Defense Federal Acquisition Regulation Supplement: Least Developed Countries That Are Designated Countries (DFARS Case 2013-D019), 48333-48334 [2013-18968]
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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations
C. Other Changes
1. Subparagraph 252.204–7000(b)(1)
of the proposed rule, which provided
exceptions for information required as
part of an official Defense Contract
Audit Agency audit or DoD Inspector
General investigation, or by a
Congressional or Federal subpoena, is
removed, because the clause did not
previously protect the information from
release under these circumstances.
2. Subparagraph 252.204–7000(b)(3)
of the proposed rule is revised to delete
‘‘except as otherwise provided by
applicable Federal statutes regulations,
or Executive orders.’’ Subparagraph
252.204–7000(d) of the proposed rule is
revised to clarify that the paragraph
requiring the flowdown of the contract
clause should also be included in any
subcontracts, in order to provide
flowdown to lower tier subcontracts.
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.
mstockstill on DSK4VPTVN1PROD with RULES
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This final rule implements guidance
provided by the Undersecretary of
Defense for Acquisition, Technology
and Logistics (AT&L) in a memorandum
dated May 24, 2010, by providing a
fundamental research exception to the
general rule against disclosure of
unclassified information. The subject
matter of this final rule was previously
included in proposed rule 2011–D039,
which was published in the Federal
Register on June 29, 2011 (76 FR 38089);
however, the text was deemed more
appropriate for a stand-alone case
because this subject matter deals with
the release of information and not the
safeguarding of information. An initial
regulatory flexibility analysis was
VerDate Mar<15>2010
16:04 Aug 07, 2013
Jkt 229001
prepared, and no public comments were
received. Also, DoD received no
comments by the Chief Counsel for
Advocacy of the Small Business
Administration in response to the
proposed rule.
This final rule applies to all Federal
contractors, regardless of size or
business ownership, when responding
to solicitations or being awarded
contracts that include requirements that
meet the definition of fundamental
research as contained within NSDD 189.
The final rule is not expected to have a
significant impact on small entities,
because the rule aims to implement
policy guidance that is already being
followed within DoD regarding
restrictions on the disclosure of
fundamental research.
The rule does not contain any
reporting or recordkeeping requirements
and does not require contractors to
expend significant cost or effort. There
are no known significant alternatives to
the rule that would further minimize
any economic impact of the rule on
small entities.
V. Paperwork Reduction Act
The rule does not add any new
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 Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for part 252
continue to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
Chapter 1.
2. Revise section 252.204–7000 to
read as follows:
■
252.204–7000
Disclosure of information.
As prescribed in 204.404–70(a), use
the following clause:
DISCLOSURE OF INFORMATION (AUG
2013)
(a) The Contractor shall not release to
anyone outside the Contractor’s organization
any unclassified information, regardless of
medium (e.g., film, tape, document),
pertaining to any part of this contract or any
program related to this contract, unless—
(1) The Contracting Officer has given prior
written approval;
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
48333
(2) The information is otherwise in the
public domain before the date of release; or
(3) The information results from or arises
during the performance of a project that has
been scoped and negotiated by the
contracting activity with the Contractor and
research performer and determined in
writing by the Contracting Officer to be
fundamental research in accordance with
National Security Decision Directive 189,
National Policy on the Transfer of Scientific,
Technical and Engineering Information, in
effect on the date of contract award and the
USD (AT&L) memoranda on Fundamental
Research, dated May 24, 2010, and on
Contracted Fundamental Research, dated
June 26, 2008, (available at DFARS PGI
204.4).
(b) Requests for approval under paragraph
(a)(1) shall identify the specific information
to be released, the medium to be used, and
the purpose for the release. The Contractor
shall submit its request to the Contracting
Officer at least 10 business days before the
proposed date for release.
(c) The Contractor agrees to include a
similar requirement, including this paragraph
(c), in each subcontract under this contract.
Subcontractors shall submit requests for
authorization to release through the prime
contractor to the Contracting Officer.
(End of clause)
[FR Doc. 2013–18960 Filed 8–7–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AI00
Defense Federal Acquisition
Regulation Supplement: Least
Developed Countries That Are
Designated Countries (DFARS Case
2013–D019)
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 implement a revision by the
United States Trade Representative
(USTR) to the list of least developed
countries that are designated countries
under the Trade Agreements Act of
1979.
SUMMARY:
DATES:
Effective: August 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Amy G. Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08AUR1.SGM
08AUR1
48334
Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations
I. Background
19 U.S.C. 2511(b)(4) allows the
President to designate least developed
countries as eligible countries under the
Trade Agreements Act of 1979, allowing
non-discriminatory treatment of the
products of such countries in
acquisitions subject to the World Trade
Organization Government Procurement
Agreement. This statutory authority has
been delegated to the United States
Trade Representative (USTR). The
USTR selects the countries for such
designation from the United Nations
(UN) Least Developed Countries List.
The USTR consults with other
Government agencies on trade policy
matters through the Trade Policy
Review Group and the Trade Policy
Staff Committee. These changes are
necessary to reflect the UN General
Assembly’s current list of least
developed countries. Based on changes
to the UN Least Developed Countries
List and the approval of the Trade
Policy Staff Committee, the USTR has
revised the list of least developed
countries that are designated as eligible
countries as follows:
• Changed the name of East Timor to
Timor-Leste, reflecting the changed
name on the UN list.
• Removed the Maldives, which is no
longer a least developed country.
• Added South Sudan, which
seceded from Sudan to form an
independent state on July 9, 2011, and
was formally recognized as a least
developed country by the UN in
December 2012. Although the United
States continues to impose sanctions
against Sudan, South Sudan is not
subject to sanctions.
This final rule revises the definitions
of ‘‘designated country’’ in various
DFARS clauses (DFARS 252.225–7017,
Photovoltaic Devices; DFARS 252.225–
7021, Trade Agreements; and DFARS
252.225–7045, Balance of Payments
Program—Construction Material Under
Trade Agreements).
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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 that 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
VerDate Mar<15>2010
16:04 Aug 07, 2013
Jkt 229001
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 only revises the list of least
developed countries that the USTR has
designated as eligible for nondiscriminatory treatment under the
Trade Agreements Act. Addition of
South Sudan and removal of Maldives
will have no significant effect beyond
the internal operating procedures of the
Government or a significant cost or
administrative impact on contractors or
offerors.
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, it 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
List of Subjects in 48 CFR Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
Frm 00052
Fmt 4700
Sfmt 4700
1. The authority citation for 48 CFR
part 252 continue to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.225–7017
[Amended]
2. Amend section 252.225–7017 by—
a. Removing the clause date ‘‘(DEC
2012)’’ and adding ‘‘(AUG 2013)’’ in its
place; and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’ in paragraph (iii),
removing the countries of ‘‘East Timor’’
and ‘‘Maldives’’ and adding, in
alphabetical order, the countries of
‘‘South Sudan’’ and ‘‘Timor-Leste’’.
■
■
252.225–7021
[Amended]
3. Amend section 252.225–7021 by—
a. Removing the clause date ‘‘(DEC
2012)’’ and adding ‘‘(AUG 2013)’’ in its
place; and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’ in paragraph (iii),
removing the countries of ‘‘East Timor’’
and ‘‘Maldives’’ and adding, in
alphabetical order, the countries of
‘‘South Sudan’’ and ‘‘Timor-Leste’’.
■
■
252.225–7045
[Amended]
4. Amend section 252.225–7045 by—
a. Removing the clause date ‘‘(NOV
2012)’’ and adding ‘‘(AUG 2013)’’ in its
place; and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’ in paragraph (3),
removing the countries of ‘‘East Timor’’
and ‘‘Maldives’’ and adding, in
alphabetical order, the countries of
‘‘South Sudan’’ and ‘‘Timor-Leste’’.
■
■
[FR Doc. 2013–18968 Filed 8–7–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
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).
PO 00000
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
49 CFR Part 95
[Docket No. DOT–OST–2013–0015]
RIN 2105–AE22
Advisory Committees (RRR)
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule removes DOT’s
advisory committee regulations. The
DOT is removing the regulations
because they have been made obsolete
by other laws, regulations, and agency
procedures.
SUMMARY:
E:\FR\FM\08AUR1.SGM
08AUR1
]]>Agencies
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48333-48334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18968]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AI00
Defense Federal Acquisition Regulation Supplement: Least
Developed Countries That Are Designated Countries (DFARS Case 2013-
D019)
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 implement a revision by
the United States Trade Representative (USTR) to the list of least
developed countries that are designated countries under the Trade
Agreements Act of 1979.
DATES: Effective: August 8, 2013.
FOR FURTHER INFORMATION CONTACT: Amy G. Williams, telephone 571-372-
6106.
SUPPLEMENTARY INFORMATION:
[[Page 48334]]
I. Background
19 U.S.C. 2511(b)(4) allows the President to designate least
developed countries as eligible countries under the Trade Agreements
Act of 1979, allowing non-discriminatory treatment of the products of
such countries in acquisitions subject to the World Trade Organization
Government Procurement Agreement. This statutory authority has been
delegated to the United States Trade Representative (USTR). The USTR
selects the countries for such designation from the United Nations (UN)
Least Developed Countries List. The USTR consults with other Government
agencies on trade policy matters through the Trade Policy Review Group
and the Trade Policy Staff Committee. These changes are necessary to
reflect the UN General Assembly's current list of least developed
countries. Based on changes to the UN Least Developed Countries List
and the approval of the Trade Policy Staff Committee, the USTR has
revised the list of least developed countries that are designated as
eligible countries as follows:
Changed the name of East Timor to Timor-Leste, reflecting
the changed name on the UN list.
Removed the Maldives, which is no longer a least developed
country.
Added South Sudan, which seceded from Sudan to form an
independent state on July 9, 2011, and was formally recognized as a
least developed country by the UN in December 2012. Although the United
States continues to impose sanctions against Sudan, South Sudan is not
subject to sanctions.
This final rule revises the definitions of ``designated country''
in various DFARS clauses (DFARS 252.225-7017, Photovoltaic Devices;
DFARS 252.225-7021, Trade Agreements; and DFARS 252.225-7045, Balance
of Payments Program--Construction Material Under Trade Agreements).
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 that 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 only revises the list of least developed countries that the
USTR has designated as eligible for non-discriminatory treatment under
the Trade Agreements Act. Addition of South Sudan and removal of
Maldives will have no significant effect beyond the internal operating
procedures of the Government or a significant cost or administrative
impact on contractors or offerors.
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, it 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
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 Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continue to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
252.225-7017 [Amended]
0
2. Amend section 252.225-7017 by--
0
a. Removing the clause date ``(DEC 2012)'' and adding ``(AUG 2013)'' in
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in
paragraph (iii), removing the countries of ``East Timor'' and
``Maldives'' and adding, in alphabetical order, the countries of
``South Sudan'' and ``Timor-Leste''.
252.225-7021 [Amended]
0
3. Amend section 252.225-7021 by--
0
a. Removing the clause date ``(DEC 2012)'' and adding ``(AUG 2013)'' in
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in
paragraph (iii), removing the countries of ``East Timor'' and
``Maldives'' and adding, in alphabetical order, the countries of
``South Sudan'' and ``Timor-Leste''.
252.225-7045 [Amended]
0
4. Amend section 252.225-7045 by--
0
a. Removing the clause date ``(NOV 2012)'' and adding ``(AUG 2013)'' in
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in
paragraph (3), removing the countries of ``East Timor'' and
``Maldives'' and adding, in alphabetical order, the countries of
``South Sudan'' and ``Timor-Leste''.
[FR Doc. 2013-18968 Filed 8-7-13; 8:45 am]
BILLING CODE 5001-06-P
