14242 Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Rules and Regulations 

Executive Order 12866, dated 

September 30, 1993. 

B. 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 opens up DoD 

procurement to the products of 

Guatemala and Bahrain, DoD does not 

believe there will be a significant 

economic impact on U.S. small 

businesses. DoD applies the trade 

agreements to only those non-defense 

items listed at DFARS 225.401–70, and 

procurements that are set aside for small 

businesses are exempt from application 

of the trade agreements. 

C. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7020 

and 252.225–7035, currently approved 

under Office of Management and Budget 

Control Number 0704–0229. The 

impact, however, is negligible. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Michele P. Peterson, 

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 71 FR 58541 on October 4, 

2006, is adopted as a final rule without 

change. 

[FR Doc. E7–5479 Filed 3–26–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AF57 

Defense Federal Acquisition 

Regulation Supplement; New 

Designated Countries (DFARS Case 

2006–D062) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) 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 

countries covered by the World Trade 

Organization Government Procurement 

Agreement. 

DATES: Effective date: March 27, 2007. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before May 29, 2007, to be considered 

in the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D062, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D062 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

Williams, OUSD(AT&L)DPAP(DARS), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule amends DFARS 

clauses relating to trade agreements to 

implement the Dominican RepublicCentral America-United States Free 

Trade Agreement (CAFTA–DR) with 

respect to the Dominican Republic. 

Congress approved the CAFTA–DR in 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement Implementation Act (Public 

Law 109–53). The CAFTA–DR waives 

the applicability of the Buy American 

Act for some foreign supplies and 

construction materials and specifies 

procurement procedures designed to 

ensure fairness. 

The rule adds the Dominican 

Republic to the definitions of 

‘‘designated country’’ and ‘‘Free Trade 

Agreement country.’’ In addition, the 

rule removes the Dominican Republic 

from the list of Caribbean Basin 

countries, because, in accordance with 

Section 201(a)(3) of Public Law 109–53, 

when the CAFTA–DR 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 rule also adds Bulgaria and 

Romania to the list of World Trade 

Organization Government Procurement 

Agreement countries, based upon 

direction from the United States Trade 

Representative. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this rule 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 DoD 

procurement to the products of Bulgaria, 

the Dominican Republic, and Romania, 

DoD does not believe there will be a 

significant economic impact on U.S. 

small businesses. DoD applies the trade 

agreements to only those non-defense 

items listed at DFARS 225.401–70, and 

procurements that are set aside for small 

businesses are exempt from application 

of the trade agreements. Therefore, DoD 

has not performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D062. 

C. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7020 

and 252.225–7035, currently approved 

under Office of Management and Budget 

Control Number 0704–0229. 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 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement with respect to the 

Dominican Republic, which became 

effective on March 1, 2007. The rule 

also implements the addition of 

Bulgaria and Romania to the countries 

covered by the World Trade 

Organization Government Procurement 

Agreement, which became effective on 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Rules and Regulations 14243 

January 1, 2007. Comments received in 

response to this interim rule will be 

considered in the formation of the final 

rule. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

252.212–7001 [Amended] 

■ 2. Section 252.212–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(MAR 2007)’’; 

■ b. In paragraph (b)(9) by removing 

‘‘(NOV 2006)’’ and adding in its place 

‘‘(MAR 2007)’’; and 

■ c. In paragraph (b)(12)(i) by removing 

‘‘(OCT 2006)’’ and adding in its place 

‘‘(MAR 2007)’’. 

■ 3. Section 252.225–7021 is amended 

by revising the clause date and 

paragraphs (a)(3)(i), (ii), and (iv) to read 

as follows: 

252.225–7021 Trade Agreements. 

* * * * * 

TRADE AGREEMENTS (MAR 2007) 

(a) * * * 

(3) * * * 

(i) A World Trade Organization 

Government Procurement Agreement (WTO 

GPA) 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, or the United Kingdom); 

(ii) A Free Trade Agreement country 

(Australia, Bahrain, Canada, Chile, 

Dominican Republic, El Salvador, Guatemala, 

Honduras, Mexico, Morocco, Nicaragua, or 

Singapore); 

* * * * * 

(iv) A Caribbean Basin country (Antigua 

and Barbuda, Aruba, Bahamas, Barbados, 

Belize, British Virgin Islands, Costa Rica, 

Dominica, Grenada, Guyana, Haiti, Jamaica, 

Montserrat, Netherlands Antilles, St. Kitts 

and Nevis, St. Lucia, St. Vincent and the 

Grenadines, or Trinidad and Tobago). 

* * * * * 

■ 4. Section 252.225–7036 is amended 

by revising the clause date and 

paragraph (a)(6) to read as follows: 

252.225–7036 Buy American Act—Free 

Trade Agreements—Balance of Payments 

Program. 

* * * * * 

BUY AMERICAN ACT—FREE TRADE 

AGREEMENTS—BALANCE OF PAYMENTS 

PROGRAM (MAR 2007) 

(a) * * * 

(6) Free Trade Agreement country means 

Australia, Bahrain, Canada, Chile, Dominican 

Republic, El Salvador, Guatemala, Honduras, 

Mexico, Morocco, Nicaragua, or Singapore; 

* * * * * 

■ 5. Section 252.225–7045 is amended 

as follows: 

■ a. By revising the clause date; and 

■ b. In paragraph (a), in the definition of 

‘‘Designated country’’ by revising 

paragraphs (1), (2), and (4) to read as 

follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

* * * * * 

BALANCE OF PAYMENTS PROGRAM— 

CONSTRUCTION MATERIAL UNDER 

TRADE AGREEMENTS (MAR 2007) 

(a) * * * 

Designated country means—

(1) A World Trade Organization 

Government Procurement Agreement (WTO 

GPA) 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, or the United Kingdom); 

(2) A Free Trade Agreement country 

(Australia, Bahrain, Canada, Chile, 

Dominican Republic, El Salvador, Guatemala, 

Honduras, Mexico, Morocco, Nicaragua, or 

Singapore); 

* * * * * 

(4) A Caribbean Basin country (Antigua 

and Barbuda, Aruba, Bahamas, Barbados, 

Belize, British Virgin Islands, Costa Rica, 

Dominica, Grenada, Guyana, Haiti, Jamaica, 

Montserrat, Netherlands Antilles, St. Kitts 

and Nevis, St. Lucia, St. Vincent and the 

Grenadines, or Trinidad and Tobago). 

* * * * * 

[FR Doc. E7–5475 Filed 3–26–07; 8:45 am] 

BILLING CODE 5001–08–P 


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