7930 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

DEPARTMENT OF DEFENSE 

32 CFR Chs. I, V, VI, and VII 

33 CFR Ch. II 

36 CFR Ch. III 

48 CFR Ch. II 

Improving Government Regulations; 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Department of Defense (DoD). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Department of Defense 

(DoD) is publishing this semiannual 

agenda of regulatory documents, 

including those that are procurementrelated, for public information and 

comments under Executive Order 

12866, ‘‘Regulatory Planning and 

Review.’’ This agenda incorporates the 

objective and criteria, when applicable, 

of the regulatory reform program under 

the Executive Order and other 

regulatory guidance. It contains DoD 

issuances initiated by DoD components 

that may have economic and 

environmental impact on State, local, or 

tribal interests under the criteria of 

Executive Order 12866. Although most 

DoD issuances listed in the agenda are 

of negligible public impact, their nature 

may be of public interest and, therefore, 

are published to provide notice of 

rulemaking and an opportunity for 

public participation in the internal DoD 

rulemaking process. Members of the 

public may submit comments on 

individual proposed and interim final 

rulemakings at www.regulations.gov 

during the comment period that follows 

publication in the Federal Register. 

This agenda updates the report 

published on July 7, 2011, and includes 

regulations expected to be issued and 

under review over the next 12 months. 

The next agenda is scheduled to be 

published in the spring of 2012. In 

addition to this agenda, DoD 

components also publish rulemaking 

notices pertaining to their specific 

statutory administration requirements as 

required. 

Starting with the fall 2007 edition, the 

Internet became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda will be 

available online at www.reginfo.gov, in 

a format that offers users the ability to 

obtain information from the Agenda 

database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), the Department of Defense’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) any rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

agenda requirements. Additional 

information on these entries is in the 

Unified Agenda available online. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the overall DoD 

regulatory improvement program and 

for general semiannual agenda 

information, contact Mr. Robert 

Cushing, telephone 571 372–0493, or 

write to Executive Services Directorate, 

Washington Headquarters Services, 

1155 Defense Pentagon, Washington, DC 

20301–1155, or email: 

robert.cushing@whs.mil. 

For questions of a legal nature 

concerning the agenda and its statutory 

requirements or obligations, write to 

Office of the General Counsel, 1600 

Defense Pentagon, Washington, DC 

20301–1600, or call 703 697–2714. 

For general information on Office of 

the Secretary regulations, other than 

those which are procurement-related, 

contact Ms. Patricia Toppings, 

telephone 571 372–0485, or write to 

Executive Services Directorate, 

Washington Headquarters Services, 

1155 Defense Pentagon, Washington, DC 

20301–1155, or email: 

patricia.toppings@whs.mil. 

For general information on Office of 

the Secretary agenda items, which are 

procurement-related, contact Ms. Ynette 

Shelkin, telephone 703 602–8384 or 

write to Defense Acquisition 

Regulations Directorate, 3060 Defense 

Pentagon, Room 3B855, Washington, DC 

20301–3060, or email: 

ynette.shelkin@osd.mil. 

For general information on 

Department of the Army regulations, 

contact Ms. Brenda Bowen, telephone 

703 428–6173, or write to the U.S. Army 

Records Management and 

Declassification Agency, ATTN: AAHS– 

RDR–C, Casey Building, Room 102, 

7701 Telegraph Road, Alexandria, 

Virginia 22315–3860, or email: 

brenda.s.bowen.civ@mail.mil. 

For general information on the U.S. 

Army Corps of Engineers regulations, 

contact Mr. Chip Smith, telephone 703 

693–3644, or write to Office of the 

Deputy Assistant Secretary of the Army 

(Policy and Legislation), 108 Army 

Pentagon, Room 2E569, Washington, DC 

20310–0108, or email: 

chip.smith@hqda.army.mil. 

For general information on 

Department of the Navy regulations, 

contact LT Lisa Senay, telephone 703 

614–5360, or write to Department of the 

Navy, Office of the Judge Advocate 

General, Administrative Law Division 

(Code 13), Washington Navy Yard, 1322 

Patterson Avenue SE., Suite 3000, 

Washington, DC 20374–5066, or email: 

lisa.senay@navy.mil. 

For general information on 

Department of the Air Force regulations, 

contact Bao-Anh Trinh, telephone 703 

696–6515, or write to Department of the 

Air Force, SAF/XCPP, 1800 Air Force 

Pentagon, Washington, DC 20330–1800, 

or email: baoanh.trinh@pentagon.af.mil. 

For specific agenda items, contact the 

appropriate individual indicated in each 

DoD component report. 

SUPPLEMENTARY INFORMATION: This 

edition of the Unified Agenda of Federal 

Regulatory and Deregulatory Actions is 

composed of the regulatory status 

reports, including procurement-related 

regulatory status reports, from the Office 

of the Secretary of Defense (OSD) and 

the Departments of the Army, Navy, and 

Air Force. Included also is the 

regulatory status report from the U.S. 

Army Corps of Engineers, whose civil 

works functions fall under the reporting 

requirements of Executive Order 12866 

and involve water resource projects and 

regulation of activities in waters of the 

United States. 

DoD issuances range from DoD 

directives (reflecting departmental 

policy) to implementing instructions 

and regulations (largely internal and 

used to implement directives). The OSD 

agenda section contains the primary 

directives under which DoD 

components promulgate their 

implementing regulations. 

In addition, this agenda, although 

published under the reporting 

requirements of Executive Order 12866, 

continues to be the DoD single-source 

reporting vehicle, which identifies 

issuances that are currently applicable 

under the various regulatory reform 

programs in progress. Therefore, DoD 

components will identify those rules 

which come under the criteria of the: 

a. Regulatory Flexibility Act; 

b. Paperwork Reduction Act of 1995; 

c. Unfunded Mandates Reform Act of 

1995. 

Those DoD issuances, which are 

directly applicable under these statutes, 


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will be identified in the agenda and 

their action status indicated. Generally, 

the regulatory status reports in this 

agenda will contain five sections: (1) 

Prerule stage; (2) proposed rule stage; (3) 

final rule stage; (4) long-term actions; 

and (5) completed actions. Where 

certain regulatory actions indicate that 

small entities are affected, the effect on 

these entities may not necessarily have 

significant economic impact on a 

substantial number of these entities as 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601[6]). 

Although not a regulatory agency, 

DoD will continue to participate in 

regulatory initiatives designed to reduce 

economic costs and unnecessary 

burdens upon the public. Comments 

and recommendations are invited on the 

rules reported and should be addressed 

to the DoD component representatives 

identified in the regulatory status 

reports. Although sensitive to the needs 

of the public, as well as regulatory 

reform, DoD reserves the right to 

exercise the exemptions and flexibility 

permitted in its rulemaking process in 

order to proceed with its overall 

defense-oriented mission. The 

publishing of this agenda does not 

waive the applicability of the military 

affairs exemption in section 553 of title 

5 U.S.C. and section 3 of Executive 

Order 12866. 

Dated: August 16, 2011. 

Michael L. Rhodes, 

Director, Administration and Management. 

DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

293 .................... Reporting of Government-Furnished Property (DFARS Case 2012–D001) ................................................... 0750–AG83 

294 .................... Updates to Wide Area WorkFlow (WAWF) (DFARS Case 2011–D027) ........................................................ 0750–AH40 

DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

295 .................... Business Systems—Definition and Administration (DFARS Case 2009–D038) ............................................. 0750–AG58 

296 .................... Responsibility and Liability for Government Property (DFARS Case 2010–D018) ........................................ 0750–AG94 

297 .................... Government Support Contractor Access to Technical Data (DFARS Case 2009–D031) .............................. 0750–AG95 

298 .................... Representation Relating to Compensation of Former DoD Officials (DFARS Case 2010–D020) ................. 0750–AG99 

299 .................... Accelerated Payments to Small Business (DFARS Case 2011–D008) .......................................................... 0750–AH19 

300 .................... Fire-Resistant Fiber for Production of Military Uniforms (DFARS Case 2011–D021) .................................... 0750–AH22 

301 .................... Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2011–D034) ...... 0750–AH27 

302 .................... Contractors Performing Private Security Functions (DFARS Case 2011–D023) ........................................... 0750–AH28 

303 .................... Management of Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case 2011–D031) ... 0750–AH30 

304 .................... Utilization of Domestic Photovoltaic Devices (DFARS Case 2011–D046) ..................................................... 0750–AH43 

DEFENSE ACQUISITION REGULATIONS COUNCIL—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

305 .................... Warranty Tracking of Serialized Items (DFARS Case 2009–D018) ............................................................... 0750–AG74 

306 .................... Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010–D027) ................... 0750–AG88 

307 .................... Construction and Architect-Engineer Services Performance Evaluation (DFARS Case 2010–D024) ........... 0750–AG91 

308 .................... Electronic Ordering Procedures (DFARS Case 2009–D037) .......................................................................... 0750–AH20 

309 .................... Inclusion of Option Amounts in Limitations on Authority of the Department of Defense to Carry Out Certain Prototype Projects (DFARS Case 2011–D024).0750–AH23 

310 .................... Award-Fee Reductions for Health and Safety Issues (DFARS Case 2009–D039) ........................................ 0750–AH24 

311 .................... Material Inspection and Receiving Report (DFARS Case 2009–D023) .......................................................... 0750–AH33 

312 .................... Extension of Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2011–D035) ..... 0750–AH34 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

313 .................... TRICARE; Reimbursement of Sole Community Hospitals .............................................................................. 0720–AB41 


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7932 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Proposed Rule Stage 

293. Reporting of Government— 

Furnished Property (DFARS Case 2012– 

D001) 

Legal Authority: 41 U.S.C. 1303 

Abstract: This rule revises and 

expands reporting requirements for 

Government-furnished property to 

include items uniquely and nonuniquely identified, and to clarify 

policy for contractor access to 

Government supply sources. The clause 

at Defense Federal Acquisition 

Regulation Supplement (DFARS) 

252.211–7007, is being renamed as 

‘‘Reporting of Government-Furnished 

Property,’’ and is being revised to 

expand definitions, and provide 

guidance on reporting of GFP. This 

clause applies to commercial contracts 

that have GFP and reporting 

applicability, and is added to the list of 

solicitation provisions and contract 

clauses applicable to the acquisition of 

commercial items at DFARS 212.301. 

Additionally, the clause at 252.251– 

7000 is being revised to require 

electronic receipts of property obtained 

from Government supply sources. The 

objective of the rule is to improve the 

accountability and control of DoD 

assets. At the time of publication, DoD 

was unable to estimate the number of 

small entities to which this rule will 

apply. Therefore, DoD invited 

comments from small business concerns 

and other interested parties on the 

expected impact of this rule on small 

entities. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/22/10 75 FR 80426 

NPRM Comment 

Period Extended.

02/18/11 76 FR 9527 

Public Meeting .... 03/18/11 76 FR 11190 

NPRM Comment 

Period End.

04/08/11 

Second NPRM .... 10/19/11 76 FR 64885 

Second NPRM 

Comment Period End.

12/19/11 

Final Action ......... 03/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AG83 

294. • Updates to Wide Area Workflow 

(WAWF) (DFARS Case 2011–D027) 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to update policy 

and procedures on electronic 

submission of payment requests and 

receiving reports through Wide Area 

WorkFlow (WAWF) and TRICARE 

Encounter Data System (TEDS). WAWF 

is the accepted DoD system for 

generating invoices and receiving 

reports. TEDS is an accepted system for 

processing payment requests for 

rendered TRICARE health care services. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AH40 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Final Rule Stage 

295. Business Systems—Definition and 

Administration (DFARS Case 2009– 

D038) 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD is adopting as final, 

with changes, an interim rule amending 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

improve the effectiveness of DoD 

oversight of contractor business 

systems. Section 893 of the National 

Defense Authorization Act for Fiscal 

Year 2011 established statutory 

requirements for the improvement of 

contractor business systems to ensure 

that such systems provide timely, 

reliable information for the management 

of DoD programs. In accordance with 

section 893, DoD is issuing a rule to 

improve the effectiveness of DCMA/ 

DCAA oversight and clarify the 

definition and administration of 

contractor business systems. 

The rule addresses comments 

received under the interim rule for this 

case, as well as statutory requirements 

of section 893 of the National Defense 

Authorization Act for Fiscal Year 2011. 

DoD published an interim rule with 

request for comments on May 18, 2011 

(76 FR 28856). 

The rule will apply to solicitations 

and contracts that are subject to the Cost 

Accounting Standards (CAS) under 41 

U.S.C. chapter 15, as implemented in 

regulations found at 48 CFR 9903.201– 

1 (see the FAR Appendix). Since 

contracts and subcontracts with small 

businesses are exempt from CAS 

requirements, DoD estimates that this 

rule will have no impact on small 

businesses. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/15/10 75 FR 2457 

NPRM Comment 

Period End.

03/16/10 

Second NPRM .... 12/03/10 75 FR 75549 

Second NPRM 

Comment Period Extended.

12/09/10 75 FR 76692 

Second NPRM 

Comment Period End.

01/10/11 

Interim Final Rule 05/18/11 76 FR 28855 

Interim Final Rule 

Effective.

05/18/11 

Interim Final Rule 

Comment Period End.

07/18/11 

Final Action ......... 04/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AG58 

296. Responsibility and Liability for 

Government Property (DFARS Case 

2010–D018) 

Legal Authority: 41 U.S.C. 1303 

Abstract: This rule amends the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to extend the 

Government self-insurance policy for 

Government property provided under 

negotiated fixed-price contracts that are 

awarded on a basis other than 

submission of certified cost or pricing 

data. This rule proposes that DoD 

contractors not be held liable for loss of 

Government property under such 

contracts, and eliminates the use of 

Alternate I of the FAR clause at 52.245– 

1, Government Property. Use of 

Alternate I requires contractors to 

assume the risk and be responsible for 


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loss of Government property. The basic 

premise of this case, that the 

Government should be self-insuring 

under contracts that provide 

Government property, is supported by 

the Government Accountability Office 

(GAO) policy contained in GAO 

publication, GAO–04–261SP 

Appropriations Law, and its decisions. 

Any impact of this rule on small entities 

is expected to be beneficial. The 

Government assuming the liability for 

loss of Government property under 

negotiated fixed-price contracts 

awarded on a basis other than 

submission of certified cost or pricing 

data should provide some relief for the 

small entities concerning costs to 

acquire insurance against risk of loss. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/19/11 76 FR 21852 

NPRM Comment 

Period End.

06/20/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AG94 

297. Government Support Contractor 

Access to Technical Data (DFARS Case 

2009–D031) 

Legal Authority: Pub. L. 111–84 

Abstract: This rule amends the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 821 of the National Defense 

Authorization Act for Fiscal Year 2010. 

Section 821 provides authority for 

certain types of Government support 

contractors to have access to proprietary 

technical data belonging to prime 

contractors and other third parties, 

provided that the technical data owner 

may require the support contractor to 

execute a non-disclosure agreement 

having certain restrictions and 

remedies. 

Additionally, this rule amends the 

DFARS to provide needed editorial 

changes. The rule implements a new 

third statutory exception to the 

prohibition on release of privately 

developed data outside the Government, 

allowing a covered Government support 

contractor access to, and use of, any 

technical data delivered under a 

contract for the sole purpose of 

furnishing independent and impartial 

advice or technical assistance directly to 

the Government in support of the 

Government’s management and 

oversight of the program or effort to 

which such technical data relates. 

The rule also provides a definition of 

‘‘covered Government support 

contractor’’ as contractor under a 

contract, whose primary purpose is to 

furnish independent and impartial 

advice or technical assistance directly to 

the Government in support of the 

Government’s management and 

oversight of a program or effort . A 

‘‘covered Government support 

contractor’’ must meet certain criteria 

identified in the rule and provide 

certain assurances to the Government to 

protect the proprietary and nonpublic 

nature of the technical data furnished to 

the covered Government support 

contractor, to include signing a nondisclosure agreement. 

The rule affects small businesses that 

are Government support contractors that 

need access to proprietary technical 

data belonging to prime contractors and 

other third parties. There are no known 

significant alternatives to the rule that 

would meet the requirements of the 

statute and minimize any significant 

economic impact of the rule on small 

entities. The impact of this rule on small 

business is not expected to be 

significant because the execution of a 

non-disclosure agreement is not likely 

to have a significant cost or 

administrative impact. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 03/02/11 76 FR 11363 

Interim Final Rule 

Effective Date.

03/02/11 

Interim Final Rule 

Comment Period End.

05/02/11 

Final Action ......... 01/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AG95 

298. Representation Relating to 

Compensation of Former DOD Officials 

(DFARS Case 2010–D020) 

Legal Authority: 41 U.S.C. 1303; 18 

U.S.C. 207; 41 U.S.C. 423; Pub. L. 110– 

181 

Abstract: This rule amends the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to require that 

offerors represent whether former DoD 

officials employed by the offeror are in 

compliance with post-employment 

restrictions concerning post-government 

employment for DoD and other Federal 

employees after leaving Government 

employment. The proposed rule will 

require offerors to submit 

representations at the time of contract 

award that all former DoD officials that 

are covered by the Procurement 

Integrity Act are in compliance with 

post-employment restrictions set forth 

in DFARS 203.171–3 and DFARS 

252.203–7000. The representation goes 

further in also requiring a representation 

that former DoD employees employed 

by the contractor are also in compliance 

with additional post-employment 

restrictions. This representation will be 

required in contracts for commercial 

items. 

There is no impact on the offeror 

unless the former DoD officials covered 

by the Procurement Integrity Act are not 

in compliance with the post— 

employment restrictions. In order to 

submit an offer, small entities that hire 

a former DoD official covered by the 

Procurement Integrity Act will have to 

check the compliance of such 

employees with various applicable postemployment restrictions. 

DFARS 252.203–7000, Requirements 

Relating to Compensation of Former 

DoD Officials, already requires 

contractors to determine that a covered 

DoD official has sought and received, or 

has not received after 30 days of 

seeking, a written opinion from the 

appropriate DoD ethics counselor, 

regarding the applicability of postemployment restrictions to the activities 

that the official is expected to undertake 

on behalf of the contractor. Therefore, 

this representation of compliance does 

not impose an additional burden on the 

offeror. Any economic impact is 

expected to be minimal. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/06/11 76 FR 32846 

NPRM Comment 

Period End.

08/05/11 

Final Action ......... 02/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 


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Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AG99 

299. Accelerated Payments to Small 

Business (DFARS Case 2011–D008) 

Legal Authority: 41 U.S.C. 1303 

Abstract: This rule amends the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to accelerate 

payments to all small business 

concerns. Currently, DoD assists small 

disadvantaged business concerns by 

paying them as quickly as possible after 

invoices are received and before normal 

payment due dates established in the 

contract. This rule proposes removal of 

the term ‘‘disadvantaged’’ from the 

language at DFARS 232.903 and DFARS 

232.906(a)(ii) extending this assistance 

to all small business concerns. This will 

align the DFARS with the statutory 

language at 5 CFR 1315.5 and FAR 

32.903, which allows agencies to 

authorize accelerated payment 

procedures for small businesses. 

Because the rule proposes to extend 

accelerated payment assistance to all 

small business concerns, a positive 

economic impact on small business is 

expected. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 04/27/11 76 FR 23505 

Interim Final Rule 

Effective.

04/27/11 

Interim Final Rule 

Comment Period End.

06/27/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AH19 

300. • Fire-Resistant Fiber for 

Production of Military Uniforms 

(DFARS Case 2011–D021) 

Legal Authority: Pub. L. 111–383 

Abstract: Implements section 821 of 

the National Defense Authorization Act 

for Fiscal Year 2011 (Pub. L. 111–383). 

Section 821 prohibits specification of 

the use of fire-resistant rayon fiber in 

solicitations issued before January 1, 

2015. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/06/11 76 FR 32843 

Interim Final Rule 

Effective.

06/06/11 

Interim Final Rule 

Comment Period End.

08/05/11 

Final Action ......... 02/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AH22 

301. • Pilot Program on Acquisition of 

Military Purpose Nondevelopmental 

Items (DFARS Case 2011–D034) 

Legal Authority: Pub. L. 111–383 

Abstract: Implements section 866 of 

the National Defense Authorization Act 

for Fiscal Year 2011 (Pub. L. 111–383). 

Section 866 authorized the Secretary of 

Defense to establish a pilot program to 

assess the feasibility and advisability of 

acquiring military purpose 

nondevelopmental items. The authority 

for this pilot program expires on January 

6, 2016. Under this pilot program, DoD 

may enter into contracts with 

nontraditional defense contractors for 

the purpose of: (1) Enabling DoD to 

acquire items that otherwise might have 

been available to DoD; (2) assisting DoD 

in the rapid acquisition and fielding of 

capabilities needed to meet urgent 

operational needs; and (3) protecting the 

interests of the United States in paying 

fair and reasonable prices for the item 

or items acquired. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/29/11 76 FR 38048 

Interim Final Rule 

Effective.

06/29/11 

Interim Final Rule 

Comment Period End.

08/29/11 

Final Action ......... 03/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AH27 

302. • Contractors Performing Private 

Security Functions (DFARS Case 2011– 

D023) 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 110–181; Pub. L. 110–417; Pub. L. 

111–383 

Abstract: This interim rule amends 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement 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 

and sections 831 and 832 of the NDAA 

for FY 2011. Section 862, as amended, 

establishes minimum processes and 

requirements for the selection, 

accountability, training, equipping, and 

conduct of personnel performing private 

security functions. The DFARS is being 

revised to implement the statute. This 

interim rule implements the legislation 

by establishing (1) regulations 

addressing the selection, training, 

equipping, and conduct of personnel 

performing private security functions in 

areas of contingency operations, 

complex contingency operations, or 

other military operations or exercises 

that are designated by the combatant 

commander, (2) a contract clause, and 

(3) remedies. DoD does not expect this 

interim 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 

statute impacts only private security 

contractors performing outside the 

United States. Nevertheless, an initial 

regulatory flexibility analysis has been 

performed. Additionally, DoD invites 

comments from small business concerns 

and other interested parties on the 

expected impact of this rule on small 

entities. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/19/11 76 FR 52133 

Interim Final Rule 

Effective.

08/19/11 

Interim Final Rule 

Comment Period End.

10/18/11 

Final Action ......... 03/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 


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20301, Phone: 703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AH28 

303. • Management of Manufacturing 

Risk in Major Defense Acquisition 

Programs (DFARS Case 2011–D031) 

Legal Authority: Pub. L. 111–383 

Abstract: DoD is issuing an interim 

rule to implement section 812 of the 

National Defense Authorization Act for 

Fiscal Year 2011. Section 812(b)(5), 

instructs DoD to issue guidance that, at 

a minimum, shall require appropriate 

consideration of the manufacturing 

readiness and manufacturing-readiness 

processes of potential contractors and 

subcontractors as a part of the source 

selection process for major defense 

acquisition programs. The interim rule 

amends the Defense Federal Acquisition 

Regulation Supplement (DFARS) 

subpart 215.3, Source Selection by 

adding paragraph (iv) to state that the 

manufacturing readiness and 

manufacturing-readiness processes of 

potential contractors and subcontractors 

shall be considered as a part of the 

source selection process for major 

defense acquisition programs. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/29/11 76 FR 38050 

Interim Final Rule 

Effective.

06/29/11 

Interim Final Rule 

Comment Period End.

08/29/11 

Final Action ......... 02/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AH30 

304. • Utilization of Domestic 

Photovoltaic Devices (DFARS Case 

2011–D046) 

Legal Authority: Pub. L. 111–383; 41 

U.S.C. 1905; 41 U.S.C. 1906; 41 U.S.C. 

1707 

Abstract: This interim rule amends 

the Defense Federal Acquisition 

Regulation Supplement to implement 

section 846 of the National Defense 

Authorization Act for Fiscal Year 2011. 

The section provides that photovoltaic 

devices to be utilized in performance of 

any covered contract shall comply with 

the Buy American statute, subject to the 

exceptions provided in the Trade 

Agreements Act of 1979 or otherwise 

provided by law. The rule amends 

DFARS subpart 225.70 by adding a new 

section 225.7017, Utilization of 

domestic photovoltaic devices, as well 

as an associated provision and clause in 

DFARS part 252. DoD has not made a 

determination to apply the requirement 

of section 846 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2011 to contracts at or below 

the simplified acquisition threshold 

(SAT), but has determined to apply the 

rule to contracts for the acquisition of 

commercial items. The objective of the 

rule is to promote utilization of 

domestic photovoltaic devices under an 

energy savings contract, a utility service 

contract, or a private housing contract, 

if such contract does not include DoD 

purchase of photovoltaic devices as end 

products, but will nevertheless result in 

DoD ownership of photovoltaic devices. 

Prime contractors for this type of 

contract would generally be large 

businesses, based on the capital costs 

involved in these projects. However, 

many developers tend to subcontract 

out the majority of work to smaller 

companies. We do not currently have 

data available on whether any of the 

manufacturers of photovoltaic devices 

are small entities. DoD expects that this 

interim rule may have a significant 

economic impact on a substantial 

number of small entities. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/00/11 

Final Action ......... 03/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AH43 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Completed Actions 

305. Warranty Tracking of Serialized 

Items (DFARS Case 2009–D018) 

Legal Authority: 41 U.S.C. 401 

Abstract: This rule amends the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement a 

policy memorandum of the 

Undersecretary of Defense for 

Acquisition, Technology and Logistics 

dated February 6, 2007, that required 

definition of the requirements to track 

warranties for Item Unique 

Identification-required items in the Item 

Unique Identification registry. This 

proposed rule stresses that the 

enforcement of warranties is essential to 

the effectiveness and efficiency of DoD’s 

material readiness. The capability to 

track warranties will significantly 

enhance the ability of DoD to—(1) 

Identify and enforce warranties, (2) 

Ensure sufficient durations of 

warranties for specific goods; and (3) 

Realize improved material readiness. 

The rule is structured to reduce burden 

to contractors and to facilitate data 

capture. DoD anticipates that there will 

be limited, if any, additional costs 

imposed on small businesses. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/30/10 75 FR 52917 

NPRM Comment 

Period End.

10/29/10 

Final Action ......... 06/08/11 76 FR 33166 

Final Action Effective.06/08/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AG74 

306. Prohibition on Interrogation of 

Detainees by Contractor Personnel 

(DFARS Case 2010–D027) 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 111–84 

Abstract: This final rule implements 

section 1038 of the Fiscal Year 2010 

National Defense Implements 

Authorization Act (Pub. L. 111–84). 

Section 1038 prohibits contractor 

personnel from interrogating detainees 

under the control of the Department of 

Defense. It also allows the Secretary of 

Defense to waive the prohibition for a 

limited period of time, if determined 

necessary to the national security 

interests of the United States. The 

interim rule added coverage at Defense 

Federal Acquisition Regulation 

Supplement (DFARS) 237.173 and a 

new clause at DFARS 252.237–7010 that 

prescribes policies prohibiting 

interrogation of detainees by contractor 

personnel as required by the statute. 

The interim rule also addressed 

permissible support roles for contractors 

by providing that contractor personnel 


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with proper training and security 

clearances may be used as linguists, 

interpreters, report writers, information 

technology technicians, and other 

employees filling ancillary positions, 

including as trainers of, and advisors to, 

interrogations, if the contractor 

personnel meet the criteria provided by 

DoD Instruction 1100.22, Policy and 

Procedures for Determining Workforce 

Mix; DoD Directive 2310.01E, The 

Department of Defense Detainee 

Program; and DoD Directive 3115.09, 

DoD Intelligence Interrogations, 

Detainee Debriefings, and Tactical 

Questioning. This rule only prescribed 

policies that prohibit interrogation of 

detainees by contractor personnel. DoD 

anticipates that there will be no 

additional costs imposed on small 

businesses. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 11/03/10 75 FR 67632 

Interim Final Rule 

Effective.

11/03/10 

Interim Final Rule 

Comment Period End.

01/03/11 

Final Action ......... 07/25/11 76 FR 44282 

Final Action Effective.07/25/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AG88 

307. Construction and ArchitectEngineer Services Performance 

Evaluation (DFARS Case 2010–D024) 

Legal Authority: 41 U.S.C. 1303 

Abstract: This rule amended the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to remove the 

requirement to prepare contractor 

performance evaluations for 

construction and architect-engineer 

services by using DoD-unique forms. In 

2010, consistent with the Office of 

Federal Procurement Policy 

memorandum dated July 29, 2008, 

Improving the Use of Contractor 

Performance Information, the Contractor 

Performance Assessment Reporting 

System (CPARS) was named as the sole 

system for collecting past-performance 

information. As such, CPARS will 

support Governmentwide data 

collection requirements for contractor 

past performance reporting, to include 

construction and A&E contracts, and 

DFARS was updated to delete the 

outdated procedures and references to 

the obsolete DoD forms. The 

clarifications require no additional 

effort by contractors as the changes 

simply updated the DFARS to reflect the 

current automated process being used. 

CPARS is already being used by DoD 

personnel to report construction and 

A&E services contractor past 

performance, and the DFARS was 

merely updated to remove references to 

obsolete forms and procedures and 

reflect the current process. No start-up 

costs are expected as only Internet 

access is required should small entities 

elect to comment on their past 

performance rating in CPARS. 

Accordingly, any economic impact is 

expected to be minimal. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/19/11 76 FR 21851 

NPRM Comment 

Period End.

06/20/11 

Final Action ......... 09/20/11 76 FR 58155 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AG91 

308. Electronic Ordering Procedures 

(DFARS Case 2009–D037) 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 107–347 

Abstract: This rule addresses 

electronic business procedures for 

placing orders. This rule adds a new 

clause in the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to clarify this process and 

standardize issuance of orders via 

electronic means DoD currently has the 

capability to distribute orders 

electronically on a routine basis, and 

can post to a Web site that any 

contractor can access. In order to make 

this possible, the DFARS needs to 

provide language that will make those 

procedures a routine part of contract 

issuance. This will enable DoD to 

further the goals of the E–Government 

Act of 2002 (Pub. L. 107–347). The 

benefit of this rule to small business is 

that it will make electronic distribution 

procedures a routine part of order 

issuance. This change will ultimately 

help improve the management and 

promotion of electronic Government 

services and processes, and will 

establish a framework to improve public 

access to Government information, and 

services. 

Timetable: 

Action Date FR Cite 

Direct Final Rule 05/05/11 76 FR 25566 

Final Action Effective.05/05/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AH20 

309. • Inclusion of Option Amounts in 

Limitations on Authority of the 

Department of Defense To Carry Out 

Certain Prototype Projects (DFARS Case 

2011–D024) 

Legal Authority: Pub. L. 111–383 

Abstract: This rule amends the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 826 of the National Defense 

Authorization Act for Fiscal Year 2011. 

Section 826 amended the DoD pilot 

program for transition to follow-on 

contracting after use of other transaction 

authority. 

Timetable: 

Action Date FR Cite 

Direct Final Rule 06/08/11 76 FR 33170 

Final Action Effective.06/08/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AH23 

310. • Award-Fee Reductions for 

Health and Safety Issues (DFARS Case 

2009–D039) 

Legal Authority: Pub. L. 111–84; Pub. 

L. 109–364 

Abstract: DoD issued an interim rule 

on November 12, 2011, amending the 

Defense FAR Supplement to implement 

section 823 of the National Defense 

Authorization Act for Fiscal Year 2010 

and section 834 of the National Defense 

Authorization Act for Fiscal Year 2011. 


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Section 823 requires that all covered 

contracts for the procurement of goods 

or services using award fees be reviewed 

by the contracting officer during the 

evaluation of the contractor 

performance for the relevant award fee 

period, to determine if actions of gross 

negligence or reckless disregard by the 

contractor or its subcontractors caused 

harm or death to Government personnel, 

both civilian or military. Section 834 of 

the National Defense Authorization Act 

for Fiscal Year 2011, added an 

additional disposition, for a finding of 

fault by the Secretary of Defense in an 

administrative proceeding, where a 

reduction or denial of award fee is 

applicable. The case was closed as 

agreed to by the DAR Council on June 

2, 2011, incorporated into DFARS Case 

2011–D033, and renamed Award Fee 

Reduction or Denial for Health or Safety 

Issues, RIN 0750–AH37. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 11/12/10 75 FR 69360 

Interim Final Rule 

Effective.

11/12/10 

Interim Final Rule 

Comment Period End.

01/11/11 

Merged With 

0750–AH37.

06/02/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 

OUSD/AT&L DPAP/DARS, 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060, Phone: 

703 602–8384, Email: 

ynette.shelkin@osd.mil. 

RIN: 0750–AH24 

311. • Material Inspection and 

Receiving Report (DFARS Case 2009– 

D023) 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD issued a final rule with 

changes to implement updates to the 

Defense FAR Supplement (DFARS), 

appendix F, Material Inspection and 

Receiving Report, that incorporate 

procedures for using the electronic 

Wide Area Workflow (WAWF) 

Receiving Report required for use in 

most contracts in lieu of the DD Form 

250, Material Inspection and Receiving 

Report, which is now used mostly on an 

exception basis. DoD published a 

proposed rule in the Federal Register 

(75 FR 56961) on September 17, 2010, 

to amend DFARS appendix F to provide 

new coverage on the use, preparation, 

and distribution of the electronic 

WAWF receiving report which is the 

primary method for documenting 

acceptance and distribution of 

shipments. The rule also addressed 

WAWF capability to provide Item 

Unique Identification (IUID), and Radio 

Frequency Identification (RFID). The 

rule was revised to reflect comments 

received. A final regulatory flexibility 

analysis has been prepared. The final 

rule affects all DoD contractors who are 

not exempt from using WAWF, 

however, the exact number of small 

entities is unknown. Any impact on 

small business is expected to be 

beneficial from providing detailed 

preparation and distribution guidance 

for use of WAWF. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/17/10 75 FR 56961 

NPRM Comment 

Period End.

11/16/10 

Final Action ......... 09/20/11 76 FR 58122 

Final Action Effective.09/20/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AH33 

312. • Extension of Restrictions on the 

Use of Mandatory Arbitration 

Agreements (DFARS 2011–D035) 

Legal Authority: Pub. L. 112–10 

Abstract: This rule amends the 

Defense Federal Acquisition Regulation 

Supplements (DFARS)to implement 

section 8102 of the DoD Appropriations 

Act for Fiscal Year 2011 (Pub. L. 112– 

10) to restrict the use of mandatory 

arbitration agreements when awarding 

contracts that exceed $1 million when 

using Fiscal Year 2011 funds 

appropriated or otherwise made 

available by the DoD Appropriations 

Act. Section 8102 of Public Law 112–10 

prohibits the use of Fiscal Year 2011 

funds for any contract (including task or 

delivery orders and bilateral 

modifications adding new work) in 

excess of $1 million, if the contractor 

restricts its employees to arbitration for 

claims under title VII of the Civil Rights 

Act of 1964, or tort related to or arising 

out of sexual assault or harassment, 

including assault and battery, 

intentional infliction of emotional 

distress, false imprisonment, or 

negligent hiring, supervision, or 

retention. This rule does not apply to 

the acquisition of commercial items. 

Section 8102(b) requires the contractor 

to certify compliance by subcontractors. 

The Secretary of Defense to waive 

applicability to a particular contractor 

or subcontractor, if determined 

necessary to avoid harm to national 

security. 

Timetable: 

Action Date FR Cite 

Direct Final Rule 06/29/11 76 FR 38047 

Final Action Effective.06/29/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Overstreet, 

Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Washington, DC 

20301, Phone: 703 602–0311, Email: 

mary.overstreet@osd.mil. 

RIN: 0750–AH34 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Final Rule Stage 

313. TRICARE; Reimbursement of Sole 

Community Hospitals 

Legal Authority: 5 U.S.C. 301; 10 

U.S.C. ch 55 

Abstract: This proposed rule is to 

implement the statutory provision at 10 

U.S.C. 1079(j)(2) that TRICARE payment 

methods for institutional care be 

determined, to the extent practicable, in 

accordance with the same 

reimbursement rules as those that apply 

to payments to providers of services of 

the same type under Medicare. This 

proposed rule implements a 

reimbursement methodology similar to 

that furnished to Medicare beneficiaries 

for inpatient services provided by Sole 

Community Hospitals (SCHs). It will be 

phased in over a several-year period. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/05/11 76 FR 39043 

NPRM Comment 

Period End.

09/06/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marty Maxey, 

Department of Defense, Office of 

Assistant Secretary for Health Affairs, 

1200 Defense Pentagon, Washington, DC 

20301, Phone: 303 676–3627. 

RIN: 0720–AB41 

[FR Doc. 2012–1642 Filed 2–10–12; 8:45 am] 

BILLING CODE 5001–06–P 


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