Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 18877 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AH72 

Defense Federal Acquisition 

Regulation Supplement: New Free 

Trade Agreement With Colombia 

(DFARS Case 2012–D032) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the United 

States-Colombia Trade Promotion 

Agreement. This Trade Promotion 

Agreement is a free trade agreement that 

provides for mutually nondiscriminatory treatment of eligible 

products and services from Colombia. 

DATES: Effective date: March 28, 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 31536 on May 

29, 2012, to implement the United 

States-Colombia Trade Promotion 

Agreement Implementation Act (Pub. L. 

112–42) (19 U.S.C. 3805 note). 

No public comments were received. 

Therefore, DoD is adopting the interim 

rule as final, without change. 

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. 

Although the rule now opens up 

Government procurement to the goods 

and services of Colombia at or above the 

threshold of $77,494.00, DoD does not 

anticipate any significant economic 

impact on U.S. small businesses. DoD 

only applies the trade agreements to the 

non-defense items listed at DFARS 

225.401–70, and acquisitions that are set 

aside or 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 provision 252.225–7035, currently 

approved under OMB Control Number 

0704–0229, 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). OMB Control Number 

0704–0229 assessed the total burden 

related to part 225 at approximately 

57,230 hours. The impact, however, is 

negligible, because it is just a question 

of under which category offered goods 

from Colombia would be listed. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Kortnee Stewart, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR part 252, which was 

published at 77 FR 31536 on May 29, 

2012, is adopted as a final rule without 

change. 

[FR Doc. 2013–07108 Filed 3–27–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AH78 

Defense Federal Acquisition 

Regulation Supplement; Specialty 

Metals—Definition of ‘‘Produce’’ 

(DFARS Case 2012–D041) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise the definition of 

‘‘produce’’ as it applies to specialty 

metals. The National Defense 

Authorization Act for Fiscal Year 2011 

directed DoD to review the definition of 

‘‘produce’’ to ensure its compliance 

with the statutory restrictions on 

specialty metals and to determine if a 

revision to the current rule was 

necessary and appropriate. 

DATES: Effective Date: March 28, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 77 FR 43474 on July 

24, 2012. DoD proposed to amend the 

definition of ‘‘produce’’ to eliminate the 

phrase ‘‘quenching and tempering’’ of 

armor steel plate, and to expand the 

application of the other listed 

technologies, currently restricted just to 

titanium and titanium alloys, to any 

specialty metal that could be formed by 

such technologies. 

DoD received comments on the 

proposed rule from 13 respondents. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments is provided, as follows: 

A. Summary of Significant Changes 

The phrase ‘‘gas atomization’’ in the 

definition of ‘‘produce’’ has been 

revised to read ‘‘atomization,’’ in order 

to allow for other types of atomization 

(e.g., gas, water, centrifugal, plasma). 


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