Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations 38053 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AH32 

Defense Federal Acquisition 

Regulation Supplement; Successor 

Entities to the Netherlands Antilles 

(DFARS Case 2011–D029) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

revise the definitions of ‘‘Caribbean 

Basin country’’ and ‘‘designated 

country’’ due to the change in the 

political status of the islands that 

comprised the Netherlands Antilles. 

DATES: Effective date: June 29, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Telephone 703–602– 

0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends definitions of 

‘‘Caribbean Basin country’’ and 

‘‘designated country’’ at the clauses 

252.225–7021, Trade Agreements, and 

252.225–45, Balance of Payments 

Program—Construction Materials Under 

Trade Agreements. 

On October 10, 2010, Curacao and 

Sint Maarten became autonomous 

territories of the Kingdom of the 

Netherlands. Bonaire, Saba, and Sint 

Eustatius now fall under the direct 

administration of the Netherlands. 

The Netherlands Antilles was 

designated as a beneficiary country 

under the Caribbean Basin Initiative (see 

19 U.S.C. 2702). According to the 

initiative, successor political entities 

remain eligible as beneficiary countries. 

Therefore, the definitions have been 

revised to replace ‘‘Netherlands 

Antilles’’ with the five separate 

successor entities. 

II. 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. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. 

Therefore, an initial regulatory 

flexibility analysis has not been 

performed because an initial regulatory 

flexibility analysis is only required for 

proposed or interim rules that require 

publication for public comment (5 

U.S.C. 603) and a final regulatory 

flexibility analysis is only required for 

final rules that were previously 

published for public comment, and for 

which an initial regulatory flexibility 

analysis was prepared (5 U.S.C. 604). 

This final rule does not constitute a 

significant FAR (or DFARS) revision as 

defined at FAR 1.501–1 because this 

rule will not have a significant cost or 

administrative impact on contractors or 

offerors, or a significant effect beyond 

the internal operating procedures of the 

Government. The rule only reflects the 

political status of the islands that 

comprised the Netherlands Antilles. 

This will have no impact on any entities 

in the United States. Therefore, 

publication for public comment under 

41 U.S.C. 1707 is not required. 

IV. Paperwork Reduction Act 

This rule will not change the burden 

of any of the approved information 

collection requirements for part 225 

currently approved by the Office of 

Management and Budget under OMB 

Clearance 0704–0229, Defense Federal 

Acquisition Regulation Supplement Part 

225, Foreign Acquisition, and related 

clauses. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

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. 1303 and 48 CFR 

chapter 1. 

252.212–7001 [Amended] 

■ 2. In section 252.212–7001, amend 

paragraph (b)(12)(i) by removing the 

clause date ‘‘(NOV 2009)’’ and adding in 

its place ‘‘(JUN 2011)’’. 

■ 3. In section 252.225–7021, remove 

the clause date ‘‘(NOV 2009)’’ and add 

in its place ‘‘(JUN 2011)’’ and revise 

paragraph (a)(3)(iv) to read as follows: 

252.225–7021 Trade agreements. 

* * * * * 

(a) * * * 

(3) * * * 

(iv) A Caribbean Basin country 

(Antigua and Barbuda, Aruba, Bahamas, 

Barbados, Belize, Bonaire, British Virgin 

Islands, Curacao, Dominica, Grenada, 

Guyana, Haiti, Jamaica, Montserrat, 

Saba, St. Kitts and Nevis, St. Lucia, St. 

Vincent and the Grenadines, Sint 

Eustatius, Sint Maarten, or Trinidad and 

Tobago). 

* * * * * 

■ 4. In section 252.225–7045, remove 

the clause date ‘‘(JAN 2009)’’ and add in 

its place ‘‘(JUN 2011)’’ and in paragraph 

(a), revise paragraph (4) of the definition 

of ‘‘designated country’’ to read as 

follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

* * * * * 

(a) * * * 

Designated country * * * 

(4) A Caribbean Basin country 

(Antigua and Barbuda, Aruba, Bahamas, 

Barbados, Belize, Bonaire, British Virgin 

Islands, Curacao, Dominica, Grenada, 

Guyana, Haiti, Jamaica, Montserrat, 

Saba, St. Kitts and Nevis, St. Lucia, St. 

Vincent and the Grenadines, Sint 

Eustatius, Sint Maarten, or Trinidad and 

Tobago). 

* * * * * 

[FR Doc. 2011–16373 Filed 6–28–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 173 

[Docket No. PHMSA–2010–0353; Notice No. 

10–9] 

Clarification of the Fireworks 

Approvals Policy 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Clarification. 

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