82 FR 48811 - Submission for OMB Review; Federal Acquisition Regulation Buy American, Trade Agreements, and Duty-Free Entry

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range		48811-48812
FR Document		2017-22717

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request for revision and an extension to existing OMB clearances regarding the Buy American statute, Trade Agreements, and duty-free entry. A notice was published in the Federal Register at 82 FR 35528 on July 31, 2017. No comments were received.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48811-48812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22717]



[[Page 48811]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0024; Docket 2017-0053; Sequence 2]


Submission for OMB Review; Federal Acquisition Regulation Buy 
American, Trade Agreements, and Duty-Free Entry

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division (MVCB) will be submitting to the Office 
of Management and Budget (OMB) a request for revision and an extension 
to existing OMB clearances regarding the Buy American statute, Trade 
Agreements, and duty-free entry. A notice was published in the Federal 
Register at 82 FR 35528 on July 31, 2017. No comments were received.

DATES: Submit comments on or before November 20, 2017.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Office of Information and Regulatory Affairs 
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, 
DC 20503. Additionally submit a copy to GSA by any of the following 
methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number 9000-0024. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0024, Buy American, 
Trade Agreements, and Duty-Free Entry. Follow the instructions provided 
on the screen. Please include your name, company name (if any), and 
``Information Collection 9000-0024, Buy American, Trade Agreements, and 
Duty-Free Entry'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Mandell/IC 9000-0024, Buy American, Trade Agreements, and 
Duty-Free Entry.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0024, Buy American, Trade Agreements, and Duty-Free 
Entry, in all correspondence related to this collection. Comments 
received generally will be posted, without change, to http://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two to 
three days after submission to verify posting (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, Acquisition Policy Division, GSA 202-219-0202 or email 
[email protected].

SUPPLEMENTARY INFORMATION:

A.

    This information collection requirement pertains to information 
that an offeror must submit in response to the requirements of the 
provisions and clauses in FAR 52.225 that relate to the following:
    * The Buy American statute (41 U.S.C. chapter 83 and E.O. 10582).
    * The Trade Agreements Act (19 U.S.C. 2501-2515), including the 
World Trade Organization Government Procurement Agreement and various 
free trade agreements.
    * The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-
5) (Recovery Act).
    * Subchapters VIII and X of Chapter 98 of the Harmonized Tariff 
Schedule of the United States (19 U.S.C. 1202).
    a. 52.225-2, Buy American Certificate, as prescribed in FAR 
25.1101(a)(2), requires the offeror to identify in its proposal 
supplies that do not meet the definition of domestic end product. The 
Buy American statute does not apply to acquisitions of commercial 
information technology.
    b. 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act 
Certificate, as prescribed in FAR 25.1101(b)(2)(i), requires separate 
listing of foreign products that are eligible under a trade agreement, 
and listing of all other foreign end products.
    c. 52.225-6, Trade Agreements Certificate, as prescribed in FAR 
25.1101(c)(2), requires the offeror to certify that all end products 
are either U.S.-made or designated country end products, except as 
listed in paragraph (b) of the provision. Offerors are not allowed to 
provide other than a U.S.-made or designated country end product, 
unless the requirement is waived.
    d. Construction provisions and clauses:

 52.225-9, Buy American--Construction Materials
 52.225-10, Notice of Buy American Requirement--Construction 
Materials
 52.225-11, Buy American--Construction Materials under Trade 
Agreements
 52.225-12, Notice of Buy American Requirement--Construction 
Materials under Trade Agreements
 52.225-21, Required Use of American Iron, Steel and 
Manufactured Goods--Buy American--Construction Materials
 52.225-23, Required Use of American Iron, Steel and 
Manufactured Goods--Buy American--Construction Materials under Trade 
Agreements.

    The listed provisions and clauses, as prescribed in FAR 25.1102(a) 
through (e), provide that an offeror/contractor requesting to use 
foreign construction material due to unreasonable cost of domestic 
construction material shall provide adequate information to permit 
evaluation of the request.
    e. 52.225-8, Duty-Free Entry (formerly OMB clearance 9000-0022), as 
prescribed in FAR 25.1101(e), requires the contractor to notify the 
contracting officer when it purchases foreign supplies, in order to 
determine whether the supplies should be duty-free. In addition, all 
shipping documents and containers must specify certain information to 
assure the duty-free entry of the supplies.

B. Annual Reporting Burden

    1. Buy American and Trade Agreements--Supplies:
    FAR Clause 52.225-2, Buy American Certificate, requires the offeror 
to identify in its proposal supplies for use in the United States that 
do not meet the definition of domestic end product. The Buy American 
statute does not apply to acquisitions of commercial information 
technology.
    Respondents: 3,306.
    Responses per Respondent: 5.
    Total Responses: 16,530.
    Hours per Response: .25.
    Total Burden Hours: 4,133.

    FAR Clause 52.225-4, Buy American-Free Trade Agreements--Israeli 
Trade Act Certificate, requires separate listing of foreign products 
that are eligible under a trade agreement, and listing of all other 
foreign end products.
    Respondents: 1,977.
    Responses per Respondent: 5.
    Total Responses: 9,885.
    Hours per Response: .25.
    Total Burden Hours: 2,471.

    FAR Clause 52.225-6, Trade Agreements Certificate, requires the 
offeror to certify that all end products

[[Page 48812]]

are either U.S.-made or designated country end products, except as 
listed in paragraph (b) of the provision. Offerors are not allowed to 
provide other than a U.S.-made or designated country end product, 
unless the requirement is waived.
    Respondents: 397.
    Responses per Respondent: 2.
    Total Responses: 794.
    Hours per Response: .25.
    Total Burden Hours: 199.
    2. Buy American and Trade Agreements--Construction provisions and 
clauses provide that an offeror/contractor requesting to use foreign 
construction material due to unreasonable cost of domestic construction 
material shall provide adequate information to permit evaluation of the 
request.

--52.225-9, Buy American--Construction Materials
--52.225-10, Notice of Buy American Requirements--Construction 
Materials
--52.225-11, Buy American--Construction Materials under Trade 
Agreements
--52.225-12, Notice of Buy American Requirements--Construction 
Materials under Trade Agreements
--52.225-21, Required Use of American Iron, Steel and Manufactured 
Goods--Buy American--Construction Materials
--52.225-23, Required Use of American Iron, Steel and Manufactured 
Goods--Buy American--Construction Materials under Trade Agreements

    Respondents: 853.
    Responses per Respondent: 2.3.
    Total Responses: 1,990.
    Hours per Response: 5.
    Total Burden Hours: 10,045.
    3. Duty-Free Entry. The clause at FAR 52.225-8, Duty-Free Entry 
(formerly OMB clearance 9000-0022), is included in solicitations and 
contracts for supplies that may be imported into the United States and 
for which duty-free entry may be obtained in accordance with FAR 
25.903(a), if the value of the acquisition (1) exceeds the simplified 
acquisition threshold; or (2) does not exceed the simplified 
acquisition threshold, but the savings from waiving the duty is 
anticipated to be more than the administrative cost of waiving the 
duty. The contracting officer analyzes the information submitted by the 
contractor to determine whether or not supplies should enter the 
country duty-free.
    Respondents: 1,330.
    Responses per Respondent: 10.
    Total Responses: 13,300.
    Hours per Response: 0.5.
    Total Burden Hours: 6,650.
    4. Summary
    Respondents: 7,863.
    Responses per Respondent: 5.4.
    Total Responses: 42,499.
    Hours per Response: .5.
    Total Burden Hours: 23,497.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., Washington, DC 20405, telephone 202-501-4755.
    Please cite OMB Control No. 9000-0024, Buy American, Trade 
Agreements, and Duty-Free Entry in all correspondence.

    Dated: October 16, 2017.
Lorin S. Curit,
Director, Federal Acquisition Policy Division, Office of Government-
wide Acquisition Policy, Office of Acquisition Policy, Office of 
Government-wide Policy.
[FR Doc. 2017-22717 Filed 10-19-17; 8:45 am]
BILLING CODE 6820-EP-P

Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48811

DEPARTMENT OF DEFENSE 9000–0024, Buy American, Trade • 52.225–9, Buy American—
Agreements, and Duty-Free Entry, in all Construction Materials
GENERAL SERVICES correspondence related to this • 52.225–10, Notice of Buy American
ADMINISTRATION collection. Comments received generally Requirement—Construction Materials
will be posted, without change, to • 52.225–11, Buy American—
NATIONAL AERONAUTICS AND http://www.regulations.gov, including Construction Materials under Trade
SPACE ADMINISTRATION any personal and/or business Agreements
[OMB Control No. 9000–0024; Docket 2017– confidential information provided. To • 52.225–12, Notice of Buy American
0053; Sequence 2] confirm receipt of your comment(s), Requirement—Construction Materials
please check www.regulations.gov, under Trade Agreements
Submission for OMB Review; Federal approximately two to three days after • 52.225–21, Required Use of American
Acquisition Regulation Buy American, submission to verify posting (except Iron, Steel and Manufactured Goods—
Trade Agreements, and Duty-Free allow 30 days for posting of comments Buy American—Construction
Entry submitted by mail). Materials
FOR FURTHER INFORMATION CONTACT: Ms. • 52.225–23, Required Use of American
AGENCY: Department of Defense (DOD), Iron, Steel and Manufactured Goods—
Cecelia L. Davis, Procurement Analyst,
General Services Administration (GSA), Buy American—Construction
Acquisition Policy Division, GSA 202–
and National Aeronautics and Space Materials under Trade Agreements.
219–0202 or email cecelia.davis@
Administration (NASA).
gsa.gov. The listed provisions and clauses, as
ACTION: Notice of request for public
SUPPLEMENTARY INFORMATION: prescribed in FAR 25.1102(a) through
comments regarding an extension to an
(e), provide that an offeror/contractor
existing OMB clearance. A. requesting to use foreign construction
SUMMARY: Under the provisions of the This information collection material due to unreasonable cost of
Paperwork Reduction Act, the requirement pertains to information that domestic construction material shall
Regulatory Secretariat Division (MVCB) an offeror must submit in response to provide adequate information to permit
will be submitting to the Office of the requirements of the provisions and evaluation of the request.
Management and Budget (OMB) a clauses in FAR 52.225 that relate to the e. 52.225–8, Duty-Free Entry (formerly
request for revision and an extension to following: OMB clearance 9000–0022), as
existing OMB clearances regarding the * The Buy American statute (41 prescribed in FAR 25.1101(e), requires
Buy American statute, Trade U.S.C. chapter 83 and E.O. 10582). the contractor to notify the contracting
Agreements, and duty-free entry. A * The Trade Agreements Act (19 officer when it purchases foreign
notice was published in the Federal U.S.C. 2501–2515), including the World supplies, in order to determine whether
Register at 82 FR 35528 on July 31, Trade Organization Government the supplies should be duty-free. In
2017. No comments were received. Procurement Agreement and various addition, all shipping documents and
free trade agreements. containers must specify certain
DATES: Submit comments on or before
* The American Recovery and information to assure the duty-free entry
November 20, 2017. Reinvestment Act of 2009 (Pub. L. 111–
ADDRESSES: Submit comments regarding
of the supplies.
5) (Recovery Act).
this burden estimate or any other aspect * Subchapters VIII and X of Chapter B. Annual Reporting Burden
of this collection of information, 98 of the Harmonized Tariff Schedule of 1. Buy American and Trade
including suggestions for reducing this the United States (19 U.S.C. 1202). Agreements—Supplies:
burden to: Office of Information and a. 52.225–2, Buy American Certificate, FAR Clause 52.225–2, Buy American
Regulatory Affairs of OMB, Attention: as prescribed in FAR 25.1101(a)(2), Certificate, requires the offeror to
Desk Officer for GSA, Room 10236, requires the offeror to identify in its identify in its proposal supplies for use
NEOB, Washington, DC 20503. proposal supplies that do not meet the in the United States that do not meet the
Additionally submit a copy to GSA by definition of domestic end product. The definition of domestic end product. The
any of the following methods: Buy American statute does not apply to
• Regulations.gov: http:// Buy American statute does not apply to
acquisitions of commercial information acquisitions of commercial information
www.regulations.gov. Submit comments technology.
via the Federal eRulemaking portal by technology.
b. 52.225–4, Buy American—Free
Respondents: 3,306.
searching the OMB control number Trade Agreements—Israeli Trade Act
Responses per Respondent: 5.
9000–0024. Select the link ‘‘Comment Certificate, as prescribed in FAR
Total Responses: 16,530.
Now’’ that corresponds with 25.1101(b)(2)(i), requires separate listing
Hours per Response: .25.
‘‘Information Collection 9000–0024, Buy of foreign products that are eligible
Total Burden Hours: 4,133.
American, Trade Agreements, and Duty- under a trade agreement, and listing of
Free Entry. Follow the instructions all other foreign end products. FAR Clause 52.225–4, Buy American-
provided on the screen. Please include c. 52.225–6, Trade Agreements Free Trade Agreements—Israeli Trade
your name, company name (if any), and Certificate, as prescribed in FAR Act Certificate, requires separate listing
‘‘Information Collection 9000–0024, Buy 25.1101(c)(2), requires the offeror to of foreign products that are eligible
American, Trade Agreements, and Duty- certify that all end products are either under a trade agreement, and listing of
Free Entry’’ on your attached document. U.S.-made or designated country end all other foreign end products.
• Mail: General Services Respondents: 1,977.
srobinson on DSKBC5CHB2PROD with NOTICES

products, except as listed in paragraph
Administration, Regulatory Secretariat (b) of the provision. Offerors are not Responses per Respondent: 5.
Division (MVCB), 1800 F Street NW., allowed to provide other than a U.S.- Total Responses: 9,885.
Washington, DC 20405. ATTN: Ms. made or designated country end Hours per Response: .25.
Mandell/IC 9000–0024, Buy American, product, unless the requirement is Total Burden Hours: 2,471.
Trade Agreements, and Duty-Free Entry. waived. FAR Clause 52.225–6, Trade
Instructions: Please submit comments d. Construction provisions and Agreements Certificate, requires the
only and cite Information Collection clauses: offeror to certify that all end products

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48812 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

are either U.S.-made or designated Total Burden Hours: 6,650. general public and other Federal
country end products, except as listed 4. Summary agencies the opportunity to provide
in paragraph (b) of the provision. Respondents: 7,863. comment on a proposed and/or
Offerors are not allowed to provide Responses per Respondent: 5.4. continuing information collection, as
other than a U.S.-made or designated Total Responses: 42,499. required by the Paperwork Reduction
country end product, unless the Hours per Response: .5. Act of 1995. This notice invites
requirement is waived. Total Burden Hours: 23,497. comment on the Respiratory Protective
Respondents: 397. C. Public Comments Devices information collection project.
Responses per Respondent: 2. DATES: CDC must receive written
Public comments are particularly
Total Responses: 794. comments on or before December 19,
invited on: Whether this collection of
Hours per Response: .25. 2017.
information is necessary for the proper
Total Burden Hours: 199.
performance of functions of the FAR, ADDRESSES: You may submit comments,
2. Buy American and Trade
and whether it will have practical identified by Docket No. CDC–2017–
Agreements—Construction provisions
utility; whether our estimate of the 0074 by any of the following methods:
and clauses provide that an offeror/ • Federal eRulemaking Portal:
public burden of this collection of
contractor requesting to use foreign Regulations.gov. Follow the instructions
information is accurate, and based on
construction material due to for submitting comments.
valid assumptions and methodology;
unreasonable cost of domestic • Mail: Leroy A. Richardson,
ways to enhance the quality, utility, and
construction material shall provide Information Collection Review Office,
clarity of the information to be
adequate information to permit Centers for Disease Control and
collected; and ways in which we can
evaluation of the request. Prevention, 1600 Clifton Road NE., MS–
minimize the burden of the collection of
—52.225–9, Buy American— information on those who are to D74, Atlanta, Georgia 30329.
Construction Materials respond, through the use of appropriate Instructions: All submissions received
—52.225–10, Notice of Buy American technological collection techniques or must include the agency name and
Requirements—Construction other forms of information technology. Docket Number. CDC will post, without
Materials Obtaining Copies of Proposals: change, all relevant comments to
—52.225–11, Buy American— Requesters may obtain a copy of the Regulations.gov.
Construction Materials under Trade information collection documents from Please note: Submit all comments
Agreements the General Services Administration, through the Federal eRulemaking portal
—52.225–12, Notice of Buy American Regulatory Secretariat Division (MVCB), (regulations.gov) or by U.S. mail to the
Requirements—Construction 1800 F Street NW., Washington, DC address listed above.
Materials under Trade Agreements 20405, telephone 202–501–4755. FOR FURTHER INFORMATION CONTACT: To
—52.225–21, Required Use of American Please cite OMB Control No. 9000– request more information on the
Iron, Steel and Manufactured Goods— 0024, Buy American, Trade Agreements, proposed project or to obtain a copy of
Buy American—Construction and Duty-Free Entry in all the information collection plan and
Materials correspondence. instruments, contact Leroy A.
—52.225–23, Required Use of American Richardson, Information Collection
Iron, Steel and Manufactured Goods— Dated: October 16, 2017.
Review Office, Centers for Disease
Buy American—Construction Lorin S. Curit,
Control and Prevention, 1600 Clifton
Materials under Trade Agreements Director, Federal Acquisition Policy Division, Road NE., MS–D74, Atlanta, Georgia
Office of Government-wide Acquisition
Respondents: 853. 30329; phone: 404–639–7570; Email:
Policy, Office of Acquisition Policy, Office
Responses per Respondent: 2.3. of Government-wide Policy. omb@cdc.gov.
Total Responses: 1,990. [FR Doc. 2017–22717 Filed 10–19–17; 8:45 am] SUPPLEMENTARY INFORMATION: Under the
Hours per Response: 5. Paperwork Reduction Act of 1995 (PRA)
BILLING CODE 6820–EP–P
Total Burden Hours: 10,045. (44 U.S.C. 3501–3520), Federal agencies
3. Duty-Free Entry. The clause at FAR must obtain approval from the Office of
52.225–8, Duty-Free Entry (formerly Management and Budget (OMB) for each
OMB clearance 9000–0022), is included DEPARTMENT OF HEALTH AND
collection of information they conduct
in solicitations and contracts for HUMAN SERVICES
or sponsor. In addition, the PRA also
supplies that may be imported into the requires Federal agencies to provide a
Centers for Disease Control and
United States and for which duty-free 60-day notice in the Federal Register
Prevention
entry may be obtained in accordance concerning each proposed collection of
with FAR 25.903(a), if the value of the [60Day–FY–0109; Docket No. CDC–2017– information, including each new
acquisition (1) exceeds the simplified 0074] proposed collection, each proposed
acquisition threshold; or (2) does not extension of existing collection of
exceed the simplified acquisition Proposed Data Collection Submitted
information, and each reinstatement of
threshold, but the savings from waiving for Public Comment and
previously approved information
the duty is anticipated to be more than Recommendations
collection before submitting the
the administrative cost of waiving the AGENCY: Centers for Disease Control and collection to the OMB for approval. To
duty. The contracting officer analyzes Prevention (CDC), Department of Health comply with this requirement, we are
srobinson on DSKBC5CHB2PROD with NOTICES

the information submitted by the and Human Services (HHS). publishing this notice of a proposed
contractor to determine whether or not ACTION: Notice with comment period. data collection as described below.
supplies should enter the country duty- The OMB is particularly interested in
free. SUMMARY: The Centers for Disease comments that will help:
Respondents: 1,330. Control and Prevention (CDC), as part of 1. Evaluate whether the proposed
Responses per Respondent: 10. its continuing effort to reduce public collection of information is necessary
Total Responses: 13,300. burden and maximize the utility of for the proper performance of the
Hours per Response: 0.5. government information, invites the functions of the agency, including

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Document Created: 2017-10-20 00:06:17
Document Modified: 2017-10-20 00:06:17

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		Notices
Action		Notice of request for public comments regarding an extension to an existing OMB clearance.
Dates		Submit comments on or before November 20, 2017.
Contact		Ms. Cecelia L. Davis, Procurement Analyst, Acquisition Policy Division, GSA 202-219-0202 or email [email protected]
FR Citation		82 FR 48811

82 FR 48811 - Submission for OMB Review; Federal Acquisition Regulation Buy American, Trade Agreements, and Duty-Free Entry

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 82, Issue 202 (October 20, 2017)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION