Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 65221 

statute which 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 is just updating the lists of 

designated countries in order to reflect 

the fact that Croatia is now a member of 

the European Union. 

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, 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 Paperwork Reduction Act does 

apply, because the rule affects the 

response of an offeror that is offering a 

product of Croatia to the information 

collection requirements in the 

provisions at DFARS 252.225–7020, due 

to the changed definition of ‘‘designated 

country’’ at DFARS 252.225–7021. The 

offeror no longer needs to list a product 

from Croatia under ‘‘other end 

products,’’ because Croatia is now a 

designated country. This information 

collection requirement is currently 

approved under OMB clearances 0704– 

0229. The impact, however, is 

negligible. 

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 continues 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 ‘‘(AUG 

2013)’’ and adding ‘‘(OCT 2013)’’ in its 

place; and 

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

‘‘Designated country’’ in paragraph (i) 

adding, in alphabetical order, the 

country of ‘‘Croatia’’. 

252.225–7021 [Amended] 

■ 3. Amend section 252.225–7021 by— 

■ a. Removing the clause date ‘‘(AUG 

2013)’’ and adding ‘‘(OCT 2013)’’ in its 

place; and 

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

‘‘Designated country’’ in paragraph (i) 

adding, in alphabetical order, the 

country of ‘‘Croatia’’. 

252.225–7045 [Amended] 

■ 4. Amend section 252.225–7045 by— 

■ a. Removing the date ‘‘(AUG 2013)’’ 

and adding ‘‘(OCT 2013)’’ in its place; 

and 

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

‘‘Designated country’’ in paragraph (1), 

adding, in alphabetical order, the 

country of ‘‘Croatia’’. 

[FR Doc. 2013–25730 Filed 10–30–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AH79 

Defense Federal Acquisition 

Regulation Supplement: New Free 

Trade Agreement—Panama (DFARS 

Case 2012–D044) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

with changes, an interim rule amending 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement the United States—Panama 

Trade Promotion Agreement. This Trade 

Promotion Agreement is a free trade 

agreement that provides for mutually 

non-discriminatory treatment of eligible 

products and services from Panama. 

DATES: Effective October 31, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 77 FR 68699 on 

November 16, 2012, to implement the 

United States—Panama Trade 

Promotion Agreement. No respondents 

submitted public comments in response 

to the interim rule; however, a 

conforming change was made to the 

Duty-Free Entry clause, an amendment 

was made to the Photovoltaic Devices— 

Certificate clause to correct the 

electronic Code of Federal Regulations, 

and a correction was made to Alternate 

I of the Buy American Act–Free Trade 

Agreements-Balance of Payments 

Program Certificate. Therefore, DoD is 

converting the interim rule to a final 

rule with changes. 

II. 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, 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. 

III. Regulatory Flexibility Act 

DoD certifies that this final 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., 

because the Department of Defense only 

applies the trade agreements to the nondefense items listed at DFARS 225.401– 

70, and acquisitions that are set aside or 


wreier-aviles on DSK5TPTVN1PROD with RULES
65222 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 

provide other forms of preference for 

small businesses are exempt. FAR 

19.502–2 states that acquisitions that do 

not exceed $150,000 (with some 

exceptions) are automatically reserved 

exclusively for small business concerns. 

IV. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7020 

and 252.225–7035 and the clause at 

252.225–7013, currently approved 

under OMB Control Number 0704–229, 

titled Defense Federal Acquisition 

Regulation Supplement part 225, 

Foreign Acquisition, and related 

clauses, in accordance with the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). The impact, however, is 

negligible, because it is just a question 

of under which category offered goods 

from Panama would be listed and 

inclusion of products of Panama in the 

definition of ‘‘eligible products’’ in 

acquisitions that are equal to or exceed 

$202,000. The rule also affects DFARS 

252.225–7018, which is a variant of the 

Buy American-trade agreements 

certifications already approved, which 

was issued as an interim rule under 

DFARS Case 2011–D046 (76 FR 78858, 

December 20, 2011). 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Accordingly, the interim rule 

amending 48 CFR part 252, which was 

published at 77 FR 68699 on November 

16, 2012, is adopted as a final rule with 

the following changes: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

■ 2. Section 252.225–7013 is 

amended— 

■ a. By removing the clause date ‘‘(JUN 

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

place; 

■ b. By revising the paragraph (a) 

definition for ‘‘Eligible product’’; and 

■ c. By amending the paragraph (a) 

definition for ‘‘‘‘Qualifying country’’ 

and ‘‘qualifying country end product’’’’ 

by adding the term ‘‘,basic or alternate’’ 

at the end of the sentence. 

The revision reads as follows: 

252.225–7013 Duty-Free Entry 

* * * * * 

(a) * * * 

Eligible product means— 

(i) Designated country end product as 

defined in the Trade Agreements clause 

of this contract; 

(ii) Free Trade Agreement country end 

product, other than a Bahrainian end 

product, a Moroccan end product, a 

Panamanian end product, or a Peruvian 

end product, as defined in the Buy 

American—Free Trade Agreements— 

Balance of Payments Program clause of 

this contract, basic or its Alternate II; 

(iii) Canadian end product as defined 

in Alternate I or Alternate III of the Buy 

American—Free Trade Agreements— 

Balance of Payments Program clause of 

this contract; or 

(iv) Free Trade Agreement country 

end product other than a Bahrainian 

end product, Korean end product, 

Moroccan end product, Panamanian 

end product, or Peruvian end product as 

defined in Alternate IV or Alternate V 

of the Buy American—Free Trade 

Agreements—Balance of Payments 

Program clause of this contract. 

* * * * * 

252.225–7018 [Amended] 

■ 3. Section 252.225–7018 paragraph 

(c)(6) is amended by removing 

‘‘$203,000’’ and adding ‘‘$202,000’’ in 

its place. 

■ 4. Section 252.225–7035, Alternate I is 

revised as follows: 

252.225–7035 Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate. 

* * * * * 

ALTERNATE I (OCT 2013) 

As prescribed in 225.1101(9)(ii), substitute 

the phrase ‘‘Canadian end product’’ for the 

phrases ‘‘Bahrainian end product,’’ ‘‘Free 

Trade Agreement country,’’ ‘‘Free Trade 

Agreement country end product,’’ ‘‘Moroccan 

end product,’’ ‘‘Panamanian end product,’’ 

and ‘‘Peruvian end products’’ in paragraph 

(a) of the basic provision; substitute the 

phrase ‘‘Canadian end products’’ for the 

phrase ‘‘Free Trade Agreement country end 

products other than Bahrainian end products, 

Moroccan end products, Panamanian end 

products, or Peruvian end products’’ in 

paragraphs (b)(2) and (c)(2)(ii) of the basic 

provision; and delete the phrase ‘‘Australian 

or’’ from paragraph (c)(2)(i) of the basic 

provision. 

* * * * * 

[FR Doc. 2013–25726 Filed 10–30–13; 8:45 am] 

BILLING CODE 5001–06–P 


wreier-aviles on DSK5TPTVN1PROD with RULES