[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32637-32638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13523]
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules
and Regulations
[[Page 32637]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AG59
Defense Federal Acquisition Regulation Supplement; Trade
Agreements Thresholds (DFARS Case 2009-D040)
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD is issuing an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to incorporate increased
thresholds for application of the World Trade Organization Government
Procurement Agreement and the Free Trade Agreements, as determined by
the United States Trade Representative.
DATES: Effective Date: June 8, 2010.
Comment Date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 9, 2010 to be
considered in the formulation of the final rule.
ADDRESSSES: You may submit comments, identified by DFARS Case 2009-
D040, using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2009-D040 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), 3060 Defense Pentagon, Room
3B855, Washington, DC 20301-3060.
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 the clause prescriptions at DFARS 225.1101
and 225.7503 to reflect increased thresholds for application of the
trade agreements. Every two years, the trade agreements thresholds are
escalated according to a pre-determined formula set forth in the
agreements. The United States Trade Representative has specified the
following new thresholds (74 FR 68907, December 29, 2009):
------------------------------------------------------------------------
Supply Construction
contract contract
Trade Agreement (equal to or (equal to or
exceeding) exceeding)
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WTO GPA................................. $203,000 $7,804,000
FTAs:
Australia FTA....................... 70,079 7,804,000
Bahrain FTA......................... 203,000 9,110,318
CAFTA-DR (Costa Rica, Dominican 70,079 7,804,000
Republic, El Salvador, Guatemala,
Honduras, and Nicaragua)...........
Chile FTA........................... 70,079 7,804,000
Morocco FTA......................... 203,000 7,804,000
NAFTA:
--Canada............................ 25,000 9,110,318
--Mexico............................ 70,079 9,110,318
Peru FTA............................ 203,000 7,804,000
Singapore FTA....................... 70,079 7,804,000
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This rule was subject to Office of Management and Budget review
under Executive Order 12866, Regulatory Planning and Review, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this interim 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.,
because the dollar threshold changes are designed to keep pace with
inflation and thus maintain the status quo. Therefore, DoD has not
performed an initial regulatory flexibility analysis. DoD invites
comments from small business concerns and other interested parties on
the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2009-D040) in
correspondence.
C. Paperwork Reduction Act
This interim 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. However, there is no impact on the estimated
burden hours. The dollar threshold changes are in line with inflation
and maintain the status quo.
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 incorporates increased dollar thresholds for
application of the World Trade Organization Government Procurement
Agreement and the Free Trade Agreements, as determined by the United
States Trade Representative. This action is necessary because the
increased thresholds were effective January 1, 2010. 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 225
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN CONTRACTING
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
[[Page 32638]]
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
225.1101 [Amended]
0
2. Section 225.1101 is amended in paragraph (11)(i) introductory text
by removing ``$194,000'' and adding in its place ``$203,000''; and in
paragraphs (11)(i)(A) and (11)(i)(B) by removing ``$67,826'' and adding
in its place ``$70,079''.
225.7503 [Amended]
0
3. Section 225.7503 is amended in paragraph (a) by removing
``$7,443,000'' and adding in its place ``$7,804,000''; and in paragraph
(b) by removing ``$7,443,000'' and adding in its place ``$7,804,000'',
and by removing ``$8,817,449'' and adding in its place ``$9,110,318''.
[FR Doc. 2010-13523 Filed 6-7-10; 8:45 am]
BILLING CODE 5001-08-P