Defense Federal Acquisition Regulation Supplement; DoD Law of War Program (DFARS Case 2006-D035), 1853-1854 [E8-176]

Download as PDF Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Proposed Rules inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This action proposing approval of Maryland’s SIP revision concerning emission limitations for NOX and SO2 at 15 coal-fired EGUs does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Reporting and recordkeeping requirements, Sulfur oxides. Authority: 42 U.S.C. 7401, et seq. Dated: December 27, 2007. William T. Wisniewski, Acting Regional Administrator, Region III. [FR Doc. E8–276 Filed 1–9–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2007–1104; FRL–8512–8] Revisions to the California State Implementation Plan, San Joaquin Valley Air Pollution Control District and Sacramento Metropolitan Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. yshivers on PROD1PC62 with PROPOSALS AGENCY: SUMMARY: EPA is proposing to approve revisions to the San Joaquin Valley Air Pollution Control District (SJVAPCD) and Sacramento Metropolitan Air Quality Management District (SMAQMD) portions of the California State Implementation Plan (SIP). These VerDate Aug<31>2005 14:28 Jan 09, 2008 Jkt 214001 revisions concern oxides of nitrogen (NOX) emissions from internal combustion engines and stationary gas turbines. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Any comments on this proposal must arrive by February 11, 2008. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2007–1104, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: ´˜ Francisco Donez, EPA Region IX, (415) 972–3956, Donez.Francisco@epa.gov. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 1853 This proposal addresses the following local rules: SJVAPCD Rule 4702 and SMAQMD Rule 413. In the Rules and Regulations section of this Federal Register, we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. SUPPLEMENTARY INFORMATION: Dated: December 5, 2007. Jane Diamond, Acting Regional Administrator, Region IX. [FR Doc. E8–174 Filed 1–9–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 252 RIN 0750–AF82 Defense Federal Acquisition Regulation Supplement; DoD Law of War Program (DFARS Case 2006– D035) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule with request for comments. AGENCY: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for DoD contractors to institute effective programs to prevent violations of law of war by contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before March 10, 2008 to be considered in the formation of the final rule. E:\FR\FM\10JAP1.SGM 10JAP1 1854 Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Proposed Rules You may submit comments, identified by DFARS Case 2006–D035, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2006–D035 in the subject line of the message. • Fax: 703–602–7887. • Mail: Defense Acquisition Regulations System, Attn: Ms. Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. • 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. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703–602–0328. SUPPLEMENTARY INFORMATION: ADDRESSES: A. Background This proposed rule amends the clause at DFARS 252.225–7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, to address requirements for DoD contractors to institute effective programs to prevent law of war violations by contractor personnel. The proposed rule requires that deploying contractor personnel receive appropriate law of war training, and that contractor personnel report any violations of the law of war to the appropriate authorities. The proposed rule is consistent with the policy in DoD Directive 2311.01E, DoD Law of War Program, dated May 9, 2006. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. yshivers on PROD1PC62 with PROPOSALS B. Regulatory Flexibility Act DoD does not expect this rule to 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 requirement to institute an effective program to prevent law of war violations need not be a costly endeavor, and can be tailored to the size of the company. Additionally, the required law of war training will be provided by the Government or through a web-based source. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will VerDate Aug<31>2005 14:28 Jan 09, 2008 Jkt 214001 consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2006-D035. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR part 252 as follows: PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 252.225–7040 is amended as follows: a. By revising the clause date; b. In paragraph (a), by adding a definition of ‘‘Law of war’’; c. By revising paragraph (d); and d. By adding paragraphs (e)(1)(vii) and (h)(3) to read as follows: 252.225–7040 Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. * * * * * Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States (XXX 2008) (a) * * * Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law. * * * * * (d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable— PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 (i) United States, host country, and third country national laws; (ii) Treaties, international agreements, and law of war; (iii) United States regulations, directives, instructions, policies, and procedures; and (iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals. (2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, to include law of war training in accordance with paragraph (e)(1)(vii) of this clause. (e) * * * (1) * * * (vii) Personnel have received law of war training as follows: (A) Basic training is required for all deploying personnel. The basic training will be provided through— (1) A military-run training center; or (2) A web-based source, if specified in the contract or approved by the Contracting Officer. (B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract. All advanced training will be conducted by Service Judge Advocates, and training content will be coordinated with the servicing legal advisor in the operational chain of command, within the appropriate geographic combatant command. * * * * * (h) * * * (3) Contractor personnel shall report to the commander of the unit they are accompanying or the installation to which they are assigned, or to the Combatant Commander, any suspected or alleged conduct for which there is credible information that— (i) Constitutes violation of the law of war; or (ii) Occurs during military operations other than war and would constitute a violation of the law of war if it occurred during an armed conflict. * * * * * [FR Doc. E8–176 Filed 1–9–08; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\10JAP1.SGM 10JAP1

Agencies

[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Proposed Rules]
[Pages 1853-1854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-176]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AF82


Defense Federal Acquisition Regulation Supplement; DoD Law of War 
Program (DFARS Case 2006-D035)

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

ACTION: Proposed rule with request for comments.

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

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address requirements for DoD 
contractors to institute effective programs to prevent violations of 
law of war by contractor personnel authorized to accompany U.S. Armed 
Forces deployed outside the United States.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before March 10, 2008 to be considered in 
the formation of the final rule.

[[Page 1854]]


ADDRESSES: You may submit comments, identified by DFARS Case 2006-D035, 
using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D035 in the 
subject line of the message.
     Fax: 703-602-7887.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     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 http:/
/www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule amends the clause at DFARS 252.225-7040, 
Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed 
Outside the United States, to address requirements for DoD contractors 
to institute effective programs to prevent law of war violations by 
contractor personnel. The proposed rule requires that deploying 
contractor personnel receive appropriate law of war training, and that 
contractor personnel report any violations of the law of war to the 
appropriate authorities. The proposed rule is consistent with the 
policy in DoD Directive 2311.01E, DoD Law of War Program, dated May 9, 
2006.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to 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 
requirement to institute an effective program to prevent law of war 
violations need not be a costly endeavor, and can be tailored to the 
size of the company. Additionally, the required law of war training 
will be provided by the Government or through a web-based source. 
Therefore, DoD has not performed an initial regulatory flexibility 
analysis. DoD invites comments from small businesses and other 
interested parties. DoD also will consider comments from small entities 
concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 
2006-D035.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 252

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR part 252 as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

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

    2. Section 252.225-7040 is amended as follows:
    a. By revising the clause date;
    b. In paragraph (a), by adding a definition of ``Law of war'';
    c. By revising paragraph (d); and
    d. By adding paragraphs (e)(1)(vii) and (h)(3) to read as follows:


252.225-7040  Contractor Personnel Authorized to Accompany U.S. Armed 
Forces Deployed Outside the United States.

* * * * *
Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed 
Outside the United States (XXX 2008)
    (a) * * *
    Law of war means that part of international law that regulates the 
conduct of armed hostilities. The law of war encompasses all 
international law for the conduct of hostilities binding on the United 
States or its individual citizens, including treaties and international 
agreements to which the United States is a party, and applicable 
customary international law.
* * * * *
    (d) Compliance with laws and regulations. (1) The Contractor shall 
comply with, and shall ensure that its personnel authorized to 
accompany U.S. Armed Forces deployed outside the United States as 
specified in paragraph (b)(1) of this clause are familiar with and 
comply with, all applicable--
    (i) United States, host country, and third country national laws;
    (ii) Treaties, international agreements, and law of war;
    (iii) United States regulations, directives, instructions, 
policies, and procedures; and
    (iv) Orders, directives, and instructions issued by the Combatant 
Commander, including those relating to force protection, security, 
health, safety, or relations and interaction with local nationals.
    (2) The Contractor shall institute and implement an effective 
program to prevent violations of the law of war by its employees and 
subcontractors, to include law of war training in accordance with 
paragraph (e)(1)(vii) of this clause.
    (e) * * *
    (1) * * *
    (vii) Personnel have received law of war training as follows:
    (A) Basic training is required for all deploying personnel. The 
basic training will be provided through--
    (1) A military-run training center; or
    (2) A web-based source, if specified in the contract or approved by 
the Contracting Officer.
    (B) Advanced training, commensurate with their duties and 
responsibilities, may be required for some Contractor personnel as 
specified in the contract. All advanced training will be conducted by 
Service Judge Advocates, and training content will be coordinated with 
the servicing legal advisor in the operational chain of command, within 
the appropriate geographic combatant command.
* * * * *
    (h) * * *
    (3) Contractor personnel shall report to the commander of the unit 
they are accompanying or the installation to which they are assigned, 
or to the Combatant Commander, any suspected or alleged conduct for 
which there is credible information that--
    (i) Constitutes violation of the law of war; or
    (ii) Occurs during military operations other than war and would 
constitute a violation of the law of war if it occurred during an armed 
conflict.
* * * * *

[FR Doc. E8-176 Filed 1-9-08; 8:45 am]
BILLING CODE 5001-08-P