14490 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Proposed Rules 

§ 438.201 Written plan. 

No later than December 31, 2012, a 

written plan must be submitted to DOE 

that specifies each Federal fleet’s 

strategy for meeting the consumption 

requirements set forth in section 

438.101, including the interim 

milestones provided in section 438.103. 

Plans must be sent to the U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Federal Energy Management Program 

(EE–2L), 1000 Independence Avenue 

SW., Washington, DC 20585, or such 

other address as DOE may provide by 

notice in the Federal Register. 

§ 438.202 Requisite elements. 

The written plan must: 

(a) Identify the specific measures that 

the Federal fleet will rely upon to meet 

the consumption requirements and 

interim milestones, such as plans for 

right-sizing the Federal fleet and 

strategies for reducing vehicle miles 

traveled; 

(b) Quantify (in percentage and in 

gasoline gallon equivalents), for each 

measure set forth in the plan, the 

reduction in petroleum consumption, 

and the increase in alternative fuel 

consumption projected to be achieved 

by the measure in each FY; 

(c) Specify the date by which each 

measure set forth in the plan will be 

implemented; 

(d) Quantify the composition of the 

Federal fleet by vehicle class and fuel 

type, ensuring that it is correctly sized 

to support mission requirements in each 

FY; 

(e) Specify actions to ensure that 

alternative fueled vehicles are acquired 

and located where the appropriate 

alternative fuel is available; and 

(f) Quantify (in percentage) the use of 

alternative fuel by alternative fueled 

vehicles and low-speed electric vehicles 

in each FY. 

§ 438.203 Revision. 

Whenever an annual report under 

section 438.104 indicates that the 

Federal fleet failed to meet an interim 

milestone under section 438.103, the 

plan previously developed and 

submitted under this subpart must be 

revised and resubmitted to the DOE 

Federal Energy Management Program 

within 180 days of submission of the 

annual report. 

[FR Doc. 2012–5876 Filed 3–9–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AH57 

Defense Federal Acquisition 

Regulation Supplement: Alleged 

Crimes By or Against Contractor 

Personnel (DFARS Case 2012–D006) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

expand coverage on contractor 

requirements and responsibilities 

relating to alleged crimes by or against 

contractor personnel. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before May 11, 2012, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D006, 

using any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D006’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D006.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2012– 

D006’’ on your attached document. 

• Email: dfars@osd.mil. Include 

DFARS Case 2012–D006 in the subject 

line of the message. 

• Fax: 571–372–6094. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Meredith 

Murphy, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check 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: 

Meredith Murphy, telephone 571–372– 

6098. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

clause at 252.225–7040, Contractor 

Personnel Authorized to Accompany 

U.S. Armed Forces Deployed Outside 

the United States, to expand coverage 

on contractor requirements and 

responsibilities regarding alleged crimes 

by or against contractor personnel. The 

expanded coverage is proposed to apply 

to contingency operations, humanitarian 

or peacekeeping operations, or other 

military operations when the latter are 

designated by the combatant 

commander. These requirements 

currently apply only to DoD contracts 

performed in Iraq and Afghanistan. 

Expanding the coverage worldwide will 

provide contractors the guidance they 

need to take actions if such alleged 

offenses occur. 

Currently, the clause at 252.225–7040 

is prescribed at 225.7402–5(a). The 

clause prescription requires insertion of 

the clause in solicitations and contracts 

that authorize contractor personnel to 

accompany U.S. Armed Forces 

deployed outside the United States in 

(1) contingency operations; (2) 

humanitarian or peacekeeping 

operations; or (3) other military 

operations or military exercises, when 

designated by the combatant 

commander. The expanded DFARS 

clause will require the contractor to 

provide information to contractor 

personnel who perform work on a 

contract in those countries about how 

and where to report an alleged crime 

and, for contractor personnel seeking 

whistleblower protection, where to seek 

assistance. The crimes referred to are 

alleged offenses under the Uniform 

Code of Military Justice (10 U.S.C. 47) 

or the Military Extraterritorial 

Jurisdiction Act (18 U.S.C. 212). The 

clause also provides a list of the 

appropriate investigative authorities to 

which suspected offenses can be 

reported, e.g., ‘‘U.S. Army Criminal 

Investigations Division at http:// 

www.cid.army.mil/reportacrime.html,’’ 

and contact information for contractor 

personnel seeking whistleblower 

protection. This information is required 

by the terms of the clause to be provided 

to contractor personnel before they 

begin work on a contract in a deployed 

area. 

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 


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Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Proposed Rules 14491 

(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 a significant 

regulatory action and, therefore, was 

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 

DoD does not expect this proposed 

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 is only 

to provide information to contractor 

personnel regarding the appropriate 

investigative authorities to which 

suspected offenses can be reported and 

contact information for contractor 

personnel seeking whistleblower 

protection. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

The two key requirements being 

proposed are for the contractor to (a) 

report any alleged offenses against the 

Uniform Code of Military Justice (UCMJ) 

and the Military Extraterritorial 

Jurisdiction Act (MEJA) to appropriate 

investigative authorities and (b) give 

contractor personnel who work in 

covered areas information on how and 

where to report an alleged UCMJ or 

MEJA offense. The clause also would 

provide contact information for the 

three Service Criminal Investigative 

Agencies and the DoD Inspector 

General. 

In FY 2010, DoD awarded 788 

contracts for performance in Iraq and 

1,051 contracts for performance in 

Afghanistan. Twenty percent of these 

contracts were awarded to small 

businesses. As DoD exits the areas of 

current contingency operations, e.g., 

Iraq and Afghanistan, the total number 

of DoD contracts awarded for 

performance in the subject areas is 

expected to decrease by at least 50 

percent. However, the proportion of 

these contracts that are awarded to 

small businesses is anticipated to 

remain the same. Therefore, this 

estimate is that there may be as many as 

919 contracts awarded annually and 

approximately 184 of these contracts 

will be awarded to small businesses. 

There are no projected reporting, 

recordkeeping, or other compliance 

requirements associated with the 

proposed rule. The rule will apply 

equally to all contractors, large and 

small, performing in deployed areas. 

The rule does not duplicate, overlap, or 

conflict with any other Federal rules. 

The points of contact for reporting 

criminal acts and/or seeking 

whistleblower protection are listed in 

the clause. Contractor compliance 

requirements have been limited to 

passing this clear, available information 

to their personnel. No alternatives to the 

rule have been identified that could 

accomplish the objectives of the rule or 

minimize further its economic impact 

on small entities. 

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 2012–D006), in 

correspondence. 

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 Part 252 

Government procurement. 

Ynette R. Shelkin 

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. 1303 and 48 CFR 

chapter 1. 

2. Section 252.225–7040 is amended 

by removing the clause date ‘‘(JUN 

2011)’’ and adding ‘‘(DATE)’’ in its 

place and revising paragraph (d) to read 

as follows: 

252.225–7040 Contractor Personnel 

Authorized to Accompany U.S. Armed 

Forces Deployed Outside the United States. 

* * * * * 

(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) Provisions of the law of war, as 

well as any other applicable treaties and 

international agreements; 

(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, 

including law of war training in 

accordance with paragraph (e)(1)(vii) of 

this clause. 

(3) The Contractor shall ensure that 

contractor employees accompanying 

U.S. Armed Forces are aware— 

(i) Of the DoD definition of ‘‘sexual 

assault’’ in DoDD 6495.01, Sexual 

Assault Prevention and Response 

Program; 

(ii) That the offenses addressed by the 

definition are covered under the 

Uniform Code of Military Justice (see 

paragraph (e)(2)(iv) of this clause); and 

(iii) That other sexual misconduct 

may constitute offenses under the 

Uniform Code of Military Justice, 

Federal law, such as the Military 

Extraterritorial Jurisdiction Act, or host 

nation laws, and that the offenses not 

covered by the Uniform Code of Military 

Justice may nevertheless have 

consequences to the contractor 

employees (see paragraph (h)(1) of this 

clause). 

(4) The Contractor shall report to the 

appropriate investigative authorities, 

identified in paragraph (d)(6) of this 

clause, any alleged offenses under— 

(i) The Uniform Code of Military 

Justice (10 U.S.C. 47) (applicable to 

contractors serving with or 

accompanying an armed force in the 

field during a declared war or 

contingency operation); or 

(ii) The Military Extraterritorial 

Jurisdiction Act (18 U.S.C. 212). 

(5) The Contractor shall provide to all 

contractor personnel who will perform 

work on a contract in the deployed area, 

before beginning such work, 

information on the following: 

(i) How and where to report an 

alleged offense described in paragraph 

(d)(4) of this clause. 

(ii) Where to seek victim and witness 

protection and assistance available to 


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14492 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Proposed Rules 

contractor personnel in connection with 

an alleged offense described in 

paragraph (d)(4) of this clause. 

(6) The appropriate investigative 

authorities to which suspected crimes 

shall be reported include the following 

officials: 

(i) U.S. Army Criminal Investigations 

Division at http://www.cid.army.mil/ 

reportacrime.html. 

(ii) Air Force Office of Special 

Investigations at http:// 

www.osi.andrews.af.mil/library/ 

factsheets/factsheet.asp?id=14522. 

(iii) Navy Criminal Investigative 

Service at http://www.ncis.navy.mil/ 

Pages/publicdefault.aspx. 

(iv) Any command of any supported 

military element or the command of any 

base. 

(7) Personnel seeking whistleblower 

protection from reprisals for reporting 

criminal acts shall seek guidance 

through the DoD Inspector General 

hotline at 800–424–9098 or 

www.dodig.mil/HOTLINE/index.html. 

Personnel seeking other forms of victim 

or witness protections should contact 

the nearest military law enforcement 

office. 

* * * * * 

[FR Doc. 2012–5759 Filed 3–9–12; 8:45 am] 

BILLING CODE 5001–06–P 


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