[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Rules and Regulations]
[Pages 61045-61046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27846]
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DEPARTMENT OF DEFENSE
Defense Acquistion Regulations System
48 CFR Part 252
[DFARS Case 2009-D010]
Defense Federal Acquisition Regulation Supplement; World Trade
Organization Government Procurement Agreement Designated Country
AGENCY: Defense Acqusition 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 add Taiwan as a designated
country to the list of World Trade Organization Government Procurement
Agreement designated countries in the trade agreements provisions and
clauses in part 252, due to the accession of Taiwan to the World Trade
Organization Government Procurement Agreement.
DATES: Effective Date: November 23, 2009.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before January 22, 2010, to be considered
in the formulation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2009-D010,
using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: [email protected]. Include DFARS Case 2009-D010 in the
subject line of the message.
[cir] Fax: 703-602-7887.
[cir] Mail: Defense Acquisition Regulations Council, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
Council, 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, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2009-D010.
SUPPLEMENTARY INFORMATION:
A. Background
On July 15, 2009, Taiwan became a party to the World Trade
Organization Government Procurement Agreement. This interim rule adds
Taiwan to the list of World Trade Organization Government Procurement
Agreement countries in the definition of ``designated country'' in the
trade agreements provisions and clauses in part 252.
Taiwan is known in the World Trade Organization as ``the Separate
Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese
Taipei). In accordance with 22 U.S.C. 3303(b)(1), it is appropriate to
treat Taiwan as a country for purposes of this regulation.
This rule was 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 Government procurement to the products of Taiwan, DoD does not
believe there will be a significant economic impact on U.S. small
businesses. DoD only applies the trade agreements to acquisitions of
those non-defense items listed at DFARS 225.401-70, and acquisitions of
supplies that are set aside for small businesses are exempt. 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
2009-D010.
C. Paperwork Reduction Act
Although this rule does not make any direct change to the provision
at DFARS 252.225-7020, this interim rule does affect the certification
and information collection requirements in that provision, which is
currently approved under Office of Management and Budget Control Number
0704-0229. DFARS 252.225-7020(a) references the definition of
``designated country'' in the clause at DFARS 252.225-7021, which has
been changed by this rule to include Taiwan. The impact, however, is
negligible.
[[Page 61046]]
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 accession of Taiwan to the World Trade
Organization Government Procurement Agreement. This action is necessary
because the designation of Taiwan under the World Trade Organization
Government Procurement Agreement took effect on July 15, 2009. 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.
Amy G. Williams,
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 ``(NOV 2009)''; and
0
b. In paragraph (b)(11) by removing ``(12JUL 2009)'' and adding in its
place ``(NOV 2009)''.
0
3. Section 252.225-7021 is amended by revising the clause date and
paragraph (a)(3)(i) to read as follows:
252.225-7021 Trade Agreements.
* * * * *
TRADE AGREEMENTS (NOV 2009)
(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, Taiwan (known
in the World Trade Organization as ``the Separate Customs Territory
of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the
United Kingdom);
* * * * *
0
4. 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 paragraph (1) 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 (NOV 2009)
(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, Taiwan (known
in the World Trade Organization as ``the Separate Customs Territory
of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the
United Kingdom);
* * * * *
[FR Doc. E9-27846 Filed 11-20-09; 8:45 am]
BILLING CODE 5001-08-P