Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations 67775 

organization on behalf of the agency (44 

U.S.C. 3544(a)(1)(A)). 

* * * * * 

PART 4—ADMINISTRATIVE MATTERS 

■ 3. Revise section 4.1300 in paragraphs 

(a) and (b) and section 4.1301 to read as 

follows: 

4.1300 Policy. 

(a) Agencies must follow Federal 

Information Processing Standards 

Publication (FIPS PUB) Number 201, 

‘‘Personal Identity Verification of 

Federal Employees and Contractors,’’ as 

amended, and the associated Office of 

Management and Budget (OMB) 

implementation guidance as amended, 

for personal identity verification for all 

affected contractor and subcontractor 

personnel when contract performance 

requires contractors to have routine 

physical access to a Federally-controlled 

facility and/or routine access to a 

Federally-controlled information 

system. 

(b) Agencies must include their 

implementation of FIPS PUB 201 as 

amended, and OMB guidance M–05–24, 

dated August 5, 2005, as amended, in 

solicitations and contracts that require 

the contractor to have routine physical 

access to a Federally-controlled facility 

and/or routine access to a Federallycontrolled information system. 

* * * * * 

4.1301 Contract clause. 

The contracting officer shall insert the 

clause at 52.204–9, Personal Identity 

Verification of Contractor Personnel, in 

solicitations and contracts when 

contract performance requires 

contractors to have routine physical 

access to a Federally-controlled facility 

and/or routine access to a Federallycontrolled information system. The 

clause shall not be used when 

contractors require only intermittent 

access to Federally-controlled facilities. 

PART 7—ACQUISITION PLANNING 

■ 4. Amend section 7.105 by revising 

the last sentence in paragraph (b)(17) to 

read as follows: 

7.105 Contents of written acquisition 

plans. 

* * * * * 

(b) * * * 

(17) Security considerations. * * * For 

acquisitions requiring routine contractor 

physical access to a Federally-controlled 

facility and/or routine access to a 

Federally-controlled information 

system, discuss how agency 

requirements for personal identity 

verification of contractors will be met 

(see Subpart 4.13). 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Amend section 52.204–9 by 

revising the date of the clause to read 

‘‘(NOV 2006)’’; and revising paragraphs 

(a) and (b) to read as follows: 

52.204–9 Personal Identity Verification of 

Contractor Personnel. 

* * * * * 

(a) The Contractor shall comply with 

agency personal identity verification 

procedures identified in the contract 

that implement Homeland Security 

Presidential Directive–12 (HSPD–12), 

Office of Management and Budget 

(OMB) guidance M–05–24, as amended, 

and Federal Information Processing 

Standards Publication (FIPS PUB) 

Number 201, as amended. 

(b) The Contractor shall insert this 

clause in all subcontracts when the 

subcontractor is required to have 

routine physical access to a Federallycontrolled facility and/or routine access 

to a Federally-controlled information 

system. 

(End of clause) 

[FR Doc. 06–9308 Filed 11–21–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 25 and 52 

[FAC 2005–14; FAR Case 2005–045; Item 

II; Docket 2006–0020, Sequence 20] 

RIN 9000–AK43 

Federal Acquisition Regulation; FAR 

Case 2005–045, Removal of Sanctions 

Against Certain EU Countries 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed to adopt as final, 

without change, an interim rule that 

amended the Federal Acquisition 

Regulation (FAR) to remove the 

sanctions against certain European 

Union (EU) countries. 

DATES: Effective Date: November 22, 

2006. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Jeremy Olson, at (202) 501–3221. Please 

cite FAC 2005–14, FAR case 2005–045. 

For information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

71 FR 20305 on April 19, 2006. The 

interim rule deleted FAR Subpart 25.6, 

Trade Sanctions, and the clauses at FAR 

52.225–15, Sanctioned European Union 

Country End Products, and FAR 52.225–

16, Sanctioned European Union Country 

Services, and other associated 

references in FAR Part 25. 

No comments were received by the 

close of the public comment period on 

June 19, 2006. Therefore, the Councils 

have agreed to convert the interim rule 

to a final rule without change. 

This is not a significant regulatory 

action and, therefore, was not 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 Department of Defense, the 

General Services Administration, and 

the National Aeronautics and Space 

Administration certify 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 this 

rule only removes sanctions from—

• End products from sanctioned EU 

countries with an estimated acquisition 

value less than $193,000; 

• Sanctioned EU country construction 

with an estimated acquisition value less 

than $7,407,000; or 

• Sanctioned EU country services with 

an estimated acquisition value less than 

$193,000 or that are excluded from 

coverage by the World Trade 

Organization Government Procurement 

Agreement. 

These sanctions did not apply to 

small business set-asides, to 

acquisitions below the simplified 

acquisition threshold using simplified 

acquisition procedures, or to 

acquisitions by the Department of 

Defense. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 


pwalker on PROD1PC61 with RULES2
67776 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations 

FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

List of Subjects in 48 CFR Parts 25 and 

52 

Government procurement. 

Dated: November 15, 2006. 

Ralph De Stefano, 

Director, Contract Policy Division. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 25 and 52, 

which was published at 71 FR 20305, 

April 19, 2006, is adopted as a final rule 

without change. 

[FR Doc. 06–9307 Filed 11–21–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 25 and 52 

[FAC 2005–14; FAR Case 2006–017; Item 

III; Docket 2006–0020, Sequence 11] 

RIN 9000–AK61 

Federal Acquisition Regulation; FAR 

Case 2006–017, Free Trade 

Agreements—Bahrain and Guatemala 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 

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 implement the 

Dominican Republic—Central 

America—United States Free Trade 

Agreement with respect to Guatemala 

and the United States—Bahrain Free 

Trade Agreement. 

DATES: Effective Date: November 22, 

2006. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before January 22, 

2007. 

ADDRESSES: Submit comments 

identified by FAC 2005–14, FAR case 

2006–017, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘Federal 

Acquisition Regulation’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FAR case number (for 

example, FAR Case 2006–001) and click 

on the ‘‘Submit’’ button. You may also 

search for any document by clicking on 

the ‘‘Advanced search/document 

search’’ tab at the top of the screen, 

selecting from the agency field ‘‘Federal 

Acquisition Regulation’’, and typing the 

FAR case number in the keyword field. 

Select the ‘‘Submit’’ button. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAC 2005–14, FAR case 

2006–017, 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. 

Jeritta Parnell, Procurement Analyst, at 

(202) 501–4082. Please cite FAC 2005–

14, FAR case 2006–017. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This rule amends FAR Part 25 and the 

corresponding clauses in Part 52 to 

implement the Dominican Republic—

Central America—United States Free 

Trade Agreement (CAFTA-DR) with 

respect to Guatemala and the United 

States—Bahrain Free Trade Agreement 

(FTA). Congress approved these trade 

agreements in the Dominican 

Republic—Central America—United 

States Free Trade Agreement 

Implementation Act (Public Law 109–

53) and the United States—Bahrain Free 

Trade Agreement Implementation Act 

(Pub. L. 109–169), respectively. These 

trade agreements waive the applicability 

of the Buy American Act for some 

foreign supplies and construction 

materials from Guatemala and Bahrain 

and specify procurement procedures 

designed to ensure fairness in the 

acquisition of supplies and services. 

This interim rule adds Bahrain and 

Guatemala to the definition of ‘‘Free 

Trade Agreement country.’’ The rule 

also deletes Guatemala from the 

definition of ‘‘Caribbean Basin country’’

because, in accordance with Section 

201(a)(3) of Pub. L. 109–53, when the 

CAFTA-DR agreement enters into force 

with respect to a country, that country 

is no longer designated as a beneficiary 

country for purposes of the Caribbean 

Basin Economic Recovery Act. 

The excluded services for the Bahrain 

FTA are the same as for the CAFTA-DR, 

Chile FTA, and NAFTA. Guatemala has 

the same thresholds as the other 

CAFTA-DR countries. The Bahrain FTA 

threshold for supply and service 

contracts is $193,000. For construction 

contracts, the Bahrain FTA threshold is 

$8,422,165. 

Like the Morocco FTA, the Bahrain 

FTA threshold for supplies and services 

is higher than the thresholds for the 

other FTAs. Therefore, Bahrainian end 

products are not covered by the Buy 

American Act—Free Trade 

Agreements—Israeli Trade Act 

provision and clause (FAR 52.225–3 and 

52.225–4). Similarly, like NAFTA, the 

Bahrain FTA threshold for construction 

is higher than the thresholds of the 

other FTAs. Therefore Bahrainian 

construction material is excluded from 

coverage under the Buy American Act—

Construction Materials under Trade 

Agreements provision and clause 

(52.225–11 and 52.225–12) for 

acquisitions less than $8,422,165 

(Alternate I). 

This is not a significant regulatory 

action and, therefore, was not 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 Guatemala and Bahrain, 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 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 25 

and 52 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 


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