Defense Federal Acquisition Regulation Supplement: New Qualifying Country-Poland (DFARS Case 2012-D049), 76941-76942 [2012-31083]

Download as PDF Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 2010)’’ and adding ‘‘(DEC 2012)’’ in its place, redesignating paragraphs (a)(1) and (2) as (a)(i) and (ii), and in newly designated paragraph (a)(i) removing ‘‘cost or pricing data’’ and adding ‘‘certified cost or pricing data’’ in its place. DEPARTMENT OF DEFENSE 252.215–7000 Defense Federal Acquisition Regulation Supplement: New Qualifying Country—Poland (DFARS Case 2012–D049) [Amended] 23. Section 252.215–7000 is amended by removing the clause date ‘‘(DEC 1991)’’ and adding ‘‘(DEC 2012)’’ in its place and removing ‘‘Cost or Pricing Data-Modifications’’ and adding ‘‘Certified Cost or Pricing DataModifications’’ in its place wherever it appears. ■ 252.215–7002 24. Section 252.215–7002 is amended by— ■ a. Removing the clause date ‘‘(FEB 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In the definition of ‘‘Significant Deficiency’’ in paragraph (a), removing ‘‘rely upon information’’ and adding ‘‘rely upon data and information’’ in its place; ■ c. In paragraph (d)(1) removing ‘‘protect the information as privileged’’ and adding ‘‘protect the data and information as privileged’’ in its place; ■ d. In paragraph (d)(4)(ix) removing the word ‘‘information’’ and adding the word ‘‘data’’ in its place; and ■ e. In paragraph (d)(4)(xi) removing ‘‘Integrate information available’’ and adding ‘‘Integrate data and information available’’ in its place. [Amended] 25. Section 252.217–7027 is amended by removing the clause date ‘‘(OCT 1998)’’ and adding ‘‘(DEC 2012)’’ in its place, in paragraph (a) removing ‘‘cost or pricing data’’ and adding ‘‘certified cost or pricing data’’ in its place, and in paragraph (b) removing ‘‘cost or pricing data’’ and adding ‘‘certified cost or pricing data’’ in its place. ■ 252.243–7002 [Amended] 26. Section 252.243–7002 is amended by removing the clause date ‘‘(MAR 1998)’’ and adding ‘‘(DEC 2012)’’ in its place, in paragraph (c)(1) removing ‘‘Cost or pricing data’’ and adding ‘‘Certified cost or pricing data,’’ in its place, and in paragraph (c)(2) removing ‘‘Information other than cost or pricing data’’ and adding ‘‘Data other than certified cost or pricing data’’ in its place and removing ‘‘cost or pricing data’’ and adding ‘‘certified cost or pricing data’’ in its place. ebenthall on DSK5TPTVN1PROD with ■ [FR Doc. 2012–31088 Filed 12–28–12; 8:45 am] BILLING CODE 5001–06–P VerDate Mar<15>2010 01:38 Dec 29, 2012 48 CFR Parts 225 and 252 RIN 0750–AH82 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 add Poland as a qualifying country. DATES: Effective Date: December 31, 2012. SUMMARY: [Amended] ■ 252.217–7027 Defense Acquisition Regulations System Jkt 229001 76941 operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, does not have a significant effect beyond the internal operating procedures of DoD, and will not have a significant cost or administrative impact on contractors or offerors. Poland is added to the list of 22 other countries that have similar reciprocal defense procurement agreements with DoD. III. Executive Orders 12866 and 13563 I. Background DoD is amending the DFARS to add the Republic of Poland as a qualifying country. On August 27, 2011, the U.S. Secretary of Defense signed a new reciprocal defense procurement agreement with the Polish Minister of National Defense. This agreement was placed into force on July 19, 2012. The agreement removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. The agreement does not cover construction or construction material. Poland is already a designated country under the World Trade Organization Government Procurement Agreement. 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. IV. Regulatory Flexibility Act Ms. Amy G. Williams, telephone 571–372– 6106. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: II. Publication of This Final Rule for Public Comment Is Not Required by Statute ‘‘Publication of proposed regulations’’, 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal PO 00000 Frm 00133 Fmt 4700 Sfmt 4700 The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1 and 41 U.S.C. 1707 does not require publication for public comment. V. Paperwork Reduction Act This rule affects the certification and information collection requirements in the provisions at DFARS 252.225–7000 and 252.225–7035, currently approved under OMB Control Number 0704–0229, titled DFARS Part 225, Foreign Acquisition, and Associated Clauses, in accordance with the Paperwork Reduction Act (44 U.S.C. chapter 35). The impact, however, is negligible, because it merely shifts the category under which items from Poland must be listed. E:\FR\FM\31DER1.SGM 31DER1 76942 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations List of Subjects in 48 CFR Parts 225 and 252 Government procurement. Manuel Quinones, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 225 and 252 continue to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 225—FOREIGN ACQUISITION 225.003 [Amended] 2. Section 225.003 is amended in paragraph (10), the definition of ‘‘qualifying country’’ by adding in alphabetical order the country ‘‘Poland’’. ■ 225.872–1 3. Section 225.872–1 paragraph (a) is amended by adding, in alphabetical order, the country of ‘‘Poland’’ to the list of qualifying countries. ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES [Amended] 4. Section 252.212–7001 is amended as follows: ■ a. In the clause heading, by removing the clause date ‘‘(NOV 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (b)(6)(i), by removing the clause date ‘‘(JUN 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ c. In paragraph (b)(9) by revising the clause date to read ‘‘(DEC 2012); ■ d. In paragraph (b)(12), by removing the clause date ‘‘(NOV 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ e. In paragraph (b)(13)(i), by removing the clause date ‘‘(NOV 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ f. In paragraph (b)(16)(i), by removing the clause date ‘‘(NOV 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ 252.225–7001 [Amended] 5. Section 252.225–7001 is amended as follows: ■ a. In the clause heading, by removing the clause date ‘‘(JUN 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘qualifying country’’, by adding, in alphabetical order, the country of ‘‘Poland’’ to the list of qualifying countries. ebenthall on DSK5TPTVN1PROD with ■ 252.225–7002 DEPARTMENT OF COMMERCE 252.225–7012 2013–2014 Summer Flounder and Scup Specifications; 2013 Black Sea Bass Specifications; Preliminary 2013 Quota Adjustments; 2013 Summer Flounder Quota for Delaware [Amended] 7. Section 252.225–7012 is amended as follows: ■ a. In the clause heading, by removing the clause date ‘‘(JUN 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘qualifying country’’, by adding in alphabetical order the country of ‘‘Poland’’ to the list of qualifying countries. ■ 252.225–7017 [Amended] 252.212–7001 a. In the clause heading, by removing the clause date ‘‘(JUN 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘qualifying country’’, by adding in alphabetical order the country of ‘‘Poland’’ to the list of qualifying countries. ■ [Amended] 8. Section 252.225–7017 is amended as follows: ■ a. In the clause heading, by removing the clause date ‘‘(NOV 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘qualifying country’’, by adding in alphabetical order the country of ‘‘Poland’’ to the list of qualifying countries. ■ 252.225–7021 [Amended] 9. Section 252.225–7021 is amended as follows: ■ a. In the clause heading, by removing the clause date ‘‘(NOV 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘qualifying country’’, by adding in alphabetical order the country of ‘‘Poland’’ to the list of qualifying countries. ■ 252.225–7036 [Amended] 10. Section 252.225–7036 is amended as follows: ■ a. In the clause heading, by removing the clause date ‘‘(NOV 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘qualifying country’’, by adding in alphabetical order the country of ‘‘Poland’’ to the list of qualifying countries. ■ [FR Doc. 2012–31083 Filed 12–28–12; 8:45 am] BILLING CODE 5001–06–P [Amended] 6. Section 252.225–7002 is amended as follows: ■ VerDate Mar<15>2010 01:38 Dec 29, 2012 Jkt 229001 PO 00000 Frm 00134 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 121009528–2729–02] RIN 0648–XC287 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues final specifications for the 2013 summer flounder, scup, and black sea bass fisheries, as well as the 2014 summer flounder and scup fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries. This action prohibits federally permitted commercial fishing vessels from landing summer flounder in Delaware in 2013 due to continued quota repayment from previous years’ overages. These actions are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act. The intent of this action is to establish harvest levels and other management measures to ensure that these species are not overfished or subject to overfishing in 2013 and 2014. DATES: Effective January 1, 2013, through December 31, 2014. ADDRESSES: Copies of the specifications document, consisting of an Environmental Assessment (EA), Initial Regulatory Flexibility Analysis (IRFA), and other supporting documents used by the Summer Flounder, Scup, and Black Sea Bass Monitoring Committees and Scientific and Statistical Committee (SSC), are available from Dr. Christopher Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. The specifications document is also accessible via the Internet at http:// www.nero.noaa.gov. The Final Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public comments and responses contained in this final rule, and the summary of impacts and SUMMARY: E:\FR\FM\31DER1.SGM 31DER1

Agencies

[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76941-76942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31083]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AH82


Defense Federal Acquisition Regulation Supplement: New Qualifying 
Country--Poland (DFARS Case 2012-D049)

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 add Poland as a qualifying 
country.

DATES: Effective Date: December 31, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to add the Republic of Poland as a 
qualifying country. On August 27, 2011, the U.S. Secretary of Defense 
signed a new reciprocal defense procurement agreement with the Polish 
Minister of National Defense. This agreement was placed into force on 
July 19, 2012. The agreement removes discriminatory barriers to 
procurements of supplies and services produced by industrial 
enterprises of the other country to the extent mutually beneficial and 
consistent with national laws, regulations, policies, and international 
obligations. The agreement does not cover construction or construction 
material. Poland is already a designated country under the World Trade 
Organization Government Procurement Agreement.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because it does not constitute a significant DFARS revision within the 
meaning of FAR 1.501-1, does not have a significant effect beyond the 
internal operating procedures of DoD, and will not have a significant 
cost or administrative impact on contractors or offerors. Poland is 
added to the list of 22 other countries that have similar reciprocal 
defense procurement agreements with DoD.

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 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.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require 
publication for public comment.

V. Paperwork Reduction Act

    This rule affects the certification and information collection 
requirements in the provisions at DFARS 252.225-7000 and 252.225-7035, 
currently approved under OMB Control Number 0704-0229, titled DFARS 
Part 225, Foreign Acquisition, and Associated Clauses, in accordance 
with the Paperwork Reduction Act (44 U.S.C. chapter 35). The impact, 
however, is negligible, because it merely shifts the category under 
which items from Poland must be listed.

[[Page 76942]]

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 225 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 225 and 252 continue to read 
as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION


225.003  [Amended]

0
2. Section 225.003 is amended in paragraph (10), the definition of 
``qualifying country'' by adding in alphabetical order the country 
``Poland''.


225.872-1  [Amended]

0
3. Section 225.872-1 paragraph (a) is amended by adding, in 
alphabetical order, the country of ``Poland'' to the list of qualifying 
countries.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.212-7001  [Amended]

0
4. Section 252.212-7001 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (b)(6)(i), by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
c. In paragraph (b)(9) by revising the clause date to read ``(DEC 
2012);
0
d. In paragraph (b)(12), by removing the clause date ``(NOV 2012)'' and 
adding ``(DEC 2012)'' in its place;
0
e. In paragraph (b)(13)(i), by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
f. In paragraph (b)(16)(i), by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;


252.225-7001  [Amended]

0
5. Section 252.225-7001 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding, in alphabetical order, the country of ``Poland'' to the list of 
qualifying countries.


252.225-7002  [Amended]

0
6. Section 252.225-7002 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7012  [Amended]

0
7. Section 252.225-7012 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7017  [Amended]

0
8. Section 252.225-7017 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7021  [Amended]

0
9. Section 252.225-7021 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7036  [Amended]

0
10. Section 252.225-7036 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.
[FR Doc. 2012-31083 Filed 12-28-12; 8:45 am]
BILLING CODE 5001-06-P