Defense Federal Acquisition Regulation Supplement: Trade Agreements Thresholds (DFARS Case 2022-D003)
| Citation | 86 FR 74375 |
| Record Number | 2021-28161 |
| Published date | 30 December 2021 |
| Section | Rules and Regulations |
| Court | Defense Acquisition Regulations System |
74375
Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
Final Regulatory Flexibility Analysis
12. As required by the Regulatory
Flexibility Act of 1980 (RFA), as
amended, an Initial Regulatory
Flexibility Analysis (IRFA) was
incorporated into the Call Blocking
Fourth Report and Order. The
Commission sought written public
comment on the proposals in the NPRM,
including comment on the IRFA. This
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
13. Need for, and Objectives of, the
Order. The Order on Reconsideration
reconsiders and clarifies certain aspects
of the transparency and redress
requirements adopted in the Call
Blocking Fourth Report and Order to
ensure that voice service providers
continue to block unwanted and illegal
calls, while also protecting the interests
of legitimate callers and consumers. The
rules adopted in the Order on
Reconsideration help clarify certain
aspects of our rules while promoting
greater flexibility for voice service
providers in meeting the obligations set
forth in the Call Blocking Fourth Report
and Order.
14. Summary of Significant Issues
Raised by Public Comments in Response
to the IRFA. The Commission responded
to all significant issues raised in
response to the IRFA in the Call
Blocking Fourth Report and Order.
15. Response to Comments by the
Chief Counsel for Advocacy of the Small
Business Administration. Pursuant to
the Small Business Jobs Act of 2010,
which amended the RFA, the
Commission is required to respond to
any comments filed by the Chief
Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments. The Chief
Counsel did not file any comments in
response to the proposed rules in this
proceeding.
16. Description of Projected
Reporting, Recordkeeping, and Other
Compliance Requirements. This Order
on Reconsideration does not adopt any
new reporting, recordkeeping, or other
compliance requirements for small
entities.
17. Steps Taken to Minimize
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered. The RFA requires an
agency to describe any significant
alternatives that it has considered in
reaching its approach, which may
include the following four alternatives
(among others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities. The Order on
Reconsideration relieves a burden on
small voice service providers by
allowing such providers more flexibility
in meeting the immediate notification
requirements adopted in the Call
Blocking Fourth Report and Order.
List of Subjects in 47 CFR Part 64
Communications common carriers,
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 part 64 as
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
■1. The authority citation for part 64
continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201,
202, 217, 218, 220, 222, 225, 226, 227, 227b,
228, 251(a), 251(e), 254(k), 262, 276,
403(b)(2)(B), (c), 616, 620, 1401–1473, unless
otherwise noted; Pub. L. 115–141, Div. P, sec.
503, 132 Stat. 348, 1091.
■2. Effective January 31, 2022, amend
§ 64.1200 by revising paragraphs (k)(9)
introductory text and (k)(9)(i) to read as
follows:
§ 64.1200 Delivery restrictions.
* * * * *
(k) * * *
(9) Any terminating provider that
blocks calls based on any analytics
program, either itself or through a third-
party blocking service, must
immediately return, and all voice
service providers in the call path must
transmit, an appropriate response code
to the origination point of the call. For
purposes of this rule, an appropriate
response code is:
(i) In the case of a call terminating on
an IP network, the use of Session
Initiation Protocol (SIP) code 603, 607,
or 608;
* * * * *
■3. Delayed indefinitely, further amend
§ 64.1200 by revising paragraph (k)(10)
to read as follows:
§ 64.1200 Delivery restrictions.
* * * * *
(k) * * *
(10) Any terminating provider that
blocks calls pursuant to an opt-out or
opt-in analytics program, either itself or
through a third-party blocking service,
must provide, at the request of the
subscriber to a number, at no additional
charge and within 3 business days of
such a request, a list of calls to that
number, including the date and time of
the call and the calling number, that the
terminating provider or its designee
blocked pursuant to such analytics
program within the 28 days prior to the
request.
* * * * *
[FR Doc. 2021–28212 Filed 12–29–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
[Docket DARS–2021–0026]
RIN 0750–AL50
Defense Federal Acquisition
Regulation Supplement: Trade
Agreements Thresholds (DFARS Case
2022–D003)
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 incorporate revised
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative.
DATES
: Effective January 1, 2022.
FOR FURTHER INFORMATION CONTACT
: Ms.
Kimberly Bass, 571–372–6174.
SUPPLEMENTARY INFORMATION
:
I. Background
This rule adjusts thresholds for
application of the World Trade
Organization (WTO) Government
Procurement Agreement (GPA) and Free
Trade Agreements (FTA) as determined
by the United States Trade
Representative (USTR). The trade
agreements thresholds are adjusted
every two years according to
predetermined formulae set forth in the
agreements. The USTR has specified the
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74376
Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
following new thresholds in the Federal
Register (86 FR 67579, November 26, 2021), which are being implemented in
this rule:
Trade agreement
Supply
contract
(equal to or
exceeding)
Construction
contract
(equal to or
exceeding)
WTO GPA ................................................................................................................................................................ $183,000 $7,032,000
FTA:
Australia ............................................................................................................................................................ 92,319 7,032,000
Bahrain ............................................................................................................................................................. 183,000 12,001,460
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) ........... 92,319 7,032,000
Chile .................................................................................................................................................................. 92,319 7,032,000
Colombia ........................................................................................................................................................... 92,319 7,032,000
Korea ................................................................................................................................................................ 100,000 7,032,000
Morocco ............................................................................................................................................................ 183,000 7,032,000
Panama ............................................................................................................................................................ 183,000 7,032,000
Peru .................................................................................................................................................................. 183,000 7,032,000
Singapore ......................................................................................................................................................... 92,319 7,032,000
Updates for the United States-Mexico-
Canada Agreement (USMCA), which
superseded the North American Free
Trade Agreement (NAFTA), are not
included in this revision to the trade
agreements thresholds in the DFARS.
On January 29, 2020, the President
signed into law the United States-
Mexico-Canada Agreement
Implementation Act, through which
Congress approved the USMCA. On July
1, 2020, the USMCA entered into effect.
Although Canada is still a designated
country under the WTO GPA, Canada is
no longer a Free Trade Agreement
country, because chapter 13 of the
USMCA (Government procurement)
applies only to the United States and
Mexico. While updates to the DFARS to
implement the revisions resulting from
the USMCA are not implemented in this
final rule, implementation is being
accomplished via separate rulemaking
under DFARS Case 2020–D032. Changes
to the Federal Acquisition Regulation
(FAR) to implement the USMCA are
being accomplished under FAR Case
2020–014.
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. Subsection (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 only adjusts the
thresholds according to predetermined
formulae to account for changes in
economic conditions, thus maintaining
the status quo, without significant effect
beyond the internal operating
procedures of the Government.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Off-
the-Shelf Items
This rule amends the DFARS to revise
thresholds for application of the WTO
GPA and the FTA. The revisions do not
add any new burdens or impact
applicability of clauses and provisions
at or below the simplified acquisition
threshold or to commercial items.
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.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the final rule with
the form, Submission of Federal Rules
under the Congressional Review Act, to
the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States. A major
rule under the Congressional Review
Act cannot take effect until 60 days after
it is published in the Federal Register.
The Office of Information and
Regulatory Affairs has determined that
this rule is not a major rule as defined
by 5 U.S.C. 804.
VI. 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.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C chapter 35) does apply, because
the final rule affects the prescriptions
for use of the certification and
information collection requirements in
the provision at DFARS 252.225–7035,
Buy American-Free Trade Agreements—
Balance of Payments Program
Certificate, and the certification and
information collection requirements in
the provision at DFARS 252.225–7018,
Photovoltaic Devices—Certificate. The
changes to these DFARS provisions do
not impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0229,
entitled ‘‘DFARS Part 225, Foreign
Acquisition and related clauses,’’
because the threshold changes are in
line with inflation and maintain the
status quo.
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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
■1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
225.1101 [Amended]
■2. Amend section 225.1101 by—
■a. In paragraph (6) introductory text,
removing ‘‘$182,000’’ and adding
‘‘$183,000’’ in its place;
■b. In paragraph (10)(i) introductory
text, removing ‘‘$182,000’’ and adding
‘‘$183,000’’ in its place;
■c. In paragraph (10)(i)(A), removing
‘‘$182,000’’ and adding ‘‘$183,000’’ in
its place;
■d. In paragraph (10)(i)(B), removing
‘‘$83,099’’ and adding ‘‘92,319’’ in its
place;
■e. In paragraph (10)(i)(C), removing
‘‘$182,000’’ and adding ‘‘$183,000’’ in
its place; and
■f. In paragraphs (10)(i)(D) through (F),
removing ‘‘$83,099’’ and adding
‘‘92,319’’ in its place.
225.7017–3 [Amended]
■3. Amend section 225.7017–3 by—
■a. In paragraph (b), removing
‘‘$182,000’’ and adding ‘‘$183,000’’ in
its place; and
■b. In paragraph (c)(2), by removing
‘‘$180,000’’ and adding ‘‘$183,000’’ in
its place.
225.7503 [Amended]
■4. Amend section 225.7503 by—
■a. In paragraphs (a) introductory text
and (b) introductory text, removing
‘‘$7,008,000’’ and adding ‘‘$7,032,000’’
in its place;
■b. In paragraph (b)(1), removing
‘‘$10,802,884’’ and adding
‘‘$12,001,460’’ in its place;
■c. In paragraph (b)(2), removing
‘‘$7,008,000’’ and adding ‘‘$7,032,000’’
in its place, and removing
‘‘$10,802,884’’ and adding
‘‘$12,001,460’’ in its place;
■d. In paragraph (b)(3), removing
‘‘$10,802,884’’ and adding
‘‘$12,001,460’’ in its place; and
■e. In paragraph (b)(4), removing
‘‘$7,008,000’’ and adding ‘‘$7,032,000’’
in its place, and removing
‘‘$10,802,884’’ and adding
‘‘$12,001,460’’ in its place.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7017 [Amended]
■5. Amend section 252.225–7017 by—
■a. Removing clause date ‘‘(JAN 2020)’’
and adding ‘‘(JAN 2022)’’ in its place;
■b. In paragraphs (c)(2) and (3),
removing ‘‘$83,099’’ and adding
‘‘92,319’’ in its place; and
■c. In paragraphs (c)(4) and (5),
removing ‘‘$182,000’’ and adding
‘‘$183,000’’ in its place.
252.225–7018 [Amended]
■6. Amend section 252.225–7018 by—
■a. Removing clause date ‘‘(JAN 2020)’’
and adding ‘‘(JAN 2022)’’ in its place;
■b. In paragraphs (b)(1) and (2),
removing ‘‘$182,000’’ and adding
‘‘$183,000’’ in its place;
■c. In paragraphs (d)(3) introductory
text and (d)(4) introductory text,
removing ‘‘$83,099’’ and adding
‘‘92,319’’ in its place; and
■d. In paragraphs (d)(5) introductory
text and (d)(6) introductory text,
removing ‘‘$182,000’’ and adding
‘‘$183,000’’ in each place.
[FR Doc. 2021–28161 Filed 12–29–21; 8:45 am]
BILLING CODE 5001–06–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 801
[Docket No.: NTSB–2021–0006]
Internal Personnel Rules and Practices
of the NTSB; Corrections
AGENCY
: National Transportation Safety
Board (NTSB).
ACTION
: Correcting amendments.
SUMMARY
: This document corrects the
wording reflected in various sections in
part 801 as a result of the amendatory
language in the interim final rule (IFR)
published in the Federal Register (FR)
on October 4, 2021. The IFR amended
part 801, in pertinent part, by revising
all references to ‘‘public reading room’’
to read ‘‘electronic reading room’’.
Consequently, that revision resulted in
needless repetition of ‘‘electronic
reading room’’ in several part 801
regulations. This correction amends the
affected regulations to reflect the
agency’s original intent.
DATES
: Effective on December 30, 2021.
FOR FURTHER INFORMATION CONTACT
:
Kathleen Silbaugh, General Counsel,
(202) 314–6080, rulemaking@ntsb.gov.
SUPPLEMENTARY INFORMATION
: This
document corrects the wording of
certain regulations in part 801 affected
by the amendatory language reflected in
the IFR published in the FR on October
4, 2021. 86 FR 54641 (Oct. 4, 2021).
Specifically, the IFR amended part 801,
in part, by revising all references to
‘‘public reading room’’ to read
‘‘electronic reading room’’. As seen
below, that amendatory instruction
resulted in the needless repetition of the
word ‘‘electronic reading room’’ in 49
CFR 801.10(b)(2), 801.10(c), 801.30,
801.31, 801.32(b), 801.41.
For example, § 801.10(b)(2) originally
read that the NTSB’s Chief, Records
Management Division ‘‘[m]aintains a
public reference room and an electronic
reading room in accordance with 5
U.S.C. 552(a)(2). The NTSB’s public
reference room is located at 490
L’Enfant Plaza SW, Washington, DC.
The NTSB’s electronic reading room is
located on the NTSB’s FOIA website,
found at http://www.ntsb.gov/.’’
(Emphasis added.)
After the IFR, however, that
regulation currently provides that the
NTSB’s Chief, Records Management
Division ‘‘[m]aintains an electronic
reading room and an electronic reading
room in accordance with 5 U.S.C.
552(a)(2). The NTSB’s electronic reading
room is located at 490 L’Enfant Plaza
SW, Washington, DC. The NTSB’s
electronic reading room is located on
the NTSB’s FOIA website, found at
http://www.ntsb.gov/.’’ (Emphasis
added.)
To eliminate the redundancy, this
document will revise that section to
read: ‘‘Maintains an electronic reading
room in accordance with 5 U.S.C.
552(a)(2). The NTSB’s electronic reading
room is accessible on the NTSB’s FOIA
website at https://www.ntsb.gov/.’’
This document will further revise the
remaining affected regulations to reflect
the agency’s original intent for part 801.
List of Subjects in 49 CFR Part 801
Archives and records, Freedom of
information.
Accordingly, 49 CFR part 801 is
corrected by making the following
correcting amendments:
PART 801—PUBLIC AVAILABILITY OF
INFORMATION
■1. The authority citation for part 801
continues to read as follows:
Authority: 49 U.S.C. 1113(f); 5 U.S.C. 552;
18 U.S.C. 641, 2071; 31 U.S.C. 3717, 9701; 44
U.S.C. Chapters 21, 29, 31, and 33.
■2. Amend § 801.10 by revising
paragraphs (b)(2) and (c) introductory
text to read as follows:
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