[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37694-37695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14617]





48 CFR Part 25

[FAC 2005-67; FAR Case 2013-008; Item VIII; Docket 2013-0008, Sequence 
RIN 9000-AM54

Federal Acquisition Regulation; Deletion of Report to Congress on 
Foreign-Manufactured Products

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

ACTION: Final rule.


SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to eliminate an obsolete 
Congressional reporting requirement on acquisitions of end products 
manufactured outside the United States.

DATES: Effective Date: July 22, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. 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 2005-67, FAR Case 2013-


I. Background

    This final rule amends FAR 25.001 and 25.004 to eliminate an 
obsolete Congressional reporting requirement imposed by the United 
States Troops Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (41 U.S.C. 8302(b)(1)).
    This Act required the heads of each Federal agency to submit a 
report to Congress on acquisitions of articles, materials, or supplies 
that are manufactured outside the United States for Fiscal Year 2007 
through Fiscal Year 2011. The report to Congress is no longer required 
but the collection of the data in the Federal Procurement Data System 
is still required (see FAR 52.225-18, Place of Manufacture).

II. Discussion and Analysis

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it has 
either a significant effect beyond the internal operating procedures of 
the agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because this rule serves to eliminate a reporting requirement that only 
affected the internal operating procedures of the Government.

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 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.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant FAR revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require 
publication for public comment.

V. Paperwork Reduction Act

    The final 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 Subject in 48 CFR Part 25

    Government procurement.

    Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 25 as set forth 


1. The authority citation for 48 CFR part 25 continues to read as 

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

25.001  [Amended]

2. Amend section 25.001 by--
a. Removing from the introductory text of paragraph (c) ``report on end 
products manufactured outside the United States (see 25.004)'' and 
adding ``representation on end products manufactured outside the United 
States (see 52.225-18)'' in its place; and
b. Removing from paragraph (c)(3) ``For the reporting requirement at 
25.004'' and adding ``For the representation at 52.225-18'' in its 

[[Page 37695]]

25.004  [Removed]

3. Remove section 25.004.

[FR Doc. 2013-14617 Filed 6-20-13; 8:45 am]