[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 68039-68040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27789]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-54; FAR Case 2011-014; Item VIII; Docket 2011-0014, Sequence 
1]
RIN 9000-AM11


Federal Acquisition Regulation; Successor Entities to the 
Netherlands Antilles

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to revise the definitions of 
``Caribbean Basin country'' and ``designated country'' due to the 
change in status of the islands that comprised the Netherlands 
Antilles.

DATES: Effective Date: November 2, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, at (202) 219-0202, for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-54, FAR 
Case 2011-014.

SUPPLEMENTARY INFORMATION: 

I. Background

    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. 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. Additional information about this 
change is available at http://www.state.gov/r/pa/ei/bgn/22528.htm.
    With this change, the definitions have been revised to replace 
``Netherlands Antilles'' with the five separate successor entities--
Bonaire, Curacao, Saba, Sint Eustatius, and Sint Maarten.
    This final rule amends definitions of ``Caribbean Basin country'' 
and ``designated country'' at FAR 25.003, and FAR clauses 52.225-5, 
Trade Agreements; 52.225-11, Buy American Act--Construction Materials 
under Trade Agreements; and 52.225-23, Required Use of American Iron, 
Steel, and Manufactured Goods--Buy American Act--Construction Materials 
Under Trade Agreements.

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 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.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant FAR revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require 
publication for public comment.

IV. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however, these changes to the FAR do not impose additional information 
collection requirements to the paperwork burden previously approved 
under OMB Control Number 9000-0141 titled: Buy American Act--
Construction.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
    Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set 
forth below:

0
1. The authority citation for 48 CFR parts 25 and 52 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 25--FOREIGN ACQUISITION

0
2. Amend section 25.003 by revising the definition ``Caribbean Basin 
country'' and paragraph (4) in the definition ``Designated country'' to 
read as follows:


25.003  Definitions.

* * * * *
    Caribbean Basin country means any of the following countries: 
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.
* * * * *
    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).
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.212-5 by revising the date of the clause and 
paragraph (b)(39) to read as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

[[Page 68040]]

Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items (NOV 2011)

* * * * *
    (b) * * *
    ----(39) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, 
et seq., 19 U.S.C. 3301 note).

0
4. Amend section 52.225-5 by revising the date of the clause; and in 
paragraph (a), by revising paragraph (4) in the definition ``Designated 
country'' to read as follows:


52.225-5  Trade Agreements.

* * * * *

Trade Agreements (NOV 2011)

    (a) Definitions. * * *
* * * * *
    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).
* * * * *

0
5. Amend section 52.225-11 by revising the date of the clause; and in 
paragraph (a), by revising paragraph (4) in the definition ``Designated 
country'' to read as follows:


52.225-11   Buy American Act--Construction Materials under Trade 
Agreements.

* * * * *

Buy American Act--Construction Materials Under Trade Agreements (NOV 
2011)

    (a) Definitions. * * *
* * * * *
    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).
* * * * *

0
6. Amend section 52.225-23 by revising the date of the clause, and 
paragraph (4) in the definition ``Designated country'' to read as 
follows:


52.225-23   Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Act--Construction Materials Under Trade Agreements.

* * * * *

Required Use of American Iron, Steel, and Manufactured Goods--Buy 
American Act--Construction Materials Under Trade Agreements (NOV 2011)

* * * * *
    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. 2011-27789 Filed 11-1-11; 8:45 am]
BILLING CODE 6820-EP-P