23368 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

Officer, on the product types and dollar value 

of any USDA-designated biobased products 

purchased by the Contractor during the 

previous Government fiscal year, between 

October 1 and September 30; 

(2) Submit this report no later than— 

(i) October 31 of each year during contract 

performance; and 

(ii) At the end of contract performance; and 

(3) Contact the environmental point of 

contract to obtain the preferred submittal 

format, if that format is not specified in this 

contract. 

(d) The environmental point of contact for 

this contract is: ________ [Contracting Officer 

shall insert full name, phone number, and 

email address. In addition, the Contracting 

Officer may include the agency Web site for 

reporting.] 

* * * * * 

[FR Doc. 2012–9201 Filed 4–17–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 25, and 52 

[FAC 2005–58; FAR Case 2010–018; Item 

II; Docket 2010–0018, Sequence 1] 

RIN 9000–AL91 

Federal Acquisition Regulation; 

Representation Regarding Export of 

Sensitive Technology to Iran 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA have 

adopted as final, with changes, the 

interim rule amending the Federal 

Acquisition Regulation (FAR) to add a 

representation to implement section 106 

of the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010. Section 106 imposes a 

procurement prohibition relating to 

contracts with persons that export 

certain sensitive technology to Iran. 

DATES: Effective Date: May 18, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Cecelia Davis, Procurement Analyst, 

at 202–219–0202, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–58, FAR 

Case 2010–018. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

76 FR 68028 on November 2, 2011, to 

add a representation to implement 

section 106 of the Comprehensive Iran 

Sanctions, Accountability, and 

Divestment Act of 2010. Section 106 

imposes a procurement prohibition 

relating to contracts with persons that 

export certain sensitive technology to 

Iran. One respondent submitted 

comments on the interim rule. 

II. Discussion and Analysis 

The Civilian Agency Acquisition 

Council and the Defense Acquisition 

Regulations Council (the Councils) 

reviewed the comment in the 

development of the final rule. There 

were no significant changes in the final 

rule as a result of the one public 

comment. 

Comment: The respondent pointed 

out that the introductory text at FAR 

25.703–1, Definitions, should refer to 

definitions used in the ‘‘section’’ rather 

than ‘‘subpart.’’ 

Response: The correction has been 

made. 

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 a significant 

regulatory action and, therefore, was 

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 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., because this 

rule will only have an impact on an 

offeror that is exporting sensitive 

technology to Iran. Domestic entities are 

generally prohibited from engaging in 

activity that would cause them to be 

subject to the procurement bans 

described in this rule due to current 

restrictions on trade with Iran (see, e.g., 

Department of the Treasury Office of 

Foreign Assets Control regulations at 31 

CFR part 560). 

For the definition of ‘‘small business,’’ 

the Regulatory Flexibility Act refers to 

the Small Business Act, which in turn 

allows the U.S. Small Business 

Administration (SBA) Administrator to 

specify detailed definitions or standards 

(5 U.S.C. 601(3) and 15 U.S.C. 632(a)). 

The SBA regulations at 13 CFR 121.105 

discuss who is a small business: 

‘‘(a)(1) Except for small agricultural 

cooperatives, a business concern eligible 

for assistance from SBA as a small 

business is a business entity organized 

for profit, with a place of business 

located in the United States, and which 

operates primarily within the United 

States or which makes a significant 

contribution to the U.S. economy 

through payment of taxes or use of 

American products, materials or labor.’’ 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 4, 25, 

and 52 

Government procurement. 

Dated: April 11, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Interim Rule Adopted as Final With 

Changes 

■ Accordingly, the interim rule 

amending 48 CFR parts 4, 25, and 52, 

which was published in the Federal 

Register at 76 FR 68028, November 2, 

2011, is adopted as final with the 

following changes: 

PART 25—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 25 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 25.703–1 by 

revising the introductory text to read as 

follows: 

25.703–1 Definitions. 

As used in this section— 

* * * * * 

[FR Doc. 2012–9202 Filed 4–17–12; 8:45 am] 

BILLING CODE 6820–EP–P 

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