Defense Federal Acquisition Regulation Supplement; Definition of Sexual Assault (DFARS Case 2010-D023), 73997 [2010-30090]
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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Proposed Rules
Dated: November 17, 2010.
W.C. Early,
Acting Regional Administrator, EPA Region
III.
[FR Doc. 2010–30103 Filed 11–29–10; 8:45 am]
BILLING CODE 6560–50–P
• To confirm receipt of your
comment(s), please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting (except allow 30 days for
posting of comments submitted by
mail).
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
I. Background
48 CFR Part 252
Defense Federal Acquisition
Regulation Supplement; Definition of
Sexual Assault (DFARS Case 2010–
D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS),
regarding Contractor Personnel
Authorized to Accompany U.S. Armed
Forces Deployed Outside the United
States, to ensure contractor employees
are aware of the DoD definition of
‘‘sexual assault’’ as defined in DoD
Directive 6495.01, Sexual Assault
Prevention and Response (SAPR)
Program. In addition to ensuring an
awareness of the definition, the
proposed change will inform contractors
that, for contractor employees
accompanying U.S. Armed Forces, such
offenses are covered under the Uniform
Code of Military Justice.
DATES: Comments on this proposed rule
should be submitted in writing to the
address shown below on or before
January 31, 2011, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2010–D023,
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 2010–D023 in the subject
line of the message.
• Fax: 703–602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. Julian E.
Thrash, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
• Comments received generally will
be posted without change to https://
www.regulations.gov, including any
personal information provided.
SUMMARY:
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Mr.
Julian E. Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
15:12 Nov 29, 2010
Jkt 223001
DoD Inspector General audit D–2010–
052, entitled ‘‘Efforts to Prevent Sexual
Assault/Harassment Involving DoD
Contractors During Contingency
Operations,’’ dated April 16, 2010,
provided recommendations for the
Under Secretary of Defense for
Acquisition, Technology, and Logistics
to develop requirements in all DoD
contracts supporting contingency
operations to ensure contractor
employees accompanying U.S. Armed
Forces are aware of the definition of
‘‘sexual assault,’’ as defined in DoD
Directive 6495.01, Sexual Assault
Prevention and Response (SAPR)
Program (https://www.dtic.mil/whs/
directives/corres/pdf/649501p.pdf.)
This proposed change will add a new
item for compliance with laws and
regulations at DFARS 252.225–
7040(d)(3). This change would require
that contractor employees
accompanying U.S. Armed Forces are
aware of the DoD definition of ‘‘sexual
assault’’ as defined in DoD Directive
6495.01, Sexual Assault Prevention and
Response Program. It would also inform
contractor employees accompanying
U.S. Armed Forces, that such offenses
are covered under the Uniform Code of
Military Justice, Title 10, Chapter 47
(https://www.constitution.org/mil/
ucmj19970615.htm).
II. 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 20, 1993. This is not a
major rule under 5 U.S.C. 804.
III. 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 rule does not impose any
additional requirements on small
businesses. DFARS 252.225–
7040(e)(2)(iv) already informs
contractors that contractor personnel
authorized to accompany U.S. Armed
Forces in the field are subject to the
PO 00000
Frm 00015
Fmt 4702
Sfmt 9990
73997
jurisdiction of the Uniform Code of
Military Justice. This proposed change
clarifies that sexual assault is an offense
covered under the Uniform Code of
Military Justice. Therefore, DoD has not
performed an Initial Regulatory
Flexibility Analysis.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS case 2010–D023) in
correspondence.
IV. 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.
Clare M. Zebrowski,
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. Amend section 252.225–7040 by
adding paragraph (d)(3), to read as
follows:
252.225–7040 Contractor Personnel
Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States.
*
*
*
*
*
(d) * * *
(3) The Contractor shall ensure
contractor employees accompanying
U.S. Armed Forces are aware of the DoD
definition of ‘‘sexual assault’’ in DoDD
6495.01, Sexual Assault Prevention and
Response Program, at https://
www.dtic.mil/whs/directives/corres/pdf/
649501p.pdf, and advise them that such
offenses are covered under the Uniform
Code of Military Justice (see paragraph
(e)(2)(iv) of this clause).
*
*
*
*
*
[FR Doc. 2010–30090 Filed 11–29–10; 8:45 am]
BILLING CODE 5001–08–P
E:\FR\FM\30NOP1.SGM
30NOP1
Agencies
[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Proposed Rules]
[Page 73997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30090]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
Defense Federal Acquisition Regulation Supplement; Definition of
Sexual Assault (DFARS Case 2010-D023)
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), regarding Contractor Personnel
Authorized to Accompany U.S. Armed Forces Deployed Outside the United
States, to ensure contractor employees are aware of the DoD definition
of ``sexual assault'' as defined in DoD Directive 6495.01, Sexual
Assault Prevention and Response (SAPR) Program. In addition to ensuring
an awareness of the definition, the proposed change will inform
contractors that, for contractor employees accompanying U.S. Armed
Forces, such offenses are covered under the Uniform Code of Military
Justice.
DATES: Comments on this proposed rule should be submitted in writing to
the address shown below on or before January 31, 2011, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2010-D023,
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 2010-D023 in the
subject line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Julian E. Thrash, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change
to https://www.regulations.gov, including any personal information
provided.
To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD Inspector General audit D-2010-052, entitled ``Efforts to
Prevent Sexual Assault/Harassment Involving DoD Contractors During
Contingency Operations,'' dated April 16, 2010, provided
recommendations for the Under Secretary of Defense for Acquisition,
Technology, and Logistics to develop requirements in all DoD contracts
supporting contingency operations to ensure contractor employees
accompanying U.S. Armed Forces are aware of the definition of ``sexual
assault,'' as defined in DoD Directive 6495.01, Sexual Assault
Prevention and Response (SAPR) Program (https://www.dtic.mil/whs/directives/corres/pdf/649501p.pdf.)
This proposed change will add a new item for compliance with laws
and regulations at DFARS 252.225-7040(d)(3). This change would require
that contractor employees accompanying U.S. Armed Forces are aware of
the DoD definition of ``sexual assault'' as defined in DoD Directive
6495.01, Sexual Assault Prevention and Response Program. It would also
inform contractor employees accompanying U.S. Armed Forces, that such
offenses are covered under the Uniform Code of Military Justice, Title
10, Chapter 47 (https://www.constitution.org/mil/ucmj19970615.htm).
II. 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 20, 1993. This is not a major rule
under 5 U.S.C. 804.
III. 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 rule
does not impose any additional requirements on small businesses. DFARS
252.225-7040(e)(2)(iv) already informs contractors that contractor
personnel authorized to accompany U.S. Armed Forces in the field are
subject to the jurisdiction of the Uniform Code of Military Justice.
This proposed change clarifies that sexual assault is an offense
covered under the Uniform Code of Military Justice. Therefore, DoD has
not performed an Initial Regulatory Flexibility Analysis.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS case 2010-D023) in
correspondence.
IV. 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.
Clare M. Zebrowski,
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. Amend section 252.225-7040 by adding paragraph (d)(3), to read
as follows:
252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States.
* * * * *
(d) * * *
(3) The Contractor shall ensure contractor employees accompanying
U.S. Armed Forces are aware of the DoD definition of ``sexual assault''
in DoDD 6495.01, Sexual Assault Prevention and Response Program, at
https://www.dtic.mil/whs/directives/corres/pdf/649501p.pdf, and advise
them that such offenses are covered under the Uniform Code of Military
Justice (see paragraph (e)(2)(iv) of this clause).
* * * * *
[FR Doc. 2010-30090 Filed 11-29-10; 8:45 am]
BILLING CODE 5001-08-P