Defense Federal Acquisition Regulation Supplement: New Free Trade Agreement-Panama (DFARS Case 2012-D044), 65221-65222 [2013-25726]
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
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 is just updating the lists of
designated countries in order to reflect
the fact that Croatia is now a member of
the European Union.
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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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 Paperwork Reduction Act does
apply, because the rule affects the
response of an offeror that is offering a
product of Croatia to the information
collection requirements in the
provisions at DFARS 252.225–7020, due
to the changed definition of ‘‘designated
country’’ at DFARS 252.225–7021. The
offeror no longer needs to list a product
from Croatia under ‘‘other end
products,’’ because Croatia is now a
designated country. This information
collection requirement is currently
approved under OMB clearances 0704–
0229. The impact, however, is
negligible.
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
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 48 CFR
part 252 continues 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 ‘‘(AUG
2013)’’ and adding ‘‘(OCT 2013)’’ in its
place; and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’ in paragraph (i)
adding, in alphabetical order, the
country of ‘‘Croatia’’.
■
■
252.225–7021
[Amended]
3. Amend section 252.225–7021 by—
a. Removing the clause date ‘‘(AUG
2013)’’ and adding ‘‘(OCT 2013)’’ in its
place; and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’ in paragraph (i)
adding, in alphabetical order, the
country of ‘‘Croatia’’.
■
■
252.225–7045
[Amended]
4. Amend section 252.225–7045 by—
a. Removing the date ‘‘(AUG 2013)’’
and adding ‘‘(OCT 2013)’’ in its place;
and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’ in paragraph (1),
adding, in alphabetical order, the
country of ‘‘Croatia’’.
■
■
[FR Doc. 2013–25730 Filed 10–30–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AH79
Defense Federal Acquisition
Regulation Supplement: New Free
Trade Agreement—Panama (DFARS
Case 2012–D044)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
65221
DoD has adopted as final,
with changes, an interim rule amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) 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 October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Telephone 571–372–
6106.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the
Federal Register at 77 FR 68699 on
November 16, 2012, to implement the
United States—Panama Trade
Promotion Agreement. No respondents
submitted public comments in response
to the interim rule; however, a
conforming change was made to the
Duty-Free Entry clause, an amendment
was made to the Photovoltaic Devices—
Certificate clause to correct the
electronic Code of Federal Regulations,
and a correction was made to Alternate
I of the Buy American Act–Free Trade
Agreements-Balance of Payments
Program Certificate. Therefore, DoD is
converting the interim rule to a final
rule with changes.
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.,
because the Department of Defense only
applies the trade agreements to the nondefense items listed at DFARS 225.401–
70, and acquisitions that are set aside or
E:\FR\FM\31OCR1.SGM
31OCR1
65222
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
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.
16, 2012, is adopted as a final rule with
the following changes:
IV. Paperwork Reduction Act
■
This rule affects the certification and
information collection requirements in
the provisions at DFARS 252.225–7020
and 252.225–7035 and the clause at
252.225–7013, currently approved
under OMB Control Number 0704–229,
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). The impact, however, is
negligible, because it is just a question
of under which category offered goods
from Panama would be listed and
inclusion of products of Panama in the
definition of ‘‘eligible products’’ in
acquisitions that are equal to or exceed
$202,000. The rule also affects DFARS
252.225–7018, which is a variant of the
Buy American-trade agreements
certifications already approved, which
was issued as an interim rule under
DFARS Case 2011–D046 (76 FR 78858,
December 20, 2011).
List of Subjects in 48 CFR Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
wreier-aviles on DSK5TPTVN1PROD with RULES
Accordingly, the interim rule
amending 48 CFR part 252, which was
published at 77 FR 68699 on November
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Section 252.225–7013 is
amended—
■ a. By removing the clause date ‘‘(JUN
2012)’’ and adding ‘‘(OCT 2013)’’ in its
place;
■ b. By revising the paragraph (a)
definition for ‘‘Eligible product’’; and
■ c. By amending the paragraph (a)
definition for ‘‘‘‘Qualifying country’’
and ‘‘qualifying country end product’’’’
by adding the term ‘‘,basic or alternate’’
at the end of the sentence.
The revision reads as follows:
■
252.225–7013
*
*
*
*
(a) * * *
Eligible product means—
(i) Designated country end product as
defined in the Trade Agreements clause
of this contract;
(ii) Free Trade Agreement country end
product, other than a Bahrainian end
product, a Moroccan end product, a
Panamanian end product, or a Peruvian
end product, as defined in the Buy
American—Free Trade Agreements—
Balance of Payments Program clause of
this contract, basic or its Alternate II;
(iii) Canadian end product as defined
in Alternate I or Alternate III of the Buy
American—Free Trade Agreements—
Balance of Payments Program clause of
this contract; or
PO 00000
Frm 00078
Fmt 4700
Sfmt 9990
252.225–7018
[Amended]
3. Section 252.225–7018 paragraph
(c)(6) is amended by removing
‘‘$203,000’’ and adding ‘‘$202,000’’ in
its place.
■ 4. Section 252.225–7035, Alternate I is
revised as follows:
■
252.225–7035 Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate.
*
*
*
*
*
ALTERNATE I (OCT 2013)
Duty-Free Entry
*
(iv) Free Trade Agreement country
end product other than a Bahrainian
end product, Korean end product,
Moroccan end product, Panamanian
end product, or Peruvian end product as
defined in Alternate IV or Alternate V
of the Buy American—Free Trade
Agreements—Balance of Payments
Program clause of this contract.
*
*
*
*
*
As prescribed in 225.1101(9)(ii), substitute
the phrase ‘‘Canadian end product’’ for the
phrases ‘‘Bahrainian end product,’’ ‘‘Free
Trade Agreement country,’’ ‘‘Free Trade
Agreement country end product,’’ ‘‘Moroccan
end product,’’ ‘‘Panamanian end product,’’
and ‘‘Peruvian end products’’ in paragraph
(a) of the basic provision; substitute the
phrase ‘‘Canadian end products’’ for the
phrase ‘‘Free Trade Agreement country end
products other than Bahrainian end products,
Moroccan end products, Panamanian end
products, or Peruvian end products’’ in
paragraphs (b)(2) and (c)(2)(ii) of the basic
provision; and delete the phrase ‘‘Australian
or’’ from paragraph (c)(2)(i) of the basic
provision.
*
*
*
*
*
[FR Doc. 2013–25726 Filed 10–30–13; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65221-65222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25726]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AH79
Defense Federal Acquisition Regulation Supplement: New Free Trade
Agreement--Panama (DFARS Case 2012-D044)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, with changes, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
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 October 31, 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
68699 on November 16, 2012, to implement the United States--Panama
Trade Promotion Agreement. No respondents submitted public comments in
response to the interim rule; however, a conforming change was made to
the Duty-Free Entry clause, an amendment was made to the Photovoltaic
Devices--Certificate clause to correct the electronic Code of Federal
Regulations, and a correction was made to Alternate I of the Buy
American Act-Free Trade Agreements-Balance of Payments Program
Certificate. Therefore, DoD is converting the interim rule to a final
rule with changes.
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.,
because the Department of Defense only applies the trade agreements to
the non-defense items listed at DFARS 225.401-70, and acquisitions that
are set aside or
[[Page 65222]]
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 provisions at DFARS 252.225-7020 and 252.225-7035
and the clause at 252.225-7013, currently approved under OMB Control
Number 0704-229, 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). The
impact, however, is negligible, because it is just a question of under
which category offered goods from Panama would be listed and inclusion
of products of Panama in the definition of ``eligible products'' in
acquisitions that are equal to or exceed $202,000. The rule also
affects DFARS 252.225-7018, which is a variant of the Buy American-
trade agreements certifications already approved, which was issued as
an interim rule under DFARS Case 2011-D046 (76 FR 78858, December 20,
2011).
List of Subjects in 48 CFR Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Accordingly, the interim rule amending 48 CFR part 252, which was
published at 77 FR 68699 on November 16, 2012, is adopted as a final
rule with the following changes:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 252.225-7013 is amended--
0
a. By removing the clause date ``(JUN 2012)'' and adding ``(OCT 2013)''
in its place;
0
b. By revising the paragraph (a) definition for ``Eligible product'';
and
0
c. By amending the paragraph (a) definition for ````Qualifying
country'' and ``qualifying country end product'''' by adding the term
``,basic or alternate'' at the end of the sentence.
The revision reads as follows:
252.225-7013 Duty-Free Entry
* * * * *
(a) * * *
Eligible product means--
(i) Designated country end product as defined in the Trade
Agreements clause of this contract;
(ii) Free Trade Agreement country end product, other than a
Bahrainian end product, a Moroccan end product, a Panamanian end
product, or a Peruvian end product, as defined in the Buy American--
Free Trade Agreements--Balance of Payments Program clause of this
contract, basic or its Alternate II;
(iii) Canadian end product as defined in Alternate I or Alternate
III of the Buy American--Free Trade Agreements--Balance of Payments
Program clause of this contract; or
(iv) Free Trade Agreement country end product other than a
Bahrainian end product, Korean end product, Moroccan end product,
Panamanian end product, or Peruvian end product as defined in Alternate
IV or Alternate V of the Buy American--Free Trade Agreements--Balance
of Payments Program clause of this contract.
* * * * *
252.225-7018 [Amended]
0
3. Section 252.225-7018 paragraph (c)(6) is amended by removing
``$203,000'' and adding ``$202,000'' in its place.
0
4. Section 252.225-7035, Alternate I is revised as follows:
252.225-7035 Buy American--Free Trade Agreements--Balance of Payments
Program Certificate.
* * * * *
ALTERNATE I (OCT 2013)
As prescribed in 225.1101(9)(ii), substitute the phrase
``Canadian end product'' for the phrases ``Bahrainian end product,''
``Free Trade Agreement country,'' ``Free Trade Agreement country end
product,'' ``Moroccan end product,'' ``Panamanian end product,'' and
``Peruvian end products'' in paragraph (a) of the basic provision;
substitute the phrase ``Canadian end products'' for the phrase
``Free Trade Agreement country end products other than Bahrainian
end products, Moroccan end products, Panamanian end products, or
Peruvian end products'' in paragraphs (b)(2) and (c)(2)(ii) of the
basic provision; and delete the phrase ``Australian or'' from
paragraph (c)(2)(i) of the basic provision.
* * * * *
[FR Doc. 2013-25726 Filed 10-30-13; 8:45 am]
BILLING CODE 5001-06-P
