[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Rules and Regulations]               
[Page 14242-14243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr07-7]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AF57

 
Defense Federal Acquisition Regulation Supplement; New Designated 
Countries (DFARS Case 2006-D062)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement the Dominican 
Republic-Central America-United States Free Trade Agreement with 
respect to the Dominican Republic. The rule also adds Bulgaria and 
Romania to the list of countries covered by the World Trade 
Organization Government Procurement Agreement.

DATES: Effective date: March 27, 2007.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before May 29, 2007, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D062, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D062 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Amy Williams, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http://www.regulations.gov
, including any personal information provided.


FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule amends DFARS clauses relating to trade agreements 
to implement the Dominican Republic-Central America-United States Free 
Trade Agreement (CAFTA-DR) with respect to the Dominican Republic. 
Congress approved the CAFTA-DR in the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act (Public 
Law 109-53). The CAFTA-DR waives the applicability of the Buy American 
Act for some foreign supplies and construction materials and specifies 
procurement procedures designed to ensure fairness.
    The rule adds the Dominican Republic to the definitions of 
``designated country'' and ``Free Trade Agreement country.'' In 
addition, the rule removes the Dominican Republic from the list of 
Caribbean Basin countries, because, in accordance with Section 
201(a)(3) of Public Law 109-53, when the CAFTA-DR 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 rule also adds Bulgaria and Romania to the list of World Trade 
Organization Government Procurement Agreement countries, based upon 
direction from the United States Trade Representative.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to 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 DoD procurement to the products of Bulgaria, the Dominican 
Republic, and Romania, DoD does not believe there will be a significant 
economic impact on U.S. small businesses. DoD applies the trade 
agreements to only those non-defense items listed at DFARS 225.401-70, 
and procurements that are set aside for small businesses are exempt 
from application of the trade agreements. Therefore, DoD has not 
performed an initial regulatory flexibility analysis. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2006-D062.

C. Paperwork Reduction Act

    This rule affects the certification and information collection 
requirements in the provisions at DFARS 252.225-7020 and 252.225-7035, 
currently approved under Office of Management and Budget Control Number 
0704-0229. The impact, however, is negligible.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements the Dominican Republic-Central America-
United States Free Trade Agreement with respect to the Dominican 
Republic, which became effective on March 1, 2007. The rule also 
implements the addition of Bulgaria and Romania to the countries 
covered by the World Trade Organization Government Procurement 
Agreement, which became effective on

[[Page 14243]]

January 1, 2007. Comments received in response to this interim rule 
will be considered in the formation of the final rule.

List of Subjects in 48 CFR Part 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 252 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


252.212-7001  [Amended]

0
2. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(MAR 2007)'';
0
b. In paragraph (b)(9) by removing ``(NOV 2006)'' and adding in its 
place ``(MAR 2007)''; and
0
c. In paragraph (b)(12)(i) by removing ``(OCT 2006)'' and adding in its 
place ``(MAR 2007)''.

0
3. Section 252.225-7021 is amended by revising the clause date and 
paragraphs (a)(3)(i), (ii), and (iv) to read as follows:


252.225-7021  Trade Agreements.

* * * * *

TRADE AGREEMENTS (MAR 2007)

    (a) * * *
    (3) * * *
    (i) A World Trade Organization Government Procurement Agreement 
(WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, 
Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, 
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, 
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or the United 
Kingdom);
    (ii) A Free Trade Agreement country (Australia, Bahrain, Canada, 
Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, 
Morocco, Nicaragua, or Singapore);
* * * * *
    (iv) A Caribbean Basin country (Antigua and Barbuda, Aruba, 
Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, 
Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands 
Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the 
Grenadines, or Trinidad and Tobago).
* * * * *

0
4. Section 252.225-7036 is amended by revising the clause date and 
paragraph (a)(6) to read as follows:


252.225-7036  Buy American Act--Free Trade Agreements--Balance of 
Payments Program.

* * * * *

BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM 
(MAR 2007)

    (a) * * *
    (6) Free Trade Agreement country means Australia, Bahrain, 
Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, 
Mexico, Morocco, Nicaragua, or Singapore;
* * * * *

0
5. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date; and
0
b. In paragraph (a), in the definition of ``Designated country'' by 
revising paragraphs (1), (2), and (4) to read as follows:


252.225-7045  Balance of Payments Program--Construction Material Under 
Trade Agreements.

* * * * *

BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE 
AGREEMENTS (MAR 2007)

    (a) * * *
    Designated country means--
    (1) A World Trade Organization Government Procurement Agreement 
(WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, 
Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, 
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, 
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or the United 
Kingdom);
    (2) A Free Trade Agreement country (Australia, Bahrain, Canada, 
Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, 
Morocco, Nicaragua, or Singapore);
* * * * *
    (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, 
Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, 
Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands 
Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the 
Grenadines, or Trinidad and Tobago).
* * * * *
[FR Doc. E7-5475 Filed 3-26-07; 8:45 am]

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