[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65220-65221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25730]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AI09


Defense Federal Acquisition Regulation Supplement: New Designated 
Country--Croatia (DFARS Case 2013-D031)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add Croatia as a new 
designated country under the World Trade Organization Government 
Procurement Agreement (WTO GPA). Croatia joined the European Union, 
which is a party to the WTO GPA, on July 1, 2013.

DATES: Effective October 31, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, Defense Acquisition 
Regulations System, OUSD (AT&L)DPAP/DARS, Room 3B855, 3060 Defense 
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6093; facsimile 
571-372-6101.

SUPPLEMENTARY INFORMATION: 

I. Background

    The European Union is a party to the WTO GPA and has assumed rights 
and obligations under the WTO GPA on behalf of its member states. On 
July 1, 2013, Croatia became a member of the European Union. Therefore, 
the European Union has committed to assume rights and obligations on 
behalf of Croatia under the WTO GPA. On June 27, 2012, the WTO 
Committee on Government Procurement accepted the European Union 
notification indicating Croatia's coverage. The United States, which is 
also a party to the WTO GPA, has agreed to waive discriminatory 
purchasing requirements for eligible products and suppliers of Croatia 
(78 FR 60368).
    Therefore, this rule adds Croatia to the list of World Trade 
Organization Government Procurement Agreement countries wherever it 
appears in the DFARS, as part of the definition of ``designated 
country.''

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

[[Page 65221]]

statute which 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 is just updating the lists of designated countries in order 
to reflect the fact that Croatia is now a member of the European Union.

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, 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 Paperwork Reduction Act does apply, because the rule affects 
the response of an offeror that is offering a product of Croatia to the 
information collection requirements in the provisions at DFARS 252.225-
7020, due to the changed definition of ``designated country'' at DFARS 
252.225-7021. The offeror no longer needs to list a product from 
Croatia under ``other end products,'' because Croatia is now a 
designated country. This information collection requirement is 
currently approved under OMB clearances 0704-0229. The impact, however, 
is negligible.

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 continues 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 ``(AUG 2013)'' and adding ``(OCT 2013)'' in 
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i) adding, in alphabetical order, the country of 
``Croatia''.


252.225-7021   [Amended]

0
3. Amend section 252.225-7021 by--
0
a. Removing the clause date ``(AUG 2013)'' and adding ``(OCT 2013)'' in 
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i) adding, in alphabetical order, the country of 
``Croatia''.


252.225-7045   [Amended]

0
4. Amend section 252.225-7045 by--
0
a. Removing the date ``(AUG 2013)'' and adding ``(OCT 2013)'' in its 
place; and
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (1), adding, in alphabetical order, the country of 
``Croatia''.

[FR Doc. 2013-25730 Filed 10-30-13; 8:45 am]
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