81_FR_65752 81 FR 65567 - Defense Federal Acquisition Regulation Supplement: New Designated Country-Moldova (DFARS Case 2016-D028)

81 FR 65567 - Defense Federal Acquisition Regulation Supplement: New Designated Country-Moldova (DFARS Case 2016-D028)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65567-65568
FR Document2016-22571

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add Moldova as a new designated country under the World Trade Organization Government Procurement Agreement.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65567-65568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22571]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2016-0032]
RIN 0750-AJ07


Defense Federal Acquisition Regulation Supplement: New Designated 
Country--Moldova (DFARS Case 2016-D028)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add Moldova as a new 
designated country under the World Trade Organization Government 
Procurement Agreement.

DATES: Effective September 23, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6176.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 29, 2016, the World Trade Organization (WTO) Committee on 
Government Procurement approved the accession of Moldova to the WTO 
Government Procurement Agreement (GPA). This rule adds Moldova to the 
list of WTO GPA countries wherever it appears in the DFARS, as part of 
the definition of ``designated country''.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule only updates the list of designated countries in the 
DFARS by adding the newly designated country of Moldova. The definition 
of ``designated country'' is updated in each of the following clauses; 
however, this revision does not impact the clause prescriptions for 
use, or applicability at or below the simplified acquisition threshold, 
or applicability to commercial items. The clauses are: DFARS 252.225-
7017, Photovoltaic Devices; DFARS 252.225-7021, Trade Agreements; and 
DFARS 252.225-7045, Balance of Payments Program--Construction Material 
Under Trade Agreements.

III. 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 entitled ``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 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 in order 
to reflect that Moldova is now a member of the WTO GPA. These 
requirements affect only the internal operating procedures of the 
Government.

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, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

V. 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.

VI. Paperwork Reduction Act

    This 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 ``Defense Federal 
Acquisition Regulation Supplement Part 225,

[[Page 65568]]

Foreign Acquisition, and related clauses,'' in accordance with the 
Paperwork Reduction Act (44 U.S.C. chapter 35). The impact, however, is 
negligible, because the rule only affects the response of an offeror 
that is offering a product of Moldova in an acquisition that exceeds 
$191,000. In 252.225-7018, the offeror of a product from Moldova must 
now check a box at (d)(6)(i) of the provision. However, the offeror no 
longer needs to list a product from Moldova under ``other end 
products'' at 252.225-7020(c)(2), because Moldova is now a designated 
country.

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 by--
0
a. Removing the clause date of ``(AUG 2016)'' and adding ``(SEP 2016)'' 
in its place; and
0
b. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Moldova''.


252.225-7021   [Amended]

0
3. Amend section 252.225-7021 by--
0
a. In the basic clause--
0
i. Removing the clause date of ``(AUG 2016)'' and adding ``(SEP 2016)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Moldova'';
0
b. In the Alternate II clause--
0
i. Removing the clause date of ``(AUG 2016)'' and adding ``(SEP 2016)'' 
in its place; and
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Moldova''.


252.225-7045   [Amended]

0
4. Amend section 252.225-7045 by--
0
a. In the basic clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Moldova'';
0
b. In the Alternate I clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Moldova'';
0
c. In the Alternate II clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Moldova''; and
0
d. In the Alternate III clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Moldova''.

[FR Doc. 2016-22571 Filed 9-22-16; 8:45 am]
 BILLING CODE 5001-06-P



                                                              Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations                                        65567

                                             ■ 5. Amend section 252.227–7037 by—                     DEPARTMENT OF DEFENSE                                 III. Publication of This Final Rule for
                                             ■ a. Removing the clause date ‘‘(JUN                                                                          Public Comment Is Not Required by
                                             2013)’’ and adding ‘‘(SEP 2016)’’ in its                Defense Acquisition Regulations                       Statute
                                             place; and                                              System                                                   The statute that applies to the
                                             ■ b. Revising paragraphs (b)(1) and (2).                                                                      publication of the Federal Acquisition
                                               The revisions read as follows:                        48 CFR Part 252                                       Regulation (FAR) is 41 U.S.C. 1707
                                                                                                                                                           entitled ‘‘Publication of Proposed
                                             252.227–7037 Validation of restrictive                  [Docket DARS–2016–0032]                               Regulations.’’ Paragraph (a)(1) of the
                                             markings on technical data.
                                                                                                                                                           statute requires that a procurement
                                             *       *     *     *     *                             RIN 0750–AJ07                                         policy, regulation, procedure, or form
                                                (b) * * *                                                                                                  (including an amendment or
                                                (1) Commercial items. (i) Except as                  Defense Federal Acquisition                           modification thereof) must be published
                                             provided in paragraph (b)(2) of this                    Regulation Supplement: New                            for public comment if it relates to the
                                             clause, the Contracting Officer will                    Designated Country—Moldova (DFARS                     expenditure of appropriated funds, and
                                             presume that the Contractor’s or a                      Case 2016–D028)                                       has either a significant effect beyond the
                                             subcontractor’s asserted use or release                                                                       internal operating procedures of the
                                             restrictions with respect to a                          AGENCY: Defense Acquisition                           agency issuing the policy, regulation,
                                             commercial item is justified on the basis               Regulations System, Department of                     procedure, or form, or has a significant
                                             that the item was developed exclusively                 Defense (DoD).                                        cost or administrative impact on
                                             at private expense.                                     ACTION:   Final rule.                                 contractors or offerors. This final rule is
                                                (ii) The Contracting Officer will not                                                                      not required to be published for public
                                             challenge such assertions unless the                    SUMMARY:  DoD is issuing a final rule to              comment, because it is just updating the
                                             Contracting Officer has information that                amend the Defense Federal Acquisition                 lists of designated countries in order to
                                             demonstrates that the commercial item                   Regulation Supplement (DFARS) to add                  reflect that Moldova is now a member
                                             was not developed exclusively at                        Moldova as a new designated country                   of the WTO GPA. These requirements
                                             private expense.                                        under the World Trade Organization                    affect only the internal operating
                                                (2) Major weapon systems. In the case                Government Procurement Agreement.                     procedures of the Government.
                                             of a challenge to a use or release                      DATES:   Effective September 23, 2016.                IV. Executive Orders 12866 and 13563
                                             restriction that is asserted with respect                                                                        Executive Orders (E.O.s) 12866 and
                                             to data of the Contractor or a                          FOR FURTHER INFORMATION CONTACT:              Ms.
                                                                                                                                                           13563 direct agencies to assess all costs
                                             subcontractor for a major weapon                        Amy Williams, telephone 571–372–
                                                                                                                                                           and benefits of available regulatory
                                             system or a subsystem or component                      6176.
                                                                                                                                                           alternatives and, if regulation is
                                             thereof on the basis that the major                                                                           necessary, to select regulatory
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             weapon system, subsystem, or                                                                                  approaches that maximize net benefits
                                             component was developed exclusively                     I. Background                                         (including potential economic,
                                             at private expense—                                                                                           environmental, public health and safety
                                                                                                        On June 29, 2016, the World Trade
                                                (i) The presumption in paragraph                                                                           effects, distributive impacts, and
                                                                                                     Organization (WTO) Committee on
                                             (b)(1) of this clause applies to—                                                                             equity). E.O. 13563 emphasizes the
                                                                                                     Government Procurement approved the
                                                (A) A commercial subsystem or                        accession of Moldova to the WTO                       importance of quantifying both costs
                                             component of a major weapon system,                     Government Procurement Agreement                      and benefits, of reducing costs, of
                                             if the major weapon system was                          (GPA). This rule adds Moldova to the                  harmonizing rules, and of promoting
                                             acquired as a commercial item in                        list of WTO GPA countries wherever it                 flexibility. This is not a significant
                                             accordance with DFARS subpart 234.70                    appears in the DFARS, as part of the                  regulatory action and, therefore, was not
                                             (10 U.S.C. 2379(a));                                    definition of ‘‘designated country’’.                 subject to review under section 6(b) of
                                                (B) A component of a subsystem, if                                                                         E.O. 12866, Regulatory Planning and
                                             the subsystem was acquired as a                         II. Applicability to Contracts at or                  Review, dated September 30, 1993. This
                                             commercial item in accordance with                      Below the Simplified Acquisition                      rule is not a major rule under 5 U.S.C.
                                             DFARS subpart 234.70 (10 U.S.C.                         Threshold and for Commercial Items,                   804.
                                             2379(b)); and                                           Including Commercially Available Off-
                                                                                                     the-Shelf Items                                       V. Regulatory Flexibility Act
                                                (C) Any other component, if the
                                             component is a commercially available                                                                           The Regulatory Flexibility Act does
                                                                                                       This rule only updates the list of                  not apply to this rule because this final
                                             off-the-shelf item or a commercially                    designated countries in the DFARS by
                                             available off-the-shelf item with                                                                             rule does not constitute a significant
                                                                                                     adding the newly designated country of                DFARS revision within the meaning of
                                             modifications of a type customarily                     Moldova. The definition of ‘‘designated               FAR 1.501–1, and 41 U.S.C. 1707 does
                                             available in the commercial marketplace                 country’’ is updated in each of the                   not require publication for public
                                             or minor modifications made to meet                     following clauses; however, this                      comment.
                                             Federal Government requirements; and                    revision does not impact the clause
                                                (ii) In all other cases, the challenge to            prescriptions for use, or applicability at            VI. Paperwork Reduction Act
                                             the use or release restriction will be                  or below the simplified acquisition                     This rule affects the information
                                             sustained unless information provided                   threshold, or applicability to                        collection requirements in the
                                             by the Contractor or a subcontractor                    commercial items. The clauses are:                    provisions at DFARS 252.225–7018,
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                                             demonstrates that the item or process                   DFARS 252.225–7017, Photovoltaic                      Photovoltaic Devices—Certificate, and
                                             was developed exclusively at private                    Devices; DFARS 252.225–7021, Trade                    252.225–7020, Trade Agreements
                                             expense.                                                Agreements; and DFARS 252.225–7045,                   Certificate, currently approved under
                                             *       *     *     *     *                             Balance of Payments Program—                          OMB Control Number 0704–0229,
                                             [FR Doc. 2016–22570 Filed 9–22–16; 8:45 am]             Construction Material Under Trade                     entitled ‘‘Defense Federal Acquisition
                                             BILLING CODE 5001–06–P                                  Agreements.                                           Regulation Supplement Part 225,


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                                             65568            Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations

                                             Foreign Acquisition, and related                        ■  ii. In paragraph (a), in the definition            the equivalent-or-greater safety standard
                                             clauses,’’ in accordance with the                       of ‘‘designated country’’ in paragraph                required for the initial exemption.
                                             Paperwork Reduction Act (44 U.S.C.                      (i), adding, in alphabetical order, the               Promulgation of this final rule is a
                                             chapter 35). The impact, however, is                    country of ‘‘Moldova’’;                               nondiscretionary, ministerial action that
                                             negligible, because the rule only affects               ■ b. In the Alternate I clause—                       does not require prior notice and public
                                             the response of an offeror that is offering             ■ i. Removing the clause date of ‘‘(JUN               comment under the Administrative
                                             a product of Moldova in an acquisition                  2016)’’ and adding ‘‘(SEP 2016)’’ in its              Procedure Act (APA).
                                             that exceeds $191,000. In 252.225–7018,                 place;                                                DATES: This final rule is effective
                                             the offeror of a product from Moldova                   ■ ii. In paragraph (a), in the definition             October 24, 2016.
                                             must now check a box at (d)(6)(i) of the                of ‘‘designated country’’ in paragraph                   Petitions for Reconsideration of this
                                             provision. However, the offeror no                      (i), adding, in alphabetical order, the               final rule must be submitted to the
                                             longer needs to list a product from                     country of ‘‘Moldova’’;                               FMCSA Administrator no later than
                                             Moldova under ‘‘other end products’’ at                 ■ c. In the Alternate II clause—                      October 24, 2016.
                                             252.225–7020(c)(2), because Moldova is                  ■ i. Removing the clause date of ‘‘(JUN               FOR FURTHER INFORMATION CONTACT: If
                                             now a designated country.                               2016)’’ and adding ‘‘(SEP 2016)’’ in its              you have questions on this final rule,
                                                                                                     place;                                                call or email Mr. Luke Loy, Vehicle and
                                             List of Subjects in 48 CFR Part 252                     ■ ii. In paragraph (a), in the definition             Roadside Operations Division, Office of
                                                 Government procurement.                             of ‘‘designated country’’ in paragraph                Bus and Truck Standards and
                                                                                                     (i), adding, in alphabetical order, the               Operations, Federal Motor Carrier Safety
                                             Jennifer L. Hawes,
                                                                                                     country of ‘‘Moldova’’; and                           Administration, telephone: 202–366–
                                             Editor, Defense Acquisition Regulations                 ■ d. In the Alternate III clause—
                                             System.                                                                                                       0676; luke.loy@dot.gov. If you have
                                                                                                     ■ i. Removing the clause date of ‘‘(JUN               questions on viewing or submitting
                                               Therefore, 48 CFR part 252 is                         2016)’’ and adding ‘‘(SEP 2016)’’ in its
                                             amended as follows:                                                                                           material to the docket, contact Docket
                                                                                                     place;                                                Services, telephone 202–366–0676.
                                                                                                     ■ ii. In paragraph (a), in the definition
                                             PART 252—SOLICITATION                                                                                         SUPPLEMENTARY INFORMATION: This Final
                                                                                                     of ‘‘designated country’’ in paragraph
                                             PROVISIONS AND CONTRACT                                                                                       Rule is organized as follows:
                                             CLAUSES                                                 (i), adding, in alphabetical order, the
                                                                                                     country of ‘‘Moldova’’.                               I. Executive Summary
                                                                                                                                                           II. Abbreviations
                                             ■ 1. The authority citation for 48 CFR                  [FR Doc. 2016–22571 Filed 9–22–16; 8:45 am]           III. Legal Basis
                                             part 252 continues to read as follows:                  BILLING CODE 5001–06–P                                IV. Background
                                               Authority: 41 U.S.C. 1303 and 48 CFR                                                                        V. FAST Act—Windshield Technology
                                             chapter 1.                                                                                                    VI. Discussion of Final Rule
                                                                                                     DEPARTMENT OF TRANSPORTATION                          VII. International Impacts
                                             252.225–7017      [Amended]                                                                                   VIII. Section-by-Section
                                                                                                     Federal Motor Carrier Safety                          IX. Regulatory Analyses
                                             ■  2. Amend section 252.225–7017 by—                                                                             A. E.O. 12866 (Regulatory Planning and
                                             ■  a. Removing the clause date of ‘‘(AUG                Administration
                                                                                                                                                                 Review and DOT Regulatory Policies and
                                             2016)’’ and adding ‘‘(SEP 2016)’’ in its                                                                            Procedures as Supplemented by E.O.
                                             place; and                                              49 CFR Part 393                                             13563)
                                             ■ b. In paragraph (a), in the definition of             [Docket No. FMCSA–2016–0234]                             B. Regulatory Flexibility Act (Small
                                             ‘‘designated country’’ in paragraph (i),                                                                            Entities)
                                             adding, in alphabetical order, the                      RIN 2126–AB94                                            C. Assistance for Small Entities
                                             country of ‘‘Moldova’’.                                                                                          D. Unfunded Mandates Reform Act of 1995
                                                                                                     Parts and Accessories Necessary for                      E. Paperwork Reduction Act (Collection of
                                             252.225–7021      [Amended]                             Safe Operation; Windshield-Mounted                          Information)
                                                                                                     Technologies                                             F. E.O. 13132 (Federalism)
                                             ■  3. Amend section 252.225–7021 by—                                                                             G. E.O. 12988 (Civil Justice Reform)
                                             ■  a. In the basic clause—                              AGENCY:  Federal Motor Carrier Safety                    H. E.O. 13045 (Protection of Children)
                                             ■  i. Removing the clause date of ‘‘(AUG                Administration (FMCSA), DOT.                             I. E.O. 12630 (Taking of Private Property)
                                             2016)’’ and adding ‘‘(SEP 2016)’’ in its                ACTION: Final rule.                                      J. Privacy
                                             place;                                                                                                           K. E.O. 12372 (Intergovernmental Review)
                                             ■ ii. In paragraph (a), in the definition               SUMMARY:   FMCSA amends the Federal                      L. E.O. 13211 (Energy Supply, Distribution,
                                             of ‘‘designated country’’ in paragraph                  Motor Carrier Safety Regulations                            or Use)
                                                                                                                                                              M. E.O. 13175 (Indian Tribal Governments)
                                             (i), adding, in alphabetical order, the                 (FMCSRs) to allow the voluntary
                                                                                                                                                              N. National Technology Transfer and
                                             country of ‘‘Moldova’’;                                 mounting of certain devices on the                          Advancement Act (Technical Standards)
                                             ■ b. In the Alternate II clause—                        interior of the windshields of                           O. Environment (NEPA, CAA, E.O.12898
                                             ■ i. Removing the clause date of ‘‘(AUG                 commercial motor vehicles (CMVs),                           Environmental Justice)
                                             2016)’’ and adding ‘‘(SEP 2016)’’ in its                including placement within the area
                                             place; and                                              that is swept by the windshield wipers.               I. Executive Summary
                                             ■ ii. In paragraph (a), in the definition               Section 5301 of the Fixing America’s                     Section 5301 of the FAST Act,
                                             of ‘‘designated country’’ in paragraph                  Surface Transportation (FAST) Act                     enacted on December 4, 2015, but made
                                             (i), adding, in alphabetical order, the                 directs the Agency to amend the                       effective on October 1, 2015, pursuant to
                                             country of ‘‘Moldova’’.                                 FMCSRs to allow devices to be mounted                 section 1003, directs the Secretary to
                                                                                                     on the windshield that utilize ‘‘vehicle              revise 49 Code of Federal Regulations
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                                             252.225–7045      [Amended]                             safety technology,’’ as defined in the                (CFR) 393.60(e) relating to the
                                             ■ 4. Amend section 252.225–7045 by—                     Act. In addition, the section 5301 states             prohibition on obstructions to the
                                             ■ a. In the basic clause—                               that all windshield mounted devices/                  driver’s field of view, to provide an
                                             ■ i. Removing the clause date of ‘‘(JUN                 technologies with a limited 2-year                    exception for the voluntary mounting on
                                             2016)’’ and adding ‘‘(SEP 2016)’’ in its                exemption in effect on the date of                    a windshield of ‘‘vehicle safety
                                             place;                                                  enactment, shall be considered to meet                technology’’ likely to achieve a level of


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Document Created: 2016-09-23 01:43:34
Document Modified: 2016-09-23 01:43:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective September 23, 2016.
ContactMs. Amy Williams, telephone 571-372- 6176.
FR Citation81 FR 65567 
RIN Number0750-AJ07

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