[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]
[Page 46361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-29]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-19; FAR Case 2006-017; Item XI; Docket 2006-0020; Sequence
11]
RIN 9000-AK61
Federal Acquisition Regulation; FAR Case 2006-017, Free Trade
Agreements-Bahrain and Guatemala
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), 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 (Councils) have agreed to adopt the
interim rule published in the Federal Register at 71 FR 67776, November
22, 2006, as a final rule without change. This final rule amends the
Federal Acquisition regulation (FAR) to implement the Dominican
Republic-Central America-United States Free Trade Agreement with
respect to Guatemala and the United States-Bahrain Free Trade
Agreement.
DATES: Effective Date: August 17, 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement
Analyst, at (202) 208-6925 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-19, FAR case
2006-017.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 71 FR 67776, November 22, 2006. The interim rule amended
FAR Part 25 and the corresponding clauses in FAR Part 52 to implement
the Dominican Republic-Central America-United States Free Trade
Agreement (CAFTA-DR) with respect to Guatemala and the United States-
Bahrain Free Trade Agreement (FTA). Congress approved these trade
agreements in the Dominican Republic-Central America-United States Free
Trade Agreement Implementation Act (Pub. L. 109-53) and the United
States-Bahrain Free Trade Agreement Implementation Act (Pub. L. 109-
169), respectively. These trade agreements waive the applicability of
the Buy American Act for some foreign supplies and construction
materials from Guatemala and Bahrain and specify procurement procedures
designed to ensure fairness in the acquisition of supplies and
services.
The interim rule added Bahrain and Guatemala to the definition of
``Free Trade Agreement country.'' The rule also deleted Guatemala from
the definition of ``Caribbean Basin country'' because, in accordance
with Section 201(a)(3) of Pub. L. 109-53, when the 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 Councils received no comments on the interim
rule; therefore, the Councils have agreed to implement the interim rule
as a final rule without change.
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.
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. Although the rule opens up
Government procurement to the goods and services of Guatemala and
Bahrain, 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. No
comments were received with regard to impact on small entities.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Numbers
9000-0025, 9000-0130, 9000-0136, and 9000-0141.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.
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 71 FR 67776, November 22,
2006, is adopted as a final rule without change.
[FR Doc. 07-3802 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S