[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70913-70914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27781]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AG08


Defense Federal Acquisition Regulation Supplement; Least 
Developed Countries That Are Designated Countries DFARS Case 2008-D019

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update the list of ``least 
developed'' countries that are designated as eligible countries under 
the Trade Agreements Act, in accordance with direction from the United 
States Trade Representative.

DATES: Effective Date: November 24, 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 
703-602-7887. Please cite DFARS Case 2008-D019.

SUPPLEMENTARY INFORMATION: 

A. Background

    The United States Trade Representative has revised the list of 
``least developed'' countries that are designated as eligible countries 
under the Trade Agreements Act (19 U.S.C. 2501, et seq.), to add 
Liberia and to remove Cape Verde. This final rule makes corresponding 
changes to the list of designated countries in the clauses at DFARS 
252.225-7021, Trade Agreements, and 252.225-7045, Balance of Payments 
Program--Construction Material Under Trade Agreements.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    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 DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2008-D019.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 252 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


252.212-7001   [Amended]

0
2. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(NOV 2008)''; and
0
b. In paragraph (b)(9) by removing ``(MAR 2007)'' and adding in its 
place ``(NOV 2008)''.

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3. Section 252.225-7021 is amended by revising the clause date and 
paragraph (a)(3)(iii) to read as follows:


252.225-7021  Trade Agreements.

* * * * *

TRADE AGREEMENTS (NOV 2008)

    (a) * * *
    (3) * * *
    (iii) A least developed country (Afghanistan, Angola, 
Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central 
African Republic, Chad, Comoros, Democratic Republic of Congo, 
Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, 
Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, 
Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, 
Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, 
Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, 
Yemen, or Zambia); or
* * * * *


0
4. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date; and
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b. In paragraph (a), in the definition of ``Designated country'', by 
revising paragraph (3) to read as follows:


252.225-7045  Balance of Payments Program--Construction Material Under 
Trade Agreements.

* * * * *

BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE 
AGREEMENTS (NOV 2008)

    (a) * * *
    Designated country means--
* * * * *
    (3) A least developed country (Afghanistan, Angola, Bangladesh, 
Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African 
Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, 
East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, 
Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, 
Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, 
Rwanda, Samoa, Sao Tome and

[[Page 70914]]

Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, 
Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
* * * * *
[FR Doc. E8-27781 Filed 11-21-08; 8:45 am]
BILLING CODE 5001-08-P