[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Rules and Regulations]
[Page 18877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07108]



[[Page 18877]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AH72


Defense Federal Acquisition Regulation Supplement: New Free Trade 
Agreement With Colombia (DFARS Case 2012-D032)

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

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement the United States-Colombia Trade Promotion Agreement. This 
Trade Promotion Agreement is a free trade agreement that provides for 
mutually non-discriminatory treatment of eligible products and services 
from Colombia.

DATES: Effective date: March 28, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Telephone 571-372-
6106.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published an interim rule in the Federal Register at 77 FR 
31536 on May 29, 2012, to implement the United States-Colombia Trade 
Promotion Agreement Implementation Act (Pub. L. 112-42) (19 U.S.C. 3805 
note).
    No public comments were received. Therefore, DoD is adopting the 
interim rule as final, without change.

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

    DoD certifies 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 now opens up Government procurement to the goods and 
services of Colombia at or above the threshold of $77,494.00, DoD does 
not anticipate any significant economic impact on U.S. small 
businesses. DoD only applies the trade agreements to the non-defense 
items listed at DFARS 225.401-70, and acquisitions that are set aside 
or provide other forms of preference for small businesses are exempt. 
FAR 19.502-2 states that acquisitions that do not exceed $150,000 (with 
some exceptions) are automatically reserved exclusively for small 
business concerns.

IV. Paperwork Reduction Act

    This rule affects the certification and information collection 
requirements in the provision 252.225-7035, currently approved under 
OMB Control Number 0704-0229, titled Defense Federal Acquisition 
Regulation Supplement Part 225, Foreign Acquisition, and related 
clauses, in accordance with the Paperwork Reduction Act (44 U.S.C. 
chapter 35). OMB Control Number 0704-0229 assessed the total burden 
related to part 225 at approximately 57,230 hours. The impact, however, 
is negligible, because it is just a question of under which category 
offered goods from Colombia would be listed.

List of Subjects in 48 CFR Part 252

    Government procurement.

Kortnee Stewart,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR part 252, which was 
published at 77 FR 31536 on May 29, 2012, is adopted as a final rule 
without change.
[FR Doc. 2013-07108 Filed 3-27-13; 8:45 am]
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