National aeronautics and space administration

Federal Register: March 16, 2011 (Volume 76, Number 51)

Rules and Regulations

Page 14570

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr16mr11-20

Page 14570

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 22, 25, and 52

FAC 2005-50; FAR Case 2009-040; Item VII; Docket 2010-0092, Sequence 1

RIN 9000-AL57

Federal Acquisition Regulation; Trade Agreements Thresholds

AGENCIES: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to incorporate increased 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 Date: March 16, 2011.

FOR FURTHER INFORMATION CONTACT:

Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219-0202, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501- 4755. Please cite FAC 2005-50, FAR Case 2009-040.

SUPPLEMENTARY INFORMATION:

1. Background

   DoD, GSA, and NASA published an interim rule in the Federal

   Register at 75 FR 38689 on July 2, 2010, to incorporate increased thresholds for application of the World Trade Organization Government

   Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. Every two years, the trade agreements thresholds are adjusted according to a pre-determined formula under the agreements. These thresholds were effective on

   January 1, 2010. No public comments were received. DoD, GSA, and NASA have agreed to convert this FAR case from an interim to a final rule without change.

2. Executive Order 12866

   This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order 12866, Regulatory

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

3. Regulatory Flexibility Act

   The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory

   Flexibility Act, 5 U.S.C. 601, et seq., because the dollar threshold changes are designed to keep pace with inflation and thus maintain the status quo.

4. Paperwork Reduction Act

   The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 9000-0130, titled: Buy American Act-Free

   Trade Agreements-Israeli Trade Act Certificate; 9000-0025, titled: Buy

   American Act, Trade Agreements Act Certificate; and 9000-0141, titled:

   Buy American Act-Construction.

   List of Subjects in 48 CFR Parts 22, 25, and 52

   Government procurement.

   Dated: March 4, 2011.

   Millisa Gary,

   Acting Director, Office of Governmentwide Acquisition Policy.

   Interim Rule Adopted as Final Without Change 0

   Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52, which was published in the Federal Register at 75 FR 38689 on July 2, 2010, is adopted as a final rule without change.

   FR Doc. 2011-5558 Filed 3-15-11; 8:45 am

   BILLING CODE 6820-EP-P