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 Range		65567-65568
FR Document		2016-22571

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]


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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

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 September 23, 2016.
Contact		Ms. Amy Williams, telephone 571-372- 6176.
FR Citation		81 FR 65567
RIN Number		0750-AJ07

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

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

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

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System