Defense Federal Acquisition Regulation Supplement; Technical Amendments, 62559-62560 [E6-17954]

Download as PDF Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. I 2. A new temporary section § 100.35T07–06–191 is added to read as follows: Technical Standards (a) Regulated Area. The regulated area is defined as all waters located between the width of the Savannah River bounded on the northern end by the U.S. Highway 17 (Talmadge) Bridge across the Savannah River and on the southern end by a line drawn at 146 degrees True from Day Board 62 on the left descending bank of the Savannah River. (b) Definitions. The following definitions apply to this section: Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Charleston, Charleston, South Carolina. (c) Special Local Regulations. Entry into the regulated area in paragraph (a) by other than event participants is prohibited unless otherwise authorized by the Coast Guard Patrol Commander. If entry is authorized, all persons shall be required to follow the instructions of the Coast Guard Patrol Commander. At the completion of scheduled races and departure of participants from the regulated area, and between scheduled racing events, traffic may resume normal operations, at the discretion of the Coast Guard Patrol Commander. (d) Enforcement period. This section will be enforced from 7 a.m. through 9 p.m. on November 4 and 5, 2006. (e) Effective period. This section is effective from 7 a.m. on November 4, 2006, until 9 p.m. on November 5, 2006. § 100.35T07–06–191 ChampBoat Grand Prix of Savannah; Savannah, Georgia. The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321– 4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2– 1, paragraph (34)(h) of the Instruction from further environmental documentation. Under figure 2–1, paragraph (34)(h), of the Instruction, an ‘‘Environmental Analysis Check List’’ is not required for this rule. Dated: October 16, 2006. D.W. Kunkel, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E6–17849 Filed 10–25–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF DEFENSE For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: 48 CFR Parts 208, 209, and 225 Defense Federal Acquisition Regulation Supplement; Technical Amendments ycherry on PROD1PC64 with RULES PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. 15:19 Oct 25, 2006 Jkt 211001 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 208, 209, and 225 are amended as follows: I 1. The authority citation for 48 CFR parts 208, 209, and 225 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES 208.7400 [Amended] 2. Section 208.7400 is amended in paragraph (d) by removing ‘‘8.404(b)(4)’’ and adding in its place ‘‘8.405 and 208.405–70’’. I 3. Section 209.105–2 is revised to read as follows: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. 209.105–2 Determinations and documentation. (a) The contracting officer shall submit a copy of a determination of nonresponsibility to the appropriate debarring and suspending official listed in 209.403. AGENCY: 1. The authority citation for part 100 continues to read as follows: I VerDate Aug<31>2005 List of Subjects in 48 CFR Parts 208, 209, and 225 I Defense Acquisition Regulations System I SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update cross-references and to add a reference to the DFARS companion resource, Procedures, Guidance, and Information. EFFECTIVE DATE: October 26, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0311; facsimile (703) 602–0350. SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as follows: • Sections 208.7400 and 209.105–2. Updates cross-references. • Section 225.004. Adds a reference to reporting instructions found in the DFARS companion resource, Procedures, Guidance, and Information (PGI). PART 209—CONTRACTOR QUALIFICATIONS List of Subjects in 33 CFR Part 100 Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 62559 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 PART 225—FOREIGN ACQUISITION 4. Section 225.004 is added to read as follows: I E:\FR\FM\26OCR1.SGM 26OCR1 62560 Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations 225.004 Reporting of acquisition of end products manufactured outside the United States. Follow the procedures at PGI 225.004 for entering the data upon which the report required by FAR 25.004 will be based. [FR Doc. E6–17954 Filed 10–25–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212, 222, and 252 RIN 0750–AF11 Defense Federal Acquisition Regulation Supplement; Combating Trafficking in Persons (DFARS Case 2004–D017) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. ycherry on PROD1PC64 with RULES AGENCY: SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD policy prohibiting activities on the part of DoD contractors and contractor employees that support or promote trafficking in persons. The rule contains a clause for use in contracts performed outside the United States. DATES: Effective date: October 26, 2006. Comment date: Comments on the interim rule should be submitted to the address shown below on or before December 26, 2006, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2004–D017, using any of the following methods: Æ Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Æ E-mail: dfars@osd.mil. Include DFARS Case 2004–D017 in the subject line of the message. Æ Fax: (703) 602–0350. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Æ Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. VerDate Aug<31>2005 15:19 Oct 25, 2006 Jkt 211001 FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602–0328. SUPPLEMENTARY INFORMATION: A. Background This interim rule implements (1) a memorandum issued by the Secretary of Defense on September 16, 2004, which states that trafficking practices will not be tolerated in DoD contractor organizations or their subcontractors in supporting DoD operations, and (2) a memorandum issued by the Deputy Secretary of Defense on January 30, 2004, which states as an objective that, consistent with U.S. and host-nation law, provisions should be incorporated in overseas service contracts that prohibit any activities on the part of contractor employees that support or promote trafficking in persons and that impose suitable penalties on contractors who fail to monitor the conduct of their employees. The January 30, 2004, memorandum cites National Security Presidential Directive/NSPD–22, which decrees that all departments of the U.S. Government will take a ‘‘zero tolerance’’ approach to trafficking in persons. DoD published a proposed rule at 70 FR 35603 on June 21, 2005, to implement the DoD policy prohibiting trafficking in persons in all contracts performed outside the United States. Two respondents submitted comments on the proposed rule. Subsequently, on April 19, 2006 (71 FR 20301), an interim rule amending the Federal Acquisition Regulation (FAR) was published to implement 22 U.S.C. 7104, as amended by the Trafficking Victims Protection Reauthorization Act of 2003 (Pub. L. 108–193) and the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164). The FAR rule contains a new Subpart 22.17, Combating Trafficking in Persons, with an associated contract clause, and prohibits severe forms of trafficking in persons, procurement of commercial sex acts, and the use of forced labor by Government contractors or subcontractors or their employees. The FAR rule applies to service contracts, other than commercial service contracts awarded under FAR Part 12. This interim DFARS rule supplements the interim FAR rule published on April 19, 2006, and also contains changes made as a result of public comments received on the proposed DFARS rule published on June 21, 2005. The DFARS rule extends the FAR prohibitions on severe forms of trafficking in persons and use of forced labor to all DoD contracts performed outside the United States, and extends the FAR prohibition on the procurement of commercial sex acts to all DoD service and construction PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 contracts performed outside the United States. Many of DoD’s contracts performed outside the United States are susceptible to trafficking in persons due to the difficult working conditions (e.g., war zones, extreme climate). Also, DoD has significant numbers and varying types of contracts and subcontracts being performed outside the United States (e.g., supplies, food services, logistics services, guard services, maintenance services, construction) and seeks to prevent instances of trafficking in persons in all such contracts. For example, if a contract or subcontract has been awarded for cleaning services and the contracting officer discovers that the contractor is using forced labor, DoD wants to be able to take action against the contractor. As another example, if a contractor employee working on a DoD logistics support contract ‘‘purchases’’ an individual (i.e., slavery/indentured servitude), DoD wants the contractor to take action against that employee. The DFARS text is included in Part 222, instead of the proposed rule location of Part 225, for consistency with the location of the corresponding FAR text. The new clause at DFARS 252.222–7006, Combating Trafficking in Persons, requires DoD contractors performing outside the United States to take appropriate action against employees who engage in activities prohibited by the clause; to include the substance of the clause in all subcontracts performed outside the United States; and to include the substance of the clause in subcontracts performed in the United States when both the contract and the subcontract are for services (other than commercial services). The following is a discussion of the public comments received in response to the proposed rule published on June 21, 2005, and the resulting changes included in this interim rule. 1. Comments Related to Policy and Clause Prescription a. Comment: One respondent recommended that DoD withhold any further action on this DFARS rule pending completion of the FAR rule on this subject. DoD Response: DoD has incorporated most of the language of the FAR interim rule into this interim DFARS rule. The DFARS rule implements DoD policy and has broader application than the FAR rule. Therefore, it is not necessary for the FAR rule to be finalized prior to proceeding with this DFARS rule. b. Comment: One respondent expressed concerns about imposing the ‘‘full brunt’’ of the contract clause in all E:\FR\FM\26OCR1.SGM 26OCR1

Agencies

[Federal Register Volume 71, Number 207 (Thursday, October 26, 2006)]
[Rules and Regulations]
[Pages 62559-62560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17954]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 208, 209, and 225


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

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

ACTION: Final rule.

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

SUMMARY: DoD is making technical amendments to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update cross-references 
and to add a reference to the DFARS companion resource, Procedures, 
Guidance, and Information.

EFFECTIVE DATE: October 26, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0311; facsimile (703) 602-0350.

SUPPLEMENTARY INFORMATION:
    This final rule amends DFARS text as follows:
     Sections 208.7400 and 209.105-2. Updates cross-references.
     Section 225.004. Adds a reference to reporting 
instructions found in the DFARS companion resource, Procedures, 
Guidance, and Information (PGI).

List of Subjects in 48 CFR Parts 208, 209, and 225

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 208, 209, and 225 are amended as follows:
0
1. The authority citation for 48 CFR parts 208, 209, and 225 continues 
to read as follows:

     Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES


208.7400  [Amended]

0
2. Section 208.7400 is amended in paragraph (d) by removing 
``8.404(b)(4)'' and adding in its place ``8.405 and 208.405-70''.

PART 209--CONTRACTOR QUALIFICATIONS

0
3. Section 209.105-2 is revised to read as follows:


209.105-2  Determinations and documentation.

    (a) The contracting officer shall submit a copy of a determination 
of nonresponsibility to the appropriate debarring and suspending 
official listed in 209.403.

PART 225--FOREIGN ACQUISITION

0
4. Section 225.004 is added to read as follows:

[[Page 62560]]

225.004  Reporting of acquisition of end products manufactured outside 
the United States.

    Follow the procedures at PGI 225.004 for entering the data upon 
which the report required by FAR 25.004 will be based.

[FR Doc. E6-17954 Filed 10-25-06; 8:45 am]
BILLING CODE 5001-08-P