[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70480-70481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28054]



[[Page 70480]]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25, and 52

[FAC 2005-71; FAR Case 2013-019; Item II; Docket No. 2013-0019, 
Sequence No. 1]
RIN 9000-AM66


Federal Acquisition Regulation; New Designated Country--Croatia

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to add Croatia as a new designated 
country under the World Trade Organization Government Procurement 
Agreement (WTO GPA). On July 1, 2013, Croatia joined the European 
Union, which is a party to the WTO GPA.

DATES: Effective: November 25, 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 2005-71, FAR Case 2013-
019.

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, 2013, the WTO 
Committee on Government Procurement approved the application of the WTO 
GPA to Croatia. The United States, which is also a party to the WTO 
GPA, has agreed to waive discriminatory purchasing requirements for 
eligible products and supplies of Croatia (see 78 FR 60368, dated 
October 1, 2013).
    Therefore, this rule adds Croatia to the list of WTO GPA countries 
wherever it appears in the FAR, whether as a separate definition, as 
part of the definition of ``designated country'' or ``Recovery Act 
designated country'', or as part of the list of countries exempt from 
the prohibition of acquisition of products produced by forced or 
indentured child labor (FAR 22.1503, 25.003, 52.222-19, 52.225-5, 
52.225-11, and 52.225-23).
    Likewise, as a member of the European Union, Croatia also is a 
party to the Agreement on Trade in Civil Aircraft (FAR 25.407 and 
52.225-7).
    Conforming changes were required to FAR 52.212-5, Contract Terms 
and Conditions Required to Implement Statute or Executive Orders--
Commercial Items, and 52.213-4, Terms and Conditions--Simplified 
Acquisitions (Other Than 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 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 and 
countries that are party to the Agreement on Trade in Civil Aircraft, 
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 FAR revision 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 FAR 52.212-
3(g)(5), 52.225-6, 52.225-11, and 52.225-23. The offeror no longer 
needs to list a product from Croatia under ``other end products'', 
because Croatia is now a designated country. These information 
collection requirements are currently approved under OMB Control 
Numbers 9000-0136: Commercial Item Acquisitions, 9000-0025: Buy 
American Act, Trade Agreements Act Certificate, and 9000-0141: Buy 
American--Construction, respectively. The impact, however, is 
negligible.

List of Subjects in 48 CFR Parts 22, 25, and 52

    Government procurement.

    Dated: November 18, 2013.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-Wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 22, 25, and 52 as 
set forth below:

0
1. The authority citation for 48 CFR parts 22, 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 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1503  [Amended]

0
2. Amend section 22.1503 by removing from paragraph (b)(4) ``Bulgaria, 
Cyprus'' and adding ``Bulgaria, Croatia, Cyprus'' in its place.

PART 25--FOREIGN ACQUISITION


25.003  [Amended]

0
3. Amend section 25.003 by--
0
a. Removing from the definition ``Designated country'', in paragraph 
(1), ``Canada, Cyprus'' and adding, ``Canada, Croatia, Cyprus'' in its 
place; and
0
b. Removing from the definition ``World Trade Organization Government 
Procurement Agreement (WTO GPA)

[[Page 70481]]

country'', ``Canada, Cyprus'' and adding ``Canada, Croatia, Cyprus'' in 
its place.

Subpart 25.4--Trade Agreements


25.407  [Amended]

0
4. Amend section 25.407 by removing ``Canada, Cyprus'' and adding 
``Canada, Croatia, Cyprus'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend section 52.212-5 by revising the date of the clause and 
paragraphs (b)(27) and (b)(41) to read as follows:


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

* * * * *

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

* * * * *
    (b) * * *
    --------(27) 52.222-19, Child Labor--Cooperation with 
Authorities and Remedies (NOV 2013) (E.O. 13126).
* * * * *
    --------(41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 
2501, et seq., 19 U.S.C. 3301 note).
* * * * *
0
6. Amend section 52.213-4 by revising the date of the clause and 
paragraph (b)(1)(ii) to read as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Items) (NOV 2013)

* * * * *
    (b) * * *
    (1) * * *
    (ii) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies (NOV 2013) (E.O. 13126). (Applies to contracts for supplies 
exceeding the micro-purchase threshold.)
* * * * *

0
7. Amend section 52.222-19 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(4) ``Bulgaria, Cyprus'' and adding 
``Bulgaria, Croatia, Cyprus'' in its place.
    The revision reads as follows:


52.222-19  Child Labor--Cooperation with Authorities and Remedies.

* * * * *

Child Labor--Cooperation With Authorities and Remedies (NOV 2013)

* * * * *

0
8. Amend section 52.225-5:
0
a. By revising the date of the clause; and
0
b. In paragraph (a), in paragraph (1) of the definition of ``Designated 
country'', by removing ``Canada, Cyprus'' and adding ``Canada, Croatia, 
Cyprus'' in its place.
    The revisions reads as follows:


52.225-5  Trade Agreements.

* * * * *

Trade Agreements (NOV 2013)

* * * * *
0
9. Amend section 52.225-7 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (b) ``Canada, Cyprus'' and adding ``Canada, 
Croatia, Cyprus'' in its place.
    The revised text reads as follows:


52.225-7  Waiver of Buy American Act for Civil Aircraft and Related 
Articles.

* * * * *

Waiver of Buy American Act for Civil Aircraft and Related Articles (NOV 
2013)

* * * * *

0
10. Amend section 52.225-11:
0
a. By revising the date of the clause; and
0
b. In paragraph (a), in paragraph (1) of the definition of ``Designated 
country'', by removing ``Canada, Cyprus'' and adding ``Canada, Croatia, 
Cyprus'' in its place.
    The revision reads as follows:


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

* * * * *

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

* * * * *

0
11. Amend section 52.225-23:
0
a. By revising the date of the clause;
0
b. In paragraph (a), in paragraph (1) of the definition of ``Designated 
country'', by removing ``Canada, Cyprus'' and adding ``Canada, Croatia, 
Cyprus'' in its place; and
0
c. By removing from paragraph (a), in paragraph (1) of the definition 
of ``Recovery Act designated country'', ``Canada, Cyprus'' and adding, 
``Canada, Croatia, Cyprus'' in its place.
    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 (NOV 2013)

* * * * *
[FR Doc. 2013-28054 Filed 11-22-13; 8:45 am]
BILLING CODE 6820-EP-P