Defense Federal Acquisition Regulation Supplement: New Designated Countries-Montenegro and New Zealand (DFARS Case 2015-D033), 67253-67254 [2015-27471]

Download as PDF Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations IV. Regulatory Flexibility Act DEPARTMENT OF DEFENSE 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. Defense Acquisition Regulations System V. Paperwork Reduction Act Defense Federal Acquisition Regulation Supplement: New Designated Countries—Montenegro and New Zealand (DFARS Case 2015– D033) 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. 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. [Amended] 2. Amend section 252.225–7049 by— ■ a. Removing the clause date ‘‘(DEC 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; and ■ b. In the paragraph (a), in the definition of ‘‘State sponsor of terrorism’’ removing ‘‘Cuba,’’. ■ [Amended] 3. Amend section 252.225–7050 by— a. Removing the clause date ‘‘(DEC 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; and ■ b. In the paragraph (a), in the definition of ‘‘State sponsor of terrorism’’ removing ‘‘Cuba,’’. ■ ■ [FR Doc. 2015–27467 Filed 10–29–15; 8:45 am] tkelley on DSK3SPTVN1PROD with RULES5 BILLING CODE 6820–ep–P VerDate Sep<11>2014 19:59 Oct 29, 2015 Jkt 238001 RIN 0750–AI71 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 add Montenegro and New Zealand as newly designated countries under the World Trade Organization Government Procurement Agreement. DATES: Effective October 30, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571–372– 6089. SUPPLEMENTARY INFORMATION: Therefore, 48 CFR part 252 is amended as follows: 252.225–7050 [Docket DARS–2015–0049] SUMMARY: Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. 252.225–7049 48 CFR Part 252 I. Background On July 15, 2015, Montenegro became a party to the World Trade Organization Government Procurement Agreement (WTO GPA). New Zealand became party to the WTO GPA on August 12, 2015. The Trade Agreements Act (19 U.S.C. 2501 et seq.) provides the authority for the President to waive the Buy American Act and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the United States (such as the WTO GPA). The President has delegated this waiver authority to the U.S. Trade Representative (see Federal Acquisition Regulation (FAR) 25.402). Effective July 15, 2015, because Montenegro became a party to the WTO GPA and because the U.S. Trade Representative has determined that Montenegro will provide appropriate reciprocal competitive Government procurement opportunities to United States products and services, the U.S. Trade Representative published a notice on July 10, 2015, in the Federal Register (80 FR 39829) waiving the Buy American Act and other discriminatory provisions for eligible products from Montenegro. Effective August 12, 2015, New Zealand became party to the WTO GPA, and because the U.S. Trade PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 67253 Representative has determined that New Zealand will provide appropriate reciprocal competitive Government procurement opportunities to United States products and services, the U.S. Trade Representative published a notice on August 12, 2015, in the Federal Register (80 FR 48386) waiving the Buy American Act and other discriminatory provisions for eligible products from New Zealand. FAR 25.003 defines WTO GPA countries by listing the parties to the WTO GPA, and defines ‘‘designated country’’ as a WTO GPA country, a Free Trade Agreement country, a least developed country, or a Caribbean Basin country. Montenegro and New Zealand are now WTO GPA countries and are designated countries, as determined by the U.S. Trade Representative; therefore, this rule adds Montenegro and New Zealand to the list of WTO GPA countries within the definition of ‘‘designated country’’ at DFARS 252.225–7017, Photovoltaic Devices; 252.225–7021, Trade Agreements— Basic, and 252.225–7021 Trade Agreements—Alternate II; and 252.225– 7045, Balance of Payments Program— Construction Material Under Trade Agreements—Basic, and 252.225–7045, Balance of Payments Program— Construction Material Under Trade Agreements—Alternates I, II, and III. II. Publication of this Final Rule for Public Comment is Not Required by Statute The statute that applies to the publication of the FAR is 41 U.S.C. 1707, Publication of Proposed Regulations. 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 it is informative only. Under the rule, Montenegro and New Zealand are now WTO GPA countries and will provide appropriate reciprocal competitive procurement opportunities to United States products and services and suppliers of such products and services. As such, the rule is not expected to have a significant cost or administrative impact on contractors or offerors. E:\FR\FM\30OCR5.SGM 30OCR5 67254 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations III. Executive Orders 12866 and 13563 252.225–7017 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 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 certification and information collection requirement in the provisions at DFARS 252.225–7018, Photovoltaic DevicesCertificate and 252.225–7020, Trade Agreements Certificate, currently approved under OMB clearance 0704– 0229 (expiring March 31, 2017, DFARS Part 225, Foreign Acquisition, and associated clauses). DFARS provisions 252.225–7018 and 252.225–7020 rely on the definition of ‘‘designated country’’ in DFARS 252.225–7017 and 252.225– 7021, which now includes Montenegro and New Zealand. The impact of this rule, however, is negligible. List of Subjects in 48 CFR Part 252 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. tkelley on DSK3SPTVN1PROD with RULES5 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. VerDate Sep<11>2014 19:59 Oct 29, 2015 Jkt 238001 [Amended] DEPARTMENT OF DEFENSE 2. Amend section 252.225–7017, paragraph (a), in the definition of ‘‘Designated country’’ in paragraph (i), by adding, in alphabetical order, the countries of ‘‘Montenegro’’ and ‘‘New Zealand’’. 252.225–7021 [Amended] 3. Amend section 252.225–7021 by— a. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; ■ b. In paragraph (a), in the definition of ‘‘Designated country’’ in paragraph (i), adding, in alphabetical order, the countries of ‘‘Montenegro’’ and ‘‘New Zealand’’; ■ c. In Alternate II: ■ i. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; and ■ ii. In paragraph (a), in the definition of ‘‘Designated country’’ in paragraph (i), adding, in alphabetical order, the countries of ‘‘Montenegro’’ and ‘‘New Zealand’’. ■ ■ 252.225–7045 [Amended] 4. Amend section 252.225–7045 by— a. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; ■ b. In paragraph (a), in the definition of ‘‘Designated country’’ in paragraph (i), adding, in alphabetical order, the countries of ‘‘Montenegro’’ and ‘‘New Zealand’’; ■ c. In Alternate I: ■ i. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; and ■ ii. In paragraph (a), in the definition of ‘‘Designated country’’ in paragraph (i), adding, in alphabetical order, the countries of ‘‘Montenegro’’ and ‘‘New Zealand’’. ■ d. In Alternate II: ■ i. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; and ■ ii. In paragraph (a), in the definition of ‘‘Designated country’’ in paragraph (i), adding, in alphabetical order, the countries of ‘‘Montenegro’’ and ‘‘New Zealand’’. ■ e. In Alternate III: ■ i. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(OCT 2015)’’ in its place; and ■ ii. In paragraph (a), in the definition of ‘‘Designated country’’ in paragraph (i), adding, in alphabetical order, the countries of ‘‘Montenegro’’ and ‘‘New Zealand’’. ■ ■ [FR Doc. 2015–27471 Filed 10–29–15; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 Defense Acquisition Regulations System 48 CFR Parts 201, 206, 208, 215, 216, 222, 225, 237, and 252 Defense Federal Acquisition Regulation Supplement; Technical Amendments Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes. SUMMARY: DATES: Effective October 30, 2015. Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Telephone 571–372–6115; facsimile 571–372–6094. SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows— 1. Directs contracting officers to additional DFARS Procedures, Guidance, and Information (PGI) by adding a cross reference at DFARS 201.106 to the PGI list of information collection and recordkeeping requirements that have been approved by the Office of Management and Budget for DFARS requirements; 2. Directs contracting officers to DFARS PGI coverage by adding a reference at DFARS 206.305 to provide further guidance concerning justification and approval documents; 3. Updates cross references at DFARS 208.404(a)(ii), 216.505(1), and 237.170– 2(b) by removing ‘‘217.78’’ and adding ‘‘217.7’’ in each place to conform to changes made in the Federal Register final rule 80 FR 51750 published on August 26, 2015; 4. Removes references at DFARS 215.404–76 and DFARS 222.101–3–70 to obsolete internal DoD reporting requirements; 5. Conforms the DFARS subpart 222.13 heading to the Federal Acquisition Regulation (FAR) heading; 6. Updates, at DFARS 222.1310(a)(1), the title of FAR clause 52.222–35 to conform to the FAR title; 7. Updates hyperlinks at DFARS 225.301–4(2) and 252.225–7040; and 8. Corrects a typographical error at DFARS 225.7002–3. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\30OCR5.SGM 30OCR5

Agencies

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 67253-67254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27471]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2015-0049]
RIN 0750-AI71


Defense Federal Acquisition Regulation Supplement: New Designated 
Countries--Montenegro and New Zealand (DFARS Case 2015-D033)

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 add Montenegro and New 
Zealand as newly designated countries under the World Trade 
Organization Government Procurement Agreement.

DATES: Effective October 30, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571-372-
6089.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 15, 2015, Montenegro became a party to the World Trade 
Organization Government Procurement Agreement (WTO GPA). New Zealand 
became party to the WTO GPA on August 12, 2015. The Trade Agreements 
Act (19 U.S.C. 2501 et seq.) provides the authority for the President 
to waive the Buy American Act and other discriminatory provisions for 
eligible products from countries that have signed an international 
trade agreement with the United States (such as the WTO GPA). The 
President has delegated this waiver authority to the U.S. Trade 
Representative (see Federal Acquisition Regulation (FAR) 25.402).
    Effective July 15, 2015, because Montenegro became a party to the 
WTO GPA and because the U.S. Trade Representative has determined that 
Montenegro will provide appropriate reciprocal competitive Government 
procurement opportunities to United States products and services, the 
U.S. Trade Representative published a notice on July 10, 2015, in the 
Federal Register (80 FR 39829) waiving the Buy American Act and other 
discriminatory provisions for eligible products from Montenegro.
    Effective August 12, 2015, New Zealand became party to the WTO GPA, 
and because the U.S. Trade Representative has determined that New 
Zealand will provide appropriate reciprocal competitive Government 
procurement opportunities to United States products and services, the 
U.S. Trade Representative published a notice on August 12, 2015, in the 
Federal Register (80 FR 48386) waiving the Buy American Act and other 
discriminatory provisions for eligible products from New Zealand.
    FAR 25.003 defines WTO GPA countries by listing the parties to the 
WTO GPA, and defines ``designated country'' as a WTO GPA country, a 
Free Trade Agreement country, a least developed country, or a Caribbean 
Basin country. Montenegro and New Zealand are now WTO GPA countries and 
are designated countries, as determined by the U.S. Trade 
Representative; therefore, this rule adds Montenegro and New Zealand to 
the list of WTO GPA countries within the definition of ``designated 
country'' at DFARS 252.225-7017, Photovoltaic Devices; 252.225-7021, 
Trade Agreements--Basic, and 252.225-7021 Trade Agreements--Alternate 
II; and 252.225-7045, Balance of Payments Program--Construction 
Material Under Trade Agreements--Basic, and 252.225-7045, Balance of 
Payments Program--Construction Material Under Trade Agreements--
Alternates I, II, and III.

II. Publication of this Final Rule for Public Comment is Not Required 
by Statute

    The statute that applies to the publication of the FAR is 41 U.S.C. 
1707, Publication of Proposed Regulations. 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 it is 
informative only. Under the rule, Montenegro and New Zealand are now 
WTO GPA countries and will provide appropriate reciprocal competitive 
procurement opportunities to United States products and services and 
suppliers of such products and services. As such, the rule is not 
expected to have a significant cost or administrative impact on 
contractors or offerors.

[[Page 67254]]

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 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 certification and information collection requirement in the 
provisions at DFARS 252.225-7018, Photovoltaic Devices-Certificate and 
252.225-7020, Trade Agreements Certificate, currently approved under 
OMB clearance 0704-0229 (expiring March 31, 2017, DFARS Part 225, 
Foreign Acquisition, and associated clauses). DFARS provisions 252.225-
7018 and 252.225-7020 rely on the definition of ``designated country'' 
in DFARS 252.225-7017 and 252.225-7021, which now includes Montenegro 
and New Zealand. The impact of this rule, however, is negligible.

List of Subjects in 48 CFR Part 252 Government procurement.

Jennifer L. Hawes,
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 continues 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, paragraph (a), in the definition of 
``Designated country'' in paragraph (i), by adding, in alphabetical 
order, the countries of ``Montenegro'' and ``New Zealand''.


252.225-7021   [Amended]

0
3. Amend section 252.225-7021 by--
0
a. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place;
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand'';
0
c. In Alternate II:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.


252.225-7045   [Amended]

0
4. Amend section 252.225-7045 by--
0
a. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place;
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand'';
0
c. In Alternate I:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.
0
d. In Alternate II:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.
0
e. In Alternate III:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.

[FR Doc. 2015-27471 Filed 10-29-15; 8:45 am]
 BILLING CODE 5001-06-P