[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48333-48334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18968]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AI00


Defense Federal Acquisition Regulation Supplement: Least 
Developed Countries That Are Designated Countries (DFARS Case 2013-
D019)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) 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: August 8, 2013.

FOR FURTHER INFORMATION CONTACT: Amy G. Williams, telephone 571-372-
6106.

SUPPLEMENTARY INFORMATION:

[[Page 48334]]

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 United States Trade Representative (USTR). The USTR 
selects the countries for such designation from the United Nations (UN) 
Least Developed Countries List. The USTR consults with other Government 
agencies on trade policy matters through the Trade Policy Review Group 
and the Trade Policy Staff Committee. These changes are necessary to 
reflect the UN General Assembly's current list of least developed 
countries. Based on changes to the UN Least Developed Countries List 
and the approval of the Trade Policy Staff Committee, 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 changed name 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'' 
in various DFARS clauses (DFARS 252.225-7017, Photovoltaic Devices; 
DFARS 252.225-7021, Trade Agreements; and DFARS 252.225-7045, Balance 
of Payments Program--Construction Material Under Trade Agreements).

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 Federal Acquisition 
Regulation. 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. Addition of South Sudan and removal of 
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.

III. 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, it 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 DFARS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require 
publication for public comment.

V. Paperwork Reduction Act

    The 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 Part 252

    Government procurement.

Manuel Quinones,
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 continue to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


252.225-7017  [Amended]

0
2. Amend section 252.225-7017 by--
0
a. Removing the clause date ``(DEC 2012)'' and adding ``(AUG 2013)'' in 
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (iii), removing the countries of ``East Timor'' and 
``Maldives'' and adding, in alphabetical order, the countries of 
``South Sudan'' and ``Timor-Leste''.


252.225-7021   [Amended]

0
3. Amend section 252.225-7021 by--
0
a. Removing the clause date ``(DEC 2012)'' and adding ``(AUG 2013)'' in 
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (iii), removing the countries of ``East Timor'' and 
``Maldives'' and adding, in alphabetical order, the countries of 
``South Sudan'' and ``Timor-Leste''.


252.225-7045   [Amended]

0
4. Amend section 252.225-7045 by--
0
a. Removing the clause date ``(NOV 2012)'' and adding ``(AUG 2013)'' in 
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (3), removing the countries of ``East Timor'' and 
``Maldives'' and adding, in alphabetical order, the countries of 
``South Sudan'' and ``Timor-Leste''.
[FR Doc. 2013-18968 Filed 8-7-13; 8:45 am]
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