Defense Federal Acquisition Regulation Supplement: Removal of Cuba From the List of State Sponsors of Terrorism (DFARS 2015-D032)

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

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

Rules and Regulations

Pages 67252-67253

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2015-27467

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AI67

Defense Federal Acquisition Regulation Supplement: Removal of Cuba From the List of State Sponsors of Terrorism (DFARS 2015-D032)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove Cuba from the definition of ``state sponsor of terrorism'' in two DFARS clauses. This rule implements the Department of Department of State Public Notice: 9162, Rescission of Determination Regarding Cuba.

DATES: Effective October 30, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Kyoung Lee, telephone 571-372-

6093.

SUPPLEMENTARY INFORMATION:

1. Background

   This final rule amends DFARS clause 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--Representations, and clause 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism, by removing Cuba from the definition of ``state sponsor of terrorism'' in these clauses. This rule implements the Department of State Public Notice: 9162, Rescission of Determination Regarding Cuba, announcing removal of Cuba from the U.S. list of state sponsors of terrorism, effective May 29, 2015. This action was based upon the Presidential Report of April 14, 2015, to Congress, indicating the Administration's intent to rescind the designation of Cuba as a state sponsor of terrorism, including the certification that Cuba has not provided any support for international terrorism during the previous six months, and that Cuba has provided assurance that it will not support acts of international terrorism in the future.

2. Publication of This Final Rule for Public Comment is Not Required by Statute

   The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed Regulations. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it is only implementing the Department of State Public Notice: 9162, Rescission of Determination Regarding Cuba, announced on June 4, 2015, and, as such, the rule does not have a significant cost or administrative impact on contractors or offerors.

3. Executive Orders 12866 and 13563

   Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

   Page 67253

4. 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.

5. Paperwork Reduction Act

   The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

   List of Subjects in 48 CFR Part 252

   Government procurement.

   Jennifer L. Hawes,

   Editor, Defense Acquisition Regulations System.

   Therefore, 48 CFR part 252 is amended as follows:

   PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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   1. The authority citation for 48 CFR part 252 continues to read as follows:

   Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

   252.225-7049 Amended

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   2. Amend section 252.225-7049 by--

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   1. Removing the clause date ``(DEC 2014)'' and adding ``(OCT 2015)'' in its place; and

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   2. In the paragraph (a), in the definition of ``State sponsor of terrorism'' removing ``Cuba,''.

      252.225-7050 Amended

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      3. Amend section 252.225-7050 by--

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   1. Removing the clause date ``(DEC 2014)'' and adding ``(OCT 2015)'' in its place; and

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   2. In the paragraph (a), in the definition of ``State sponsor of terrorism'' removing ``Cuba,''.

      FR Doc. 2015-27467 Filed 10-29-15; 8:45 am

      BILLING CODE 6820-ep-P