80 FR 67252 - Defense Federal Acquisition Regulation Supplement: Removal of Cuba From the List of State Sponsors of Terrorism (DFARS 2015-D032)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 210 (October 30, 2015)

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove Cuba from the definition of ``state sponsor of terrorism'' in two DFARS clauses. This rule implements the Department of Department of State Public Notice: 9162, Rescission of Determination Regarding Cuba.

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 67252-67253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27467]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AI67


Defense Federal Acquisition Regulation Supplement: Removal of 
Cuba From the List of State Sponsors of Terrorism (DFARS 2015-D032)

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 remove Cuba from the 
definition of ``state sponsor of terrorism'' in two DFARS clauses. This 
rule implements the Department of Department of State Public Notice: 
9162, Rescission of Determination Regarding Cuba.

DATES: Effective October 30, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Kyoung Lee, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule amends DFARS clause 252.225-7049, Prohibition on 
Acquisition of Commercial Satellite Services from Certain Foreign 
Entities--Representations, and clause 252.225-7050, Disclosure of 
Ownership or Control by the Government of a Country that is a State 
Sponsor of Terrorism, by removing Cuba from the definition of ``state 
sponsor of terrorism'' in these clauses. This rule implements the 
Department of State Public Notice: 9162, Rescission of Determination 
Regarding Cuba, announcing removal of Cuba from the U.S. list of state 
sponsors of terrorism, effective May 29, 2015. This action was based 
upon the Presidential Report of April 14, 2015, to Congress, indicating 
the Administration's intent to rescind the designation of Cuba as a 
state sponsor of terrorism, including the certification that Cuba has 
not provided any support for international terrorism during the 
previous six months, and that Cuba has provided assurance that it will 
not support acts of international terrorism in the future.

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. 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 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 only implementing the Department of State Public 
Notice: 9162, Rescission of Determination Regarding Cuba, announced on 
June 4, 2015, and, as such, the rule does not have 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, 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.

[[Page 67253]]

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.

Jennifer L. Hawes,
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.


252.225-7049  [Amended]

0
2. Amend section 252.225-7049 by--
0
a. Removing the clause date ``(DEC 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In the paragraph (a), in the definition of ``State sponsor of 
terrorism'' removing ``Cuba,''.


252.225-7050  [Amended]

0
3. Amend section 252.225-7050 by--
0
a. Removing the clause date ``(DEC 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In the paragraph (a), in the definition of ``State sponsor of 
terrorism'' removing ``Cuba,''.

[FR Doc. 2015-27467 Filed 10-29-15; 8:45 am]
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