Federal Acquisition Regulation; Successor Entities to the Netherlands Antilles, 68039-68040 [2011-27789]
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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
other firms that conduct prohibited
business operations in Sudan; and
(viii) Any humanitarian efforts
engaged in by the offeror, the human
rights impact of doing business with the
offeror for which the waiver is
requested, and the extent of the offeror’s
business operations in Sudan.
(d) The consultation in 25.702–4(b)
and the information in 25.702–4(c)(3)
will be considered in determining
whether to recommend that the
President waive the requirement of
subsection 25.702–2. In accordance with
section 6(c) of the Sudan Accountability
and Divestment Act of 2007, OFPP will
semiannually submit a report to
Congress, on April 15th and October
15th, on the waivers granted.
[FR Doc. 2011–27788 Filed 11–1–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005–54; FAR Case 2011–014; Item
VIII; Docket 2011–0014, Sequence 1]
RIN 9000–AM11
Federal Acquisition Regulation;
Successor Entities to the Netherlands
Antilles
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
revise the definitions of ‘‘Caribbean
Basin country’’ and ‘‘designated
country’’ due to the change in status of
the islands that comprised the
Netherlands Antilles.
DATES: Effective Date: November 2,
2011.
SUMMARY:
Ms.
Cecelia L. Davis, Procurement Analyst,
at (202) 219–0202, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–54, FAR
Case 2011–014.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with RULES4
FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
18:15 Nov 01, 2011
Jkt 226001
I. Background
The Netherlands Antilles was
designated as a beneficiary country
under the Caribbean Basin Initiative
(see 19 U.S.C. 2702). According to the
initiative, successor political entities
remain eligible as beneficiary countries.
On October 10, 2010, Curacao and Sint
Maarten became autonomous territories
of the Kingdom of the Netherlands.
Bonaire, Saba, and Sint Eustatius now
fall under the direct administration of
the Netherlands. Additional information
about this change is available at https://
www.state.gov/r/pa/ei/bgn/22528.htm.
With this change, the definitions have
been revised to replace ‘‘Netherlands
Antilles’’ with the five separate
successor entities—Bonaire, Curacao,
Saba, Sint Eustatius, and Sint Maarten.
This final rule amends definitions of
‘‘Caribbean Basin country’’ and
‘‘designated country’’ at FAR 25.003,
and FAR clauses 52.225–5, Trade
Agreements; 52.225–11, Buy American
Act—Construction Materials under
Trade Agreements; and 52.225–23,
Required Use of American Iron, Steel,
and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements.
II. 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 a significant
regulatory action and, therefore, was
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.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 and
does not require publication for public
comment.
IV. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does apply; however,
these changes to the FAR do not impose
additional information collection
PO 00000
requirements to the paperwork burden
previously approved under OMB
Control Number 9000–0141 titled: Buy
American Act—Construction.
List of Subjects in 48 CFR Parts 25 and
52
Government procurement.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 25 and 52 as set
forth below:
1. The authority citation for 48 CFR
parts 25 and 52 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 25—FOREIGN ACQUISITION
2. Amend section 25.003 by revising
the definition ‘‘Caribbean Basin
country’’ and paragraph (4) in the
definition ‘‘Designated country’’ to read
as follows:
■
25.003
Fmt 4701
Sfmt 4700
Definitions.
*
*
*
*
*
Caribbean Basin country means any of
the following countries: Antigua and
Barbuda, Aruba, Bahamas, Barbados,
Belize, Bonaire, British Virgin Islands,
Curacao, Dominica, Grenada, Guyana,
Haiti, Jamaica, Montserrat, Saba, St.
Kitts and Nevis, St. Lucia, St. Vincent
and the Grenadines, Sint Eustatius, Sint
Maarten, or Trinidad and Tobago.
*
*
*
*
*
Designated country * * *
(4) A Caribbean Basin country
(Antigua and Barbuda, Aruba, Bahamas,
Barbados, Belize, Bonaire, British Virgin
Islands, Curacao, Dominica, Grenada,
Guyana, Haiti, Jamaica, Montserrat,
Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint
Eustatius, Sint Maarten, or Trinidad and
Tobago).
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.212–5 by
revising the date of the clause and
paragraph (b)(39) to read as follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
Frm 00027
68039
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68040
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items
(NOV 2011)
Required Use of American Iron, Steel,
and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements (NOV 2011)
*
*
*
*
*
*
(b) * * *
__(39) 52.225–5, Trade Agreements (NOV
2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301
note).
4. Amend section 52.225–5 by
revising the date of the clause; and in
paragraph (a), by revising paragraph (4)
in the definition ‘‘Designated country’’
to read as follows:
■
52.225–5
*
*
*
*
*
*
*
*
*
*
5. Amend section 52.225–11 by
revising the date of the clause; and in
paragraph (a), by revising paragraph (4)
in the definition ‘‘Designated country’’
to read as follows:
■
52.225–11 Buy American Act—
Construction Materials under Trade
Agreements.
*
*
*
*
(a) Definitions. * * *
*
*
*
*
Designated country * * *
(4) A Caribbean Basin country ((Antigua
and Barbuda, Aruba, Bahamas, Barbados,
Belize, Bonaire, British Virgin Islands,
Curacao, Dominica, Grenada, Guyana, Haiti,
Jamaica, Montserrat, Saba, St. Kitts and
Nevis, St. Lucia, St. Vincent and the
Grenadines, Sint Eustatius, Sint Maarten, or
Trinidad and Tobago).
*
*
*
*
*
6. Amend section 52.225–23 by
revising the date of the clause, and
paragraph (4) in the definition
‘‘Designated country’’ to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES4
■
52.225–23 Required Use of American Iron,
Steel, and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements.
*
*
*
VerDate Mar<15>2010
*
*
*
*
*
*
18:15 Nov 01, 2011
Jkt 226001
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 31
[FAC 2005–54; FAR Case 2009–006; Item
IX; Docket 2010–0084, Sequence 1]
RIN 9000–AL39
Federal Acquisition Regulation; Labor
Relations Costs
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement the Executive Order (E.O.)
on Economy in Government
Contracting, issued on January 30, 2009,
and amended on October 30, 2009. This
E.O. treats as unallowable the costs of
any activities undertaken to persuade
employees, whether employees of the
recipient of Federal disbursements or of
any other entity, to exercise or not to
exercise, or concerning the manner of
exercising, the right to organize and
bargain collectively through
representatives of the employee’s own
choosing.
SUMMARY:
*
Buy American Act—Construction
Materials Under Trade Agreements
(NOV 2011)
*
*
DEPARTMENT OF DEFENSE
Designated country * * *
(4) A Caribbean Basin country (Antigua
and Barbuda, Aruba, Bahamas, Barbados,
Belize, Bonaire, British Virgin Islands,
Curacao, Dominica, Grenada, Guyana, Haiti,
Jamaica, Montserrat, Saba, St. Kitts and
Nevis, St. Lucia, St. Vincent and the
Grenadines, Sint Eustatius, Sint Maarten, or
Trinidad and Tobago).
*
*
BILLING CODE 6820–EP–P
(a) Definitions. * * *
*
*
*
Trade Agreements (NOV 2011)
*
*
[FR Doc. 2011–27789 Filed 11–1–11; 8:45 am]
Trade Agreements.
*
*
Designated country * * *
(4) A Caribbean Basin country (Antigua
and Barbuda, Aruba, Bahamas, Barbados,
Belize, Bonaire, British Virgin Islands,
Curacao, Dominica, Grenada, Guyana, Haiti,
Jamaica, Montserrat, Saba, St. Kitts and
Nevis, St. Lucia, St. Vincent and the
Grenadines, Sint Eustatius, Sint Maarten, or
Trinidad and Tobago).
Effective Date: December 2, 2011.
Mr.
Edward N. Chambers, Procurement
Analyst, at (202) 501–3221, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–54, FAR Case 2009–006.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00028
Fmt 4701
Sfmt 4700
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
75 FR 19345 on April 14, 2010, to
implement E.O. 13494, Economy in
Government Contracting, dated January
30, 2009, published in the Federal
Register at 74 FR 6101 on February 4,
2009, as amended on October 30, 2009
(published in the Federal Register at 74
FR 57239 on November 5, 2009). This
E.O. promotes economy and efficiency
in Government contracting by providing
that certain costs that are not directly
related to the contractor’s provision of
goods and services to the Government
shall be unallowable for payment,
thereby directly reducing Government
expenditures and reinforcing the fiscally
responsible handling of taxpayer funds.
Specifically, this E.O. states that the
costs of the activities of preparing and
distributing materials, hiring or
consulting legal counsel or consultants,
holding meetings (including paying the
salaries of the attendees at meetings
held for this purpose), and planning or
conducting activities by managers,
supervisors, or union representatives
during work hours, when they are
undertaken to persuade employees to
exercise or not to exercise, or concern
the manner of exercising, rights to
organize and bargain collectively are
unallowable costs.
In order to implement E.O. 13494,
DoD, GSA, and NASA have amended
FAR 31.205–21, the cost principle
addressing labor relations costs.
Currently, this cost principle states that
costs incurred in maintaining
satisfactory relations between the
contractor and its employees, including
costs of shop stewards, labor
management committees, employee
publications, and other related
activities, are allowable. To implement
the requirements of the E.O., DoD, GSA,
and NASA issued a proposed rule that
would amend this cost principle by
adding a new paragraph addressing the
handling of persuader activities—that is,
activity involving the persuading of
employees to exercise or not exercise
their rights to organize and bargain
collectively. By doing so, the proposed
rule differentiated the handling of costs
incurred through persuader activities,
which are unallowable, from those
incurred in maintaining satisfactory
labor relations, which remain allowable.
Specifically, the proposed rule stated
that the costs of any activities
undertaken to persuade employees, of
any entity, to exercise or not to exercise,
or concerning the manner of exercising,
the right to organize and bargain
collectively through representatives of
E:\FR\FM\02NOR4.SGM
02NOR4
]]>Agencies
[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 68039-68040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27789]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-54; FAR Case 2011-014; Item VIII; Docket 2011-0014, Sequence
1]
RIN 9000-AM11
Federal Acquisition Regulation; Successor Entities to the
Netherlands Antilles
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to revise the definitions of
``Caribbean Basin country'' and ``designated country'' due to the
change in status of the islands that comprised the Netherlands
Antilles.
DATES: Effective Date: November 2, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, at (202) 219-0202, for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-54, FAR
Case 2011-014.
SUPPLEMENTARY INFORMATION:
I. Background
The Netherlands Antilles was designated as a beneficiary country
under the Caribbean Basin Initiative (see 19 U.S.C. 2702). According to
the initiative, successor political entities remain eligible as
beneficiary countries. On October 10, 2010, Curacao and Sint Maarten
became autonomous territories of the Kingdom of the Netherlands.
Bonaire, Saba, and Sint Eustatius now fall under the direct
administration of the Netherlands. Additional information about this
change is available at https://www.state.gov/r/pa/ei/bgn/22528.htm.
With this change, the definitions have been revised to replace
``Netherlands Antilles'' with the five separate successor entities--
Bonaire, Curacao, Saba, Sint Eustatius, and Sint Maarten.
This final rule amends definitions of ``Caribbean Basin country''
and ``designated country'' at FAR 25.003, and FAR clauses 52.225-5,
Trade Agreements; 52.225-11, Buy American Act--Construction Materials
under Trade Agreements; and 52.225-23, Required Use of American Iron,
Steel, and Manufactured Goods--Buy American Act--Construction Materials
Under Trade Agreements.
II. 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 a significant regulatory action and, therefore, was 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.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require
publication for public comment.
IV. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these changes to the FAR do not impose additional information
collection requirements to the paperwork burden previously approved
under OMB Control Number 9000-0141 titled: Buy American Act--
Construction.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 25 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION
0
2. Amend section 25.003 by revising the definition ``Caribbean Basin
country'' and paragraph (4) in the definition ``Designated country'' to
read as follows:
25.003 Definitions.
* * * * *
Caribbean Basin country means any of the following countries:
Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British
Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica,
Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the
Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago.
* * * * *
Designated country * * *
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas,
Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica,
Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis,
St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint
Maarten, or Trinidad and Tobago).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 52.212-5 by revising the date of the clause and
paragraph (b)(39) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
[[Page 68040]]
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (NOV 2011)
* * * * *
(b) * * *
----(39) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501,
et seq., 19 U.S.C. 3301 note).
0
4. Amend section 52.225-5 by revising the date of the clause; and in
paragraph (a), by revising paragraph (4) in the definition ``Designated
country'' to read as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements (NOV 2011)
(a) Definitions. * * *
* * * * *
Designated country * * *
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba,
Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao,
Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St.
Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint
Eustatius, Sint Maarten, or Trinidad and Tobago).
* * * * *
0
5. Amend section 52.225-11 by revising the date of the clause; and in
paragraph (a), by revising paragraph (4) in the definition ``Designated
country'' to read as follows:
52.225-11 Buy American Act--Construction Materials under Trade
Agreements.
* * * * *
Buy American Act--Construction Materials Under Trade Agreements (NOV
2011)
(a) Definitions. * * *
* * * * *
Designated country * * *
(4) A Caribbean Basin country ((Antigua and Barbuda, Aruba,
Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao,
Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St.
Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint
Eustatius, Sint Maarten, or Trinidad and Tobago).
* * * * *
0
6. Amend section 52.225-23 by revising the date of the clause, and
paragraph (4) in the definition ``Designated country'' to read as
follows:
52.225-23 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Act--Construction Materials Under Trade Agreements.
* * * * *
Required Use of American Iron, Steel, and Manufactured Goods--Buy
American Act--Construction Materials Under Trade Agreements (NOV 2011)
* * * * *
Designated country * * *
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba,
Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao,
Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St.
Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint
Eustatius, Sint Maarten, or Trinidad and Tobago).
* * * * *
[FR Doc. 2011-27789 Filed 11-1-11; 8:45 am]
BILLING CODE 6820-EP-P
