance of Payments
Program.
*
*
*
*
*
(a) * * *
Qualifying country end product
means—
(i) An unmanufactured end product
mined or produced in a qualifying
country; or
(ii) An end product manufactured in
a qualifying country if—
E:\FR\FM\04OCR1.SGM
04OCR1
61284
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
(A) The cost of the following types of
components exceeds 50 percent of the
cost of all its components:
(1) Components mined, produced, or
manufactured in a qualifying country.
(2) Components mined, produced, or
manufactured in the United States.
(3) Components of foreign origin of a
class or kind for which the Government
has determined that sufficient and
reasonably available commercial
quantities of a satisfactory quality are
not mined, produced, or manufactured
in the United States; or
(B) The end product is a COTS item.
*
*
*
*
*
ALTERNATE I (OCT 2011)
As prescribed in 225.1101(11)(i)(B),
add the following definition to
paragraph (a) and substitute the
following paragraph (c) for paragraph (c)
of the basic clause:
*
*
*
*
*
[FR Doc. 2011–25234 Filed 10–3–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
RIN 0648–XA701
Accountability Measures and Reduced
Season for the South Atlantic
Recreational Sector of Golden Tilefish
for the 2011 Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS implements
accountability measures (AMs) for the
recreational sector of golden tilefish in
the South Atlantic for the 2011 fishing
year through this temporary final rule.
This rule reduces the length of the 2011
recreational fishing season for golden
tilefish based on the 2010 recreational
annual catch limit (ACL) overage, and as
a result closes the recreational sector.
This action is necessary to reduce
overfishing of the South Atlantic golden
tilefish resource.
DATES: This rule is effective October 6,
2011 until 12:01 a.m., local time on
January 1, 2012.
ADDRESSES: Copies of the final rule for
Amendment 17B, the Environmental
Assessment for Amendment 17B, and
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:51 Oct 03, 2011
Jkt 226001
other supporting documentation may be
obtained from Catherine Bruger, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701;
telephone: 727–824–5305.
FOR FURTHER INFORMATION CONTACT:
Catherine Bruger, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Catherine.Bruger@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). Golden tilefish are
managed under this FMP. The FMP was
prepared by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Background
The 2006 reauthorization of the
Magnuson-Stevens Act implemented
new requirements that ACLs and AMs
be established to end overfishing and
prevent overfishing from occurring.
AMs are management controls to
prevent ACLs from being exceeded, and
to correct or mitigate overages of the
ACL if they occur.
On December 30, 2010, NMFS issued
a final rule (75 FR 82280) to implement
Amendment 17B to the FMP
(Amendment 17B). Amendment 17B
established ACLs for eight snappergrouper species in the FMP that are
undergoing overfishing, including
golden tilefish, and AMs to be
implemented if these ACLs are reached
or exceeded.
The recreational ACL for golden
tilefish, implemented through
Amendment 17B, is 1,578 fish. In
accordance with regulations at 50 CFR
622.49(b)(1)(ii), if the ACL is exceeded,
the Regional Administrator (RA) will
publish a notice to reduce the length of
the following fishing season by the
amount necessary to ensure landings do
not exceed the recreational sector ACL
in the following fishing year.
Additionally, in accordance with these
regulations, the recreational landings
are evaluated relative to the ACL as
follows: For 2010, only 2010
recreational landings will be compared
to the ACL; in 2011, the average of 2010
and 2011 recreational landings will be
compared to the ACL; and in 2012 and
subsequent fishing years, the most
recent 3-year running average
recreational landings will be compared
to the ACL. Therefore this temporary
final rule is being implemented based
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
on an evaluation of golden tilefish
recreational landings for the 2010
fishing year.
Finalized landings data from the
NMFS Southeast Fisheries Science
Center indicate that the recreational
golden tilefish ACL was exceeded by
2,805 fish in 2010. Therefore, this
temporary rule implements an AM to
reduce the fishing season for the
recreational golden tilefish component
of the snapper-grouper fishery from
October 6, 2011 until January 1, 2012.
As a result of this reduced season, the
recreational sector for golden tilefish
will be closed effective 12:01 a.m., local
time October 6, 2011.
The 2012 recreational fishing season
for golden tilefish will begin on January
1, 2012, through December 31, 2012,
unless AMs are implemented due to an
ACL overage and a reduced fishing
season is specified through notification
in the Federal Register.
Commencing 12:01 a.m., local time on
October 6, 2011, the bag limit and
possession limits specified in 50 CFR
622.39(d)(1)(ii) and (d)(2), respectively,
are zero and apply to all recreational
harvest or possession of golden tilefish
in or from the South Atlantic exclusive
economic zone.
Classification
The Administrator, Southeast Region,
NMFS, (RA) has determined this
temporary rule is necessary for the
conservation and management of the
South Atlantic golden tilefish
component of the South Atlantic
snapper-grouper fishery and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the AMs established by
Amendment 17B and located at 50 CFR
622.49(b)(1)(ii) have already been
subject to notice and comment and
authorize the AA to file a notification
with the Office of the Federal Register
to reduce the duration of the
recreational fishing season the following
fishing year if an overage occurs in the
prior fishing year. All that remains is to
notify the public of the reduced
recreational fishing season for golden
tilefish for the 2011 fishing year.
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61282-61284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25234]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AH21
Defense Federal Acquisition Regulation Supplement; Definition of
``Qualifying Country End Product'' (DFARS Case 2011-D028)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to revise the definition of
``qualifying country end product.'' This final rule eliminates the
component test for qualifying country end products that are
commercially available off-the-shelf items.
DATES: Effective date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT: Amy G. Williams, telephone 703-602-
0328.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 76 FR
32845 on June 6, 2011, to amend the definition of qualifying country
end product. One comment was received in response to the proposed rule.
II. Discussion and Analysis of Public Comment
Comment: The respondent stated that we need to define
``commercially available off-the-shelf item'' or reference the
definition in the FAR, because there is nothing that says that the
definitions in the FAR necessarily apply to the DFARS.
Response: The DFARS implements and supplements the FAR (see FAR
subpart 1.3). Unless the DFARS specifically makes a statement to the
contrary, everything in the FAR is the basis upon which the DFARS is
built. No change to the rule is necessary on the basis of this comment.
III. Other Changes
As a technical update, the more recent definition of ``qualifying
country'' in 225.003 is incorporated in two of the clauses changed by
the final rule, rather than citing to the list of qualifying countries
at 225.872-1. This has no practical impact, because the two lists
contain the same countries. The definition was added to DFARS 225.003
to reduce confusion, because the list at DFARS 225.872-1 is split into
two paragraphs, (a) and (b), which sometimes leads to misinterpretation
of the status of countries that are listed in paragraph (b).
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
V. Regulatory Flexibility Act
DoD certifies that this rule will not have a significant impact on
a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
only affects manufacturers of COTS items in qualifying countries,
removing an administrative burden for the qualifying country
manufacturer and the Government personnel acquiring the items. No
domestic entities will be impacted by this rule. For the definition of
``small business,'' the Regulatory Flexibility Act refers to the Small
Business Act, which in turn allows the U.S. Small Business
Administration (SBA) Administrator to specify detailed definitions or
standards (5 U..S.C 601(3) and 15 U.S.C. 632(a)). The SBA regulations
at 13 CFR 121.105 discuss who is a small business: ``(a)(1) Except for
small agricultural cooperatives, a business concern eligible for
assistance from SBA as a small business is a business entity organized
for profit, with a place of business located in the United States, and
which operates primarily within the United States or which makes a
significant contribution to the U.S. economy through payment of taxes
or use of American products, materials or labor.''
The comparable change has already been enacted for the benefit of
U.S. manufacturers of COTS items.
VI. Paperwork Reduction Act
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. (chapter 35).
List of Subjects in 48 CFR Part 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
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. 1303 and 48 CFR chapter 1.
252.212-7001 [Amended]
0
2. Amend section 252.212-7001 as follows:
0
a. Remove the clause date ``(SEP 2011)'' and add in its place ``(OCT
2011)'';
0
b. In paragraph (b)(6)(i), remove the clause date ``(JAN 2009)'' and
add in its place ``(OCT 2011)'' and in paragraph (b)(6)(ii), remove the
clause date ``(DEC 2010)'' and add in its place ``(OCT 2011)'';
0
c. In paragraph (b)(12)(i), remove the clause date ``(JUN 2011)'' and
add in its place ``(OCT 2011)'', in paragraph (b)(12)(ii), remove the
clause date ``(SEP 2008)'' and add in its place ``(OCT 2011)'', and in
paragraph (b)(12)(iii), remove the clause date ``(DEC 2010)'' and add
in its place ``(OCT 2011)''; and
0
d. In paragraph (b)(15)(i), remove the clause date ``(DEC 2010)'' and
add in its
[[Page 61283]]
place ``(OCT 2011)'', in paragraph (b)(15)(ii), remove the clause date
``(JUL 2009)'' and add in its place ``(OCT 2011)'', and in paragraphs
(b)(15)(iii) and (b)(15)(iv), remove the clause date ``(DEC 2010)'' and
add in its place ``(OCT 2011)''.
0
3. Amend section 252.225-7001 as follows:
0
a. Remove the clause date ``(SEP 2011)'' and add in its place ``(OCT
2011)'';
0
b. In paragraph (a), remove the number preceding each definition and
revise the definitions for ``Qualifying country'' and ``Qualifying
country end product;
0
c. In Alternate I, remove the clause date ``(DEC 2010)'' and add in its
place ``(OCT 2011)'' and in paragraph (a), remove the numbers preceding
each definition.
252.225-7001 Buy American Act and Balance of Payments Program.
* * * * *
(a) * * *
Qualifying country means a country with a reciprocal defense
procurement memorandum of understanding or international agreement with
the United States in which both countries agree to remove barriers to
purchases of supplies produced in the other country or services
performed by sources of the other country, and the memorandum or
agreement complies, where applicable, with the requirements of section
36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C.
2457. Accordingly, the following are qualifying countries:
Australia, Austria, Belgium, Canada, Denmark, Egypt, Finland, France,
Germany, Greece, Israel, Italy, Luxembourg, Netherlands, Norway,
Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom of Great
Britain and Northern Ireland.
* * * * *
Qualifying country end product means--
(i) An unmanufactured end product mined or produced in a qualifying
country; or
(ii) An end product manufactured in a qualifying country if--
(A) The cost of the following types of components exceeds 50
percent of the cost of all its components:
(1) Components mined, produced, or manufactured in a qualifying
country.
(2) Components mined, produced, or manufactured in the United
States.
(3) Components of foreign origin of a class or kind for which the
Government has determined that sufficient and reasonably available
commercial quantities of a satisfactory quality are not mined,
produced, or manufactured in the United States; or
(B) The end product is a COTS item.
* * * * *
0
4. Amend section 252.225-7021 as follows:
0
a. Remove the clause date ``(JUN 2011)'' and add in its place ``(OCT
2011)'';
0
b. In paragraph (a), remove the number preceding each definition, add
in alphabetical order the definition for ``Commercially available off-
the-shelf (COTS) item'', and revise the definitions for ``Qualifying
country'' and ``Qualifying country end product;
0
c. In Alternate I, revise the clause date, revise the introductory
text, and, in paragraph (a), remove the number preceding the
definition;
d. In Alternate II, remove the clause date ``(DEC 2010)'' and add
in its place ``(OCT 2011)'' and, in paragraph (a), remove the numbers
preceding the definitions.
252.225-7021 Trade Agreements.
* * * * *
(a) * * *
Commercially available off-the-shelf (COTS) item. (i) Means any
item of supply (including construction material) that is--
(A) A commercial item (as defined in paragraph (1) of the
definition of ``commercial item'' in section 2.101 of the Federal
Acquisition Regulation);
(B) Sold in substantial quantities in the commercial marketplace;
and
(C) Offered to the Government, under a contract or subcontract at
any tier, without modification, in the same form in which it is sold in
the commercial marketplace; and
(ii) Does not include bulk cargo, as defined in section 4 of the
Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products
and petroleum products.
* * * * *
Qualifying country means a country with a reciprocal defense
procurement memorandum of understanding or international agreement with
the United States in which both countries agree to remove barriers to
purchases of supplies produced in the other country or services
performed by sources of the other country, and the memorandum or
agreement complies, where applicable, with the requirements of section
36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C.
2457. Accordingly, the following are qualifying countries:
Australia, Austria, Belgium, Canada, Denmark, Egypt, Finland, France,
Germany, Greece, Israel, Italy, Luxembourg, Netherlands, Norway,
Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom of Great
Britain and Northern Ireland.
Qualifying country end product means--
(i) An unmanufactured end product mined or produced in a qualifying
country; or
(ii) An end product manufactured in a qualifying country if--
(A) The cost of the following types of components exceeds 50
percent of the cost of all its components:
(1) Components mined, produced, or manufactured in a qualifying
country.
(2) Components mined, produced, or manufactured in the United
States.
(3) Components of foreign origin of a class or kind for which the
Government has determined that sufficient and reasonably available
commercial quantities of a satisfactory quality are not mined,
produced, or manufactured in the United States; or
(B) The end product is a COTS item.
* * * * *
ALTERNATE I (OCT 2011)
As prescribed in 225.1101(6)(ii), add the following definition to
paragraph (a) of the basic clause and substitute the following
paragraph (c) for paragraph (c) of the basic clause:
* * * * *
0
5. Amend section 252.225-7036 as follows:
0
a. Remove the clause date ``(DEC 2010)'' and add in its place ``(OCT
2011)'';
0
b. In paragraph (a), remove the numbers preceding the definitions and
revise the definition for ``Qualifying country end product'';
0
c. In Alternate I, revise the clause date, revise the introductory
text, and, in paragraph (a), remove the number preceding the
definition; and
0
d. In Alternates II and III, remove the clause date ``(DEC 2010)'' and
add in its place ``(OCT 2011)'' and in paragraph (a), remove the
numbers preceding the definitions.
252.225-7036 Buy American Act--Free Trade Agreements--Balance of
Payments Program.
* * * * *
(a) * * *
Qualifying country end product means--
(i) An unmanufactured end product mined or produced in a qualifying
country; or
(ii) An end product manufactured in a qualifying country if--
[[Page 61284]]
(A) The cost of the following types of components exceeds 50
percent of the cost of all its components:
(1) Components mined, produced, or manufactured in a qualifying
country.
(2) Components mined, produced, or manufactured in the United
States.
(3) Components of foreign origin of a class or kind for which the
Government has determined that sufficient and reasonably available
commercial quantities of a satisfactory quality are not mined,
produced, or manufactured in the United States; or
(B) The end product is a COTS item.
* * * * *
ALTERNATE I (OCT 2011)
As prescribed in 225.1101(11)(i)(B), add the following definition
to paragraph (a) and substitute the following paragraph (c) for
paragraph (c) of the basic clause:
* * * * *
[FR Doc. 2011-25234 Filed 10-3-11; 8:45 am]
BILLING CODE 5001-06-P
