[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65221-65222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25726]
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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.
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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;
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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