[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46792-46794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18463]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-69; FAR Case 2013-009; Item V; Docket 2013-0009, Sequence 1]
RIN 9000-AM62


Federal Acquisition Regulation; Least Developed Countries That 
Are Designated Countries

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

[[Page 46793]]


ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a revision by the 
United States Trade Representative (USTR) to the list of least 
developed countries that are designated countries under the Trade 
Agreements Act of 1979.

DATES: Effective: September 3, 2013.

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 2005-69, FAR Case 2013-
009.

SUPPLEMENTARY INFORMATION:

I. Background

    19 U.S.C. 2511(b)(4) allows the President to designate least 
developed countries as eligible countries under the Trade Agreements 
Act of 1979, allowing non-discriminatory treatment of the products of 
such countries in acquisitions subject to the World Trade Organization 
Government Procurement Agreement. This statutory authority has been 
delegated to the USTR. The USTR selects the countries for such 
designation from the United Nations (UN) Least Developed Countries 
List. USTR consults with other government agencies on trade policy 
matters through the Trade Policy Review Group (TPRG) and the Trade 
Policy Staff Committee (TPSC). These changes are necessary to reflect 
the current UN Least Developed Countries List. Based on TPSC's approval 
on February 13, 2013, to incorporate the changes to the UN Least 
Developed Countries List, the USTR has revised the list of least 
developed countries that are designated as eligible countries as 
follows:
     Changed the name of East Timor to Timor-Leste, reflecting 
the change on the UN list.
     Removed the Maldives, which is no longer a least developed 
country.
     Added South Sudan, which seceded from Sudan to form an 
independent state on July 9, 2011, and was formally recognized as a 
least developed country by the UN in December 2012. Although the United 
States continues to impose sanctions against Sudan, South Sudan is not 
subject to sanctions.
    This final rule revises the definitions of ``designated country'' 
and ``least developed country'' at various locations throughout the FAR 
(FAR 25.003, Definitions; FAR 52.225-5, Trade Agreements; FAR 52.225-
11, Buy American Act--Construction Materials under Trade Agreements; 
and FAR 52.225-23, Required Use of American Iron, Steel, and 
Manufactured Goods--Buy American Act--Construction Materials Under 
Trade Agreements) and makes a conforming change to FAR 52.212-5, 
Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations,'' 41 U.S.C. 1707, is the 
statute that applies to the publication of the FAR. Paragraph (a)(1) of 
the statute requires that a procurement policy, regulation, procedure 
or form (including an amendment or modification thereof) must be 
published for public comment if it relates to the expenditure of 
appropriated funds, and has either a significant effect beyond the 
internal operating procedures of the agency issuing the policy, 
regulation, procedure or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because it only 
revises the list of least developed countries that the USTR has 
designated as eligible for non-discriminatory treatment under the Trade 
Agreements Act. The addition of South Sudan and removal of the Maldives 
will have no significant effect beyond the internal operating 
procedures of the Government or a significant cost or administrative 
impact on contractors or offerors, because the trade of all 49 least 
developed countries combined accounts for less than 1 percent of the 
global trade according to United Nations data. Individual least 
developed countries generate an average of less than .02 percent of the 
global trade. Since we are adding one least developed country and 
removing one, the net effect is negligible.

III. Executive Orders 12866 and 13563

    Executive Orders 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.

IV. Regulatory Flexibility Act

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

V. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: July 26, 2013.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Government-wide 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 51 
U.S.C. 20113.

PART 25--FOREIGN ACQUISITION


25.003  [Amended]

0
2. Amend section 25.003 by--
0
a. Removing from the definition ``Designated country'' in paragraph (3) 
``East Timor,'' and ``Maldives,'' and adding, in alphabetical order, 
``South Sudan,'' and ``Timor-Leste,''; and
0
b. Removing from the definition ``Least developed country'' the words 
``East Timor,'' and ``Maldives,'' and adding, in alphabetical order, 
``South Sudan,'' and ``Timor-Leste,''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.212-5 by revising the date of the clause and 
paragraph (b)(41) to read as follows:


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

* * * * *

[[Page 46794]]

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (SEP 2013)

* * * * *
    (b) * * *
    ---- (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et 
seq., 19 U.S.C. 3301 note).
* * * * *

0
4. Amend section 52.225-5 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) in the definition ``Designated country'' 
in paragraph (3) ``East Timor,'' and ``Maldives,'' and adding, in 
alphabetical order, ``South Sudan,'' and ``Timor-Leste,''.
    The revision reads as follows:


52.225-5  Trade Agreements.

* * * * *

Trade Agreements (SEP 2013)

* * * * *

0
5. Amend section 52.225-11 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) in the definition ``Designated country'' 
in paragraph (3) ``East Timor,'' and ``Maldives,'' and adding, in 
alphabetical order, ``South Sudan,'' and ``Timor-Leste,''.
    The revision reads as follows:


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

* * * * *

Buy American Act--Construction Materials Under Trade Agreements (SEP 
2013)

* * * * *

0
6. Amend section 52.225-23 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) in the definition ``Designated country'' 
in paragraph (3) ``East Timor,'' and ``Maldives,'' and adding, in 
alphabetical order, ``South Sudan,'' and ``Timor-Leste,''; and
0
c. Removing from paragraph (a) in the definition ``Recovery Act 
designated country'' in paragraph (3) ``East Timor,'' and ``Maldives,'' 
and adding, in alphabetical order, ``South Sudan,'' and ``Timor-
Leste,''.
    The revision reads 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. (SEP 2013)

* * * * *
[FR Doc. 2013-18463 Filed 7-31-13; 8:45 am]
BILLING CODE 6820-EP-P