[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Rules and Regulations]
[Pages 33195-33196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14123]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
Defense Federal Acquisition Regulation Supplement; New Designated
Country--Taiwan--DFARS Case 2009-D010)
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is adopting, as final, an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to add Taiwan
as a designated country, due to the accession of Taiwan to membership
in the World Trade Organization Government Procurement Agreement.
DATES: Effective date: June 11, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
[[Page 33196]]
Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301-3060. Telephone 703-602-0328;
facsimile 703-602-0350. Please cite DFARS Case 2009-D022.
SUPPLEMENTARY INFORMATION:
A. Background
On July 15, 2009, Taiwan became a designated country under the
World Trade Organization Government Procurement Agreement. DoD
published an interim rule at 74 FR 61045 on November 23, 2009, that
added Taiwan to the list of World Trade Organization Government
Procurement Agreement countries in the trade agreement provisions and
clauses in Part 252.
DoD notes that being added as a ``designated country'' under trade
agreements does not affect Taiwan's status with regard to being an
acceptable source for specialty metals and items containing specialty
metals. The exception to the specialty metals restrictions is only for
specialty metals that are melted or produced in a ``qualifying
country'' or items that contain specialty metals and are manufactured
in a qualifying country. The qualifying countries are listed at DFARS
225.003(10). Taiwan is not a qualifying country.
DoD received comments from one respondent, but the comments were
outside the scope of this case.
This rule was subject to Office of Management and Budget review
under section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This is not a major rule.
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 Government procurement to the products of Taiwan in
acquisitions that are subject to trade agreements, DoD only applies the
trade agreements to acquisitions of those non-defense items listed at
DFARS 225.401-70. Acquisitions of supplies that are set aside for small
businesses are exempt.
C. Paperwork Reduction Act
Although the interim rule did not make any direct change to the
provision at DFARS 252.225-7020, the addition of Taiwan as a designated
country 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.
List of Subjects in 48 CFR Part 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR part 252 which was
published at 74 FR 61045 on November 23, 2009, is adopted as a final
rule without change.
[FR Doc. 2010-14123 Filed 6-10-10; 8:45 am]
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