Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46357 

[FR Doc. 07–3798 Filed 8–16–07; 8:45 am] 

BILLING CODE 6820–EP–C 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 22, 25, and 52 

[FAC 2005–19; FAR Case 2006–028; Item 

VIII; Docket 2007–0001, Sequence 01] 

RIN 9000–AK77 

Federal Acquisition Regulation; FAR 

Case 2006–028, New Designated 

Countries—Bulgaria, Dominican 

Republic, and Romania 

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 the 

Dominican Republic. The rule also adds 

Bulgaria and Romania to the list of 

World Trade Organization Government 

Procurement Agreement countries. 

DATES: Effective Date: August 17, 2007. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before October 16, 

2007 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–19, FAR case 

2006–028, 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 2006–028) and click 

on the ‘‘Submit’’ button. Please include 

your name and company name (if any) 

inside the document. 

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 2005–19, FAR case 

2006–028, 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: Ms. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925 for 

clarification of content. Please cite FAC 

2005–19, FAR case 2006–028. 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 the Dominican Republic. 

Congress approved this trade agreement 

in the Dominican Republic—Central 

America—United States Free Trade 

Agreement Implementation Act (Public 

Law 109–53). This trade agreement 

waives the applicability of the Buy 

American Act for some foreign supplies 

and construction materials from the 

Dominican Republic and specifies 

procurement procedures designed to 

ensure fairness in the acquisition of 

supplies and services. 

This interim rule adds the Dominican 

Republic to the definition of ‘‘Free 

Trade Agreement country.’’ The rule 

also deletes the Dominican Republic 

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 changed the heading for 

excluded service on line 6 of the table 

at 25.401(b) to read ‘‘Transportation, 

travel, and relocation services. . .’’ as 

being reflective of the wording of the 

majority of the Free Trade Agreements, 

including the CAFTA-DR. 

The Dominican Republic has the same 

thresholds as the other CAFTA-DR 

countries ($64,786 for supply and 

service contracts, $7,407,000 for 

construction contracts). 

This rule also adds Bulgaria and 

Romania to the list of World Trade 

Organization Government Procurement 

Agreement countries in wherever it 

appears, whether as a separate 

definition, part of the definition of 

designated countries, or as part of the 

list of countries exempt from the 

prohibition of acquisition of products 

produced by forced or indentured child 

labor (22.1503, 25.003, 52.222–19, 

52.225–5, and 52.225–11). 

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 Bulgaria, the Dominican Republic, 

and Romania, 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 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 

2005–19, FAR case 2006–028), 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 

9000–0025, 9000–0130, 9000–0136, and 

9000–0141 respectively. The interim 

rule affects the certification and 

information collection requirements in 

the provisions at FAR 52.212–3, 52.225–

4, 52.225–6, and 52.225–11. 

D. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 


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46358 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 

(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 CAFTADR took effect with respect to the 

Dominican Republic on March 1, 2007. 

Bulgaria and Romania became parties to 

the WTO GPA on January 1, 2007. 

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 Parts 22, 25, 

and 52 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 22, 25, and 52 as 

set forth below: 

■ 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] 

■ 2. Amend section 22.1503 in 

paragraph (b)(4) by adding ‘‘Bulgaria,’’

and ‘‘Romania,’’ in alphabetical order. 

PART 25—FOREIGN ACQUISITION 

25.003 [Amended] 

■ 3. Amend section 25.003 by—

■ a. Removing from the definition 

‘‘Caribbean Basin country’’, ‘‘Dominican 

Republic,’’; 

■ b. Amending the definition 

‘‘Designated country’’ by—

■ 1. Adding to paragraph (1) ‘‘Bulgaria,’’

and ‘‘Romania,’’ in alphabetical order; 

■ 2. Adding to paragraph (2) 

‘‘Dominican Republic,’’ in alphabetical 

order; and 

■ 3. Removing from paragraph (4) 

‘‘Dominican Republic,’’; 

■ c. Amending the definition ‘‘Free 

Trade Agreement country’’, by adding 

‘‘Dominican Republic,’’ in alphabetical 

order; and 

■ d. Amending the definition ‘‘World 

Trade Organization Government 

Procurement Agreement (WTO GPA) 

country’’, by adding ‘‘Bulgaria,’’ and 

‘‘Romania,’’ in alphabetical order. 

25.402 [Amended] 

■ 4. Amend section 25.402(b), in the 

table, by adding after ‘‘El Salvador,’’ the 

entry ‘‘Dominican Republic,’’. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Amend section 52.212–3 by 

revising the date of the clause and the 

last sentence of paragraph (g)(1)(i) to 

read as follows: 

52.212–3 Offeror Representations and 

Certifications—Commercial Items. 

* * * * * 

OFFEROR REPRESENTATIONS AND 

CERTIFICATIONS—COMMERCIAL ITEMS 

‘‘(AUG 2007)’’

* * * * * 

(g)(1) * * * 

(i) * * * The terms ‘‘Bahrainian or 

Moroccan end product,’’ ‘‘component,’’

‘‘domestic end product,’’ ‘‘end product,’’

‘‘foreign end product,’’ ‘‘Free Trade 

Agreement country,’’ ‘‘Free Trade Agreement 

country end product,’’ ‘‘Israeli end product,’’

and ‘‘United States’’ are defined in the clause 

of this solicitation entitled ‘‘Buy American 

Act—Free Trade Agreements—Israeli Trade 

Act.’’

* * * * * 

52.212–5 [Amended] 

■ 6. Amend section 52.212–5 by—

■ a. Revising the date of clause to read 

‘‘(AUG 2007)’’; 

■ b. Removing from paragraph (b)(17) 

‘‘(JAN 2006)’’ and adding ‘‘(AUG 2007)’’

in its place; and 

■ c. Removing from paragraphs (b)(27)(i) 

and (b)(28) ‘‘(NOV 2006)’’ and adding 

‘‘(AUG 2007)’’ in its place. 

52.222–19 [Amended] 

■ 7. Amend section 52.222–19 by 

revising the date of clause to read 

‘‘(AUG 2007)’’; and in paragraph (a)(4) 

by adding ‘‘Bulgaria,’’ and ‘‘Romania,’’

in alphabetical order. 

■ 8. Amend section 52.225–3 by—

■ a. Revising the date of clause; 

■ b. Revising the introductory text of the 

definition ‘‘Bahrainian end product’’, 

and adding to paragraphs (1) and (2) ‘‘or 

Morocco’’ after Bahrain; 

■ c. Amending the definition ‘‘Free 

Trade Agreement country’’ by adding 

‘‘Dominican Republic,’’ in alphabetical 

order; 

■ d. Removing the definition ‘‘Moroccan 

end product’’; and 

■ e. Removing from paragraph (c) 

‘‘Morocco FTA’’ and adding ‘‘Morocco 

FTAs’’ in its place. 

The revised text reads as follows: 

52.225–3 Buy American Act—Free Trade 

Agreements—Israeli Trade Act. 

* * * * * 

BUY AMERICAN ACT—FREE TRADE 

AGREEMENTS—ISRAELI TRADE ACT 

‘‘(AUG 2007)’’

* * * * * 

Bahrainian or Moroccan end product 

means an article that—

* * * * * 

52.225–4 [Amended] 

■ 9. Amend section 52.225–4 by 

revising the date of clause to read 

‘‘(AUG 2007)’’; and adding to paragraph 

(a) ‘‘or Moroccan’’ after ‘‘Bahrainian’’

and by removing the term ‘‘Moroccan 

end product,’’. 

52.225–5 [Amended] 

■ 10. Amend section 52.225–5 by—

■ a. Revising the date of clause to read 

‘‘(AUG 2007)’’; and 

■ b. Amending, in paragraph (a), the 

definition ‘‘Designated country’’ by—

■ 1. Adding to paragraph (1) ‘‘Bulgaria,’’

and ‘‘Romania,’’ in alphabetical order; 

■ 2. Adding to paragraph (2) 

‘‘Dominican Republic,’’ in alphabetical 

order; and 

■ 3. Removing from paragraph (4) 

‘‘Dominican Republic,’’. 

■ 11. Amend section 52.225–11 by—

■ a. Revising the date of clause; 

■ b. Amending the definition 

‘‘Designated country’’ by—

■ 1. Adding to paragraph (1) ‘‘Bulgaria,’’

and ‘‘Romania,’’ in alphabetical order; 

■ 2. Adding to paragraph (2) 

‘‘Dominican Republic,’’ in alphabetical 

order; and 

■ 3. Removing from paragraph (4) 

‘‘Dominican Republic,‘‘; and 

■ c. In Alternate I by revising the 

introductory text and the definition 

‘‘Bahrainian construction material’’; and 

by removing the definition ‘‘Mexican 

construction material’’. 

The revised text reads as follows: 

52.225–11 Buy American Act—

Construction Materials under Trade 

Agreements. 

* * * * * 

BUY AMERICAN ACT—CONSTRUCTION 

MATERIALS UNDER TRADE AGREEMENTS 

‘‘(AUG 2007)’’

* * * * * 

Alternate I ‘‘(AUG 2007)’’. As prescribed in 

25.1102(c)(3), add the following definition of 

‘‘Bahrainian or Mexican construction 

material’’ to paragraph (a) of the basic clause, 

and substitute the following paragraphs (b)(1) 

and (b)(2) for paragraphs (b)(1) and (b)(2) of 

the basic clause: 

Bahrainian or Mexican construction 

material means a construction material that—

(1) Is wholly the growth, product, or 

manufacture of Bahrain or Mexico; or 

(2) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in Bahrain or Mexico into a new 

and different construction material distinct 


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Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46359 

from the materials from which it was 

transformed. 

* * * * * 

■ 12. Amend section 52.225–12 by 

revising the introductory text of 

Alternate II to read as follows: 

52.225–12 Notice of Buy American Act 

Requirement—Construction Materials under 

Trade Agreements. 

* * * * * 

Alternate II ‘‘(AUG 2007)’’. As prescribed 

in 25.1102(d)(3), add the definition of 

‘‘Bahrainian or Mexican construction 

material’’ to paragraph (a) and substitute the 

following paragraph (d) for paragraph (d) of 

the basic provision: 

* * * * * 

[FR Doc. 07–3799 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 Part 23 

[FAC 2005–19; FAR Case 2006–025; Item 

IX; Docket 2007–0001, Sequence 3] 

RIN 9000–AK76 

Federal Acquisition Regulation; FAR 

Case 2006–025, Online 

Representations and Certifications 

Application Review 

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 revise the 

prescription for use of clauses for the 

use of EPA-designated products and 

toxic chemical release reporting. 

DATES: Effective Date: August 17, 2007. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before October 16, 

2007 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–19, FAR case 

2006–025, 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 2006–025) and click 

on the ‘‘Submit’’ button. Please include 

your name and company name (if any) 

inside the document. 

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 2005–19, FAR case 

2006–025, 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: Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. Please cite FAC 2005–19, FAR 

case 2006–025. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

FAR Subpart 4.12, Annual 

Representations and Certifications, 

prescribes policies and procedures for 

prospective offerors to submit annual 

representations via the Online 

Representations and Certifications 

Application (ORCA). ORCA, located at 

http://orca.bpn.gov, eliminates the 

administrative burden of submitting the 

same information to various contracting 

offices and establishes a common source 

for the Government to obtain the 

information. FAR 4.1201 requires 

prospective contractors to complete 

annual representations and 

certifications in ORCA (and update 

them as necessary, but at least annually) 

in conjunction with their required 

registration in the Central Contractor 

Registration (CCR) database. 

FAR 4.1104 requires (with few 

exceptions as listed at FAR 4.1102) the 

use of FAR clause 52.204–7, Central 

Contractor Registration, which requires 

the contractor to register in CCR. FAR 

4.1202 lists twenty-six representations 

and certifications that are included in 

ORCA and are therefore not to be 

included in solicitations that include 

the clause at 52.204–7, Central 

Contractor Registration. 

Of the twenty-six representations and 

certifications, the prescriptions for use 

of two associated clauses, (1) 52.223–9, 

Estimate of Percentage of Recovered 

Material Content for EPA-Designated 

Products, and (2) 52.223–14, Toxic 

Chemical Release Reporting, were 

determined to be problematic. The 

prescriptions for use of the clauses were 

dependent upon the associated 

provisions at 52.223–4, Recovered 

Material Certification, and 52.223–13, 

Certification of Toxic Chemical Release 

Reporting, being included in the 

solicitation. In instances where CCR is 

required, the annual certification in 

ORCA applies, and therefore neither 

provision will be included in the 

solicitation. Therefore, when applicable 

to the resultant contract, the 

Government may fail to include the 

associated clause because the provision 

was not included in the solicitation. 

Failure to include the clause may 

preclude receipt of information or 

certification required by statute. 

This interim rule amends FAR 23.406 

and 23.906, both titled Solicitation 

provision and contract clause, to revise 

the prescriptions for the use of 52.223–

9 and 52.223–14 to provide for use 

under the same circumstances as the 

prescription for use of their associated 

provisions. These revisions ensure 

compliance with the statutory 

requirements of 40 CFR part 247 and 42 

U.S.C. 11023. 

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., 

because the rule revises language that 

the Office of Management and Budget 

has already approved for obtaining 

representations and certifications under 

OMB Control Numbers 9000–0134 and 

9000–0139 for compliance with Section 

6002 of the Resource Conservation and 

Recovery Act and the requirements of 

Executive Order 12969, Emergency 

Planning and Community Right-toKnow Act of 1986. Therefore, an Initial 

Regulatory Flexibility Analysis has not 

been performed. The Councils will 

consider comments from small entities 


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