[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Rules and Regulations]
[Pages 61045-61046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27846]


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DEPARTMENT OF DEFENSE

Defense Acquistion Regulations System

48 CFR Part 252

[DFARS Case 2009-D010]


Defense Federal Acquisition Regulation Supplement; World Trade 
Organization Government Procurement Agreement Designated Country

AGENCY: Defense Acqusition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add Taiwan as a designated 
country to the list of World Trade Organization Government Procurement 
Agreement designated countries in the trade agreements provisions and 
clauses in part 252, due to the accession of Taiwan to the World Trade 
Organization Government Procurement Agreement.

DATES: Effective Date: November 23, 2009.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before January 22, 2010, to be considered 
in the formulation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2009-D010, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2009-D010 in the 
subject line of the message.
    [cir] Fax: 703-602-7887.
    [cir] Mail: Defense Acquisition Regulations Council, Attn: Ms. Amy 
Williams, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 
703-602-7887. Please cite DFARS Case 2009-D010.

SUPPLEMENTARY INFORMATION:

A. Background

    On July 15, 2009, Taiwan became a party to the World Trade 
Organization Government Procurement Agreement. This interim rule adds 
Taiwan to the list of World Trade Organization Government Procurement 
Agreement countries in the definition of ``designated country'' in the 
trade agreements provisions and clauses in part 252.
    Taiwan is known in the World Trade Organization as ``the Separate 
Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese 
Taipei). In accordance with 22 U.S.C. 3303(b)(1), it is appropriate to 
treat Taiwan as a country for purposes of this regulation.
    This rule was subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to 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 
opens up Government procurement to the products of Taiwan, DoD does not 
believe there will be a significant economic impact on U.S. small 
businesses. DoD only applies the trade agreements to acquisitions of 
those non-defense items listed at DFARS 225.401-70, and acquisitions of 
supplies that are set aside for small businesses are exempt. Therefore, 
DoD has not performed an initial regulatory flexibility analysis.
    DoD invites comments from small businesses and other interested 
parties. DoD also will consider comments from small entities concerning 
the affected DFARS subparts in accordance with 5 U.S.C. 610. Such 
comments should be submitted separately and should cite DFARS Case 
2009-D010.

C. Paperwork Reduction Act

    Although this rule does not make any direct change to the provision 
at DFARS 252.225-7020, this interim rule does affect the certification 
and information collection requirements in that provision, which is 
currently approved under Office of Management and Budget Control Number 
0704-0229. DFARS 252.225-7020(a) references the definition of 
``designated country'' in the clause at DFARS 252.225-7021, which has 
been changed by this rule to include Taiwan. The impact, however, is 
negligible.

[[Page 61046]]

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements the accession of Taiwan to the World Trade 
Organization Government Procurement Agreement. This action is necessary 
because the designation of Taiwan under the World Trade Organization 
Government Procurement Agreement took effect on July 15, 2009. Comments 
received in response to this interim rule will be considered in the 
formation of the final rule.

List of Subjects in 48 CFR Part 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

0
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. 421 and 48 CFR chapter 1.


252.212-7001  [Amended]

0
2. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(NOV 2009)''; and
0
b. In paragraph (b)(11) by removing ``(12JUL 2009)'' and adding in its 
place ``(NOV 2009)''.

0
3. Section 252.225-7021 is amended by revising the clause date and 
paragraph (a)(3)(i) to read as follows:


252.225-7021  Trade Agreements.

* * * * *
TRADE AGREEMENTS (NOV 2009)
    (a) * * *
    (3) * * *
    (i) A World Trade Organization Government Procurement Agreement 
(WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, 
Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, 
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, 
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known 
in the World Trade Organization as ``the Separate Customs Territory 
of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the 
United Kingdom);
* * * * *

0
4. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date; and
0
b. In paragraph (a), in the definition of ``Designated country'', by 
revising paragraph (1) to read as follows:


252.225-7045  Balance of Payments Program--Construction Material Under 
Trade Agreements.

* * * * *
BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE 
AGREEMENTS (NOV 2009)
    (a) * * *
    ``Designated country'' means--
* * * * *
    (1) A World Trade Organization Government Procurement Agreement 
(WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, 
Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, 
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, 
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known 
in the World Trade Organization as ``the Separate Customs Territory 
of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the 
United Kingdom);
* * * * *
[FR Doc. E9-27846 Filed 11-20-09; 8:45 am]
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