[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Page 38053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16373]



[[Page 38053]]

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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.

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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

0
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]

0
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)''.


0
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).
* * * * *

0
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]
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