Defense Federal Acquisition Regulation Supplement: Applicability of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-D047), 39141-39142 [2012-15565]
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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations
Mr.
Dustin Pitsch, telephone 571–372–6090.
SUPPLEMENTARY INFORMATION:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
FOR FURTHER INFORMATION CONTACT:
252.242–7003
I. Background
DoD published a final rule (DFARS
Case 2009–D004) in the Federal
Register at 76 FR 25569 on May 5, 2011,
to implement in the DFARS the DoD
policy addressing the serious human
health and environmental risks related
to the use of hexavalent chromium.
Hexavalent chromium is a chemical that
has been used in numerous DoD
weapons systems platforms due to its
corrosion protection properties.
However, hexavalent chromium is a
known carcinogen. The final rule,
codified in a new DFARS clause
252.223–7008, minimized the use of
materials containing hexavalent
chromium in items acquired by DoD.
Shortly after the final rule was
published, DoD became aware of a
drafting oversight and the need to
correct the text of final rule to reflect
DoD’s intent that the rule should apply
to commercial items. This rule corrects
that oversight.
DoD published a proposed rule in the
Federal Register at 76 FR 71926 on
November 21, 2011, to clarify the
applicability to commercial items of
DoD policies relating to the use of
materials containing hexavalent
chromium. One respondent submitted a
public comment in response to the
proposed rule.
[Removed and Reserved]
7. Remove and reserve section
252.242–7003.
■ 8. Add section 252.247–7028 to read
as follows:
■
252.247–7028 Application for U.S.
Government Shipping Documentation/
Instructions.
As prescribed in 247.207, use the
following clause:
APPLICATION FOR U.S. GOVERNMENT
SHIPPING DOCUMENTATION/
INSTRUCTIONS (JUN 2012)
(a) Except as provided in paragraph (b) of
this clause, the Contractor shall request bills
of lading by submitting a DD Form 1659,
Application for U.S. Government Shipping
Documentation/Instructions, to the—
(1) Transportation Officer, if named in the
contract schedule; or
(2) Contract administration office.
(b) If an automated system is available for
shipment requests, use service/agency
systems (e.g., Navy’s Global Freight
Management–Electronic Transportation
Acquisition (GFM–ETA) and Financial Air
Clearance Transportation System (FACTS)
Shipment Processing Module, Air Force’s
Cargo Movement Operations System,
DCMA’s Shipment Instruction Request (SIR)
E-tool, and DLA’s Distribution Standard
System Vendor Shipment Module in lieu of
DD Form 1659.
(End of clause)
[FR Doc. 2012–15568 Filed 6–28–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 244, and 252
RIN 0750–AH39
Defense Federal Acquisition
Regulation Supplement: Applicability
of Hexavalent Chromium Policy to
Commercial Items (DFARS Case 2011–
D047)
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 clarify the applicability to
commercial items of DoD policies
relating to the use of material containing
hexavalent chromium.
DATES: Effective Date: June 29, 2012.
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:24 Jun 28, 2012
Jkt 226001
II. Discussion and Analysis of the
Public Comments
DoD reviewed the public comment in
the development of the final rule, which
is discussed as follows.
Comment: The respondent stated that
requiring different standards for
chromated defense products than are
required of commercial products
imposes a significant cost related to the
need for additional training and wastes
already limited factory space. The
respondent also stated that bringing
defense product finishes into line with
commercial finishes without sacrificing
performance and maintaining a single
process should improve production,
efficiency, and quality.
Response: This comment is out of
scope as the rule does not modify the
DoD policy relating to the use of
hexavalent chromium, it only clarifies
the applicability of the previously
published final rule. As such, the
respondent’s concerns are misplaced
because this rule does not create any
new requirements for commercial
products; it simply makes clear the
scope of applicability of DFARS clause
252.223–7008.
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
39141
III. 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.
IV. Regulatory Flexibility Act
DoD certifies that this final rule will
not 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 this rule is just correcting a
drafting oversight in rule 2009–D004
published on May 5, 2011 (76 FR
25569).
V. 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 212,
244, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212, 244, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 244, and 252 continue to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Amend section 212.301 by—
a. Redesignating paragraphs (f)(iv)(G)
through (P) as paragraphs (f)(iv)(H)
through (Q); and
■ b. Adding new paragraph (f)(iv)(G) to
read as follows:
■
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
E:\FR\FM\29JNR3.SGM
29JNR3
39142
Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations
(iv) * * *
(G) Use the clause at 252.223–7008,
Prohibition of Hexavalent Chromium, as
prescribed at 223.7306.
*
*
*
*
*
PART 244—SUBCONTRACTING
POLICIES AND PROCEDURES
3. Revise section 244.403 to read as
follows:
■
244.403
Contract clause.
Use the clause at 252.244–7000,
Subcontracts for Commercial Items and
Commercial Components (DoD
Contracts), in solicitations and contracts
for supplies or services other than
commercial items that contain any of
the clauses listed in the clause at
252.244–7000.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Revise section 252.244–7000 to
read as follows:
■
252.244–7000 Subcontracts for
Commercial Items and Commercial
Components (DoD Contracts).
sroberts on DSK5SPTVN1PROD with RULES
As prescribed in 244.403, use the
following clause:
VerDate Mar<15>2010
18:24 Jun 28, 2012
Jkt 226001
SUBCONTRACTS FOR COMMERCIAL
ITEMS AND COMMERCIAL COMPONENTS
(DOD CONTRACTS) (JUN 2012)
In addition to the clauses listed in
paragraph (c) of the Subcontracts for
Commercial Items clause of this contract
(Federal Acquisition Regulation 52.244–6),
the Contractor shall include the terms of the
following clauses, if applicable, in
subcontracts for commercial items or
commercial components, awarded at any tier
under this contract:
(a) 252.223–7008, Prohibition of
Hexavalent Chromium (MAY 2011), if the
subcontract is for supplies, maintenance and
repair services, or construction materials.
(b) 252.225–7009, Restriction on
Acquisition of Certain Articles Containing
Specialty Metals (JUN 2012) (10 U.S.C.
2533b), if flow down is required in
accordance with paragraph (e) of DFARS
clause 252.225–7009.
(c) 252.225–7039, Contractors Performing
Private Security Functions (JUN 2012)
(Section 862 of Pub. L. 110–181, as amended
by section 853 of Pub. L. 110–417 and
sections 831 and 832 of Pub. L. 111–383), if
the subcontract will be performed in areas of
contingency operations, complex
contingency operations, or other military
operations or exercises designated by the
Combatant Commander.
(d) 252.227–7015, Technical Data—
Commercial Items (DEC 2011), if applicable
(see 227.7102–4(a)), if flow down is required
in accordance with paragraph (e) of DFARS
clause 252.227–7015.
(e) 252.227–7037, Validation of Restrictive
Markings on Technical Data (JUN 2012), if
applicable (see 227.7102–4(c)), if the
PO 00000
Frm 00018
Fmt 4701
Sfmt 9990
subcontract or supplier at any tier requires
the delivery of technical data.
(f) 252.236–7013, Requirement for
Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers
(JAN 2009) (Pub. L. 110–329, Division E,
Section 108), if the subcontract involves the
acquisition of steel as a construction
material.
(g) 252.237–7010, Prohibition on
Interrogation of Detainees by Contractor
Personnel (NOV 2010) (Section 1038 of Pub.
L. 111–84), if the subcontract may require
subcontractor personnel to interact with
detainees in the course of their duties.
(h) 252.237–7019, Training for Contractor
Personnel Interacting with Detainees (SEP
2006) (Section 1092 of Pub. L. 108–375), if
the subcontract may require subcontractor
personnel to interact with detainees in the
course of their duties.
(i) 252.246–7003, Notification of Potential
Safety Issues (JAN 2007), if flow down is
required in accordance with paragraph (f) of
DFARS clause 252.246–7003.
(j) 252.247–7023, Transportation of
Supplies by Sea (MAY 2002) (10 U.S.C.
2631), if flow down is required in accordance
with paragraph (h) of DFARS clause 252.247–
7023.
(k) 252.247–7024, Notification of
Transportation of Supplies by Sea (MAR
2000) (10 U.S.C. 2631), if flow down is
required in accordance with paragraph (b) of
DFARS clause 252.247–7024.
(End of clause)
[FR Doc. 2012–15565 Filed 6–28–12; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\29JNR3.SGM
29JNR3
]]>Agencies
[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 39141-39142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15565]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 244, and 252
RIN 0750-AH39
Defense Federal Acquisition Regulation Supplement: Applicability
of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-
D047)
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 clarify the applicability
to commercial items of DoD policies relating to the use of material
containing hexavalent chromium.
DATES: Effective Date: June 29, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 571-372-
6090.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a final rule (DFARS Case 2009-D004) in the Federal
Register at 76 FR 25569 on May 5, 2011, to implement in the DFARS the
DoD policy addressing the serious human health and environmental risks
related to the use of hexavalent chromium. Hexavalent chromium is a
chemical that has been used in numerous DoD weapons systems platforms
due to its corrosion protection properties. However, hexavalent
chromium is a known carcinogen. The final rule, codified in a new DFARS
clause 252.223-7008, minimized the use of materials containing
hexavalent chromium in items acquired by DoD. Shortly after the final
rule was published, DoD became aware of a drafting oversight and the
need to correct the text of final rule to reflect DoD's intent that the
rule should apply to commercial items. This rule corrects that
oversight.
DoD published a proposed rule in the Federal Register at 76 FR
71926 on November 21, 2011, to clarify the applicability to commercial
items of DoD policies relating to the use of materials containing
hexavalent chromium. One respondent submitted a public comment in
response to the proposed rule.
II. Discussion and Analysis of the Public Comments
DoD reviewed the public comment in the development of the final
rule, which is discussed as follows.
Comment: The respondent stated that requiring different standards
for chromated defense products than are required of commercial products
imposes a significant cost related to the need for additional training
and wastes already limited factory space. The respondent also stated
that bringing defense product finishes into line with commercial
finishes without sacrificing performance and maintaining a single
process should improve production, efficiency, and quality.
Response: This comment is out of scope as the rule does not modify
the DoD policy relating to the use of hexavalent chromium, it only
clarifies the applicability of the previously published final rule. As
such, the respondent's concerns are misplaced because this rule does
not create any new requirements for commercial products; it simply
makes clear the scope of applicability of DFARS clause 252.223-7008.
III. 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.
IV. Regulatory Flexibility Act
DoD certifies that this final rule will not 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 this rule is just correcting a drafting oversight in rule 2009-
D004 published on May 5, 2011 (76 FR 25569).
V. 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 212, 244, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 212, 244, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 212, 244, and 252 continue
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Amend section 212.301 by--
0
a. Redesignating paragraphs (f)(iv)(G) through (P) as paragraphs
(f)(iv)(H) through (Q); and
0
b. Adding new paragraph (f)(iv)(G) to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
[[Page 39142]]
(iv) * * *
(G) Use the clause at 252.223-7008, Prohibition of Hexavalent
Chromium, as prescribed at 223.7306.
* * * * *
PART 244--SUBCONTRACTING POLICIES AND PROCEDURES
0
3. Revise section 244.403 to read as follows:
244.403 Contract clause.
Use the clause at 252.244-7000, Subcontracts for Commercial Items
and Commercial Components (DoD Contracts), in solicitations and
contracts for supplies or services other than commercial items that
contain any of the clauses listed in the clause at 252.244-7000.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Revise section 252.244-7000 to read as follows:
252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts).
As prescribed in 244.403, use the following clause:
SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD
CONTRACTS) (JUN 2012)
In addition to the clauses listed in paragraph (c) of the
Subcontracts for Commercial Items clause of this contract (Federal
Acquisition Regulation 52.244-6), the Contractor shall include the
terms of the following clauses, if applicable, in subcontracts for
commercial items or commercial components, awarded at any tier under
this contract:
(a) 252.223-7008, Prohibition of Hexavalent Chromium (MAY 2011),
if the subcontract is for supplies, maintenance and repair services,
or construction materials.
(b) 252.225-7009, Restriction on Acquisition of Certain Articles
Containing Specialty Metals (JUN 2012) (10 U.S.C. 2533b), if flow
down is required in accordance with paragraph (e) of DFARS clause
252.225-7009.
(c) 252.225-7039, Contractors Performing Private Security
Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by
section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L.
111-383), if the subcontract will be performed in areas of
contingency operations, complex contingency operations, or other
military operations or exercises designated by the Combatant
Commander.
(d) 252.227-7015, Technical Data--Commercial Items (DEC 2011),
if applicable (see 227.7102-4(a)), if flow down is required in
accordance with paragraph (e) of DFARS clause 252.227-7015.
(e) 252.227-7037, Validation of Restrictive Markings on
Technical Data (JUN 2012), if applicable (see 227.7102-4(c)), if the
subcontract or supplier at any tier requires the delivery of
technical data.
(f) 252.236-7013, Requirement for Competition Opportunity for
American Steel Producers, Fabricators, and Manufacturers (JAN 2009)
(Pub. L. 110-329, Division E, Section 108), if the subcontract
involves the acquisition of steel as a construction material.
(g) 252.237-7010, Prohibition on Interrogation of Detainees by
Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84), if
the subcontract may require subcontractor personnel to interact with
detainees in the course of their duties.
(h) 252.237-7019, Training for Contractor Personnel Interacting
with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375), if the
subcontract may require subcontractor personnel to interact with
detainees in the course of their duties.
(i) 252.246-7003, Notification of Potential Safety Issues (JAN
2007), if flow down is required in accordance with paragraph (f) of
DFARS clause 252.246-7003.
(j) 252.247-7023, Transportation of Supplies by Sea (MAY 2002)
(10 U.S.C. 2631), if flow down is required in accordance with
paragraph (h) of DFARS clause 252.247-7023.
(k) 252.247-7024, Notification of Transportation of Supplies by
Sea (MAR 2000) (10 U.S.C. 2631), if flow down is required in
accordance with paragraph (b) of DFARS clause 252.247-7024.
(End of clause)
[FR Doc. 2012-15565 Filed 6-28-12; 8:45 am]
BILLING CODE 5001-06-P
