48334 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

I. Background 

19 U.S.C. 2511(b)(4) allows the 

President to designate least developed 

countries as eligible countries under the 

Trade Agreements Act of 1979, allowing 

non-discriminatory treatment of the 

products of such countries in 

acquisitions subject to the World Trade 

Organization Government Procurement 

Agreement. This statutory authority has 

been delegated to the United States 

Trade Representative (USTR). The 

USTR selects the countries for such 

designation from the United Nations 

(UN) Least Developed Countries List. 

The USTR consults with other 

Government agencies on trade policy 

matters through the Trade Policy 

Review Group and the Trade Policy 

Staff Committee. These changes are 

necessary to reflect the UN General 

Assembly’s current list of least 

developed countries. Based on changes 

to the UN Least Developed Countries 

List and the approval of the Trade 

Policy Staff Committee, the USTR has 

revised the list of least developed 

countries that are designated as eligible 

countries as follows: 

• Changed the name of East Timor to 

Timor-Leste, reflecting the changed 

name on the UN list. 

• Removed the Maldives, which is no 

longer a least developed country. 

• Added South Sudan, which 

seceded from Sudan to form an 

independent state on July 9, 2011, and 

was formally recognized as a least 

developed country by the UN in 

December 2012. Although the United 

States continues to impose sanctions 

against Sudan, South Sudan is not 

subject to sanctions. 

This final rule revises the definitions 

of ‘‘designated country’’ in various 

DFARS clauses (DFARS 252.225–7017, 

Photovoltaic Devices; DFARS 252.225– 

7021, Trade Agreements; and DFARS 

252.225–7045, Balance of Payments 

Program—Construction Material Under 

Trade Agreements). 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations,’’ 41 U.S.C. 1707, is the 

statute that applies to the publication of 

the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it only revises the list of least 

developed countries that the USTR has 

designated as eligible for nondiscriminatory treatment under the 

Trade Agreements Act. Addition of 

South Sudan and removal of Maldives 

will have no significant effect beyond 

the internal operating procedures of the 

Government or a significant cost or 

administrative impact on contractors or 

offerors. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, it was 

not subject to review under section 6(b) 

of E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continue to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

252.225–7017 [Amended] 

■ 2. Amend section 252.225–7017 by— 

■ a. Removing the clause date ‘‘(DEC 

2012)’’ and adding ‘‘(AUG 2013)’’ in its 

place; and 

■ b. In paragraph (a), in the definition of 

‘‘Designated country’’ in paragraph (iii), 

removing the countries of ‘‘East Timor’’ 

and ‘‘Maldives’’ and adding, in 

alphabetical order, the countries of 

‘‘South Sudan’’ and ‘‘Timor-Leste’’. 

252.225–7021 [Amended] 

■ 3. Amend section 252.225–7021 by— 

■ a. Removing the clause date ‘‘(DEC 

2012)’’ and adding ‘‘(AUG 2013)’’ in its 

place; and 

■ b. In paragraph (a), in the definition of 

‘‘Designated country’’ in paragraph (iii), 

removing the countries of ‘‘East Timor’’ 

and ‘‘Maldives’’ and adding, in 

alphabetical order, the countries of 

‘‘South Sudan’’ and ‘‘Timor-Leste’’. 

252.225–7045 [Amended] 

■ 4. Amend section 252.225–7045 by— 

■ a. Removing the clause date ‘‘(NOV 

2012)’’ and adding ‘‘(AUG 2013)’’ in its 

place; and 

■ b. In paragraph (a), in the definition of 

‘‘Designated country’’ in paragraph (3), 

removing the countries of ‘‘East Timor’’ 

and ‘‘Maldives’’ and adding, in 

alphabetical order, the countries of 

‘‘South Sudan’’ and ‘‘Timor-Leste’’. 

[FR Doc. 2013–18968 Filed 8–7–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 95 

[Docket No. DOT–OST–2013–0015] 

RIN 2105–AE22 

Advisory Committees (RRR) 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule removes DOT’s 

advisory committee regulations. The 

DOT is removing the regulations 

because they have been made obsolete 

by other laws, regulations, and agency 

procedures. 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 48335 

1 33 FR 6913 (May 8, 1968) (amending 49 CFR 

95.11 to provide authority for the Secretary of 

Transportation or his or her designee to waive the 

requirements of § 95.11(b) relating to the 

chairmanship of industry advisory committees 

whenever compliance with those requirements 

would interfere with the proper functioning of the 

committee or would be impracticable, adequate 

provisions are made to otherwise ensure 

Government control of the committee’s operation, 

the waiver would be in the public interest, and the 

meetings of the committee would be conducted in 

the presence of a full-time salaried officer or 

employee of the Government). 

2See Exec. Order No. 11,769 (1974); Exec. Order 

No. 11,686 (1972); Exec. Order No. 11,671 (1972). 

3 5 U.S.C. 552b. 

4 5 U.S.C. 552b(a). 

5 5 U.S.C. 552b(c). 

6 DOT Order 1120.3B (Sept. 23, 1993). 

7Exec. Order No. 12,024 (Dec. 1, 1977). The 

Reorganization Plan of 1977 transferred advisory 

committee functions from OMB to GSA. 

8 66 FR 37728 (July 19, 2001) (amending GSA’s 

Federal advisory committee regulations at 41 CFR 

parts 101–6 and 102–3). 

9Part 95 was updated twice after 1968. See 35 FR 

5331 (March 31, 1970) (adding the Urban Mass 

Transportation Administration (UMTA) and 

National Highway Safety Board (NHSB); 36 FR 431 

(January 13, 1971) (updating part 95 to reflect the 

abolishment of NHSB and the establishment of the 

National Highway Traffic Safety Administration). 

However, part 95 has not since been updated to 

replace UMTA with the Federal Transit 

Administration and Federal Motor Carrier Safety 

Administration. In addition, part 95 has also not 

been updated to show that the U.S. Coast Guard is 

no longer housed in DOT or to add the Maritime 

Administration, Pipeline and Hazardous Materials 

Safety Administration, and Research and Innovative 

Technology Administration. 

DATES: This rule is effective August 8, 

2013. 

FOR FURTHER INFORMATION CONTACT: Jill 

Laptosky, Attorney–Advisor, Office of 

General Counsel, 1200 New Jersey 

Avenue SE., Washington, DC 20590. She 

may also be reached by telephone at 

202–493–0308 or by email at 

jill.laptosky@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

January 12, 1968, the Department 

published a final rule to provide 

uniform regulations at 49 CFR part 95, 

relating to the formation and use of 

advisory committees. See 33 FR 466. 

Among its major provisions, part 95 set 

forth regulations governing the use of 

advisory committees, industry advisory 

committees, committee meetings, and 

conflicts of interest. This rule was 

published pursuant to Executive Order 

11007, dated February 26, 1962, which 

prescribed general rules for the 

formation and use of advisory 

committees by departments and 

agencies of the Government, and 

authorized Department heads to 

prescribe additional regulations 

consistent with the order. Part 95 was 

amended 4 months after its issuance to 

allow the Secretary of Transportation, or 

his or her designee, to waive the 

requirements relating to the 

chairmanship of industry committees 

under certain circumstances.1

Since the issuance of part 95, the 

universe surrounding advisory 

committees has changed in several 

notable ways. Executive Order 11007 

has been superseded.2 Congress passed 

the Federal Advisory Committee Act of 

1972 (FACA) (Pub. L. 92–463; 5 U.S.C. 

App. 2). The FACA formalizes a process 

for the establishment, operation, 

oversight, and termination of Federal 

advisory committees. To further 

transparency in Government, Congress 

passed the Government in the Sunshine 

Act of 1976.3 The Act applies to Federal 

advisory committees 4 and specifies 

situations when Federal agencies can 

close Federal advisory committee 

meetings to the public.5 Additionally, 

DOT issued a departmental order that 

sets forth internal policies and 

procedures relating to committee 

management.6 Subsequently, Executive 

Order 12024 delegated to the 

Administrator of the General Services 

Administration (GSA) all of the 

functions vested in the President by 

FACA.7 The GSA has issued regulations 

relating to Federal advisory committees, 

which were most recently amended in 

2001.8

Notwithstanding these changes, our 

departmental regulations governing 

advisory committees have substantively 

remained unchanged since their early 

amendment in 1968.9 As a result, these 

regulations are now obsolete, 

unnecessary, duplicative, or 

inconsistent with FACA’s progeny. We 

are removing part 95 because the 

current body of law (e.g., FACA, GSA 

regulations, DOT Order 1120.3B) 

governing the use and management of 

Federal advisory committees are 

sufficient. Revising part 95 would only 

result in unnecessary duplication that 

would simply reiterate the provisions 

found in other law. 

Under the Administrative Procedure 

Act, an agency may waive the normal 

notice and comment procedures if the 

action is a rule of agency organization, 

procedure, or practice. See 5 U.S.C. 

553(b)(3)(A). Since part 95 contains 

obsolete departmental procedures 

relating to advisory committees, notice 

and comment is not necessary. For the 

same reason, the rule can become 

effective immediately. See 5 U.S.C. 

553(d)(1). 

Regulatory Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), and DOT 

Regulatory Policies and Procedures 

The DOT has determined that this 

action is not a significant regulatory 

action within the meaning of Executive 

Order 12866, and within the meaning of 

DOT’s regulatory policies and 

procedures. Since this rulemaking 

removes obsolete regulations relating to 

departmental procedure and practice, 

the DOT anticipates that this 

rulemaking will have no economic 

impact. 

Additionally, this action fulfills the 

principles of Executive Order 13563, 

specifically those relating to 

retrospective analyses of existing rules. 

This rule is being issued as a result of 

the reviews of existing regulations that 

DOT periodically conducts. The DOT is 

streamlining its regulations by removing 

a rule that is outmoded and ineffective. 

Regulatory Flexibility Act 

Since notice and comment 

rulemaking is not necessary for this 

rule, the provisions of the Regulatory 

Flexibility Act (Pub. L. 96–354, 5 U.S.C. 

601–612) do not apply. However, DOT 

has evaluated the effects of this action 

on small entities and has determined 

that the action would not have a 

significant economic impact on a 

substantial number of small entities 

because it has no substantive impact on 

any entities. 

Unfunded Mandates Reform Act of 1995 

This final rule would not impose 

unfunded mandates as defined by the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 109 Stat. 48, March 22, 

1995) as it will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $148.1 million or more 

in any 1 year (2 U.S.C. 1532). 

Executive Order 13132 (Federalism 

Assessment) 

Executive Order 13132 requires 

agencies to ensure meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that may have a substantial, 

direct effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This action has 

been analyzed in accordance with the 

principles and criteria contained in 

Executive Order 13132, dated August 4, 

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48336 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

1999, and the DOT has determined that 

this action would not have a substantial 

direct effect or federalism implications 

on the States and would not preempt 

any State law or regulation or affect the 

States’ ability to discharge traditional 

State governmental functions. 

Therefore, consultation with the States 

is not necessary. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from the Office of Management and 

Budget for each collection of 

information they conduct, sponsor, or 

require through regulations. The DOT 

has analyzed this final rule under the 

PRA and has determined that this rule 

does not contain collection of 

information requirements for the 

purposes of the PRA. 

National Environmental Policy Act 

The DOT has analyzed this action for 

the purpose of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.), and 

has determined that this action would 

not have any effect on the quality of the 

environment. 

Executive Order 13175 (Tribal 

Consultation) 

The DOT has analyzed this action 

under Executive Order 13175 and 

believes that the action would not have 

substantial direct effects on one or more 

Indian tribes; would not impose 

substantial direct compliance costs on 

Indian tribal governments; and would 

not preempt tribal laws. Therefore, a 

tribal summary impact statement is not 

required. 

Executive Order 13211 (Energy Effects) 

The DOT has analyzed this action 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The DOT has 

determined that this is not a significant 

energy action under that order since it 

is not a significant regulatory action 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. Therefore, a Statement of Energy 

Effects is not required. 

List of Subjects in 49 CFR Part 95 

Advisory committees. 

Issued on: July 25, 2013. 

Anthony R. Foxx, 

Secretary. 

For the reasons stated in the preamble 

and under the authority of 49 U.S.C. 

322, the Office of the Secretary amends 

49 CFR by removing and reserving part 

95. 

PART 95—[REMOVED AND 

RESERVED] 

[FR Doc. 2013–19087 Filed 8–7–13; 8:45 am] 

BILLING CODE 4910–9X–P 

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