80 FR 67253 - Defense Federal Acquisition Regulation Supplement: New Designated Countries-Montenegro and New Zealand (DFARS Case 2015-D033)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

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

Page Range		67253-67254
FR Document		2015-27471

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Montenegro and New Zealand as newly designated countries under the World Trade Organization Government Procurement Agreement.

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

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 67253-67254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27471]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2015-0049]
RIN 0750-AI71


Defense Federal Acquisition Regulation Supplement: New Designated 
Countries--Montenegro and New Zealand (DFARS Case 2015-D033)

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 add Montenegro and New 
Zealand as newly designated countries under the World Trade 
Organization Government Procurement Agreement.

DATES: Effective October 30, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571-372-
6089.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 15, 2015, Montenegro became a party to the World Trade 
Organization Government Procurement Agreement (WTO GPA). New Zealand 
became party to the WTO GPA on August 12, 2015. The Trade Agreements 
Act (19 U.S.C. 2501 et seq.) provides the authority for the President 
to waive the Buy American Act 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 waiver authority to the U.S. Trade 
Representative (see Federal Acquisition Regulation (FAR) 25.402).
    Effective July 15, 2015, because Montenegro became a party to the 
WTO GPA and because the U.S. Trade Representative has determined that 
Montenegro will provide appropriate reciprocal competitive Government 
procurement opportunities to United States products and services, the 
U.S. Trade Representative published a notice on July 10, 2015, in the 
Federal Register (80 FR 39829) waiving the Buy American Act and other 
discriminatory provisions for eligible products from Montenegro.
    Effective August 12, 2015, New Zealand became party to the WTO GPA, 
and because the U.S. Trade Representative has determined that New 
Zealand will provide appropriate reciprocal competitive Government 
procurement opportunities to United States products and services, the 
U.S. Trade Representative published a notice on August 12, 2015, in the 
Federal Register (80 FR 48386) waiving the Buy American Act and other 
discriminatory provisions for eligible products from New Zealand.
    FAR 25.003 defines WTO GPA countries by listing the parties to the 
WTO GPA, and defines ``designated country'' as a WTO GPA country, a 
Free Trade Agreement country, a least developed country, or a Caribbean 
Basin country. Montenegro and New Zealand are now WTO GPA countries and 
are designated countries, as determined by the U.S. Trade 
Representative; therefore, this rule adds Montenegro and New Zealand to 
the list of WTO GPA countries within the definition of ``designated 
country'' at DFARS 252.225-7017, Photovoltaic Devices; 252.225-7021, 
Trade Agreements--Basic, and 252.225-7021 Trade Agreements--Alternate 
II; and 252.225-7045, Balance of Payments Program--Construction 
Material Under Trade Agreements--Basic, and 252.225-7045, Balance of 
Payments Program--Construction Material Under Trade Agreements--
Alternates I, II, and III.

II. Publication of this Final Rule for Public Comment is Not Required 
by Statute

    The statute that applies to the publication of the 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 
informative only. Under the rule, Montenegro and New Zealand are now 
WTO GPA countries and will provide appropriate reciprocal competitive 
procurement opportunities to United States products and services and 
suppliers of such products and services. As such, the rule is not 
expected to have a significant cost or administrative impact on 
contractors or offerors.

[[Page 67254]]

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 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 certification and information collection requirement in the 
provisions at DFARS 252.225-7018, Photovoltaic Devices-Certificate and 
252.225-7020, Trade Agreements Certificate, currently approved under 
OMB clearance 0704-0229 (expiring March 31, 2017, DFARS Part 225, 
Foreign Acquisition, and associated clauses). DFARS provisions 252.225-
7018 and 252.225-7020 rely on the definition of ``designated country'' 
in DFARS 252.225-7017 and 252.225-7021, which now includes Montenegro 
and New Zealand. The impact of this rule, however, is negligible.

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.


252.225-7017   [Amended]

0
2. Amend section 252.225-7017, paragraph (a), in the definition of 
``Designated country'' in paragraph (i), by adding, in alphabetical 
order, the countries of ``Montenegro'' and ``New Zealand''.


252.225-7021   [Amended]

0
3. Amend section 252.225-7021 by--
0
a. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place;
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand'';
0
c. In Alternate II:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.


252.225-7045   [Amended]

0
4. Amend section 252.225-7045 by--
0
a. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place;
0
b. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand'';
0
c. In Alternate I:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.
0
d. In Alternate II:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.
0
e. In Alternate III:
0
i. Removing the clause date ``(NOV 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in 
paragraph (i), adding, in alphabetical order, the countries of 
``Montenegro'' and ``New Zealand''.

[FR Doc. 2015-27471 Filed 10-29-15; 8:45 am]
 BILLING CODE 5001-06-P

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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67254 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

III. Executive Orders 12866 and 13563 252.225–7017 [Amended] DEPARTMENT OF DEFENSE
Executive Orders (E.O.s) 12866 and ■ 2. Amend section 252.225–7017,
paragraph (a), in the definition of Defense Acquisition Regulations
13563 direct agencies to assess all costs System
and benefits of available regulatory ‘‘Designated country’’ in paragraph (i),
alternatives and, if regulation is by adding, in alphabetical order, the
countries of ‘‘Montenegro’’ and ‘‘New 48 CFR Parts 201, 206, 208, 215, 216,
necessary, to select regulatory 222, 225, 237, and 252
approaches that maximize net benefits Zealand’’.
(including potential economic, 252.225–7021 [Amended] Defense Federal Acquisition
environmental, public health and safety Regulation Supplement; Technical
effects, distributive impacts, and ■ 3. Amend section 252.225–7021 by— Amendments
equity). E.O. 13563 emphasizes the ■ a. Removing the clause date ‘‘(NOV
importance of quantifying both costs 2014)’’ and adding ‘‘(OCT 2015)’’ in its AGENCY: Defense Acquisition
and benefits, of reducing costs, of place; Regulations System, Department of
harmonizing rules, and of promoting ■ b. In paragraph (a), in the definition of Defense (DoD).
flexibility. This is not a significant ‘‘Designated country’’ in paragraph (i), ACTION: Final rule.
regulatory action and, therefore, was not adding, in alphabetical order, the
subject to review under Section 6(b) of countries of ‘‘Montenegro’’ and ‘‘New SUMMARY: DoD is making technical
E.O. 12866, Regulatory Planning and Zealand’’; amendments to the Defense Federal
Review, dated September 30, 1993. This ■ c. In Alternate II: Acquisition Regulation Supplement
rule is not a major rule under 5 U.S.C. ■ i. Removing the clause date ‘‘(NOV (DFARS) to provide needed editorial
804. 2014)’’ and adding ‘‘(OCT 2015)’’ in its changes.
place; and DATES: Effective October 30, 2015.
IV. Regulatory Flexibility Act ■ ii. In paragraph (a), in the definition
FOR FURTHER INFORMATION CONTACT: Ms.
The Regulatory Flexibility Act does of ‘‘Designated country’’ in paragraph Jennifer L. Hawes, Defense Acquisition
not apply to this rule because this final (i), adding, in alphabetical order, the Regulations System,
rule does not constitute a significant countries of ‘‘Montenegro’’ and ‘‘New OUSD(AT&L)DPAP(DARS), Room
FAR revision within the meaning of Zealand’’. 3B941, 3060 Defense Pentagon,
FAR 1.501–1, and 41 U.S.C. 1707 does 252.225–7045 [Amended] Washington, DC 20301–3060.
not require publication for public Telephone 571–372–6115; facsimile
comment. ■ 4. Amend section 252.225–7045 by— 571–372–6094.
■ a. Removing the clause date ‘‘(NOV
SUPPLEMENTARY INFORMATION: This final
V. Paperwork Reduction Act 2014)’’ and adding ‘‘(OCT 2015)’’ in its
rule amends the DFARS as follows—
place;
The Paperwork Reduction Act does 1. Directs contracting officers to
■ b. In paragraph (a), in the definition of
apply, because the rule affects the additional DFARS Procedures,
‘‘Designated country’’ in paragraph (i),
certification and information collection Guidance, and Information (PGI) by
adding, in alphabetical order, the
requirement in the provisions at DFARS adding a cross reference at DFARS
countries of ‘‘Montenegro’’ and ‘‘New
252.225–7018, Photovoltaic Devices- 201.106 to the PGI list of information
Zealand’’;
Certificate and 252.225–7020, Trade collection and recordkeeping
■ c. In Alternate I:
Agreements Certificate, currently requirements that have been approved
■ i. Removing the clause date ‘‘(NOV
approved under OMB clearance 0704– by the Office of Management and
2014)’’ and adding ‘‘(OCT 2015)’’ in its Budget for DFARS requirements;
0229 (expiring March 31, 2017, DFARS
place; and 2. Directs contracting officers to
Part 225, Foreign Acquisition, and
■ ii. In paragraph (a), in the definition
associated clauses). DFARS provisions DFARS PGI coverage by adding a
of ‘‘Designated country’’ in paragraph reference at DFARS 206.305 to provide
252.225–7018 and 252.225–7020 rely on
(i), adding, in alphabetical order, the further guidance concerning
the definition of ‘‘designated country’’
countries of ‘‘Montenegro’’ and ‘‘New justification and approval documents;
in DFARS 252.225–7017 and 252.225–
Zealand’’. 3. Updates cross references at DFARS
7021, which now includes Montenegro
■ d. In Alternate II:
and New Zealand. The impact of this 208.404(a)(ii), 216.505(1), and 237.170–
■ i. Removing the clause date ‘‘(NOV
rule, however, is negligible. 2(b) by removing ‘‘217.78’’ and adding
2014)’’ and adding ‘‘(OCT 2015)’’ in its ‘‘217.7’’ in each place to conform to
List of Subjects in 48 CFR Part 252 place; and changes made in the Federal Register
Government procurement. ■ ii. In paragraph (a), in the definition final rule 80 FR 51750 published on
of ‘‘Designated country’’ in paragraph August 26, 2015;
Jennifer L. Hawes, (i), adding, in alphabetical order, the 4. Removes references at DFARS
Editor, Defense Acquisition Regulations countries of ‘‘Montenegro’’ and ‘‘New
System.
215.404–76 and DFARS 222.101–3–70
Zealand’’. to obsolete internal DoD reporting
Therefore, 48 CFR part 252 is ■ e. In Alternate III: requirements;
amended as follows: ■ i. Removing the clause date ‘‘(NOV 5. Conforms the DFARS subpart
2014)’’ and adding ‘‘(OCT 2015)’’ in its 222.13 heading to the Federal
PART 252—SOLICITATION place; and Acquisition Regulation (FAR) heading;
PROVISIONS AND CONTRACT ■ ii. In paragraph (a), in the definition 6. Updates, at DFARS 222.1310(a)(1),
tkelley on DSK3SPTVN1PROD with RULES5

CLAUSES of ‘‘Designated country’’ in paragraph the title of FAR clause 52.222–35 to
(i), adding, in alphabetical order, the conform to the FAR title;
■ 1. The authority citation for 48 CFR countries of ‘‘Montenegro’’ and ‘‘New 7. Updates hyperlinks at DFARS
part 252 continues to read as follows: Zealand’’. 225.301–4(2) and 252.225–7040; and
Authority: 41 U.S.C. 1303 and 48 CFR [FR Doc. 2015–27471 Filed 10–29–15; 8:45 am] 8. Corrects a typographical error at
chapter 1. BILLING CODE 5001–06–P DFARS 225.7002–3.

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Document Created: 2015-12-14 15:30:07
Document Modified: 2015-12-14 15:30:07

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. Tresa Sullivan, telephone 571-372- 6089.
FR Citation		80 FR 67253
RIN Number		0750-AI71

80 FR 67253 - Defense Federal Acquisition Regulation Supplement: New Designated Countries-Montenegro and New Zealand (DFARS Case 2015-D033)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

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

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System