[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Rules and Regulations]
[Page 18877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07108]
[[Page 18877]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AH72
Defense Federal Acquisition Regulation Supplement: New Free Trade
Agreement With Colombia (DFARS Case 2012-D032)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement the United States-Colombia 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 Colombia.
DATES: Effective date: March 28, 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
31536 on May 29, 2012, to implement the United States-Colombia Trade
Promotion Agreement Implementation Act (Pub. L. 112-42) (19 U.S.C. 3805
note).
No public comments were received. Therefore, DoD is adopting the
interim rule as final, without change.
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.
Although the rule now opens up Government procurement to the goods and
services of Colombia at or above the threshold of $77,494.00, DoD does
not anticipate any significant economic impact on U.S. small
businesses. DoD only applies the trade agreements to the non-defense
items listed at DFARS 225.401-70, and acquisitions that are set aside
or 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 provision 252.225-7035, currently approved under
OMB Control Number 0704-0229, 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). OMB Control Number 0704-0229 assessed the total burden
related to part 225 at approximately 57,230 hours. The impact, however,
is negligible, because it is just a question of under which category
offered goods from Colombia would be listed.
List of Subjects in 48 CFR Part 252
Government procurement.
Kortnee Stewart,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR part 252, which was
published at 77 FR 31536 on May 29, 2012, is adopted as a final rule
without change.
[FR Doc. 2013-07108 Filed 3-27-13; 8:45 am]
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