[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46782-46783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18454]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 25, and 52
[FAC 2005-69; FAR Case 2012-030; Item II; Docket 2012-0030, Sequence 1]
RIN 9000-AM44
Federal Acquisition Regulation; Iran Threat Reduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA have adopted as final, with minor changes,
the interim rule amending the Federal Acquisition Regulation (FAR) to
require certifications that implement the expansion of sanctions
relating to the energy sector of Iran and sanctions with respect to
Iran's Revolutionary Guard Corps, as contained in titles II and III of
the Iran Threat Reduction and Syria Human Rights Act of 2012.
DATES: Effective: August 1, 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 2005-69, FAR Case 2012-
030.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 77 FR 73516, on December 10, 2012, to implement sections of
titles II and III of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (Pub. L. 112-158), enacted August 10, 2012.
The public comment period closed on February 8, 2013. One
respondent submitted a comment.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comment in the
development of the final rule. A discussion of the comment and the
changes made to the rule as a result of the comment is provided as
follows:
A. Summary of Significant Changes
There are no significant changes to the FAR as a result of this
final rule.
B. Analysis of Public Comment
Comment: One respondent commented that boycotts rarely work. The
respondent supported military action against Iran to destroy their
nuclear arms program.
Response: This rule implements the expansion of sanctions relating
to the energy sector of Iran and sanctions with respect to Iran's
Revolutionary Guard Corps, as contained in titles II and III of the
Iran Threat Reduction and Syria Human Rights Act of 2012. The
respondent's recommendation is outside the scope of the rule and the
authority of the FAR and acquisition community.
C. Other Changes
The final rule corrects the title of the Act at FAR 25.700(c) to
read ``Iran Threat Reduction and Syria Human Rights Act of 2012''. The
final rule also corrects the Web site address at FAR 25.703-3 and
52.213-3 to read http://www.acquisition.gov.
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 Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
[[Page 46783]]
IV. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify 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 this rule will only
have significant impact on an offeror that is engaging in an activity
for which sanctions may be imposed under section 5 of the Iran
Sanctions Act or certain transactions with Iran's Revolutionary Guard
Corps. Domestic entities generally do not engage in activity that would
cause them to be subject to the procurement bans described in this rule
due to current restrictions on trade with Iran (see, e.g., Department
of Treasury Office of Foreign Assets Control regulations at 31 CFR
560). Accordingly, it is expected that the number of domestic entities
significantly impacted by this rule will be minimal, if any. The
Regulatory Flexibility Act is for the protection of United States small
entities, not foreign entities.
V. Paperwork Reduction Act
The final 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 Parts 4, 25, and 52
Government procurement.
Dated: July 26, 2013.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-wide Policy.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR parts 4, 25, and 52,
which was published in the Federal Register at 77 FR 73516, December
10, 2012, is adopted as final with the following changes:
0
1. The authority citation for 48 CFR parts 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 25--FOREIGN ACQUISITION
25.700 [Amended]
0
2. Amend section 25.700 by removing from paragraph (c) ``Reduction
Act'' and adding ``Reduction'' in its place.
25.703-3 [Amended]
0
3. Amend section 25.703-3 by removing from paragraph (a) ``https://www.acquisition.gov'' and adding ``http://www.acquisition.gov'' in its
place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-3 by revising the date of the provision and by
removing from the introductory text and paragraph (b)(2) ``https://www.acquisition.gov'' and adding ``http://www.acquisition.gov'' in its
place.
The revision reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (AUG 2013)
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[FR Doc. 2013-18454 Filed 7-31-13; 8:45 am]
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