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)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 210 (October 30, 2015)
| Page Range | 67252-67253 | |
| FR Document | 2015-27467 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6820-ep-P
![67252 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations
‘‘239.7305(a), (b), or (c)’’ in its place; regarding supply chain risk (see subpart clauses. This rule implements the
and 239.73). For additional guidance see PGI Department of State Public Notice: 9162,
■ b. In paragraph (c)(2)(ii) and (iii) 244.201–1. Rescission of Determination Regarding
removing ‘‘paragraph (a)’’ and adding Cuba, announcing removal of Cuba from
‘‘paragraph (a) of this section’’ in both PART 252—SOLICITATION the U.S. list of state sponsors of
places. PROVISIONS AND CONTRACT terrorism, effective May 29, 2015. This
■ 15. Amend section 239.7305 by— CLAUSES action was based upon the Presidential
■ a. Revising the introductory text; and 252.239–7018 [Amended] Report of April 14, 2015, to Congress,
■ b. Revising paragraph (d)(2)(i). indicating the Administration’s intent to
The revisions read as follows: ■ 18. Amend section 252.239–7018 by— rescind the designation of Cuba as a
■ a. Removing the clause date ‘‘(NOV state sponsor of terrorism, including the
239.7305 Exclusion and limitation on 2013)’’ and adding ‘‘(OCT 2015)’’ in its
disclosure.
certification that Cuba has not provided
place; any support for international terrorism
Subject to 239.7304, the individuals ■ b. Amending paragraph (b) by during the previous six months, and
authorized in 239.7303 may, in the removing ‘‘shall maintain controls’’ and that Cuba has provided assurance that it
course of procuring information adding ‘‘shall mitigate supply chain will not support acts of international
technology, whether as a service or as a risk’’ in its place, and removing the terrorism in the future.
supply, that is a covered system, is a phrase ‘‘to minimize supply chain risk’’
part of a covered system, or is in before the period; and II. Publication of This Final Rule for
support of a covered system— ■ c. Removing paragraph (e). Public Comment is Not Required by
* * * * * [FR Doc. 2015–27463 Filed 10–29–15; 8:45 am] Statute
(d) * * * BILLING CODE 5001–06–P
(2) * * * The statute that applies to the
(i) Notify appropriate parties of action publication of the Federal Acquisition
taken under paragraphs (a) through (d) DEPARTMENT OF DEFENSE Regulation (FAR) is 41 U.S.C. 1707,
of this section and the basis for such Publication of Proposed Regulations.
action only to the extent necessary to Defense Acquisition Regulations Paragraph (a)(1) of the statute requires
effectuate the action; System that a procurement policy, regulation,
procedure or form (including an
* * * * *
48 CFR Part 252 amendment or modification thereof)
■ 16. Revise section 239.7306 to read as
must be published for public comment
follows: RIN 0750–AI67 if it has either a significant effect
239.7306 Solicitation provision and Defense Federal Acquisition beyond the internal operating
contract clause. Regulation Supplement: Removal of procedures of the agency issuing the
(a) Insert the provision at 252.239– Cuba From the List of State Sponsors policy, regulation, procedure or form, or
7017, Notice of Supply Chain Risk, in of Terrorism (DFARS 2015–D032) has a significant cost or administrative
solicitations, including solicitations impact on contractors or offerors. This
using FAR part 12 procedures for the AGENCY: Defense Acquisition final rule is not required to be published
acquisition of commercial items, for Regulations System, Department of for public comment, because it is only
information technology, whether Defense (DoD). implementing the Department of State
acquired as a service or as a supply, that ACTION: Final rule. Public Notice: 9162, Rescission of
is a covered system, is a part of a Determination Regarding Cuba,
covered system, or is in support of a SUMMARY: DoD is issuing a final rule announced on June 4, 2015, and, as
covered system, as defined at 239.7301. amending the Defense Federal such, the rule does not have a
(b) Insert the clause at 252.239–7018, Acquisition Regulation Supplement significant cost or administrative impact
Supply Chain Risk, in solicitations and (DFARS) to remove Cuba from the on contractors or offerors.
contracts, including solicitations and definition of ‘‘state sponsor of
terrorism’’ in two DFARS clauses. This III. Executive Orders 12866 and 13563
contracts using FAR part 12 procedures
for the acquisition of commercial items, rule implements the Department of
Executive Orders (E.O.s) 12866 and
for information technology, whether Department of State Public Notice: 9162,
13563 direct agencies to assess all costs
acquired as a service or as a supply, that Rescission of Determination Regarding
and benefits of available regulatory
is a covered system, is a part of a Cuba.
alternatives and, if regulation is
covered system, or is in support of a DATES: Effective October 30, 2015. necessary, to select regulatory
covered system, as defined at 239.7301. FOR FURTHER INFORMATION CONTACT:Ms. approaches that maximize net benefits
Kyoung Lee, telephone 571–372–6093. (including potential economic,
PART 244—SUBCONTRACTING environmental, public health and safety
POLICIES AND PROCEDURES SUPPLEMENTARY INFORMATION:
effects, distributive impacts, and
I. Background equity). E.O. 13563 emphasizes the
■ 17. Revise section 244.201–1 to read
as follows: This final rule amends DFARS clause importance of quantifying both costs
252.225–7049, Prohibition on and benefits, of reducing costs, of
244.201–1 Consent requirements. Acquisition of Commercial Satellite harmonizing rules, and of promoting
In solicitations and contracts for Services from Certain Foreign Entities— flexibility. This is not a significant
tkelley on DSK3SPTVN1PROD with RULES5
information technology, whether Representations, and clause 252.225– regulatory action and, therefore, was not
acquired as a service or as a supply, that 7050, Disclosure of Ownership or subject to review under section 6(b) of
is a covered system or covered item of Control by the Government of a Country E.O. 12866, Regulatory Planning and
supply as those terms are defined at that is a State Sponsor of Terrorism, by Review, dated September 30, 1993. This
239.7301, consider the need for a removing Cuba from the definition of rule is not a major rule under 5 U.S.C.
consent to subcontract requirement ‘‘state sponsor of terrorism’’ in these 804.
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![Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations 67253
IV. Regulatory Flexibility Act DEPARTMENT OF DEFENSE Representative has determined that New
Zealand will provide appropriate
The Regulatory Flexibility Act does Defense Acquisition Regulations reciprocal competitive Government
not apply to this rule because this final System procurement opportunities to United
rule does not constitute a significant States products and services, the U.S.
DFARS revision within the meaning of 48 CFR Part 252 Trade Representative published a notice
FAR 1.501–1, and 41 U.S.C. 1707 does on August 12, 2015, in the Federal
[Docket DARS–2015–0049]
not require publication for public Register (80 FR 48386) waiving the Buy
comment. RIN 0750–AI71
American Act and other discriminatory
V. Paperwork Reduction Act Defense Federal Acquisition provisions for eligible products from
Regulation Supplement: New New Zealand.
The rule does not contain any Designated Countries—Montenegro FAR 25.003 defines WTO GPA
information collection requirements that and New Zealand (DFARS Case 2015– countries by listing the parties to the
require the approval of the Office of D033) WTO GPA, and defines ‘‘designated
Management and Budget under the country’’ as a WTO GPA country, a Free
Paperwork Reduction Act (44 U.S.C. AGENCY: Defense Acquisition
Regulations System, Department of Trade Agreement country, a least
chapter 35). developed country, or a Caribbean Basin
Defense (DoD).
List of Subjects in 48 CFR Part 252 ACTION: Final rule.
country. Montenegro and New Zealand
are now WTO GPA countries and are
Government procurement. SUMMARY: DoD is issuing a final rule designated countries, as determined by
amending the Defense Federal the U.S. Trade Representative; therefore,
Jennifer L. Hawes,
Acquisition Regulation Supplement this rule adds Montenegro and New
Editor, Defense Acquisition Regulations (DFARS) to add Montenegro and New Zealand to the list of WTO GPA
System.
Zealand as newly designated countries countries within the definition of
Therefore, 48 CFR part 252 is under the World Trade Organization ‘‘designated country’’ at DFARS
amended as follows: Government Procurement Agreement. 252.225–7017, Photovoltaic Devices;
DATES: Effective October 30, 2015. 252.225–7021, Trade Agreements—
PART 252—SOLICITATION FOR FURTHER INFORMATION CONTACT: Ms. Basic, and 252.225–7021 Trade
PROVISIONS AND CONTRACT Tresa Sullivan, telephone 571–372– Agreements—Alternate II; and 252.225–
CLAUSES 6089. 7045, Balance of Payments Program—
SUPPLEMENTARY INFORMATION: Construction Material Under Trade
■ 1. The authority citation for 48 CFR Agreements—Basic, and 252.225–7045,
part 252 continues to read as follows: I. Background Balance of Payments Program—
Authority: 41 U.S.C. 1303 and 48 CFR On July 15, 2015, Montenegro became Construction Material Under Trade
chapter 1. a party to the World Trade Organization Agreements—Alternates I, II, and III.
Government Procurement Agreement
252.225–7049 [Amended] (WTO GPA). New Zealand became party II. Publication of this Final Rule for
to the WTO GPA on August 12, 2015. Public Comment is Not Required by
■ 2. Amend section 252.225–7049 by— Statute
The Trade Agreements Act (19 U.S.C.
■ a. Removing the clause date ‘‘(DEC 2501 et seq.) provides the authority for The statute that applies to the
2014)’’ and adding ‘‘(OCT 2015)’’ in its the President to waive the Buy publication of the FAR is 41 U.S.C.
place; and American Act and other discriminatory 1707, Publication of Proposed
■ b. In the paragraph (a), in the provisions for eligible products from Regulations. Paragraph (a)(1) of the
definition of ‘‘State sponsor of countries that have signed an statute requires that a procurement
terrorism’’ removing ‘‘Cuba,’’. international trade agreement with the
policy, regulation, procedure or form
United States (such as the WTO GPA).
(including an amendment or
252.225–7050 [Amended] The President has delegated this waiver
modification thereof) must be published
authority to the U.S. Trade
■ 3. Amend section 252.225–7050 by— for public comment if it has either a
Representative (see Federal Acquisition
significant effect beyond the internal
■ a. Removing the clause date ‘‘(DEC Regulation (FAR) 25.402).
Effective July 15, 2015, because operating procedures of the agency
2014)’’ and adding ‘‘(OCT 2015)’’ in its
Montenegro became a party to the WTO issuing the policy, regulation, procedure
place; and
GPA and because the U.S. Trade or form, or has a significant cost or
■ b. In the paragraph (a), in the administrative impact on contractors or
Representative has determined that
definition of ‘‘State sponsor of offerors. This final rule is not required
Montenegro will provide appropriate
terrorism’’ removing ‘‘Cuba,’’. to be published for public comment,
reciprocal competitive Government
[FR Doc. 2015–27467 Filed 10–29–15; 8:45 am] procurement opportunities to United because it is informative only. Under
BILLING CODE 6820–ep–P States products and services, the U.S. the rule, Montenegro and New Zealand
Trade Representative published a notice are now WTO GPA countries and will
on July 10, 2015, in the Federal Register provide appropriate reciprocal
(80 FR 39829) waiving the Buy competitive procurement opportunities
tkelley on DSK3SPTVN1PROD with RULES5
American Act and other discriminatory to United States products and services
provisions for eligible products from and suppliers of such products and
Montenegro. services. As such, the rule is not
Effective August 12, 2015, New expected to have a significant cost or
Zealand became party to the WTO GPA, administrative impact on contractors or
and because the U.S. Trade offerors.
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Document Created: 2015-12-14 15:30:02
Document Modified: 2015-12-14 15:30:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective October 30, 2015. | |
| Contact | Ms. Kyoung Lee, telephone 571-372- 6093. | |
| FR Citation | 80 FR 67252 | |
| RIN Number | 0750-AI67 |
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