[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]               
[Page 34282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 34282]]





48 CFR Parts 22, 25, and 52

[FAC 2005-42; FAR Case 2009-014; Item VII; Docket 2009--0027, Sequence 
RIN 9000-AL34

Federal Acquisition Regulation; FAR Case 2009-014, New Designated 

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have adopted as final, 
without change, an interim rule amending the Federal Acquisition 
Regulation (FAR) to add Taiwan (known in the World Trade Organization 
as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu 
(Chinese Taipei))'' as a designated country, due to the accession of 
Taiwan to membership in the World Trade Organization Agreement on 
Government Procurement.

DATES: Effective Date: June 16, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Lori Sakalos, Procurement Analyst, 
at (202) 208-0498, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-42, FAR Case 2009-


A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 74 FR 40461 on August 11, 2009. On July 15, 2009, Taiwan 
became a designated country based on its accession to the World Trade 
Organization Agreement on Government Procurement. The interim rule 
added Taiwan to the list of World Trade Organization Government 
Procurement Agreement countries in FAR sections 22.1503, 25.003, 
52.222-19, 52.225-5, 52.225-11, and 52.225-23. No comments were 
received as a result of the interim rule.
    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, 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, although this rule 
opens up Government procurement to the goods and services of Taiwan, 
the Councils do not anticipate any significant economic impact on U.S. 
small businesses. The Department of Defense only applies the trade 
agreements to the non-defense items listed at DFARS 225.401-70, and 
acquisitions that are set aside for small businesses are exempt.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; because the final rule 
affects the certification and information collection requirement in the 
provision at FAR 52.225-11 currently approved under OMB Control Number 
9000-0141, Buy American Act--Construction. The impact, however, is 

List of Subjects in 48 CFR Parts 22, 25, and 52

    Government procurement.

    Dated: June 2, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.

Interim Rule Adopted as Final Without Change

Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52, 
which was published in the Federal Register at 74 FR 40461 on August 
11, 2009, is adopted as a final rule without change.
[FR Doc. 2010-14173 Filed 6-15-10; 8:45 am]