Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 3179 

Defense Authorization Act for Fiscal 

Year 2007 (Pub. L. 109–364) with regard 

to limitations on the performance of 

lead system integrator functions by DoD 

contractors. On January 28, 2008, 

Section 802 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181) placed additional 

limitations on DoD’s use of lead system 

integrators. A second interim rule was 

published on July 15, 2009, amending 

the first interim rule. One comment was 

received after the comment period 

closed. The comment concerned the 

definitions of lead system integrator 

with system responsibility and lead 

system integrator without system 

responsibility. The comment was 

addressed in the interim rule published 

on July 15, 2009. 

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 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., 

because application of the rule is 

limited to contractors performing lead 

system integrator functions for major 

DoD systems. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

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 209, 

237 and 252 

Government procurement. 

Amy G. Williams, 

Editor, Defense Acquisition Regulations 

System. 

■ Accordingly, the interim rule 

amending 48 CFR Parts 209, 237, and 

252, which was published at 74 FR 

34268 on July 15, 2009, is adopted as a 

final rule without change. 

[FR Doc. 2010–888 Filed 1–19–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AG31 

Defense Federal Acquisition 

Regulation Supplement; Trade 

Agreements—Costa Rica and Peru 

(DFARS Case 2008–D046) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is converting the interim 

rule issued on July 29, 2009 (74 FR 

37650) to a final rule without change. 

The interim rule amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to implement the 

Dominican Republic—Central 

America—United States Free Trade 

Agreement with respect to Costa Rica, 

and the United States-Peru Trade 

Promotion Agreement. The trade 

agreements waive the applicability of 

the Buy American Act for some foreign 

supplies and construction materials and 

specify procurement procedures 

designed to ensure fairness. 

DATES: Effective date: January 20, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD(AT&L)DPAP 

(DARS), 3060 Defense Pentagon, Room 

3B855, Washington, DC 20301–3060. 

Telephone 703–602–0328; facsimile 

703–602–0305. Please cite DFARS Case 

2008–D046. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This finalizes, without change, the 

interim rule that implemented the 

Dominican Republic—Central 

America—United States Free Trade 

Agreement with respect to Costa Rica 

and the United States-Peru Trade 

Promotion Agreement. The trade 

agreements waive the applicability of 

the Buy American Act for DoD 

acquisition of some foreign supplies and 

construction materials from Costa Rica 

and Peru and specify procurement 

procedures designed to ensure fairness. 

In addition, the interim rule amended 

DFARS 225.003 to exclude Oman from 

the definition of ‘‘Free Trade Agreement 

country’’ for purposes of DoD 

acquisitions. 

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 certifies that this 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 

acquisition to the products of Costa Rica 

and Peru, DoD does not estimate 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 

acquisitions that are set aside for small 

businesses are exempt from application 

of the trade agreements. No public 

comments were received relating to the 

burden on small businesses. 

C. Paperwork Reduction Act 

The interim rule affected 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, was negligible. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Amy G. Williams, 

Editor, Defense Acquisition Regulations 

System. 

PARTS 225 AND 252—[AMENDED] 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 225 and 252, 

which was published at 74 FR 37650 on 

July 29, 2009, is adopted as a final rule 

without change. 

[FR Doc. 2010–934 Filed 1–19–10; 8:45 am] 

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