Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Proposed Rules 35713 

Water Act’’ published on April 21, 2014 

(79 FR 22188). The agencies are 

extending the comment period in 

response to stakeholder requests for an 

extension. 

DATES: Comments must be received on 

or before October 20, 2014. The 

comment period was originally 

scheduled to end on July 21, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket identification (ID) 

No. EPA–HQ–OW–2011–0880, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: ow-docket@epa.gov. 

• Mail: Water Docket, Environmental 

Protection Agency, Mail Code 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. Attention: 

Docket ID No. EPA–HQ–OW–2011– 

0880. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20004, Attention: Docket ID No. EPA– 

HQ–OW–2011–0880. Such deliveries 

are only accepted during the Docket 

Center’s normal hours of operation. 

Special arrangements should be made 

for deliveries of boxed information by 

calling 202–566–2426. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2011– 

0880. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disc you submit. 

If the EPA cannot read your comment 

due to technical difficulties and cannot 

contact you for clarification, the 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. For additional information 

about the EPA’s public docket visit the 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available (e.g., CBI or other 

information whose disclosure is 

restricted by statute). Certain other 

materials, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Office of Water Docket Center, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744; 

the telephone number for the Office of 

Water Docket Center is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Donna Downing, Office of Water (4502– 

T), Environmental Protection Agency, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460; telephone 

number 202–566–2428; email address: 

CWAwaters@epa.gov. Ms. Stacey Jensen, 

Regulatory Community of Practice 

(CECW–CO–R), U.S. Army Corps of 

Engineers, 441 G Street NW., 

Washington, DC 20314; telephone 

number 202–761–5856; email address: 

USACE_CWA_Rule@usace.army.mil. 

Dated: June 13, 2014. 

Nancy K. Stoner, 

Acting Assistant Administrator for Water, 

Environmental Protection Agency. 

Dated: June 16, 2014. 

Jo-Ellen Darcy, 

Assistant Secretary of the Army (Civil Works), 

Department of the Army. 

[FR Doc. 2014–14674 Filed 6–23–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, and 252 

RIN 0750–AI31 

Defense Federal Acquisition 

Regulation Supplement: Defense 

Contractors Performing Private 

Security Functions (DFARS Case 

2014–D008) 

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 

address DoD-unique requirements for 

defense contractors performing private 

security functions outside the United 

States. 

DATES: Comment date: Comments on the 

proposed rule should be submitted in 

writing to the address shown below on 

or before August 25, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D008, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D008’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D008.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2014– 

D008’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D008 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Jennifer 

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

Room 3B941, 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). 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

35714 Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer Hawes, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6115. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to amend the 

DFARS to prescribe a clause for use in 

solicitations and contracts, including 

solicitations and contracts for the 

acquisition of commercial items, when 

defense contractors are performing 

private security functions outside the 

United States. 

DoD Instruction 3020.50, Private 

Security Contractors, was originally 

published on July 22, 2009, pursuant to 

section 862 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2008, as amended by section 

853 of the NDAA for FY 2009. Change 

1 of the Instruction was published on 

August 1, 2011, and reflects additional 

requirements levied under section 832 

of the NDAA for FY 2008. DoD 

requirements encompass requirements 

set forth in 32 CFR 159, however they 

are broader than requirements set forth 

in FAR 25.302–3, and its implementing 

clause, 52.225–26, Contractors 

Performing Private Security Functions 

Outside the United States. This 

proposed rule will address these 

broader requirements by ensuring 

coverage in— 

• Contingency operations; 

• Combat operations, as designated 

by the Secretary of Defense; 

• Other significant military 

operations, as designated by the 

Secretary of Defense, and only upon 

agreement of the Secretary of Defense 

and the Secretary of State; 

• Humanitarian or peace operations; 

and 

• Other military operations or 

military exercises, when designated by 

the Combatant Commander. 

This rule provides DoD-unique 

requirements for implementation and 

supplementation of the FAR 

requirements, i.e., use of the 

Synchronized Predeployment and 

Operational Tracker (SPOT) System and 

compliance with ANSI/ASIS PSC.1– 

2012, American National Standard, 

Management System for Quality of 

Private Security Operations— 

Requirements with Guidance. 

II. Discussion and Analysis 

The proposed rule would add a new 

section, DFARS 225.302, titled 

‘‘Contractors performing private security 

functions outside the United States,’’ 

which provides a definition for ‘‘peace 

operation’’ and adds a prescription for 

the new proposed clause. This clause is 

also added to the list at DFARS 212.301 

of clauses and provisions for the 

acquisition of commercial items. 

The new proposed clause DFARS 

252.225–7039, Defense Contractors 

Performing Private Security Functions, 

requires contractors to— 

• Register in the Synchronized 

Predeployment and Operational Tracker 

(SPOT) system all weapons, armored 

vehicles, helicopters, and other vehicles 

used or operated by personnel 

performing private security functions; 

and 

• Comply with ANSI/ASIS PSC.1– 

2012, American National Standard, 

Management System for Quality of 

Private Security Operations— 

Requirements with Guidance. 

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 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. 

However, DoD has prepared an Initial 

Regulatory Flexibility Analysis, which 

is summarized as follows: 

The reason for this proposed rule is to 

address DoD-unique requirements 

relating to the implementation of the 

requirements at FAR 52.225–26, 

Contractors Performing Private Security 

Functions Outside the United States. 

FAR 52.225–26 implements section 862 

of the National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2009 

(Pub. L. 110–181 and sections 831 and 

832 of the NDAA for FY 2011 (Pub. L. 

111–383), and the MOU signed by DoD, 

State, and USAID. This rule provides 

DoD-unique requirements for 

implementation and supplementation of 

the FAR requirements, i.e., use of the 

Synchronized Predeployment and 

Operational Tracker (SPOT) System and 

compliance with ANSI/ASIS PSC.1– 

2012, American National Standard, 

Management System for Quality of 

Private Security Operations— 

Requirements with Guidance. 

In FY 2010, DoD awarded 1,051 

contracts for performance in 

Afghanistan. Of those actions, 231 

contracts were awarded to small 

business firms. It is not known how 

many of those contracts involved the 

requirements for contractor personnel to 

perform private security functions. As 

DoD personnel exit these areas, the total 

number of contracts will decrease. 

The impact on small business firms 

will be minor because these are not new 

requirements. The requirement to enter 

data on weapons, armored vehicles, 

helicopters, and other military vehicles 

into SPOT was in the DFARS until the 

registration requirement was 

transitioned into the FAR in July 2013 

(but without specifying use of SPOT). 

This new DFARS clause specifies that 

the system to use is SPOT. The DFARS 

Procedures, Guidance, and Information 

(PGI) had already provided in a 

checklist at 225.7401 that contracting 

officers shall incorporate and require 

compliance with the standard ANSI/

ASIS PSC.1–2012 if the acquisition 

requires performance of private security 

functions. 

This rule does not add new reporting, 

recordkeeping, or other compliance 

requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD has not identified any 

alternatives that would lessen the 

already minimal burden on small 

entities and still meet the objectives of 

the rule. 

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 the 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 2014–D008), in 

correspondence. 

V. Paperwork Reduction Act 

The information collection 

requirements in this rule that require 

the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35) are already covered by OMB 

Clearance Number 0704–0460, 

Synchronized Predeployment and 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Proposed Rules 35715 

Operational Tracker (SPOT) System, 

which is approved through August 31, 

2016, for 150,000 burden hours. 

List of Subjects in 48 CFR Parts 212, 

225, and 252 

Government procurement. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 225, and 

252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 212, 

225, and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. In section 212.301, redesignate 

paragraphs (f)(xlv) through (lxx) as 

paragraphs (f)(xlvi) through (lxxi) and 

add a new paragraph (f)(xlv) to read as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xlv) Use the clause at 252.225–7039, 

Defense Contractors Performing Private 

Security Functions Outside the United 

States, as prescribed in 225.302–6, to 

comply with section 2 of Pub. L. 110– 

181, as amended. 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 3. Add sections 225.302, 225.302–2, 

and 225.302–6 to subpart 225.3 to read 

as follows: 

225.302 Contractors performing private 

security functions outside the United 

States. 

225.302–2 Definitions. 

Peace operation, as used in this 

section, means a military mission to 

contain conflict, redress the peace, and 

shape the environment to support 

reconciliation and rebuilding and 

facilitate the transition to legitimate 

governance. 

225.302–6 Contract clause. 

Use the clause at 252.225–7039, 

Defense Contractors Performing Private 

Security Functions Outside the United 

States, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, when 

private security functions are to be 

performed outside the United States 

in— 

(1) Contingency operations; 

(2) Combat operations, as designated 

by the Secretary of Defense; 

(3) Other significant military 

operations (as defined in 32 CFR part 

159), designated by the Secretary of 

Defense, and only upon agreement of 

the Secretary of Defense and the 

Secretary of State; 

(4) Humanitarian or peace operations; 

or 

(5) Other military operations or 

military exercises, when designated by 

the Combatant Commander. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add section 252.225–7039 to read 

as follows: 

252.225–7039 Defense Contractors 

Performing Private Security Functions 

Outside the United States. 

As prescribed in 225.302–6, insert the 

following clause: 

DEFENSE CONTRACTORS PERFORMING 

PRIVATE SECURITY FUNCTIONS 

OUTSIDE THE UNITED STATES (DATE) 

(a) Definition. Peace operation, as used in 

this clause, means a military mission to 

contain conflict, redress the peace, and shape 

the environment to support reconciliation 

and rebuilding and facilitate the transition to 

legitimate governance. 

(b) Requirements. The Contractor shall— 

(1) Register in the Synchronized 

Predeployment and Operational Tracker 

(SPOT)— 

(i) Weapons to be carried by or available 

to be used by personnel performing private 

security functions; and 

(ii) Armored vehicles, helicopters, and 

other vehicles operated by personnel 

performing private security functions; and 

(2) Comply with ANSI/ASIS PSC.1–2012, 

American National Standard, Management 

System for Quality of Private Security 

Company Operations—Requirements with 

Guidance (located at www.acq.osd.mil/log/

PS/p_vault/item_1997-PSC_1_STD.PDF). 

(c) Subcontracts. The Contractor shall 

include the substance of this clause, 

including paragraph (b) of this clause, in 

subcontracts, including subcontracts for 

commercial items, when private security 

functions will be performed outside the 

United States in areas of— 

(1) Contingency operations; 

(2) Combat operations, as designated by the 

Secretary of Defense; 

(3) Other significant military operations (as 

defined in 32 CFR part 159), designated by 

the Secretary of Defense upon agreement of 

the Secretary of State; 

(4) Humanitarian or peace operations; or 

(5) Other military operations or military 

exercises, when designated by the Combatant 

Commander. 

(End of clause) 

[FR Doc. 2014–14594 Filed 6–23–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 229 and 252 

RIN 0750–AI26 

Defense Federal Acquisition 

Regulation Supplement: Taxes— 

Foreign Contracts in Afghanistan 

(DFARS Case 2014–D003) 

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 

notify contractors of requirements 

relating to Afghan taxes. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before August 25, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D003, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2014–D003’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D003.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2014– 

D003’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D003 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Jennifer 

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

Room 3B941, 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 http://

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: Ms. 

Jennifer Hawes, telephone 571–372– 

6115. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS