[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Pages 73241-73243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23434]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2023-0038]
RIN 0750-AL98


Defense Federal Acquisition Regulation Supplement: New Designated 
Country--North Macedonia (DFARS Case 2024-D001)

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 add North Macedonia as a 
new designated country under the World Trade Organization Government 
Procurement Agreement.

DATES: Effective October 30, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, 703-717-3446.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 7, 2023, the World Trade Organization (WTO) Committee on 
Government Procurement approved the accession of North Macedonia to the 
WTO Government Procurement Agreement (GPA). This final rule amends the 
DFARS to add North Macedonia to the list of World Trade Organization 
(WTO) Government Procurement Agreement (GPA) countries wherever it 
appears in the DFARS, as part of the definition of ``designated 
country''.
    The Trade Agreements Act (19 U.S.C. 2501 et seq.) provides the 
authority for the President to waive the Buy

[[Page 73242]]

American statute and other discriminatory provisions for eligible 
products from countries that have signed an international trade 
agreement with the United States (such as the WTO GPA). The President 
has delegated this authority to the U.S. Trade Representative.
    The U.S. Trade Representative has determined that North Macedonia 
will provide appropriate reciprocal competitive Government procurement 
opportunities to United States products and services, because North 
Macedonia is a party to the WTO GPA. The U.S. Trade Representative 
published a notice in the Federal Register waiving the Buy American 
statute and other discriminatory provisions for eligible products from 
North Macedonia at 88 FR 68905 on October 4, 2023. The United States, 
which also is a party to the GPA, has agreed to waive discriminatory 
purchasing requirements for eligible products and suppliers of North 
Macedonia beginning on October 30, 2023, the date on which the WTO GPA 
will enter into force for North Macedonia.

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

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed 
Regulations. Subsection (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 amends the DFARS definition of ``designated country'' 
to reflect that North Macedonia is now a party to the WTO GPA, without 
significant effect beyond the internal operating procedures of the 
Government.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Products (Including Commercially 
Available Off-the-Shelf (COTS) Items), or for Commercial Services

    This final rule amends the clauses at DFARS 252.225-7017, 
Photovoltaic Device; 252.225-7021, Trade Agreements; and 252.225-7045, 
Balance of Payments Program--Construction Material Under Trade 
Agreements. However, this final rule does not impose any new 
requirements on contracts at or below the SAT, for commercial products 
including COTS items, or for commercial services. This final rule does 
not change the applicability of the clauses to acquisitions at or below 
the SAT, to acquisitions of commercial products including COTS items, 
or to acquisitions of commercial services.

IV. 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, as amended.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
a major rule as defined by 5 U.S.C. 804.

VI. 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.

VII. Paperwork Reduction Act

    This final rule affects the information collection requirements in 
the provisions at DFARS 252.225-7018, Photovoltaic Devices-Certificate; 
and 252.225-7020, Trade Agreements Certificate, currently approved 
under OMB Control Number 0704-0229, entitled DFARS Part 225, Foreign 
Acquisition, and associated clauses, in accordance with the Paperwork 
Reduction Act (44 U.S.C. chapter 35). DFARS provisions 252.225-7018 and 
252.225-7020 rely on the definition of ``designated country'' in DFARS 
clauses 252.225-7017 and 252.225-7021, which now includes North 
Macedonia. The impact of this rule, however, is negligible, because the 
addition of North Macedonia to the definition of ``designated country'' 
merely provides another possible source of the items covered by these 
provisions and clauses.

List of Subjects in 48 CFR Part 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, 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--
0
a. By removing the clause date of ``(DEC 2022)'' and adding ``(OCT 
2023)'' in its place; and
0
b. In paragraph (a) of the clause, in the definition of ``Designated 
country'' in paragraph (1), by adding, in alphabetical order, the 
country of ``North Macedonia''.


252.225-7021  [Amended]

0
3. Amend section 252.225-7021--
0
a. In the basic clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT 
2023)'' in its place;
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (1), by adding, in alphabetical order, the country of ``North 
Macedonia'';
0
b. In the Alternate II clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT 
2023)'' in its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (1), by adding, in alphabetical order, the country of ``North 
Macedonia''.


252.225-7045  [Amended]

0
4. Amend section 252.225-7045--
0
a. In the basic clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT 
2023)'' in its place;

[[Page 73243]]

0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (1), by adding, in alphabetical order, the country of ``North 
Macedonia'';
0
b. In the Alternate I clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT 
2023)'' in its place;
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (1), by adding, in alphabetical order, the country of ``North 
Macedonia'';
0
c. In the Alternate II clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT 
2023)'' in its place;
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (1), by adding, in alphabetical order, the country of ``North 
Macedonia''; and
0
d. In the Alternate III clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT 
2023)'' in its place;
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (1), by adding, in alphabetical order, the country of ``North 
Macedonia''.

[FR Doc. 2023-23434 Filed 10-24-23; 8:45 am]
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