Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Proposed Rules 73997 

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 

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: http:// 

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 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: 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 (http://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 

(http://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 http:// 

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 


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