71922 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 

§ 17.56 [Amended] 

2. Revise § 17.56(a) by removing ‘‘and 

except for non-contractual payments for 

home health services and hospice care’’. 

[FR Doc. 2011–29994 Filed 11–18–11; 8:45 am] 

BILLING CODE 8302–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0845; FRL–9492–1] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District and 

Sacramento Metropolitan Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Placer County Air 

Pollution Control District (PCAPCD) and 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

coatings and strippers used on wood 

products, wood paneling, and 

miscellaneous metal parts and products. 

We are proposing to approve three local 

rules to regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by December 21, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0845, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or email. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

email directly to EPA, your email 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http://www.

regulations.gov and in hard copy at EPA 

Region IX, 75 Hawthorne Street, San 

Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: PCAPCD Rule 236 (Wood 

Products and Coating Operations), 

PCAPCD Rule 238 (Factory Coating of 

Flat Wood Paneling), and SMAQMD 

Rule 451 (Surface Coating of 

Miscellaneous Metal Parts and 

Products). In the Rules and Regulations 

section of this Federal Register, we are 

approving these local rules in a direct 

final action without prior proposal 

because we believe these SIP revisions 

are not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: October 24, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–29905 Filed 11–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 209, 216, 229, and 

252 

RIN 0750–AH38 

Defense Federal Acquisition 

Regulation Supplement: Separation of 

Combined Provisions and Clauses 

(DFARS Case 2011–D048) 

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 

separate provisions and clauses that are 

currently combined, in order to be in 

compliance with DFARS drafting 

conventions. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before January 20, 2012, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D048, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2011–D048’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2011– 

D048.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2011– 

D048’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2011–D048 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn.: Amy G. 

Williams, 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 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 71923 

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: 

Amy G. Williams, telephone (703) 602– 

0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A provision is included only in the 

solicitation and addresses the offeror. A 

contract clause is included in both the 

solicitation and the contract, and 

provides the terms that apply 

throughout contract performance. 

Representations and certifications are 

generally included in a provision, 

which the offeror responds to in its 

offer. It is against DFARS drafting 

conventions to combine a provision and 

a clause into a single clause. 

This rule proposes to remove the 

representations from five DFARS 

clauses and create five new provisions 

to be used in solicitations that include 

the associated clauses, as follows: 

DFARS Clause Proposed provision 

252.209–7005, Reserve Officer Training Corps and Military Recruiting 

on Campus.

252.209–7003, Reserve Officer Training Corps and Military Recruiting 

on Campus—Representation. 

252.216–7000, Economic Price Adjustment—Basic Steel, Aluminum, 

Brass, Bronze, or Copper Mill Products.

252.216–70XX, Economic Price Adjustment—Basic Steel, Aluminum, 

Brass, Bronze, or Copper Mill Products—Representation. 

252.216–7003, Economic Price Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign Government.

252.216–70YY, Economic Price Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign Government—Representation. 

252.229–7003, Tax Exemptions (Italy) .................................................... 252.229–70XX, Tax Exemptions (Italy)—Representation. 

252.229–7005, Tax Exemptions (Spain) .................................................. 252.229–70YY, Tax Exemptions (Spain)—Representation. 

Conforming changes are also required 

to DFARS 252.204–7007, Alternate A, 

Annual Representations and 

Certifications and the associated 

prescription at DFARS 204.1202, to list 

the new provisions in lieu of the current 

DFARS clauses. 

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 

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 it does not add any new 

requirements—it only reformats existing 

requirements of five clauses into 

separate provisions and clauses. 

Therefore, an initial regulatory 

flexibility analysis has not been 

performed. 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 2011–D048), 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 Parts 204, 

209, 216, 229, and 252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore DoD proposes to amend 48 

CFR parts 204, 209, 216, 229, and 252 

as follows: 

1. The authority citation for 48 CFR 

parts 204, 209, 216, 229, and 252 

continues to read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

2. Amend section 204.1202(2) by 

revising paragraphs (ii), (iii), (iv), (xi), 

and (xii) to read as follows: 

204.1202 Solicitation provision and 

contract clause. 

* * * * * 

(ii) 252.209–7002, Disclosure of 

Ownership or Control by a Foreign 

Government. 

(iii) 252.209–7003, Reserve Officer 

Training Corps and Military Recruiting 

on Campus—Representation. 

(iv) 252.216–70YY, Economic Price 

Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign 

Government—Representation. 

* * * * * 

(xi) 252.229–70XX, Tax Exemptions 

(Italy)—Representation. 

(xii) 252.229–70YY, Tax Exemptions 

(Spain)—Representation. 

* * * * * 

PART 209—CONTRACTOR 

QUALIFICATIONS 

3. Revise section 209.470–4 to read as 

follows: 

209.470–4 Solicitation provision and 

contract clause. 

(a) Use the provision at 252.209–7003, 

Reserve Officer Training Corps and 

Military Recruiting on Campus— 

Representation, in all solicitations with 

institutions of higher education. 

(b) Use the clause at 252.209–7005, 

Reserve Officer Training Corps and 

Military Recruiting on Campus, in all 

solicitations and contracts with 

institutions of higher education. 


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71924 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 

PART 216—TYPES OF CONTRACTS 

4. Amend section 216.203–4–70 by— 

(a) Revising the section heading; and 

(b) Revising paragraphs (a) and (c) to 

read as follows: 

216.203–4–70 Additional provisions and 

clauses. 

(a) Price adjustment for basic steel, 

aluminum, brass, bronze, or copper mill 

products. 

(1)(i) The price adjustment clause at 

252.216–7000, Economic Price 

Adjustment—Basic Steel, Aluminum, 

Brass, Bronze, or Copper Mill Products, 

may be used in fixed-price supply 

solicitations and contracts for basic 

steel, aluminum, brass, bronze, or 

copper mill products, such as sheets, 

plates, and bars, when an established 

catalog or market price exists for the 

particular product being acquired. 

(ii) The 10 percent figure in paragraph 

(d)(1) of the clause shall not be 

exceeded unless approval is obtained at 

a level above the contracting officer. 

(2) Use the price adjustment provision 

at 252.216–70XX, Economic Price 

Adjustment—Basic Steel, Aluminum, 

Brass, Bronze, or Copper Mill 

Products—Representation, in 

solicitations that include the clause at 

252.216–7000, Economic Price 

Adjustment—Basic Steel, Aluminum, 

Brass, Bronze, or Copper Mill Products. 

* * * * * 

(c) Price adjustment for wage rates or 

material prices controlled by a foreign 

government. 

(1)(i) The price adjustment clause at 

252.216–7003, Economic Price 

Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign 

Government, may be used in fixed-price 

supply and service solicitations and 

contracts when— 

(A) The contract is to be performed 

wholly or in part in a foreign country; 

and 

(B) A foreign government controls 

wage rates or material prices and may, 

during contract performance, impose a 

mandatory change in wages or prices of 

material. 

(ii) Verify the base wage rates and 

material prices prior to contract award 

and prior to making any adjustment in 

the contract price. 

(2) Use the provision at 252.216– 

70YY, Economic Price Adjustment— 

Wage Rates or Material Prices 

Controlled by a Foreign Government— 

Representation, in solicitations that 

include the clause at DFARS 252.216– 

7003, Economic Price Adjustment— 

Wage Rates or Material Prices 

Controlled by a Foreign Government. 

PART 229—TAXES 

5. Amend section 229.402–70 by— 

(a) Revising the section heading; and 

(b) Revising paragraphs (c) and (e) to 

read as follows: 

229.402–70 Additional provisions and 

clauses. 

* * * * * 

(c)(1) Use the clause at 252.229–7003, 

Tax Exemptions (Italy), in solicitations 

and contracts when contract 

performance will be in Italy. 

(2) Use the provision at 252.229– 

70XX, Tax Exemptions (Italy)— 

Representation, in solicitations that 

contain the clause at 252.229–7003, Tax 

Exemptions (Italy). 

* * * * * 

(e)(1) Use the clause at 252.229–7005, 

Tax Exemptions (Spain), in solicitations 

and contracts when contract 

performance will be in Spain. 

(2) Use the provision at 252.229– 

70YY, Tax Exemptions (Spain)— 

Representation, in solicitations that 

contain the clause at 252.229–7005, Tax 

Exemptions (Spain). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

6. Amend section 252.204–7007 by— 

(a) Amending the clause date by 

removing ‘‘(SEP 2011)’’ and adding in 

its place ‘‘(DATE)’’; and 

(b) Revising paragraph (d)(1) to read 

as follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

* * * * * 

(d)(1) The following representations 

or certifications in ORCA are applicable 

to this solicitation as indicated: 

(i) 252.209–7001, Disclosure of 

Ownership or Control by the 

Government of a Terrorist Country. 

Applies to all solicitations expected to 

result in contracts of $150,000 or more. 

(ii) 252.209–7003, Reserve Officer 

Training Corps and Military Recruiting 

on Campus—Representation. Applies to 

all solicitations with institutions of 

higher education. 

(iii) 252.216–70YY, Economic Price 

Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign 

Government. Applies to solicitations for 

fixed-price supply and service contracts 

when the contract is to be performed 

wholly or in part in a foreign country, 

and a foreign government controls wage 

rates or material prices and may, during 

contract performance, impose a 

mandatory change in wages or prices of 

materials. 

(iv) 252.225–7042, Authorization to 

Perform. Applies to all solicitations 

when performance will be wholly or in 

part in a foreign country. 

(v) 252.229–70XX, Tax Exemptions 

(Italy)—Representation. Applies to 

solicitations when contract performance 

will be in Italy. 

(vi) 252.229–70YY, Tax Exemptions 

(Spain)—Representation. Applies to 

solicitations when contract performance 

will be in Spain. 

* * * * * 

7. Add section 252.209–7003 to read 

as follows: 

252.209–7003 Reserve Officer Training 

Corps and Military Recruiting on Campus— 

Representation. 

As prescribed in 209.470–4(a), use the 

following provision: Reserve Officer 

Training Corps and Military Recruiting 

on Campus—Representation (Date). 

(a) Definition. Institution of higher 

education, as used in this provision, is 

defined in the clause at 252.209–7005, 

Reserve Officer Training Corps and 

Military Recruiting on Campus. 

(b) Limitation on contract award. 

Except as provided in paragraph (c) of 

this provision, an institution of higher 

education is ineligible for contract 

award if the Secretary of Defense 

determines that the institution has a 

current policy or practice (regardless of 

when implemented) that prohibits or in 

effect prevents— 

(1) The Secretary of a military 

department from maintaining, 

establishing, or operating a unit of the 

Senior Reserve Officer Training Corps 

(ROTC) (in accordance with 10 U.S.C. 

654 and other applicable Federal laws) 

at that institution; 

(2) A student at that institution from 

enrolling in a unit of the Senior ROTC 

at another institution of higher 

education; 

(3) The Secretary of a military 

department or the Secretary of 

Transportation from gaining entry to 

campuses, or access to students (who 

are 17 years of age or older) on 

campuses, for purposes of military 

recruiting; or 

(4) Military recruiters from accessing, 

for purposes of military recruiting, the 

following information pertaining to 

students (who are 17 years of age or 

older) enrolled at that institution: 

(i) Name. 

(ii) Address. 

(iii) Telephone number. 

(iv) Date and place of birth. 

(v) Educational level. 

(vi) Academic major. 

(vii) Degrees received. 

(viii) Most recent educational 

institution enrollment. 


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Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 71925 

(c) Exception. The limitation in 

paragraph (b) of this provision does not 

apply to an institution of higher 

education if the Secretary of Defense 

determines that the institution has a 

long-standing policy of pacifism based 

on historical religious affiliation. 

(d) Representation. By submission of 

its offer, the offeror represents that the 

institution does not have any policy or 

practice described in paragraph (b) of 

this clause, unless the Secretary of 

Defense has determined that the 

institution has a long-standing policy of 

pacifism based on historical religious 

affiliation. 

(End of provision) 

8. Amend section 252.209–7005 by— 

(a) Amending the introductory text by 

removing ‘‘209.470–4’’ and adding in its 

place ‘‘209.470–4(b)’’; 

(b) Amending the clause date by 

removing ‘‘(Jan 2000)’’ and adding in its 

place ‘‘(Date)’’; 

(c) Revising introductory text of 

paragraph (b); 

(d) Removing paragraph (d); 

(e) Redesignating paragraph (e) as 

paragraph (d); and 

(f) Revising the introductory text of 

the newly redesignated paragraph (d). 

The revisions read as follows: 

252.209–7005 Reserve Officer Training 

Corps and Military Recruiting on Campus. 

* * * * * 

(b) Limitation. Except as provided in 

paragraph (c) of this clause, the 

Contractor shall not, during 

performance of this contract, have any 

policy or practice that prohibits or in 

effect prevents— 

* * * * * 

(d) Notwithstanding any other clause 

of this contract, if the Secretary of 

Defense determines that the Contractor 

misrepresented its policies and 

practices at the time of contract award 

or has violated the prohibition in 

paragraph (b) of this clause— 

* * * * * 

9. Amend section 252.216–7000 by— 

(a) Amending the introductory text by 

removing ‘‘216.203–4–70(a)’’ and 

adding in its place ‘‘216.203–4– 

70(a)(1)’’; 

(b) Amending the clause date by 

removing ‘‘(Jul 1997)’’ and adding in its 

place ‘‘(Date)’’; and 

(c) Revising paragraph (b) to read as 

follows: 

252.216–7000 Economic Price 

Adjustment—Basic Steel, Aluminum, Brass, 

Bronze, or Copper Mill Products. 

* * * * * 

(b) As represented by the Contractor 

in its offer, the unit price stated for 

(Identify the item) is not in excess of the 

Contractor’s established price in effect 

on the date set for opening of bids (or 

the contract date if this is a negotiated 

contract) for like quantities of the same 

item. This price is the net price after 

applying any applicable standard trade 

discounts offered by the Contractor from 

its catalog, list, or schedule price. 

* * * * * 

10. Amend section 252.216–7003 by— 

(a) Amending the introductory text by 

removing ‘‘216.203–4–70(c)’’ and 

adding in its place ‘‘216.203–4– 

70(c)(1)’’; 

(b) Amending the clause date by 

removing ‘‘(Jun 1997)’’ and adding in its 

place ‘‘(Date)’’; and 

(c) Revising paragraph (a) to read as 

follows: 

252.216–7003 Economic Price 

Adjustment—Wage Rates or Material Prices 

Controlled by a Foreign Government. 

* * * * * 

(a) As represented by the Contractor 

in its offer, the prices set forth in this 

contract— 

(1) Are based on the wage rate(s) or 

material price(s) established and 

controlled by the government of the 

country specified by the Contractor in 

the solicitation; and 

(2) Do not include contingency 

allowances to pay for possible increases 

in wage rates or material prices. 

* * * * * 

11. Add section 252.216–70XX to read 

as follows: 

252.216–70XX Economic Price 

Adjustment—Basic Steel, Aluminum, Brass, 

Bronze, or Copper Mill Products— 

Representation. 

As prescribed in 216.203–4–70(a)(2), 

use the following provision: 

Economic Price Adjustment—Basic 

Steel, Aluminum, Brass, Bronze, or 

Copper Mill Products—Representation 

(Date) 

(a) Definitions. The terms established 

price and unit price, as used in this 

provision, have the meaning given in 

the clause 252.216–7000, Economic 

Price Adjustment—Basic Steel, 

Aluminum, Brass, Bronze, or Copper 

Mill Products. 

(b) By submission of its offer, the 

offeror represents that the unit price 

stated in this offer for (Identify the item) 

is not in excess of the offeror’s 

established price in effect on the date 

set for opening of bids (or the contract 

date if this is to be a negotiated contract) 

for like quantities of the same item. This 

price is the net price after applying any 

applicable standard trade discounts 

offered by the offeror from its catalog, 

list, or schedule price. 

(End of provision) 

12. Add section 252.216–70YY to read 

as follows: 

252.216–70YY Economic Price 

Adjustment—Wage Rates or Material Prices 

Controlled by a Foreign Government— 

Representation. 

As prescribed in 216.203–4–70(c)(2), 

use the following provision: 

Economic Price Adjustment—Wage 

Rates or Material Prices Controlled by a 

Foreign Government—Representation 

(Date) 

(a) By submission of its offer, the 

offeror represents that the prices set 

forth in this offer— 

(1) Are based on the wage rate(s) or 

material price(s) established and 

controlled by the government of 

lllllllllllllllllll

(Offeror insert name of host country); 

and 

(2) Do not include contingency 

allowances to pay for possible increases 

in wage rates or material prices. 

(End of provision) 

13. Amend section 252.229–7003 by— 

(a) Amending the introductory text by 

removing ‘‘229.402–70(c)’’ and adding 

in its place ‘‘229.402–70(c)(1)’’; 

(b) Amending the clause date by 

removing ‘‘(Jan 2002)’’ and adding in its 

place ‘‘(Date)’’; and 

(c) Revising paragraph (a) to read as 

follows: 

252.229–7003 Tax Exemptions (Italy). 

* * * * * 

(a) As the Contractor represented in 

its offer, the contract price, including 

the prices in subcontracts awarded 

under this contract, does not include 

taxes from which the United States 

Government is exempt. 

* * * * * 

14. Amend section 252.229–7005 by— 

(a) Amending the introductory text by 

removing ‘‘229.402–70(e)’’ and adding 

in its place ‘‘229.402–70(e)(1)’’; 

(b) Amending the clause date by 

removing ‘‘(Jun 1997)’’ and adding in its 

place ‘‘(Date)’’; and 

(c) Revising paragraph (a) to read as 

follows: 


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71926 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 

252.229–7005 Tax Exemptions (Spain). 

* * * * * 

(a) As the Contractor represented in 

its offer, the contract prices, including 

subcontract prices, does not include the 

taxes identified herein, or any other 

taxes from which the United States 

Government is exempt. 

* * * * * 

15. Add section 252.229–70XX to read 

as follows: 

252.229–70XX Tax Exemptions (Italy)— 

Representation. 

As prescribed in 229.402–70(c)(2), use 

the following provision: 

Tax Exemptions (Italy)— 

Representation (Date) 

(a) Exemptions. The United States 

Government is exempt from payment 

of— 

(1) Imposta Valore Aggiunto (IVA) tax 

in accordance with Article 72 of the IVA 

implementing decree on all supplies 

and services sold to United States 

Military Commands in Italy; and 

(2) The other taxes specified in 

paragraph (c) of the clause DFARS 

252.229–7003, Tax Exemptions (Italy). 

(b) Representation. By submission of 

its offer, the offeror represents that the 

offered price, including the prices of 

subcontracts to be awarded under the 

contract, does not include the taxes 

identified herein, or any other taxes 

from which the United States 

Government is exempt. 

(End of provision) 

16. Add section 252.229–70YY to read 

as follows: 

252.229–70YY Tax Exemptions (Spain)— 

Representation. 

As prescribed in 229.402–70(e)(2), use 

the following clause: 

Tax Exemptions (Spain)— 

Representation (Date) 

(a) Exemptions. In accordance with 

tax relief agreements between the 

United States Government and the 

Spanish Government, and because the 

resultant contract arises from the 

activities of the United States Forces in 

Spain, the contract will be exempt from 

the excise, luxury, and transaction taxes 

listed in paragraph (b) of the clause 

DFARS 252.229–7005, Tax Exemptions 

(Spain). 

(b) Representation. By submission of 

its offer, the offeror represents that the 

offered price, including the prices of 

subcontracts to be awarded under the 

contract, does not include the taxes 

identified herein, or any other taxes 

from which the United States 

Government is exempt. 

(End of provision) 

[FR Doc. 2011–29857 Filed 11–18–11; 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) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement to clarify the 

applicability to commercial items of 

DoD policies relating to the use of 

materials containing hexavalent 

chromium. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before January 20, 2012, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D047, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2011–D047’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D047.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2009–D047’’ on your 

attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2011–D047 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Amy G. 

Williams, 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: Ms. 

Amy G. Williams, telephone 703–602– 

0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a final rule at in the 

Federal Register at 76 FR 25569 on May 

5, 2011, to implement in the Defense 

Federal Acquisition Regulation 

Supplement (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 

minimized the use of materials 

containing hexavalent chromium in 

items acquired by DoD, including the 

creation of a new DFARS clause, 

252.223–7008, Prohibition of 

Hexavalent Chromium, which prohibits 

the contractor from providing any 

deliverables or construction material 

that— 

(1) Contains hexavalent chromium in 

a concentration greater than 0.1 percent 

by weight in any homogeneous material; 

or 

(2) Requires the removal or 

reapplication of hexavalent chromium 

materials during subsequent 

sustainment phases of the deliverable or 

construction material. 

The final rule prescribed use of the 

clause in solicitations and contracts for 

supplies, maintenance and repair 

services, or construction, unless an 

exception at DFARS 223.7304 applies or 

use has been authorized in accordance 

with DFARS 223.7305. 

II. Discussion and Analysis 

The preamble to the final rule stated 

the clear intent that the rule should 

apply to commercial items. In response 

to a respondent who requested an 

exception for all commercial items, DoD 

stated that to provide an exception for 

all commercial items will jeopardize the 

intent of the rule and be contrary to DoD 

policy (section II.F.). 

However, although the final rule did 

not specify an exception for commercial 

items, the rule overlooked the need to 

separately prescribe the clause in part 

212 in order to require use of the clause 

in acquisitions conducted under part 

212. FAR 12.301(d)(1) states that 

prescriptions contained elsewhere in 

the FAR do not apply to acquisitions 

under FAR part 12, unless separately 

included in FAR part 12. 

Therefore, this rule proposes to 

correct that oversight and provide at 


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