[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Rules and Regulations]
[Page 70519-70520]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-15]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2001-10; FAR Case 2000-306; Item III]
RIN 9000-AJ27
Federal Acquisition Regulation; Caribbean Basin Country End
Products
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to convert this FAR
case from an interim rule to a final rule with changes. This interim
rule amended the FAR to implement the determination of the United
States Trade Representative (USTR) to extend the treatment of certain
end products, from countries designated by the President as
beneficiaries under the Caribbean Basin Economic Recovery Act, as
eligible products under the Trade Agreements Act, with the exception of
end products from the Dominican Republic, Honduras, and Panama. It also
implemented section 211 of the United States-Caribbean Basin Trade
Partnership Act and the determination of the USTR as to which countries
qualify for the enhanced trade benefits under that Act. However, on
July 12, 2002, the USTR published a notice in the Federal Register to
reinstate the treatment on Government procurement of products from
Honduras. The determination to reinstate Honduras as published by the
USTR has been incorporated in this final rule.
DATES: Effective Date: November 22, 2002.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Cecelia Davis, Procurement Analyst, at (202) 219-
0202. Please cite FAC 2001-10, FAR case 2000-306.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amended the Federal Acquisition Regulation (FAR) to
implement the determination of the United States Trade Representative
(USTR) to extend the treatment of certain end products, from countries
designated by the President as beneficiaries under the Caribbean Basin
Economic Recovery Act, as eligible products under the Trade Agreements
Act, with the exception of end products from the Dominican Republic,
Honduras, and Panama. This rule also implemented section 211 of the
United States-Caribbean Basin Trade Partnership Act and the
determination of the USTR as to which countries qualify for the
enhanced trade benefits under the Act.
DoD, GSA, and NASA published an interim rule in the Federal
Register at 67 FR 6116, February 8, 2002, and no comments were
received. However, on July 12, 2002 (67 FR 46239), the USTR published a
notice in the Federal Register to reinstate the treatment on Government
procurement of products from Honduras. The notice stated that products
of Honduras shall be treated as eligible products for purposes of
section 1-101 of Executive Order 12260. Such treatment shall not apply
to products originating in Honduras that are excluded from duty-free
treatment under 19 U.S.C. 2703(b). The determination to reinstate
Honduras as published by the USTR has been incorporated in this case.
The Councils have agreed to convert this FAR case from an interim rule
to a final rule with changes.
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.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final
[[Page 70520]]
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 it only affects a
limited number of products from a few Caribbean Basin countries. The
Berry Amendment (formerly at 10 U.S.C. 2241, note, but recently
codified at 10 U.S.C. 2533a) still prohibits the Department of Defense
from buying most of the textile and apparel articles receiving duty-
free treatment under this Act.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: November 12, 2002.
Al Matera,
Director, Acquisition Policy Division.
Interim Rule Adopted as Final With Changes
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48
CFR parts 25 and 52, which was published in the Federal Register at 67
FR 6116, February 8, 2002, as a final rule with the following changes:
1. The authority citation for 48 CFR parts 25 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
2. Amend section 25.003 in the definition ``Caribbean Basin
country'' by adding ``Honduras,'' after ``Haiti,''.
25.400 [Amended]
3. Amend section 25.400 in paragraph (a)(2) by removing ``,
Honduras,''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.225-5 [Amended]
4. Amend section 52.225-5 in the clause heading by removing ``(Feb
2002)'' and adding ``(Nov 2002)'' in its place; and in paragraph (a) in
the definition ``Caribbean Basin country'', by adding ``Honduras,''
after ``Haiti,''.
[FR Doc. 02-29091 Filed 11-21-02; 8:45 am]
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