[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]





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 

[[Page 13422]]

and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


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.


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.

Interim Rule Adopted as Final Without Change
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]