[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Rules and Regulations]
[Page 13421-13422]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr10-17]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-39; FAR Case 2008-036; Item V; Docket 2009-019, Sequence 1]
RIN 9000-AL23
Federal Acquisition Regulation; FAR Case 2008-036, Trade
Agreements--Costa Rica, Oman, and Peru
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA),
[[Page 13422]]
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 (the Councils) have adopted as final,
without change, an interim rule amending the Federal Acquisition
Regulation (FAR) to implement the Dominican Republic--Central America--
United States Free Trade Agreement with respect to Costa Rica, the
United States-Oman Free Trade Agreement, and the United States-Peru
Trade Promotion Agreement.
DATES: Effective Date: March 19, 2010.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Lori Sakalos, Procurement Analyst, at (202) 208-0498. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-39, FAR
case 2008-036.
SUPPLEMENTARY INFORMATION:
A. Background
The Councils published an interim rule in the Federal Register at
74 FR 28426 on June 15, 2009. No public comments were received in
response to the interim rule.
The interim rule added Costa Rica, Oman, and Peru to the definition
of ``Free Trade Agreement country''. The rule also deleted Costa Rica
from the definition of ``Caribbean Basin country'' because, in
accordance with section 201(a)(3) of Pub. L. 109-53, when the Dominican
Republic--Central America--United States Free Trade Agreement (CAFTA--
DR) agreement enters into force with respect to a country, that country
is no longer designated as a beneficiary country for purposes of the
Caribbean Basin Economic Recovery Act.
The excluded services for the Oman and Peru Free Trade Agreements
(FTAs) are the same as for the Bahrain FTA, CAFTA-DR, Chile FTA, and
North American Free Trade Agreement. Costa Rica has the same thresholds
as the other CAFTA-DR countries.
This is a significant regulatory action and, therefore, was 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, General Services Administration, and
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 acquisitions that are
set aside for small businesses are exempt from trade agreements. In
addition, the Department of Defense only applies the trade agreements
to the non-defense items listed at the Defense Federal Acquisition
Regulation Supplement 225.401-70. No comments were received relating to
impact on small business concerns.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply, and this rule is added to
the certification and information collection requirements in the
provisions at FAR 52.212-3, 52.225-4, 52.225-6, and 52.225-11 currently
approved under Office of Management and Budget clearance 9000-0136
(Commercial Item Acquisition; FAR sections affected are part 12 and
provisions 52.212-1 and 52.212-3), 9000-0130 (Buy America Act, Trade
Agreements Act Certificate; FAR section affected is provision 52.225-
4), 9000-0025 (Buy American Act, Trade Agreements Act Certificate; FAR
section affected is provision 52.225-6), and 9000-0141 (Buy America
Act--Construction; FAR sections affected are subpart 25.2 and
provisions 52.225-9 and 52.225-11) respectively. The impacts of this
change on information collection requirements are negligible. No
comments were received on the burden or number of entities affected by
this rulemaking.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: March 15, 2010.
Al Matera,
Director, Acquisition Policy Division.
0
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 25 and 52, which
was published in the Federal Register at 74 FR 28426 on June 15, 2009,
is adopted as a final rule without change.
[FR Doc. 2010-5990 Filed 3-18-10; 8:45 am]
BILLING CODE 6820-EP-S