46360 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 

concerning the affected FAR Part 23 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 2005–19, FAR case 2006–

025), in 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 Numbers 

9000–0134 and 9000–0139. 

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 the rule 

amends the FAR to address necessary 

changes to the prescriptions for the use 

of FAR clauses, allowing the proper 

receipt of certification information and 

ensuring compliance with the statutory 

requirements of 40 CFR part 247 and 42 

U.S.C. 11023. However, pursuant to 

Public Law 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 Part 23 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 23 as set forth 

below: 

PART 23—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 1. The authority citation for 48 CFR 

part 23 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). 

■ 2. Amend section 23.406 by revising 

the first sentence of paragraph (b) to 

read as follows: 

23.406 Solicitation provision and contract 

clause. 

* * * * * 

(b) Insert the clause at 52.223–9, 

Estimate of Percentage of Recovered 

Material Content for EPA-Designated 

Products, in solicitations and contracts 

exceeding $100,000 that are for, or 

specify the use of, EPA-designated 

products containing recovered 

materials. * * * 

■ 3. Amend section 23.906 by revising 

paragraph (b) to read as follows: 

23.906 Solicitation provision and contract 

clause. 

* * * * * 

(b) Insert the clause at 52.223–14, 

Toxic Chemical Release Reporting, in 

competitively awarded contracts 

exceeding $100,000 and competitively 

awarded 8(a) contracts, except when the 

determination at 23.905(b) has been 

made. 

[FR Doc. 07–3800 Filed 8–16–07; 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 2005–19; FAR Case 2006–006; Item 

X; Docket 2006–0020; Sequence 7] 

RIN 9000–AK49 

Federal Acquisition Regulation; FAR 

Case 2006–006, Free Trade 

Agreements—El Salvador, Honduras, 

and Nicaragua 

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 the 

interim rule published in the Federal 

Register at 71 FR 36935, June 28, 2006, 

as a final rule without change. This final 

rule amends the Federal Acquisition 

Regulation (FAR) to implement the 

Dominican Republic—Central 

America—United States Free Trade 

Agreement with respect to El Salvador, 

Honduras, and Nicaragua. 

DATES: Effective Date: August 17, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. Please cite FAC 

2005–19, FAR case 2006–006. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

71 FR 36935 on June 28, 2006, to 

implement the Dominican Republic—

Central America—United States Free 

Trade Agreement (CAFTA-DR) with 

respect to El Salvador, Honduras, and 

Nicaragua (Public Law 109–53). No 

comments were received by the close of 

the public comment period on August 

28, 2006. Therefore, the Councils 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. Although the 

rule opens up Government procurement 

to the products of El Salvador, 

Honduras, and Nicaragua, 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 ar exempt. 

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 Numbers 

9000–0139, 9000–0025, and 9000–0141. 

List of Subjects in 48 CFR Parts 25 and 

52 

Government procurement. 

Dated: July 30, 2007 

Al Matera, 

Acting 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 36935, 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46361 

June 28, 2006, is adopted as a final rule 

without change. 

[FR Doc. 07–3801 Filed 8–16–07; 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 2005–19; FAR Case 2006–017; Item 

XI; 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: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed to adopt the 

interim rule published in the Federal 

Register at 71 FR 67776, November 22, 

2006, as a final rule without change. 

This final rule amends the Federal 

Acquisition regulation (FAR) to 

implement the Dominican RepublicCentral America–United States Free 

Trade Agreement with respect to 

Guatemala and the United States–

Bahrain Free Trade Agreement. 

DATES: Effective Date: August 17, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. Please cite FAC 

2005–19, FAR case 2006–017. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

71 FR 67776, November 22, 2006. The 

interim rule amended FAR Part 25 and 

the corresponding clauses in FAR Part 

52 to implement the Dominican 

Republic–Central America–United 

States Free Trade Agreement (CAFTADR) 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 (Pub. L. 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. 

The interim rule added Bahrain and 

Guatemala to the definition of ‘‘Free 

Trade Agreement country.’’ The rule 

also deleted 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 

Councils received no comments on the 

interim rule; therefore, the Councils 

have agreed to implement the interim 

rule as 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. 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. No comments 

were received with regard to impact on 

small entities. 

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 Numbers 

9000–0025, 9000–0130, 9000–0136, and 

9000–0141. 

List of Subjects in 48 CFR Parts 25 and 

52 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting 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 in the Federal 

Register at 71 FR 67776, November 22, 

2006, is adopted as a final rule without 

change. 

[FR Doc. 07–3802 Filed 8–16–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 37 and 52 

[FAC 2005–19; FAR Case 2006–027; Item 

XII; Docket 2007–0001, Sequence 5] 

RIN 9000–AK54 

Federal Acquisition Regulation; FAR 

Case 2006–027, Accepting and 

Dispensing of $1 Coin 

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 Section 

104 of the Presidential $1 Coin Act of 

2005. Section 104 requires that entities 

that operate any business on any 

premises owned or controlled by the 

United States be capable of accepting 

and dispensing $1 coins on and after 

January 1, 2008. 

DATES: Effective Date: August 17, 2007. 

Applicability Date: This rule applies 

to all service contracts that involve 

business operations conducted in U.S. 

coins and currency, including vending 

machines, on any premises owned by 

the U.S. or under the control of any 

agency or instrumentality of the U.S. 

The clause shall be placed in all such 

solicitations and contracts on and after 

the effective date of this rule. 


sroberts on PROD1PC70 with RULES