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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
in-vitro diagnostic reagents/test kits; but does not include devices or their components, parts, or accessories.
Contraceptives, including condoms, are not included in this definition.
Prohibited sources means countries to which assistance is prohibited by the annual appropriations acts of Congress or other statutes, or those subject to other executive branch restrictions, such as applicable sanctions administered by the U.S. Treasury Departments Office of Foreign Assets Control. USAID
maintains a list of prohibited sources, available in USAIDs Automated Directives System, ADS 310.
Recipients and contractors. Recipient has the same meaning as defined in 22
CFR 226.02, except that it shall include non-U.S. individuals, entities and organizations, as well as subrecipients.
Contractors mean those entities which enter into a contract, as the term is defined in 48 CFR part 2, with the U.S.
Government, and includes subcontractors.
Services means the performance of identifiable tasks, rather than the delivery of an end item of supply.
Source means the country from which a commodity is shipped to the cooperating/recipient country or the cooperating/recipient country itself if the commodity is located therein at the time of the purchase, irrespective of the place of manufacture or production, unless it is a prohibited source country.
Where, however, a commodity is shipped from a free port or bonded warehouse in the form in which received therein, source means the country from which the commodity was shipped to the free port or bonded warehouse.
Supplier means any person or organization, governmental or otherwise, who furnishes services, commodities, and/or commodity related services, including delivery or incidental services, financed by USAID.
United States means the United States of America, any States of the United States, the District of Columbia, and areas of U.S. associated sovereignty, including commonwealths, territories, and possessions.
USAID means the United States Agency for International Development or any successor agency, including when applicable, each USAID Mission or office abroad.
USAID Principal Geographic Code means a USAID code which designates a country, a group of countries, or an otherwise defined area. The USAID
principal geographic codes for purposes of procurement are described in 228.03.
3. Revise 228.11 to read as follows:

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228.11

Source of commodities.

The source of all commodities financed with Federal program funds appropriated under the Foreign Assistance Act of 1961, as amended, shall be Code 937 unless Code 935 or 110 are designated in the implementing instrument. Procurements of agricultural commodities, motor vehicles, and pharmaceuticals must also comply with the special procurement rules in 228.19. Recipients and contractors are prohibited from engaging suppliers of commodities in an authorized country to import commodities from a country outside of the authorized principal geographic codes for the purposes of circumventing the requirements of this section. Any violation of the prohibition in the preceding sentence will result in the disallowance by USAID of the cost of the procurement of the subject commodity.
4. Revise 228.30 to read as follows:
228.30

FR Doc. 202109821 Filed 5721; 8:45 am BILLING CODE 611602P

General.

USAID may waive the rules contained in subparts A, B, and C of this part except for prohibited sources as defined in 228.01, and 228.21 and 228.22, in order to accomplish project or program objectives. For any waivers authorized, the principal geographic code shall be Code 935, any area or country but excluding prohibited sources. All waivers must be in writing, and where applicable, are limited to the term established by the waiver. All waiver decisions will be made solely on the basis of the following criteria:
a Waivers to permit procurement outside of Code 937 or 110 must be based on a case by case determination that:
1 The provision of assistance requires commodities or services of the type that are not produced in and available for purchase in Code 937 or 110;
2 It is important to permit procurement from a country not specified in Code 937 or 110 to meet unforeseen circumstances; or 3 To promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
b Case by case waivers under paragraph a of this section may be made on the basis of a commodity or service type or category, rather than processing repeat, individual waivers for an identical or substantially similar commodity or service. Such waivers may be approved on a regional, country, or program basis. For purposes of paragraph a1 of this section,
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produced in and available for purchase in shall have the same meaning as the definition of available for purchase in 228.01. A waiver under paragraph a1 of this section may also be based on the fact that a commodity is not available for purchase in Code 937 or 110 in sufficient, reasonable, and available quantities or sufficient and reasonable quality that is fit for the intended purpose.
c A waiver to authorize procurement from outside the United States of agricultural commodities, motor vehicles, and pharmaceuticals must meet the requirements of 228.19.
d Any individual transaction not exceeding $25,000 excluding those covered by special procurement rules in 228.19, and excluding procurements from prohibited sources does not require a waiver and is hereby authorized.

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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210287
RIN 1625AA00

Safety Zone; Lower Mississippi River, Mile Marker 770, Randolph Bluff, TN
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Lower Mississippi River LMR, Mile Marker 762 through 782. The safety zone is needed to protect persons, property, and the marine environment from the potential safety hazards associated with a rock replacement project in the vicinity of Randolph Bluff, TN. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Sector Lower Mississippi River or a designated representative.

SUMMARY:

This rule is effective without actual notice from May 10, 2021 until May 31, 2021. For the purposes of enforcement, actual notice will be used from April 27, 2021, until May 10, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0287 in the SEARCH box and click DATES:

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10MYR1