[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Page 23368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9202]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 25, and 52
[FAC 2005-58; FAR Case 2010-018; Item II; Docket 2010-0018, Sequence 1]
RIN 9000-AL91
Federal Acquisition Regulation; Representation Regarding Export
of Sensitive Technology to Iran
AGENCY: 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 changes, the
interim rule amending the Federal Acquisition Regulation (FAR) to add a
representation to implement section 106 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010. Section 106
imposes a procurement prohibition relating to contracts with persons
that export certain sensitive technology to Iran.
DATES: Effective Date: May 18, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia 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 2005-58, FAR Case 2010-
018.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 76 FR 68028 on November 2, 2011, to add a representation to
implement section 106 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010. Section 106 imposes a
procurement prohibition relating to contracts with persons that export
certain sensitive technology to Iran. One respondent submitted comments
on the interim rule.
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. There were no significant changes in the
final rule as a result of the one public comment.
Comment: The respondent pointed out that the introductory text at
FAR 25.703-1, Definitions, should refer to definitions used in the
``section'' rather than ``subpart.''
Response: The correction has been made.
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 a significant regulatory action and, therefore, was 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.
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 an impact on an offeror that is exporting sensitive technology to
Iran. Domestic entities are generally prohibited from engaging 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 the Treasury Office of Foreign Assets Control
regulations at 31 CFR part 560).
For the definition of ``small business,'' the Regulatory
Flexibility Act refers to the Small Business Act, which in turn allows
the U.S. Small Business Administration (SBA) Administrator to specify
detailed definitions or standards (5 U.S.C. 601(3) and 15 U.S.C.
632(a)). The SBA regulations at 13 CFR 121.105 discuss who is a small
business: ``(a)(1) Except for small agricultural cooperatives, a
business concern eligible for assistance from SBA as a small business
is a business entity organized for profit, with a place of business
located in the United States, and which operates primarily within the
United States or which makes a significant contribution to the U.S.
economy through payment of taxes or use of American products, materials
or labor.''
V. Paperwork Reduction Act
The 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: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final With Changes
0
Accordingly, the interim rule amending 48 CFR parts 4, 25, and 52,
which was published in the Federal Register at 76 FR 68028, November 2,
2011, is adopted as final with the following changes:
PART 25--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 25 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
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2. Amend section 25.703-1 by revising the introductory text to read as
follows:
25.703-1 Definitions.
As used in this section--
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[FR Doc. 2012-9202 Filed 4-17-12; 8:45 am]
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