Defense Federal Acquisition Regulation Supplement: New Free Trade Agreement With Colombia (DFARS Case 2012-D032), 18877 [2013-07108]

Download as PDF Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 18877 DEPARTMENT OF DEFENSE III. Regulatory Flexibility Act DEPARTMENT OF DEFENSE Defense Acquisition Regulations System DoD certifies 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. Although the rule now opens up Government procurement to the goods and services of Colombia at or above the threshold of $77,494.00, DoD does not anticipate any significant economic impact on U.S. small businesses. DoD only applies the trade agreements to the non-defense items listed at DFARS 225.401–70, and acquisitions that are set aside or provide other forms of preference for small businesses are exempt. FAR 19.502–2 states that acquisitions that do not exceed $150,000 (with some exceptions) are automatically reserved exclusively for small business concerns. Defense Acquisition Regulations System 48 CFR Part 252 RIN 0750–AH72 Defense Federal Acquisition Regulation Supplement: New Free Trade Agreement With Colombia (DFARS Case 2012–D032) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the United States-Colombia Trade Promotion Agreement. This Trade Promotion Agreement is a free trade agreement that provides for mutually nondiscriminatory treatment of eligible products and services from Colombia. DATES: Effective date: March 28, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Telephone 571–372– 6106. SUPPLEMENTARY INFORMATION: I. Background DoD published an interim rule in the Federal Register at 77 FR 31536 on May 29, 2012, to implement the United States-Colombia Trade Promotion Agreement Implementation Act (Pub. L. 112–42) (19 U.S.C. 3805 note). No public comments were received. Therefore, DoD is adopting the interim rule as final, without change. srobinson on DSK4SPTVN1PROD with RULES 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 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. VerDate Mar<15>2010 17:43 Mar 27, 2013 Jkt 229001 IV. Paperwork Reduction Act This rule affects the certification and information collection requirements in the provision 252.225–7035, currently approved under OMB Control Number 0704–0229, titled Defense Federal Acquisition Regulation Supplement Part 225, Foreign Acquisition, and related clauses, in accordance with the Paperwork Reduction Act (44 U.S.C. chapter 35). OMB Control Number 0704–0229 assessed the total burden related to part 225 at approximately 57,230 hours. The impact, however, is negligible, because it is just a question of under which category offered goods from Colombia would be listed. List of Subjects in 48 CFR Part 252 Government procurement. Kortnee Stewart, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR part 252, which was published at 77 FR 31536 on May 29, 2012, is adopted as a final rule without change. [FR Doc. 2013–07108 Filed 3–27–13; 8:45 am] BILLING CODE 5001–06–P PO 00000 48 CFR Part 252 RIN 0750–AH78 Defense Federal Acquisition Regulation Supplement; Specialty Metals—Definition of ‘‘Produce’’ (DFARS Case 2012–D041) Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: ACTION: Final rule. SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the definition of ‘‘produce’’ as it applies to specialty metals. The National Defense Authorization Act for Fiscal Year 2011 directed DoD to review the definition of ‘‘produce’’ to ensure its compliance with the statutory restrictions on specialty metals and to determine if a revision to the current rule was necessary and appropriate. DATES: Effective Date: March 28, 2013. Ms. Amy Williams, Telephone 571–372– 6106. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 77 FR 43474 on July 24, 2012. DoD proposed to amend the definition of ‘‘produce’’ to eliminate the phrase ‘‘quenching and tempering’’ of armor steel plate, and to expand the application of the other listed technologies, currently restricted just to titanium and titanium alloys, to any specialty metal that could be formed by such technologies. DoD received comments on the proposed rule from 13 respondents. II. Discussion and Analysis DoD reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments is provided, as follows: A. Summary of Significant Changes The phrase ‘‘gas atomization’’ in the definition of ‘‘produce’’ has been revised to read ‘‘atomization,’’ in order to allow for other types of atomization (e.g., gas, water, centrifugal, plasma). Frm 00083 Fmt 4700 Sfmt 4700 E:\FR\FM\28MRR1.SGM 28MRR1

Agencies

[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Rules and Regulations]
[Page 18877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07108]



[[Page 18877]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AH72


Defense Federal Acquisition Regulation Supplement: New Free Trade 
Agreement With Colombia (DFARS Case 2012-D032)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement the United States-Colombia Trade Promotion Agreement. This 
Trade Promotion Agreement is a free trade agreement that provides for 
mutually non-discriminatory treatment of eligible products and services 
from Colombia.

DATES: Effective date: March 28, 2013.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published an interim rule in the Federal Register at 77 FR 
31536 on May 29, 2012, to implement the United States-Colombia Trade 
Promotion Agreement Implementation Act (Pub. L. 112-42) (19 U.S.C. 3805 
note).
    No public comments were received. Therefore, DoD is adopting the 
interim rule as final, without change.

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 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.

III. Regulatory Flexibility Act

    DoD certifies 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. 
Although the rule now opens up Government procurement to the goods and 
services of Colombia at or above the threshold of $77,494.00, DoD does 
not anticipate any significant economic impact on U.S. small 
businesses. DoD only applies the trade agreements to the non-defense 
items listed at DFARS 225.401-70, and acquisitions that are set aside 
or provide other forms of preference for small businesses are exempt. 
FAR 19.502-2 states that acquisitions that do not exceed $150,000 (with 
some exceptions) are automatically reserved exclusively for small 
business concerns.

IV. Paperwork Reduction Act

    This rule affects the certification and information collection 
requirements in the provision 252.225-7035, currently approved under 
OMB Control Number 0704-0229, titled Defense Federal Acquisition 
Regulation Supplement Part 225, Foreign Acquisition, and related 
clauses, in accordance with the Paperwork Reduction Act (44 U.S.C. 
chapter 35). OMB Control Number 0704-0229 assessed the total burden 
related to part 225 at approximately 57,230 hours. The impact, however, 
is negligible, because it is just a question of under which category 
offered goods from Colombia would be listed.

List of Subjects in 48 CFR Part 252

    Government procurement.

Kortnee Stewart,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR part 252, which was 
published at 77 FR 31536 on May 29, 2012, is adopted as a final rule 
without change.
[FR Doc. 2013-07108 Filed 3-27-13; 8:45 am]
BILLING CODE 5001-06-P