65220 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 

I. Discussion 

DoD is revising the DFARS to 

implement a policy that will allow 

contracting officers to approve requests 

for waiver or reduction of rental charges 

for the use of Government property on 

work for foreign governments or 

international organizations. Over the 

past year the Director of Defense 

Security Cooperation Agency (DSCA) 

has seen a significant increase in the 

number of requests with extremely low 

dollar values over the rental period. 

Currently, DSCA is required to approve 

requests in which the agency has no 

equities. This final rule will allow the 

contracting officer to process the request 

for waiver or reduction of charges for 

the use of Government property on work 

for foreign governments or international 

organizations without a separate review 

by DSCA. Removing DSCA from the 

approval process will expedite 

contractors’ requests, while still 

protecting the interests of the 

Government. 

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, 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 the changes are not substantive 

and only modify the internal operating 

procedures of DoD. 

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 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 245 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 245 is 

amended as follows: 

PART 245—GOVERNMENT PROPERTY 

■ 1. The authority citation for 48 CFR 

part 245 continues to read as follows: 

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

chapter 1. 

■ 2. Section 245.302 is amended by 

revising paragraph (3)(ii) to read as 

follows: 

245.302 Contracts with foreign 

governments or international organizations. 

* * * * * 

(3) * * * 

(ii) Requests for waiver or reduction 

of charges for the use of Government 

property on work for foreign 

governments or international 

organizations shall be submitted to the 

contracting officer, who is authorized to 

approve the requests in consultation 

with the appropriate functional 

specialist. 

[FR Doc. 2013–25729 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–AI09 

Defense Federal Acquisition 

Regulation Supplement: New 

Designated Country—Croatia (DFARS 

Case 2013–D031) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to add 

Croatia as a new designated country 

under the World Trade Organization 

Government Procurement Agreement 

(WTO GPA). Croatia joined the 

European Union, which is a party to the 

WTO GPA, on July 1, 2013. 

DATES: Effective October 31, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Annette Gray, Defense Acquisition 

Regulations System, OUSD 

(AT&L)DPAP/DARS, Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6093; 

facsimile 571–372–6101. 

SUPPLEMENTARY INFORMATION:

I. Background 

The European Union is a party to the 

WTO GPA and has assumed rights and 

obligations under the WTO GPA on 

behalf of its member states. On July 1, 

2013, Croatia became a member of the 

European Union. Therefore, the 

European Union has committed to 

assume rights and obligations on behalf 

of Croatia under the WTO GPA. On June 

27, 2012, the WTO Committee on 

Government Procurement accepted the 

European Union notification indicating 

Croatia’s coverage. The United States, 

which is also a party to the WTO GPA, 

has agreed to waive discriminatory 

purchasing requirements for eligible 

products and suppliers of Croatia (78 FR 

60368). 

Therefore, this rule adds Croatia to 

the list of World Trade Organization 

Government Procurement Agreement 

countries wherever it appears in the 

DFARS, as part of the definition of 

‘‘designated country.’’ 

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 


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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