[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Rules and Regulations]               
[Page 3179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja10-18]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AG31

 
Defense Federal Acquisition Regulation Supplement; Trade 
Agreements--Costa Rica and Peru (DFARS Case 2008-D046)

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

ACTION: Final rule.

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SUMMARY: DoD is converting the interim rule issued on July 29, 2009 (74 
FR 37650) to a final rule without change. The interim rule amended the 
Defense Federal Acquisition Regulation Supplement (DFARS) to implement 
the Dominican Republic--Central America--United States Free Trade 
Agreement with respect to Costa Rica, and the United States-Peru Trade 
Promotion Agreement. The trade agreements waive the applicability of 
the Buy American Act for some foreign supplies and construction 
materials and specify procurement procedures designed to ensure 
fairness.

DATES: Effective date: January 20, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP (DARS), 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060. Telephone 703-602-0328; facsimile 
703-602-0305. Please cite DFARS Case 2008-D046.

SUPPLEMENTARY INFORMATION:

A. Background

    This finalizes, without change, the interim rule that implemented 
the Dominican Republic--Central America--United States Free Trade 
Agreement with respect to Costa Rica and the United States-Peru Trade 
Promotion Agreement. The trade agreements waive the applicability of 
the Buy American Act for DoD acquisition of some foreign supplies and 
construction materials from Costa Rica and Peru and specify procurement 
procedures designed to ensure fairness.
    In addition, the interim rule amended DFARS 225.003 to exclude Oman 
from the definition of ``Free Trade Agreement country'' for purposes of 
DoD acquisitions.
    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 certifies that this 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 DoD acquisition to the products of Costa Rica and Peru, DoD 
does not estimate 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 acquisitions that are set aside 
for small businesses are exempt from application of the trade 
agreements. No public comments were received relating to the burden on 
small businesses.

C. Paperwork Reduction Act

    The interim rule affected 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, was negligible.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

PARTS 225 AND 252--[AMENDED]

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 225 and 252, which 
was published at 74 FR 37650 on July 29, 2009, is adopted as a final 
rule without change.

[FR Doc. 2010-934 Filed 1-19-10; 8:45 am]
BILLING CODE 5001-08-P