Defense Federal Acquisition Regulation Supplement; Synchronized Predeployment and Operational Tracker (SPOT) (DFARS Case 2011-D030), 36883-36884 [2011-15373]
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Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations
requirements beyond those required by
State law. Accordingly, I certify that this
rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
4. Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) does not apply to this
rule because it will not have federalism
implications (i.e., substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government).
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000) does not apply to
this rule because it will not have tribal
implications (i.e., substantial direct
effects on one or more Indian tribes, or
on the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.)
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
erowe on DSK5CLS3C1PROD with RULES
This rule is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant as defined in Executive
Order 12866 and because the EPA does
not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action as defined in
Executive Order 12866.
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9. National Technology Transfer
Advancement Act
EPA approves State programs as long
as they meet criteria required by RCRA,
so it would be inconsistent with
applicable law for EPA, in its review of
a State program, to require the use of
any particular voluntary consensus
standard in place of another standard
that meets requirements of RCRA. 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 to this rule.
10. Executive Order 12988
As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this 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.
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
EPA has complied with Executive
Order 12630 (53 FR 8859, March 18,
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.
12. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Because this rule proposes
authorization of pre-existing State rules
and imposes no additional requirements
beyond those imposed by State law and
there are no anticipated significant
adverse human health or environmental
effects, the rule is not subject to
Executive Order 12898 (59 FR 7629,
February 16, 1994).
13. Congressional Review Act
EPA will submit a report containing
this rule and other information required
by the Congressional Review Act (5
U.S.C. 801 et seq.) to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
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36883
Hazardous materials transportation,
Hazardous waste, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: June 6, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011–15751 Filed 6–22–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225, 242, and 252
RIN 0750–AH26
Defense Federal Acquisition
Regulation Supplement; Synchronized
Predeployment and Operational
Tracker (SPOT) (DFARS Case 2011–
D030)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to modify terminology and
address internal contract administration
requirements associated with the
Synchronized Predeployment and
Operational Tracker (SPOT) system.
DATES: Effective date: June 23, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Telephone 703–602–
1302.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This DFARS case updates
nomenclature associated with the letter
of authorization required for contractor
personnel to process through a
deployment center or travel to, from, or
within a designated operational area
(see DFARS 225.7402–3). This final rule
will revise the generic letter of
authorization to use the formal title of
‘‘Synchronized Predeployment and
Operational Tracker (SPOT)-generated
letter of authorization.’’ The change in
title is being made at DFARS 225.7402–
3(e) and in the clause at 252.225–7040,
Contractor Personnel Authorized to
Accompany U.S. Armed Forces
Deployed Outside the United States.
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36884
Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations
In addition, the contract
administration functions at DFARS
242.302 have been amended to add a
requirement for DoD contract
administrators, when the contract
incorporates the clause at 252.225–7040,
to ensure implementation of, and
maintain surveillance over, contractor
compliance with the SPOT business
rules.
public comment under 41 U.S.C. 1707 is
not required.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
List of Subjects in 48 CFR Parts 225,
242, and 252
Government procurement.
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III. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because an initial
regulatory flexibility analysis is only
required for proposed or interim rules
that require publication for public
comment (5 U.S.C. 603) and a final
regulatory flexibility analysis is only
required for final rules that were
previously published for public
comment, and for which an initial
regulatory flexibility analysis was
prepared (5 U.S.C. 604).
This final rule does not constitute a
significant DFARS revision as defined at
FAR 1.501–1 because this rule will not
have a significant cost or administrative
impact on contractors or offerors, or a
significant effect beyond the internal
operating procedures of the
Government. Therefore, publication for
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Jkt 223001
IV. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225, 242, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225, 242, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
2. In section 225.7402–3, revise
paragraph (e) to read as follows:
■
225.7402–3
Government support.
*
*
*
*
*
(e) Contractor personnel must have a
Synchronized Predeployment and
Operational Tracker (SPOT)-generated
letter of authorization (LOA) signed by
the contracting officer in order to
process through a deployment center or
to travel to, from, or within the
designated operational area. The LOA
also will identify any additional
authorizations, privileges, or
Government support that the contractor
personnel are entitled to under the
contract. For a sample LOA, see the Web
site provided at PGI 225.7402–5(a)(iv).
■ 3. In section 225.7402–5, revise
paragraph (b) to read as follows:
225.7402–5
Contract clauses.
*
*
*
*
*
(b) For additional guidance on clauses
to consider when using the clause at
252.225–7040, see PGI 225.7402–5(b).
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PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
4. In section 242.302, add paragraph
(a)(S–72) to read as follows:
■
242.302
Contract administration functions.
(a) * * *
(S–72) Ensure implementation of the
Synchronized Predeployment and
Operational Tracker (SPOT) by the
contractor and maintain surveillance
over contractor compliance with SPOT
business rules available at the Web site
provided at PGI 225.7402–5(a)(iv) for
contracts incorporating the clause at
252.225–7040, Contractor Personnel
Authorized to Accompany U.S. Armed
Forces Deployed Outside the United
States.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. In section 252.225–7040, remove
the clause date ‘‘(JUL 2009)’’ and add in
its place ‘‘(JUN 2011)’’, and revise
paragraph (c)(4) to read as follows:
■
252.225–7040 Contractor Personnel
Authorized To Accompany U.S. Armed
Forces Deployed Outside the United States.
*
*
*
*
*
(c) * * *
(4) Contractor personnel must have a
Synchronized Predeployment and
Operational Tracker (SPOT)-generated
letter of authorization signed by the
Contracting Officer in order to process
through a deployment center or to travel
to, from, or within the designated
operational area. The letter of
authorization also will identify any
additional authorizations, privileges, or
Government support that Contractor
personnel are entitled to under this
contract.
*
*
*
*
*
[FR Doc. 2011–15373 Filed 6–22–11; 8:45 am]
BILLING CODE 5001–08–P
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]]>Agencies
[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36883-36884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15373]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225, 242, and 252
RIN 0750-AH26
Defense Federal Acquisition Regulation Supplement; Synchronized
Predeployment and Operational Tracker (SPOT) (DFARS Case 2011-D030)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to modify terminology and
address internal contract administration requirements associated with
the Synchronized Predeployment and Operational Tracker (SPOT) system.
DATES: Effective date: June 23, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Telephone 703-
602-1302.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case updates nomenclature associated with the letter of
authorization required for contractor personnel to process through a
deployment center or travel to, from, or within a designated
operational area (see DFARS 225.7402-3). This final rule will revise
the generic letter of authorization to use the formal title of
``Synchronized Predeployment and Operational Tracker (SPOT)-generated
letter of authorization.'' The change in title is being made at DFARS
225.7402-3(e) and in the clause at 252.225-7040, Contractor Personnel
Authorized to Accompany U.S. Armed Forces Deployed Outside the United
States.
[[Page 36884]]
In addition, the contract administration functions at DFARS 242.302
have been amended to add a requirement for DoD contract administrators,
when the contract incorporates the clause at 252.225-7040, to ensure
implementation of, and maintain surveillance over, contractor
compliance with the SPOT business rules.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
an initial regulatory flexibility analysis is only required for
proposed or interim rules that require publication for public comment
(5 U.S.C. 603) and a final regulatory flexibility analysis is only
required for final rules that were previously published for public
comment, and for which an initial regulatory flexibility analysis was
prepared (5 U.S.C. 604).
This final rule does not constitute a significant DFARS revision as
defined at FAR 1.501-1 because this rule will not have a significant
cost or administrative impact on contractors or offerors, or a
significant effect beyond the internal operating procedures of the
Government. Therefore, publication for public comment under 41 U.S.C.
1707 is not required.
IV. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 225, 242, and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225, 242, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225, 242, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. In section 225.7402-3, revise paragraph (e) to read as follows:
225.7402-3 Government support.
* * * * *
(e) Contractor personnel must have a Synchronized Predeployment and
Operational Tracker (SPOT)-generated letter of authorization (LOA)
signed by the contracting officer in order to process through a
deployment center or to travel to, from, or within the designated
operational area. The LOA also will identify any additional
authorizations, privileges, or Government support that the contractor
personnel are entitled to under the contract. For a sample LOA, see the
Web site provided at PGI 225.7402-5(a)(iv).
0
3. In section 225.7402-5, revise paragraph (b) to read as follows:
225.7402-5 Contract clauses.
* * * * *
(b) For additional guidance on clauses to consider when using the
clause at 252.225-7040, see PGI 225.7402-5(b).
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
4. In section 242.302, add paragraph (a)(S-72) to read as follows:
242.302 Contract administration functions.
(a) * * *
(S-72) Ensure implementation of the Synchronized Predeployment and
Operational Tracker (SPOT) by the contractor and maintain surveillance
over contractor compliance with SPOT business rules available at the
Web site provided at PGI 225.7402-5(a)(iv) for contracts incorporating
the clause at 252.225-7040, Contractor Personnel Authorized to
Accompany U.S. Armed Forces Deployed Outside the United States.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. In section 252.225-7040, remove the clause date ``(JUL 2009)'' and
add in its place ``(JUN 2011)'', and revise paragraph (c)(4) to read as
follows:
252.225-7040 Contractor Personnel Authorized To Accompany U.S. Armed
Forces Deployed Outside the United States.
* * * * *
(c) * * *
(4) Contractor personnel must have a Synchronized Predeployment and
Operational Tracker (SPOT)-generated letter of authorization signed by
the Contracting Officer in order to process through a deployment center
or to travel to, from, or within the designated operational area. The
letter of authorization also will identify any additional
authorizations, privileges, or Government support that Contractor
personnel are entitled to under this contract.
* * * * *
[FR Doc. 2011-15373 Filed 6-22-11; 8:45 am]
BILLING CODE 5001-08-P
