Federal Acquisition Regulation; Representation Regarding Export of Sensitive Technology to Iran, 23368 [2012-9202]
Download as PDF
<![CDATA[
23368
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
Officer, on the product types and dollar value
of any USDA-designated biobased products
purchased by the Contractor during the
previous Government fiscal year, between
October 1 and September 30;
(2) Submit this report no later than—
(i) October 31 of each year during contract
performance; and
(ii) At the end of contract performance; and
(3) Contact the environmental point of
contract to obtain the preferred submittal
format, if that format is not specified in this
contract.
(d) The environmental point of contact for
this contract is: ________ [Contracting Officer
shall insert full name, phone number, and
email address. In addition, the Contracting
Officer may include the agency Web site for
reporting.]
*
*
*
*
*
[FR Doc. 2012–9201 Filed 4–17–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4, 25, and 52
[FAC 2005–58; FAR Case 2010–018; Item
II; Docket 2010–0018, Sequence 1]
RIN 9000–AL91
Federal Acquisition Regulation;
Representation Regarding Export of
Sensitive Technology to Iran
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA have
adopted as final, with changes, the
interim rule amending the Federal
Acquisition Regulation (FAR) to add a
representation to implement section 106
of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010. Section 106 imposes a
procurement prohibition relating to
contracts with persons that export
certain sensitive technology to Iran.
DATES: Effective Date: May 18, 2012.
FOR FURTHER INFORMATION CONTACT:
Ms. Cecelia 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 2005–58, FAR
Case 2010–018.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with RULES2
SUMMARY:
VerDate Mar<15>2010
16:30 Apr 17, 2012
Jkt 226001
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
76 FR 68028 on November 2, 2011, to
add a representation to implement
section 106 of the Comprehensive Iran
Sanctions, Accountability, and
Divestment Act of 2010. Section 106
imposes a procurement prohibition
relating to contracts with persons that
export certain sensitive technology to
Iran. One respondent submitted
comments on the interim rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comment in the
development of the final rule. There
were no significant changes in the final
rule as a result of the one public
comment.
Comment: The respondent pointed
out that the introductory text at FAR
25.703–1, Definitions, should refer to
definitions used in the ‘‘section’’ rather
than ‘‘subpart.’’
Response: The correction has been
made.
III. 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.
IV. 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 this
rule will only have an impact on an
offeror that is exporting sensitive
technology to Iran. Domestic entities are
generally prohibited from engaging in
activity that would cause them to be
subject to the procurement bans
PO 00000
Frm 00006
Fmt 4701
Sfmt 9990
described in this rule due to current
restrictions on trade with Iran (see, e.g.,
Department of the Treasury Office of
Foreign Assets Control regulations at 31
CFR part 560).
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.’’
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 4, 25,
and 52
Government procurement.
Dated: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final With
Changes
Accordingly, the interim rule
amending 48 CFR parts 4, 25, and 52,
which was published in the Federal
Register at 76 FR 68028, November 2,
2011, is adopted as final with the
following changes:
■
PART 25—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 25 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).
2. Amend section 25.703–1 by
revising the introductory text to read as
follows:
■
25.703–1
Definitions.
As used in this section—
*
*
*
*
*
[FR Doc. 2012–9202 Filed 4–17–12; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\18APR2.SGM
18APR2
]]>Agencies
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Page 23368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9202]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 25, and 52
[FAC 2005-58; FAR Case 2010-018; Item II; Docket 2010-0018, Sequence 1]
RIN 9000-AL91
Federal Acquisition Regulation; Representation Regarding Export
of Sensitive Technology to Iran
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA have adopted as final, with changes, the
interim rule amending the Federal Acquisition Regulation (FAR) to add a
representation to implement section 106 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010. Section 106
imposes a procurement prohibition relating to contracts with persons
that export certain sensitive technology to Iran.
DATES: Effective Date: May 18, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia 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 2005-58, FAR Case 2010-
018.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 76 FR 68028 on November 2, 2011, to add a representation to
implement section 106 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010. Section 106 imposes a
procurement prohibition relating to contracts with persons that export
certain sensitive technology to Iran. One respondent submitted comments
on the interim rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comment in the
development of the final rule. There were no significant changes in the
final rule as a result of the one public comment.
Comment: The respondent pointed out that the introductory text at
FAR 25.703-1, Definitions, should refer to definitions used in the
``section'' rather than ``subpart.''
Response: The correction has been made.
III. 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.
IV. 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 this rule will only
have an impact on an offeror that is exporting sensitive technology to
Iran. Domestic entities are generally prohibited from engaging in
activity that would cause them to be subject to the procurement bans
described in this rule due to current restrictions on trade with Iran
(see, e.g., Department of the Treasury Office of Foreign Assets Control
regulations at 31 CFR part 560).
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.''
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 4, 25, and 52
Government procurement.
Dated: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final With Changes
0
Accordingly, the interim rule amending 48 CFR parts 4, 25, and 52,
which was published in the Federal Register at 76 FR 68028, November 2,
2011, is adopted as final with the following changes:
PART 25--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 25 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).
0
2. Amend section 25.703-1 by revising the introductory text to read as
follows:
25.703-1 Definitions.
As used in this section--
* * * * *
[FR Doc. 2012-9202 Filed 4-17-12; 8:45 am]
BILLING CODE 6820-EP-P
