[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Page 46361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3802]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-19; FAR Case 2006-017; Item XI; Docket 2006-0020; Sequence 
11]
RIN 9000-AK61


Federal Acquisition Regulation; FAR Case 2006-017, Free Trade 
Agreements-Bahrain and Guatemala

AGENCIES:  Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed to adopt the 
interim rule published in the Federal Register at 71 FR 67776, November 
22, 2006, as a final rule without change. This final rule amends the 
Federal Acquisition regulation (FAR) to implement the Dominican 
Republic-Central America-United States Free Trade Agreement with 
respect to Guatemala and the United States-Bahrain Free Trade 
Agreement.

DATES: Effective Date: August 17, 2007.

FOR FURTHER INFORMATION CONTACT:  Ms. Meredith Murphy, Procurement 
Analyst, at (202) 208-6925 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-19, FAR case 
2006-017.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 71 FR 67776, November 22, 2006. The interim rule amended 
FAR Part 25 and the corresponding clauses in FAR Part 52 to implement 
the Dominican Republic-Central America-United States Free Trade 
Agreement (CAFTA-DR) with respect to Guatemala and the United States-
Bahrain Free Trade Agreement (FTA). Congress approved these trade 
agreements in the Dominican Republic-Central America-United States Free 
Trade Agreement Implementation Act (Pub. L. 109-53) and the United 
States-Bahrain Free Trade Agreement Implementation Act (Pub. L. 109-
169), respectively. These trade agreements waive the applicability of 
the Buy American Act for some foreign supplies and construction 
materials from Guatemala and Bahrain and specify procurement procedures 
designed to ensure fairness in the acquisition of supplies and 
services.
    The interim rule added Bahrain and Guatemala to the definition of 
``Free Trade Agreement country.'' The rule also deleted Guatemala from 
the definition of ``Caribbean Basin country'' because, in accordance 
with Section 201(a)(3) of Pub. L. 109-53, when the CAFTA-DR agreement 
enters into force with respect to a country, that country is no longer 
designated as a beneficiary country for purposes of the Caribbean Basin 
Economic Recovery Act. The Councils received no comments on the interim 
rule; therefore, the Councils have agreed to implement the interim rule 
as a final rule without change.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. 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. Although the rule opens up 
Government procurement to the goods and services of Guatemala and 
Bahrain, the Councils do not anticipate any significant economic impact 
on U.S. small businesses. The Department of Defense only applies the 
trade agreements to the non-defense items listed at DFARS 225.401-70, 
and acquisitions that are set aside for small businesses are exempt. No 
comments were received with regard to impact on small entities.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Numbers 
9000-0025, 9000-0130, 9000-0136, and 9000-0141.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 25 and 52, which 
was published in the Federal Register at 71 FR 67776, November 22, 
2006, is adopted as a final rule without change.
[FR Doc. 07-3802 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S