Federal Acquisition Regulation; Deletion of Report to Congress on Foreign-Manufactured Products, 37694-37695 [2013-14617]

Download as PDF 37694 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations WOSB Program, as envisioned by section 1697. However, pursuant to 41 U.S.C. 1707 and FAR 1.501–3(b), DoD, GSA, and NASA will consider public comments received in response to this interim rule in the formation of the final rule. List of Subject in 48 CFR Part 19 Government procurement. Dated: June 13, 2013. William Clark, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 19 as set forth below: PART 19—SMALL BUSINESS PROGRAMS 1. The authority citation for 48 CFR part 19 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 19.1505 [Amended] 2. Amend section 19.1505 by— a. Adding to the end of paragraph (b)(1) ‘‘and’’; ■ b. Removing paragraph (b)(2); ■ c. Redesignating paragraph (b)(3) as (b)(2); ■ d. Adding to the end of paragraph (c)(1) ‘‘and’’; ■ e. Removing paragraph (c)(2); ■ f. Redesignating paragraph (c)(3) as (c)(2); and ■ g. Removing from paragraph (g)(3) ‘‘appeal, that there are urgent’’ and adding ‘‘appeal, unless the head of the agency makes a written determination that urgent’’ in its place. ■ ■ [FR Doc. 2013–14616 Filed 6–20–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 25 [FAC 2005–67; FAR Case 2013–008; Item VIII; Docket 2013–0008, Sequence 1] TKELLEY on DSK3SPTVN1PROD with RULES2 RIN 9000–AM54 Federal Acquisition Regulation; Deletion of Report to Congress on Foreign-Manufactured Products Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: VerDate Mar<15>2010 18:42 Jun 20, 2013 Jkt 229001 ACTION: Final rule. DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to eliminate an obsolete Congressional reporting requirement on acquisitions of end products manufactured outside the United States. DATES: Effective Date: July 22, 2013. 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 2005–67, FAR Case 2013–008. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background This final rule amends FAR 25.001 and 25.004 to eliminate an obsolete Congressional reporting requirement imposed by the United States Troops Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (41 U.S.C. 8302(b)(1)). This Act required the heads of each Federal agency to submit a report to Congress on acquisitions of articles, materials, or supplies that are manufactured outside the United States for Fiscal Year 2007 through Fiscal Year 2011. The report to Congress is no longer required but the collection of the data in the Federal Procurement Data System is still required (see FAR 52.225–18, Place of Manufacture). II. Discussion and Analysis ‘‘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 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 this rule serves to eliminate a reporting requirement that only affected the internal operating procedures of the Government. 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 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 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 Executive Order 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 FAR revision within the meaning of FAR 1.501–1 and 41 U.S.C. 1707 and does not require publication for public comment. V. Paperwork Reduction Act The final 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 Subject in 48 CFR Part 25 Government procurement. Dated: June 13, 2013. William Clark, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 25 as set forth below: 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 51 U.S.C. 20113. 25.001 [Amended] 2. Amend section 25.001 by— a. Removing from the introductory text of paragraph (c) ‘‘report on end products manufactured outside the United States (see 25.004)’’ and adding ‘‘representation on end products manufactured outside the United States (see 52.225–18)’’ in its place; and ■ b. Removing from paragraph (c)(3) ‘‘For the reporting requirement at 25.004’’ and adding ‘‘For the representation at 52.225–18’’ in its place. ■ ■ E:\FR\FM\21JNR2.SGM 21JNR2 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations 25.004 ■ [Removed] for supplies and services for most of the FTAs ($77,494), and equals the Bahrain, Morocco, Oman, and Peru FTA thresholds for supplies and services ($202,000). The excluded services for the Panama FTA are the same as for the Bahrain FTA, Dominican Republic— Central American FTA, Chile FTA, Colombia FTA, NAFTA, Oman FTA, and Peru FTA. 3. Remove section 25.004. [FR Doc. 2013–14617 Filed 6–20–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the comments in the development of the final rule. A discussion of the comments is provided as follows: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–67; FAR Case 2012–027; Item IX; Docket 2012–0027, Sequence 1] RIN 9000–AM43 Federal Acquisition Regulation; Free Trade Agreement (FTA)-Panama 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, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the United States-Panama 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 Panama. DATES: Effective Date: June 21, 2013. 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 2005–67, FAR Case 2012–027. SUPPLEMENTARY INFORMATION: TKELLEY on DSK3SPTVN1PROD with RULES2 SUMMARY: I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 77 FR 69723, on November 20, 2012, to implement the United States-Panama Trade Promotion Agreement. The comment period closed on January 22, 2013. Two respondents submitted comments on the interim rule. The interim rule added Panama to the definition of ‘‘Free Trade Agreement country’’ in multiple locations in the FAR. The Panama FTA covers acquisitions of supplies and services equal to or exceeding $202,000. The threshold for the Panama FTA is $7,777,000 for construction contracts. The Panama FTA threshold for supplies and services is higher than the threshold VerDate Mar<15>2010 18:42 Jun 20, 2013 Jkt 229001 A. Summary of Significant Changes The Councils have adopted the interim rule as final without change. B. Analysis of Public Comments 1. Need for Separate Defense Federal Acquisition Regulation Supplement (DFARS) Rule Comment: One respondent commented that they were concerned about the necessity of the interim rule, under Executive Orders 12866 and 13563, for a separate, redundant DFARS rule for the Free Trade Agreement. Response: Implementation of trade agreements in the FAR is necessary for broad government-wide application of the trade agreements. DoD needs its unique provisions and clauses to cover Buy American and trade agreements because of unique requirements. One of the most significant reasons is the need to address the products of qualifying countries (those countries with which DoD has a Reciprocal Defense Procurement Memorandum of Understanding or other International Agreement). In addition, the Oman FTA and the Israeli Trade Agreement do not apply to DoD acquisitions. There are also statutory and policy determinations that impact DoD acquisitions of the products of Iraq and Afghanistan and other countries in the region (South Caucasus and Central and South Asia). DoD also continues to implement the Balance of Payments Program, applying the principles of the Buy American statute to acquisitions of goods for use outside the United States. Therefore, DoD has never been able to rely on promulgation of Free Trade Agreements solely within the FAR. 2. Information Collection Requirement Comment: One respondent was further concerned that the information collection requirement is not negligible as characterized by the DFARS interim PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 37695 rule. According to the respondent, the DFARS requirement will require costly duplicate reporting in order to maintain compliance and is therefore not negligible. Response: The Federal Register preamble for the FAR and DFARS rules did not state that the information collection requirement relating to Free Trade Agreements was negligible. The statement was that the change caused by adding Panama as a Free Trade Agreement country is negligible. There are approved burdens for the FAR Buy American and trade provisions under OMB clearance numbers 9000–0025, 9000–0130, 9000–0136, and 9000–0141. There are also burden hours approved for DoD acquisitions subject to Buy American or trade agreements under OMB clearance number 0704–0229. The DFARS requirement does not cause duplicate reporting, because no solicitation should include both the FAR and the DFARS Buy American and/or trade agreements provision. The DFARS provisions are used in lieu of the FAR provisions. 3. Access Through Canal and Security for Cargo Comment: One respondent commented that we should work with other companies for joint economic development projects and, as to Panama, make certain that the agreements provide that we will have continued access through the canal and the necessary security for our cargo. Response: The Council takes no position on this comment because it is outside the scope of this case, which was limited to implementing the United States-Panama Trade Promotion Agreement. The Office of the United States Trade Representative negotiates the treaties, which are then implemented in law by Congress. 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 E:\FR\FM\21JNR2.SGM 21JNR2

Agencies

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37694-37695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14617]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 25

[FAC 2005-67; FAR Case 2013-008; Item VIII; Docket 2013-0008, Sequence 
1]
RIN 9000-AM54


Federal Acquisition Regulation; Deletion of Report to Congress on 
Foreign-Manufactured Products

AGENCY: 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 eliminate an obsolete 
Congressional reporting requirement on acquisitions of end products 
manufactured outside the United States.

DATES: Effective Date: July 22, 2013.

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 2005-67, FAR Case 2013-
008.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule amends FAR 25.001 and 25.004 to eliminate an 
obsolete Congressional reporting requirement imposed by the United 
States Troops Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (41 U.S.C. 8302(b)(1)).
    This Act required the heads of each Federal agency to submit a 
report to Congress on acquisitions of articles, materials, or supplies 
that are manufactured outside the United States for Fiscal Year 2007 
through Fiscal Year 2011. The report to Congress is no longer required 
but the collection of the data in the Federal Procurement Data System 
is still required (see FAR 52.225-18, Place of Manufacture).

II. Discussion and Analysis

    ``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 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 this rule serves to eliminate a reporting requirement that only 
affected the internal operating procedures of the Government.

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 Executive Order 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 FAR revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require 
publication for public comment.

V. Paperwork Reduction Act

    The final 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 Subject in 48 CFR Part 25

    Government procurement.

    Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 25 as set forth 
below:

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 51 
U.S.C. 20113.


25.001  [Amended]

0
2. Amend section 25.001 by--
0
a. Removing from the introductory text of paragraph (c) ``report on end 
products manufactured outside the United States (see 25.004)'' and 
adding ``representation on end products manufactured outside the United 
States (see 52.225-18)'' in its place; and
0
b. Removing from paragraph (c)(3) ``For the reporting requirement at 
25.004'' and adding ``For the representation at 52.225-18'' in its 
place.

[[Page 37695]]

25.004  [Removed]

0
3. Remove section 25.004.

[FR Doc. 2013-14617 Filed 6-20-13; 8:45 am]
BILLING CODE 6820-EP-P