Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 48333 

C. Other Changes 

1. Subparagraph 252.204–7000(b)(1) 

of the proposed rule, which provided 

exceptions for information required as 

part of an official Defense Contract 

Audit Agency audit or DoD Inspector 

General investigation, or by a 

Congressional or Federal subpoena, is 

removed, because the clause did not 

previously protect the information from 

release under these circumstances. 

2. Subparagraph 252.204–7000(b)(3) 

of the proposed rule is revised to delete 

‘‘except as otherwise provided by 

applicable Federal statutes regulations, 

or Executive orders.’’ Subparagraph 

252.204–7000(d) of the proposed rule is 

revised to clarify that the paragraph 

requiring the flowdown of the contract 

clause should also be included in any 

subcontracts, in order to provide 

flowdown to lower tier subcontracts. 

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 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows: 

This final rule implements guidance 

provided by the Undersecretary of 

Defense for Acquisition, Technology 

and Logistics (AT&L) in a memorandum 

dated May 24, 2010, by providing a 

fundamental research exception to the 

general rule against disclosure of 

unclassified information. The subject 

matter of this final rule was previously 

included in proposed rule 2011–D039, 

which was published in the Federal 

Register on June 29, 2011 (76 FR 38089); 

however, the text was deemed more 

appropriate for a stand-alone case 

because this subject matter deals with 

the release of information and not the 

safeguarding of information. An initial 

regulatory flexibility analysis was 

prepared, and no public comments were 

received. Also, DoD received no 

comments by the Chief Counsel for 

Advocacy of the Small Business 

Administration in response to the 

proposed rule. 

This final rule applies to all Federal 

contractors, regardless of size or 

business ownership, when responding 

to solicitations or being awarded 

contracts that include requirements that 

meet the definition of fundamental 

research as contained within NSDD 189. 

The final rule is not expected to have a 

significant impact on small entities, 

because the rule aims to implement 

policy guidance that is already being 

followed within DoD regarding 

restrictions on the disclosure of 

fundamental research. 

The rule does not contain any 

reporting or recordkeeping requirements 

and does not require contractors to 

expend significant cost or effort. There 

are no known significant alternatives to 

the rule that would further minimize 

any economic impact of the rule on 

small entities. 

V. Paperwork Reduction Act 

The rule does not add any new 

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 Part 252 

Government procurement. 

Manuel Quinones, 

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 part 252 

continue to read as follows: 

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

Chapter 1. 

■ 2. Revise section 252.204–7000 to 

read as follows: 

252.204–7000 Disclosure of information. 

As prescribed in 204.404–70(a), use 

the following clause: 

DISCLOSURE OF INFORMATION (AUG 

2013) 

(a) The Contractor shall not release to 

anyone outside the Contractor’s organization 

any unclassified information, regardless of 

medium (e.g., film, tape, document), 

pertaining to any part of this contract or any 

program related to this contract, unless— 

(1) The Contracting Officer has given prior 

written approval; 

(2) The information is otherwise in the 

public domain before the date of release; or 

(3) The information results from or arises 

during the performance of a project that has 

been scoped and negotiated by the 

contracting activity with the Contractor and 

research performer and determined in 

writing by the Contracting Officer to be 

fundamental research in accordance with 

National Security Decision Directive 189, 

National Policy on the Transfer of Scientific, 

Technical and Engineering Information, in 

effect on the date of contract award and the 

USD (AT&L) memoranda on Fundamental 

Research, dated May 24, 2010, and on 

Contracted Fundamental Research, dated 

June 26, 2008, (available at DFARS PGI 

204.4). 

(b) Requests for approval under paragraph 

(a)(1) shall identify the specific information 

to be released, the medium to be used, and 

the purpose for the release. The Contractor 

shall submit its request to the Contracting 

Officer at least 10 business days before the 

proposed date for release. 

(c) The Contractor agrees to include a 

similar requirement, including this paragraph 

(c), in each subcontract under this contract. 

Subcontractors shall submit requests for 

authorization to release through the prime 

contractor to the Contracting Officer. 

(End of clause) 

[FR Doc. 2013–18960 Filed 8–7–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AI00 

Defense Federal Acquisition 

Regulation Supplement: Least 

Developed Countries That Are 

Designated Countries (DFARS Case 

2013–D019) 

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 implement a revision by the 

United States Trade Representative 

(USTR) to the list of least developed 

countries that are designated countries 

under the Trade Agreements Act of 

1979. 

DATES: Effective: August 8, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

mstockstill on DSK4VPTVN1PROD with RULES

48334 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

I. Background 

19 U.S.C. 2511(b)(4) allows the 

President to designate least developed 

countries as eligible countries under the 

Trade Agreements Act of 1979, allowing 

non-discriminatory treatment of the 

products of such countries in 

acquisitions subject to the World Trade 

Organization Government Procurement 

Agreement. This statutory authority has 

been delegated to the United States 

Trade Representative (USTR). The 

USTR selects the countries for such 

designation from the United Nations 

(UN) Least Developed Countries List. 

The USTR consults with other 

Government agencies on trade policy 

matters through the Trade Policy 

Review Group and the Trade Policy 

Staff Committee. These changes are 

necessary to reflect the UN General 

Assembly’s current list of least 

developed countries. Based on changes 

to the UN Least Developed Countries 

List and the approval of the Trade 

Policy Staff Committee, the USTR has 

revised the list of least developed 

countries that are designated as eligible 

countries as follows: 

• Changed the name of East Timor to 

Timor-Leste, reflecting the changed 

name on the UN list. 

• Removed the Maldives, which is no 

longer a least developed country. 

• Added South Sudan, which 

seceded from Sudan to form an 

independent state on July 9, 2011, and 

was formally recognized as a least 

developed country by the UN in 

December 2012. Although the United 

States continues to impose sanctions 

against Sudan, South Sudan is not 

subject to sanctions. 

This final rule revises the definitions 

of ‘‘designated country’’ in various 

DFARS clauses (DFARS 252.225–7017, 

Photovoltaic Devices; DFARS 252.225– 

7021, Trade Agreements; and DFARS 

252.225–7045, Balance of Payments 

Program—Construction Material Under 

Trade Agreements). 

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 that 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 only revises the list of least 

developed countries that the USTR has 

designated as eligible for nondiscriminatory treatment under the 

Trade Agreements Act. Addition of 

South Sudan and removal of Maldives 

will have no significant effect beyond 

the internal operating procedures of the 

Government or a significant cost or 

administrative impact on contractors or 

offerors. 

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, it 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 

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 Part 252 

Government procurement. 

Manuel Quinones, 

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 continue to read as follows: 

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

chapter 1. 

252.225–7017 [Amended] 

■ 2. Amend section 252.225–7017 by— 

■ a. Removing the clause date ‘‘(DEC 

2012)’’ and adding ‘‘(AUG 2013)’’ in its 

place; and 

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

‘‘Designated country’’ in paragraph (iii), 

removing the countries of ‘‘East Timor’’ 

and ‘‘Maldives’’ and adding, in 

alphabetical order, the countries of 

‘‘South Sudan’’ and ‘‘Timor-Leste’’. 

252.225–7021 [Amended] 

■ 3. Amend section 252.225–7021 by— 

■ a. Removing the clause date ‘‘(DEC 

2012)’’ and adding ‘‘(AUG 2013)’’ in its 

place; and 

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

‘‘Designated country’’ in paragraph (iii), 

removing the countries of ‘‘East Timor’’ 

and ‘‘Maldives’’ and adding, in 

alphabetical order, the countries of 

‘‘South Sudan’’ and ‘‘Timor-Leste’’. 

252.225–7045 [Amended] 

■ 4. Amend section 252.225–7045 by— 

■ a. Removing the clause date ‘‘(NOV 

2012)’’ and adding ‘‘(AUG 2013)’’ in its 

place; and 

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

‘‘Designated country’’ in paragraph (3), 

removing the countries of ‘‘East Timor’’ 

and ‘‘Maldives’’ and adding, in 

alphabetical order, the countries of 

‘‘South Sudan’’ and ‘‘Timor-Leste’’. 

[FR Doc. 2013–18968 Filed 8–7–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 95 

[Docket No. DOT–OST–2013–0015] 

RIN 2105–AE22 

Advisory Committees (RRR) 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule removes DOT’s 

advisory committee regulations. The 

DOT is removing the regulations 

because they have been made obsolete 

by other laws, regulations, and agency 

procedures. 

mstockstill on DSK4VPTVN1PROD with RULES