[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10964-10965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3386]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25 and 52

[FAC 2005-24; FAR Case 2006-028; Item IV; Docket 2008-0001; Sequence 4]
RIN 9000-AK77


Federal Acquisition Regulation; FAR Case 2006-028, New Designated 
Countries--Dominican Republic, Bulgaria, and Romania

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

ACTION: Final rule.

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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 72 FR 46357, August 
17, 2007, 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 the Dominican Republic.

DATES: Effective Date: February 28, 2008.

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 2005-24, FAR case 
2006-028.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule with request for 
comments in the Federal Register at 72 FR 46357, August 17, 2007. The 
comment period closed October 16, 2007. No public comments were 
received in response to the interim rule.
    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 the 
Dominican Republic. Congress approved this trade agreement in the 
Dominican Republic-Central America-United States Free Trade Agreement 
Implementation Act (Pub. L. 109-53). This trade agreement waives the 
applicability of the Buy American Act for some foreign supplies and 
construction materials from the Dominican Republic and specifies 
procurement procedures designed to ensure fairness in the acquisition 
of supplies and services.
    The Dominican Republic has the same thresholds as the other CAFTA-
DR countries ($67,826 for supply and service contracts, $7,443,000 for 
construction contracts).
    The interim rule also added Bulgaria and Romania to the list of 
World Trade Organization Government Procurement Agreement countries 
wherever it appears, whether as a separate definition, part of the 
definition of designated countries, or as part of the list of countries 
exempt from the prohibition of acquisition of products produced by 
forced or indentured child labor (FAR parts 22.1503, 25.003, 52.222-19, 
52.225-5, and 52.225-11).
    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 Bulgaria, the 
Dominican Republic, and Romania, the Councils do not anticipate any 
significant economic impact on U.S. small businesses. No comments were 
received from small business concerns. Therefore, a Final Regulatory 
Flexibility Analysis was not performed.

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 respectively. The final 
rule affects the certification and information collection requirements 
in the provisions at FAR 52.212-3, 52.225-4, 52.225-6, and 52.225-11.

[[Page 10965]]

List of Subjects in 48 CFR Parts 22, 25, and 52

    Government procurement.

    Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52 
which was published at 72 FR 46357, August 17, 2007, is adopted as a 
final rule without change.

[FR Doc. E8-3386 Filed 2-27-08; 8:45 am]
BILLING CODE 6820-EP-P