Federal Acquisition Regulation; New Designated Country-Croatia, 70480-70481 [2013-28054]
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70480
Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005–71; FAR Case 2013–019; Item
II; Docket No. 2013–0019, Sequence No. 1]
RIN 9000–AM66
Federal Acquisition Regulation; New
Designated Country—Croatia
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
add Croatia as a new designated country
under the World Trade Organization
Government Procurement Agreement
(WTO GPA). On July 1, 2013, Croatia
joined the European Union, which is a
party to the WTO GPA.
DATES: Effective: November 25, 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 2005–71, FAR
Case 2013–019.
SUPPLEMENTARY INFORMATION:
SUMMARY:
sroberts on DSK5SPTVN1PROD with RULES
I. Background
The European Union is a party to the
WTO GPA and has assumed rights and
obligations under the WTO GPA on
behalf of its member states. On July 1,
2013, Croatia became a member of the
European Union. Therefore, the
European Union has committed to
assume rights and obligations on behalf
of Croatia under the WTO GPA. On June
27, 2013, the WTO Committee on
Government Procurement approved the
application of the WTO GPA to Croatia.
The United States, which is also a party
to the WTO GPA, has agreed to waive
discriminatory purchasing requirements
for eligible products and supplies of
Croatia (see 78 FR 60368, dated October
1, 2013).
Therefore, this rule adds Croatia to
the list of WTO GPA countries wherever
it appears in the FAR, whether as a
separate definition, as part of the
definition of ‘‘designated country’’ or
‘‘Recovery Act designated country’’, or
as part of the list of countries exempt
VerDate Mar<15>2010
19:27 Nov 22, 2013
Jkt 005300
from the prohibition of acquisition of
products produced by forced or
indentured child labor (FAR 22.1503,
25.003, 52.222–19, 52.225–5, 52.225–11,
and 52.225–23).
Likewise, as a member of the
European Union, Croatia also is a party
to the Agreement on Trade in Civil
Aircraft (FAR 25.407 and 52.225–7).
Conforming changes were required to
FAR 52.212–5, Contract Terms and
Conditions Required to Implement
Statute or Executive Orders—
Commercial Items, and 52.213–4, Terms
and Conditions—Simplified
Acquisitions (Other Than Commercial
Items).
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 is just updating the lists of
designated countries and countries that
are party to the Agreement on Trade in
Civil Aircraft, in order to reflect the fact
that Croatia is now a member of the
European Union.
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 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 FAR 52.212–3(g)(5),
52.225–6, 52.225–11, and 52.225–23.
The offeror no longer needs to list a
product from Croatia under ‘‘other end
products’’, because Croatia is now a
designated country. These information
collection requirements are currently
approved under OMB Control Numbers
9000–0136: Commercial Item
Acquisitions, 9000–0025: Buy American
Act, Trade Agreements Act Certificate,
and 9000–0141: Buy American—
Construction, respectively. The impact,
however, is negligible.
List of Subjects in 48 CFR Parts 22, 25,
and 52
Government procurement.
Dated: November 18, 2013.
William Clark,
Acting Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 22, 25, and 52 as
set forth below:
■ 1. The authority citation for 48 CFR
parts 22, 25, and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
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.
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1503
[Amended]
2. Amend section 22.1503 by
removing from paragraph (b)(4)
‘‘Bulgaria, Cyprus’’ and adding
‘‘Bulgaria, Croatia, Cyprus’’ in its place.
■
PART 25—FOREIGN ACQUISITION
25.003
[Amended]
3. Amend section 25.003 by—
a. Removing from the definition
‘‘Designated country’’, in paragraph (1),
‘‘Canada, Cyprus’’ and adding, ‘‘Canada,
Croatia, Cyprus’’ in its place; and
■ b. Removing from the definition
‘‘World Trade Organization Government
Procurement Agreement (WTO GPA)
■
■
E:\FR\FM\25NOR3.SGM
25NOR3
Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations
country’’, ‘‘Canada, Cyprus’’ and adding
‘‘Canada, Croatia, Cyprus’’ in its place.
Subpart 25.4—Trade Agreements
25.407
[Amended]
4. Amend section 25.407 by removing
‘‘Canada, Cyprus’’ and adding ‘‘Canada,
Croatia, Cyprus’’ in its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.212–5 by
revising the date of the clause and
paragraphs (b)(27) and (b)(41) to read as
follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
(NOV 2013)
*
*
*
*
*
*
*
*
*
*
*
6. Amend section 52.213–4 by
revising the date of the clause and
paragraph (b)(1)(ii) to read as follows:
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (NOV 2013)
*
*
*
*
*
(b) * * *
(1) * * *
(ii) 52.222–19, Child Labor—Cooperation
with Authorities and Remedies (NOV 2013)
(E.O. 13126). (Applies to contracts for
supplies exceeding the micro-purchase
threshold.)
*
*
*
*
*
7. Amend section 52.222–19 by—
a. Revising the date of the clause; and
b. Removing from paragraph (a)(4)
‘‘Bulgaria, Cyprus’’ and adding
‘‘Bulgaria, Croatia, Cyprus’’ in its place.
The revision reads as follows:
sroberts on DSK5SPTVN1PROD with RULES
■
■
■
52.222–19 Child Labor—Cooperation with
Authorities and Remedies.
*
*
*
*
*
*
*
Trade Agreements (NOV 2013)
*
*
*
*
*
9. Amend section 52.225–7 by—
a. Revising the date of the provision;
and
■ b. Removing from paragraph (b)
‘‘Canada, Cyprus’’ and adding ‘‘Canada,
Croatia, Cyprus’’ in its place.
The revised text reads as follows:
■
■
*
*
*
*
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19:27 Nov 22, 2013
Jkt 005300
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 31 and 52
[FAC 2005–71; Item III; Docket No. 2013–
0080; Sequence No. 5]
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
*
ACTION:
SUMMARY:
*
*
*
*
10. Amend section 52.225–11:
a. By revising the date of the clause;
and
■ b. In paragraph (a), in paragraph (1) of
the definition of ‘‘Designated country’’,
by removing ‘‘Canada, Cyprus’’ and
adding ‘‘Canada, Croatia, Cyprus’’ in its
place.
The revision reads as follows:
52.225–11 Buy American Act—
Construction Materials under Trade
Agreements.
*
*
*
*
*
Buy American Act—Construction
Materials Under Trade Agreements
(NOV 2013)
*
*
*
*
*
11. Amend section 52.225–23:
a. By revising the date of the clause;
b. In paragraph (a), in paragraph (1) of
the definition of ‘‘Designated country’’,
by removing ‘‘Canada, Cyprus’’ and
adding ‘‘Canada, Croatia, Cyprus’’ in its
place; and
■ c. By removing from paragraph (a), in
paragraph (1) of the definition of
‘‘Recovery Act designated country’’,
‘‘Canada, Cyprus’’ and adding, ‘‘Canada,
Croatia, Cyprus’’ in its place.
The revision reads as follows:
■
■
■
*
*
BILLING CODE 6820–EP–P
Waiver of Buy American Act for Civil
Aircraft and Related Articles (NOV
2013)
*
*
*
AGENCY:
*
Child Labor—Cooperation With
Authorities and Remedies (NOV 2013)
*
*
Federal Acquisition Regulation;
Technical Amendments
52.225–23 Required Use of American Iron,
Steel, and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements.
*
*
DEPARTMENT OF DEFENSE
Trade Agreements.
*
*
■
■
*
*
*
*
*
[FR Doc. 2013–28054 Filed 11–22–13; 8:45 am]
*
*
____(41) 52.225–5, Trade Agreements
(NOV 2013) (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
*
52.225–5
Required Use of American Iron, Steel,
and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements (NOV 2013)
52.225–7 Waiver of Buy American Act for
Civil Aircraft and Related Articles.
(b) * * *
____(27) 52.222–19, Child Labor—
Cooperation with Authorities and Remedies
(NOV 2013) (E.O. 13126).
*
8. Amend section 52.225–5:
a. By revising the date of the clause;
and
■ b. In paragraph (a), in paragraph (1) of
the definition of ‘‘Designated country’’,
by removing ‘‘Canada, Cyprus’’ and
adding ‘‘Canada, Croatia, Cyprus’’ in its
place.
The revisions reads as follows:
■
■
70481
PO 00000
*
*
Frm 00007
*
Fmt 4701
*
Sfmt 4700
Final rule.
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES:
Effective: November 25, 2013.
The
Regulatory Secretariat Division (MVCB),
1800 F Street NW., 2nd Floor,
Washington, DC 20405, 202–501–4755,
for information pertaining to status or
publication schedules. Please cite FAC
2005–71, Technical Amendments.
FOR FURTHER INFORMATION CONTACT:
In order to
update certain elements in 48 CFR parts
31 and 52, this document makes
editorial changes to the FAR.
SUPPLEMENTARY INFORMATION:
List of Subject in 48 CFR Parts 31 and
52
Government procurement.
Dated: November 18, 2013.
William Clark,
Acting Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 31 and 52 as set
forth below:
1. The authority citation for 48 CFR
parts 31 and 52 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
E:\FR\FM\25NOR3.SGM
25NOR3
]]>Agencies
[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70480-70481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28054]
[[Page 70480]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-71; FAR Case 2013-019; Item II; Docket No. 2013-0019,
Sequence No. 1]
RIN 9000-AM66
Federal Acquisition Regulation; New Designated Country--Croatia
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 add Croatia as a new designated
country under the World Trade Organization Government Procurement
Agreement (WTO GPA). On July 1, 2013, Croatia joined the European
Union, which is a party to the WTO GPA.
DATES: Effective: November 25, 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 2005-71, FAR Case 2013-
019.
SUPPLEMENTARY INFORMATION:
I. Background
The European Union is a party to the WTO GPA and has assumed rights
and obligations under the WTO GPA on behalf of its member states. On
July 1, 2013, Croatia became a member of the European Union. Therefore,
the European Union has committed to assume rights and obligations on
behalf of Croatia under the WTO GPA. On June 27, 2013, the WTO
Committee on Government Procurement approved the application of the WTO
GPA to Croatia. The United States, which is also a party to the WTO
GPA, has agreed to waive discriminatory purchasing requirements for
eligible products and supplies of Croatia (see 78 FR 60368, dated
October 1, 2013).
Therefore, this rule adds Croatia to the list of WTO GPA countries
wherever it appears in the FAR, whether as a separate definition, as
part of the definition of ``designated country'' or ``Recovery Act
designated country'', or as part of the list of countries exempt from
the prohibition of acquisition of products produced by forced or
indentured child labor (FAR 22.1503, 25.003, 52.222-19, 52.225-5,
52.225-11, and 52.225-23).
Likewise, as a member of the European Union, Croatia also is a
party to the Agreement on Trade in Civil Aircraft (FAR 25.407 and
52.225-7).
Conforming changes were required to FAR 52.212-5, Contract Terms
and Conditions Required to Implement Statute or Executive Orders--
Commercial Items, and 52.213-4, Terms and Conditions--Simplified
Acquisitions (Other Than Commercial Items).
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 is just updating the lists of designated countries and
countries that are party to the Agreement on Trade in Civil Aircraft,
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.
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 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 FAR 52.212-
3(g)(5), 52.225-6, 52.225-11, and 52.225-23. The offeror no longer
needs to list a product from Croatia under ``other end products'',
because Croatia is now a designated country. These information
collection requirements are currently approved under OMB Control
Numbers 9000-0136: Commercial Item Acquisitions, 9000-0025: Buy
American Act, Trade Agreements Act Certificate, and 9000-0141: Buy
American--Construction, respectively. The impact, however, is
negligible.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: November 18, 2013.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22, 25, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 22, 25, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1503 [Amended]
0
2. Amend section 22.1503 by removing from paragraph (b)(4) ``Bulgaria,
Cyprus'' and adding ``Bulgaria, Croatia, Cyprus'' in its place.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by--
0
a. Removing from the definition ``Designated country'', in paragraph
(1), ``Canada, Cyprus'' and adding, ``Canada, Croatia, Cyprus'' in its
place; and
0
b. Removing from the definition ``World Trade Organization Government
Procurement Agreement (WTO GPA)
[[Page 70481]]
country'', ``Canada, Cyprus'' and adding ``Canada, Croatia, Cyprus'' in
its place.
Subpart 25.4--Trade Agreements
25.407 [Amended]
0
4. Amend section 25.407 by removing ``Canada, Cyprus'' and adding
``Canada, Croatia, Cyprus'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.212-5 by revising the date of the clause and
paragraphs (b)(27) and (b)(41) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (NOV 2013)
* * * * *
(b) * * *
--------(27) 52.222-19, Child Labor--Cooperation with
Authorities and Remedies (NOV 2013) (E.O. 13126).
* * * * *
--------(41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C.
2501, et seq., 19 U.S.C. 3301 note).
* * * * *
0
6. Amend section 52.213-4 by revising the date of the clause and
paragraph (b)(1)(ii) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (NOV 2013)
* * * * *
(b) * * *
(1) * * *
(ii) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (NOV 2013) (E.O. 13126). (Applies to contracts for supplies
exceeding the micro-purchase threshold.)
* * * * *
0
7. Amend section 52.222-19 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(4) ``Bulgaria, Cyprus'' and adding
``Bulgaria, Croatia, Cyprus'' in its place.
The revision reads as follows:
52.222-19 Child Labor--Cooperation with Authorities and Remedies.
* * * * *
Child Labor--Cooperation With Authorities and Remedies (NOV 2013)
* * * * *
0
8. Amend section 52.225-5:
0
a. By revising the date of the clause; and
0
b. In paragraph (a), in paragraph (1) of the definition of ``Designated
country'', by removing ``Canada, Cyprus'' and adding ``Canada, Croatia,
Cyprus'' in its place.
The revisions reads as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements (NOV 2013)
* * * * *
0
9. Amend section 52.225-7 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (b) ``Canada, Cyprus'' and adding ``Canada,
Croatia, Cyprus'' in its place.
The revised text reads as follows:
52.225-7 Waiver of Buy American Act for Civil Aircraft and Related
Articles.
* * * * *
Waiver of Buy American Act for Civil Aircraft and Related Articles (NOV
2013)
* * * * *
0
10. Amend section 52.225-11:
0
a. By revising the date of the clause; and
0
b. In paragraph (a), in paragraph (1) of the definition of ``Designated
country'', by removing ``Canada, Cyprus'' and adding ``Canada, Croatia,
Cyprus'' in its place.
The revision reads as follows:
52.225-11 Buy American Act--Construction Materials under Trade
Agreements.
* * * * *
Buy American Act--Construction Materials Under Trade Agreements (NOV
2013)
* * * * *
0
11. Amend section 52.225-23:
0
a. By revising the date of the clause;
0
b. In paragraph (a), in paragraph (1) of the definition of ``Designated
country'', by removing ``Canada, Cyprus'' and adding ``Canada, Croatia,
Cyprus'' in its place; and
0
c. By removing from paragraph (a), in paragraph (1) of the definition
of ``Recovery Act designated country'', ``Canada, Cyprus'' and adding,
``Canada, Croatia, Cyprus'' in its place.
The revision reads as follows:
52.225-23 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Act--Construction Materials Under Trade Agreements.
* * * * *
Required Use of American Iron, Steel, and Manufactured Goods--Buy
American Act--Construction Materials Under Trade Agreements (NOV 2013)
* * * * *
[FR Doc. 2013-28054 Filed 11-22-13; 8:45 am]
BILLING CODE 6820-EP-P
