Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76941 

2010)’’ and adding ‘‘(DEC 2012)’’ in its 

place, redesignating paragraphs (a)(1) 

and (2) as (a)(i) and (ii), and in newly 

designated paragraph (a)(i) removing 

‘‘cost or pricing data’’ and adding 

‘‘certified cost or pricing data’’ in its 

place. 

252.215–7000 [Amended] 

■ 23. Section 252.215–7000 is amended 

by removing the clause date ‘‘(DEC 

1991)’’ and adding ‘‘(DEC 2012)’’ in its 

place and removing ‘‘Cost or Pricing 

Data-Modifications’’ and adding 

‘‘Certified Cost or Pricing DataModifications’’ in its place wherever it 

appears. 

252.215–7002 [Amended] 

■ 24. Section 252.215–7002 is amended 

by— 

■ a. Removing the clause date ‘‘(FEB 

2012)’’ and adding ‘‘(DEC 2012)’’ in its 

place; 

■ b. In the definition of ‘‘Significant 

Deficiency’’ in paragraph (a), removing 

‘‘rely upon information’’ and adding 

‘‘rely upon data and information’’ in its 

place; 

■ c. In paragraph (d)(1) removing 

‘‘protect the information as privileged’’ 

and adding ‘‘protect the data and 

information as privileged’’ in its place; 

■ d. In paragraph (d)(4)(ix) removing the 

word ‘‘information’’ and adding the 

word ‘‘data’’ in its place; and 

■ e. In paragraph (d)(4)(xi) removing 

‘‘Integrate information available’’ and 

adding ‘‘Integrate data and information 

available’’ in its place. 

252.217–7027 [Amended] 

■ 25. Section 252.217–7027 is amended 

by removing the clause date ‘‘(OCT 

1998)’’ and adding ‘‘(DEC 2012)’’ in its 

place, in paragraph (a) removing ‘‘cost 

or pricing data’’ and adding ‘‘certified 

cost or pricing data’’ in its place, and in 

paragraph (b) removing ‘‘cost or pricing 

data’’ and adding ‘‘certified cost or 

pricing data’’ in its place. 

252.243–7002 [Amended] 

■ 26. Section 252.243–7002 is amended 

by removing the clause date ‘‘(MAR 

1998)’’ and adding ‘‘(DEC 2012)’’ in its 

place, in paragraph (c)(1) removing 

‘‘Cost or pricing data’’ and adding 

‘‘Certified cost or pricing data,’’ in its 

place, and in paragraph (c)(2) removing 

‘‘Information other than cost or pricing 

data’’ and adding ‘‘Data other than 

certified cost or pricing data’’ in its 

place and removing ‘‘cost or pricing 

data’’ and adding ‘‘certified cost or 

pricing data’’ in its place. 

[FR Doc. 2012–31088 Filed 12–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AH82 

Defense Federal Acquisition 

Regulation Supplement: New 

Qualifying Country—Poland (DFARS 

Case 2012–D049) 

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 add Poland as a qualifying 

country. 

DATES: Effective Date: December 31, 

2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to add 

the Republic of Poland as a qualifying 

country. On August 27, 2011, the U.S. 

Secretary of Defense signed a new 

reciprocal defense procurement 

agreement with the Polish Minister of 

National Defense. This agreement was 

placed into force on July 19, 2012. The 

agreement removes discriminatory 

barriers to procurements of supplies and 

services produced by industrial 

enterprises of the other country to the 

extent mutually beneficial and 

consistent with national laws, 

regulations, policies, and international 

obligations. The agreement does not 

cover construction or construction 

material. Poland is already a designated 

country under the World Trade 

Organization Government Procurement 

Agreement. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it does not constitute a 

significant DFARS revision within the 

meaning of FAR 1.501–1, does not have 

a significant effect beyond the internal 

operating procedures of DoD, and will 

not have a significant cost or 

administrative impact on contractors or 

offerors. Poland is added to the list of 

22 other countries that have similar 

reciprocal defense procurement 

agreements with DoD. 

III. 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. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7000 

and 252.225–7035, currently approved 

under OMB Control Number 0704–0229, 

titled DFARS Part 225, Foreign 

Acquisition, and Associated Clauses, in 

accordance with the Paperwork 

Reduction Act (44 U.S.C. chapter 35). 

The impact, however, is negligible, 

because it merely shifts the category 

under which items from Poland must be 

listed. 


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76942 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continue to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.003 [Amended] 

■ 2. Section 225.003 is amended in 

paragraph (10), the definition of 

‘‘qualifying country’’ by adding in 

alphabetical order the country 

‘‘Poland’’. 

225.872–1 [Amended] 

■ 3. Section 225.872–1 paragraph (a) is 

amended by adding, in alphabetical 

order, the country of ‘‘Poland’’ to the list 

of qualifying countries. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 4. Section 252.212–7001 is amended 

as follows: 

■ a. In the clause heading, by removing 

the clause date ‘‘(NOV 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

■ b. In paragraph (b)(6)(i), by removing 

the clause date ‘‘(JUN 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

■ c. In paragraph (b)(9) by revising the 

clause date to read ‘‘(DEC 2012); 

■ d. In paragraph (b)(12), by removing 

the clause date ‘‘(NOV 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

■ e. In paragraph (b)(13)(i), by removing 

the clause date ‘‘(NOV 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

■ f. In paragraph (b)(16)(i), by removing 

the clause date ‘‘(NOV 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

252.225–7001 [Amended] 

■ 5. Section 252.225–7001 is amended 

as follows: 

■ a. In the clause heading, by removing 

the clause date ‘‘(JUN 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

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

‘‘qualifying country’’, by adding, in 

alphabetical order, the country of 

‘‘Poland’’ to the list of qualifying 

countries. 

252.225–7002 [Amended] 

■ 6. Section 252.225–7002 is amended 

as follows: 

■ a. In the clause heading, by removing 

the clause date ‘‘(JUN 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

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

‘‘qualifying country’’, by adding in 

alphabetical order the country of 

‘‘Poland’’ to the list of qualifying 

countries. 

252.225–7012 [Amended] 

■ 7. Section 252.225–7012 is amended 

as follows: 

■ a. In the clause heading, by removing 

the clause date ‘‘(JUN 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

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

‘‘qualifying country’’, by adding in 

alphabetical order the country of 

‘‘Poland’’ to the list of qualifying 

countries. 

252.225–7017 [Amended] 

■ 8. Section 252.225–7017 is amended 

as follows: 

■ a. In the clause heading, by removing 

the clause date ‘‘(NOV 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

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

‘‘qualifying country’’, by adding in 

alphabetical order the country of 

‘‘Poland’’ to the list of qualifying 

countries. 

252.225–7021 [Amended] 

■ 9. Section 252.225–7021 is amended 

as follows: 

■ a. In the clause heading, by removing 

the clause date ‘‘(NOV 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

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

‘‘qualifying country’’, by adding in 

alphabetical order the country of 

‘‘Poland’’ to the list of qualifying 

countries. 

252.225–7036 [Amended] 

■ 10. Section 252.225–7036 is amended 

as follows: 

■ a. In the clause heading, by removing 

the clause date ‘‘(NOV 2012)’’ and 

adding ‘‘(DEC 2012)’’ in its place; 

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

‘‘qualifying country’’, by adding in 

alphabetical order the country of 

‘‘Poland’’ to the list of qualifying 

countries. 

[FR Doc. 2012–31083 Filed 12–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 121009528–2729–02] 

RIN 0648–XC287 

2013–2014 Summer Flounder and Scup 

Specifications; 2013 Black Sea Bass 

Specifications; Preliminary 2013 Quota 

Adjustments; 2013 Summer Flounder 

Quota for Delaware 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final 

specifications for the 2013 summer 

flounder, scup, and black sea bass 

fisheries, as well as the 2014 summer 

flounder and scup fisheries. This final 

rule specifies allowed harvest limits for 

both commercial and recreational 

fisheries. This action prohibits federally 

permitted commercial fishing vessels 

from landing summer flounder in 

Delaware in 2013 due to continued 

quota repayment from previous years’ 

overages. 

These actions are necessary to comply 

with regulations implementing the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan, as well 

as to ensure compliance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

The intent of this action is to establish 

harvest levels and other management 

measures to ensure that these species 

are not overfished or subject to 

overfishing in 2013 and 2014. 

DATES: Effective January 1, 2013, 

through December 31, 2014. 

ADDRESSES: Copies of the specifications 

document, consisting of an 

Environmental Assessment (EA), Initial 

Regulatory Flexibility Analysis (IRFA), 

and other supporting documents used 

by the Summer Flounder, Scup, and 

Black Sea Bass Monitoring Committees 

and Scientific and Statistical Committee 

(SSC), are available from Dr. 

Christopher Moore, Executive Director, 

Mid-Atlantic Fishery Management 

Council, Suite 201, 800 North State 

Street, Dover, DE 19901. The 

specifications document is also 

accessible via the Internet at http:// 

www.nero.noaa.gov. The Final 

Regulatory Flexibility Analysis (FRFA) 

consists of the IRFA, public comments 

and responses contained in this final 

rule, and the summary of impacts and 


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