[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40461-40463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19164]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25, and 52

[FAC 2005-36; FAR Case 2009-014; Item III; Docket 2009-0027, Sequence 
1]
RIN 9000-AL34


Federal Acquisition Regulation; FAR Case 2009-014, New Designated 
Country--Taiwan

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on an interim 
rule amending the Federal Acquisition Regulation (FAR) to add Taiwan 
(known in the World Trade Organization as ``the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei))'' as a 
designated country, due to the accession of Taiwan to membership in the 
World Trade Organization Agreement on Government Procurement.

DATES: Effective Date: August 11, 2009.
    Comment Date: Interested parties should submit written comments to 
the Regulatory Secretariat on or before October 13, 2009 to be 
considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-36, FAR case 2009-
014, by any of the following methods:
    <bullet> Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``FAR Case 2009-014'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
FAR Case 2009-014. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``FAR Case 2009-014'' on your attached 
document.
    <bullet> Fax: 202-501-4067.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.

[[Page 40462]]

    Instructions: Please submit comments only and cite FAC 2005-36, FAR 
case 2009-014, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Meredith Murphy, Procurement Analyst, at (202) 208-6925. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAR Case 2009-014.

SUPPLEMENTARY INFORMATION:

A. Background

    On July 15, 2009, Taiwan became a designated country based on its 
accession to the World Trade Organization Agreement on Government 
Procurement. This interim rule adds Taiwan to the list of World Trade 
Organization Government Procurement Agreement countries in FAR 22.1503, 
25.003, 52.222-19, 52.225-5, 52.225-11, and 52.225-23.
    This is a significant regulatory action and, therefore, was subject 
to review under Section 6(b) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The interim rule is not expected 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. Although the rule 
opens up Government procurement to the goods and services of Taiwan, 
the Councils do not anticipate any significant economic impact on U.S. 
small businesses. The Department of Defense only applies the trade 
agreements to the non-defense items listed at Defense Federal 
Acquisition Regulation Supplement (DFARS) 225.401-70, and acquisitions 
that are set aside for small businesses are exempt. Therefore, an 
Initial Regulatory Flexibility Analysis has not been performed. The 
Councils will consider comments from small entities concerning the 
affected FAR Parts 22, 25, and 52 in accordance with 5 U.S.C. 610. 
Interested parties must submit such comments separately and should cite 
5 U.S.C 601, et seq. (FAC 2005-36, FAR case 2009-014), in all 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 9000-
0141, Buy American Act--Construction. The interim rule affects the 
certification and information collection requirement in the clause at 
FAR 52.225-11. The impact, however, is negligible.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because this interim rule implements the designation of 
Taiwan under the World Trade Organization Agreement on Government 
Procurement, which took effect on July 15, 2009. However, pursuant to 
Pub. L. 98-577 and FAR 1.501, the Councils will consider public 
comments received in response to this interim rule in the formation of 
the final rule.

List of Subjects in 48 CFR Parts 22, 25, and 52

    Government procurement.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22, 25, and 52 as set 
forth below:

0
1. The authority citation for 48 CFR parts 22, 25, and 52 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1503  [Amended]

0
2. Amend section 22.1503 in paragraph (b)(4) by removing 
``Switzerland,'' and adding ``Switzerland, Taiwan,'' in its place.

PART 25--FOREIGN ACQUISITIONS

0
3. Amend section 25.003 by--
0
a. Revising paragraph (1) in the definition ``Designated country'' ; 
and
0
b. Removing from the definition ``World Trade Organization Government 
Procurement Agreement (WTO GPA) country'' the words ``Switzerland,'' 
and adding ``Switzerland, Taiwan,'' in its place.
0
The revised text reads as follows:


25.003  Definitions.

* * * * *
    Designated country * * *
    (1)A World Trade Organization Government Procurement Agreement 
country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech 
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong 
Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic 
of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, 
Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, 
Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade 
Organization as ``the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu'' (Chinese Taipei)) or United Kingdom);
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 52.212-5 by revising the date of the clause, and 
paragraphs (b)(20) and (b)(33) to read as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *
    CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS--COMMERCIAL ITEMS (Aug 09)
* * * * *
    (b) * * *
    ---- (20) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies (Aug 09) (E.O. 13126).
* * * * *
    ---- (33) 52.225-5, Trade Agreements (Aug 09) (19 U.S.C. 2501, et 
seq., 19 U.S.C. 3301 note).
* * * * *

0
5. Amend section 52.213-4 by revising the date of the clause, and 
paragraph (b)(1)(i) to read as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *
    TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN 
COMMERCIAL ITEMS)(Aug 09)
* * * * *
    (b) * * *
    (1) * * *
    (i) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies (Aug 09) (E.O. 13126). (Applies to contracts for supplies 
exceeding the micro-purchase threshold.)
* * * * *

[[Page 40463]]

52.222-19  [Amended]

0
6. Amend section 52.222-19 by removing from the clause heading ``(Feb 
2008)'' and adding ``(Aug 09)'' in its place; and removing from 
paragraph (a)(4) ``Switzerland,'' and adding ``Switzerland, Taiwan,'' 
in its place.

0
7. Amend section 52.225-5 by revising the date of the clause; and in 
paragraph (a), in the definition ``Designated Country'', revising 
paragraph (1) to read as follows:


52.225-5  Trade Agreements.

* * * * *
    TRADE AGREEMENTS (Aug 09)
    (a) Definitions. * * *
    Designated country * * *
    (1) A World Trade Organization Government Procurement Agreement 
country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech 
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong 
Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic 
of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, 
Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, 
Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade 
Organization as ``the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu (Chinese Taipei))'', or United Kingdom);
* * * * *


52.225-11  [Amended]

0
8. Amend section 52.225-11 by removing from the clause heading ``(June 
2009)'' and adding ``(Aug 09)'' in its place; and in paragraph (a), in 
the definition ``Designated country'', removing from paragraph (1) 
``Switzerland,'' and adding ``Switzerland, Taiwan,'' in its place.


52.225-23  [Amended]

0
9. Amend section 52.225-23 by removing from the clause heading ``(Mar 
2009)'' and adding ``(Aug 09)'' in its place; and in paragraph (a), in 
the definition ``Recovery Act designated country'', removing from 
paragraph (1) ``Switzerland,'' and adding ``Switzerland, Taiwan,'' in 
its place.
[FR Doc. E9-19164 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S