Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules 2679 

claimed as confidential business 

information must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

Send or deliver information identified 

as confidential business information 

only to the following address: Roberto 

Morales, U.S. EPA, Office of Air Quality 

Planning and Standards, Mail Code 

C404–02, Research Triangle Park, NC 

27711, telephone (919) 541–0880, email 

at morales.roberto@epa.gov, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0476. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

B. Where can I get a copy of this 

document and other related 

information? 

The EPA has established a docket for 

the ozone designations rulemaking for 

the 2008 ozone standards at EPA–HQ– 

OAR–2008–0476. In addition, the EPA 

has established a Web site for the ozone 

designations rulemaking at 

www.epa.gov/ozonedesignations. The 

Web site includes the state and tribal 

designation recommendations, 

information supporting the EPA’s 

preliminary designation decisions, as 

well as the rulemaking actions and other 

related information that the public may 

find useful. 

Dated: January 12, 2012. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2012–957 Filed 1–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 204 

[DFARS Case 2012–D002] 

RIN 0750–AH56 

Defense Federal Acquisition 

Regulation Supplement: Order of 

Application for Modifications 

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 establish an 

order for application of contract 

modifications to resolve any potential 

conflicts that may arise from multiple 

modifications with the same effective 

date. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 19, 2012, to be considered in the 

formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS case 2012–D002, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2012–D002’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D002.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D002’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D002 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Julian 

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 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 Thrash, (703) 602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Defense Federal Acquisition 

Regulation Supplement (DFARS) 

subpart 204.70, Uniform Procurement 

Instrument Identification Numbers, 

prescribes numbering procedures for 

contract modifications and the Federal 

Acquisition Regulation (FAR) part 43.1, 

General, prescribes rules for 

determining the effective date. There are 

no rules to describe in what order to 

apply modifications to determine the 

actual content of a resulting modified 

contract. In order to determine the 

sequence of modifications to a contract 

or order, a method for determining the 

order of application for modifications is 

needed to resolve any conflict arising 

from multiple modifications with the 

same effective date. As such, this rule 

proposes to add DFARS text at 

204.7007, Order of Application for 

Modifications, to resolve any potential 

inconsistency. 

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 proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because this rule only affects the 

internal operating processes of DoD by 

clarifying an order of application for 

contract modifications, and it does not 

have an economic impact on 

contractors. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

The objective for this case is to 

provide a set of rules to the contracting 

officer to resolve any potential conflict 

from multiple modifications with the 

same effective date. The changes 


EMCDONALD on DSK29S0YB1PROD with PROPOSALS
2680 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules 

required to the DFARS by this case only 

affect the internal operating processes of 

DoD by establishing an order of 

application for contract modifications. 

These changes are not expected to have 

a significant economic impact on 

contractors. 

This rule does not impose any new 

reporting or recordkeeping 

requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

The alternative to this rule is to 

continue relying on DFARS subpart 

204.70, which prescribes numbering 

procedures for contract modifications, 

and FAR subpart 43.1, which provides 

guidelines for determining the effective 

date. However, the cited text does not 

provide a clear structured path to ensure 

no ambiguity arises when determining 

what order to apply modifications. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2012–D002) in 

the correspondence. 

IV. Paperwork Reduction Act 

This rule does not impose any new 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 204 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 204 is 

proposed to be amended as follows: 

1. The authority citation for 48 CFR 

part 204 is revised to read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

2. Add section 204.7007 to read as 

follows: 

204.7007 Order of application for 

modifications. 

(a) Circumstances may exist in which 

the numeric order of the modifications 

to a contract is not the order in which 

the changes to the contract actually take 

effect. 

(b) In order to determine the sequence 

of modifications to a contract or order, 

the modifications will be applied in the 

following order: 

(1) Modifications will be applied in 

order of the effective date on the 

modification. 

(2) In the event of two or more 

modifications with the same effective 

date, modifications will be applied in 

signature date order. 

(3) In the event of two or more 

modifications with the same effective 

date and the same signature date, 

procuring contracting office 

modifications will be applied in 

numeric order, followed by contract 

administration office modifications in 

numeric order. 

[FR Doc. 2012–969 Filed 1–18–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 215, 217, 219, 225, 

239, 241, 242, 244, and 252 

[DFARS Case 2011–D040] 

RIN 0750–AH49 

Defense Federal Acquisition 

Regulation Supplement; Definition of 

Cost or Pricing Data 

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 

update text addressing the definition of 

cost or pricing data. The DFARS 

changes are necessary to ensure 

consistency with the Federal 

Acquisition Regulation (FAR). 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 19, 2012, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2011–D040, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by Inserting 

‘‘DFARS Case 2011–D040’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D040.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D040’’ on your 

attached document. Follow the 

instructions for submitting comments. 

Email: dfars@osd.mil. Include DFARS 

Case 2011–D040 in the subject line of 

the message. 

Fax: (703) 602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Mark Gomersall, 

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: Mr. 

Mark Gomersall, (703) 602–0302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule proposes to update the 

DFARS for consistency with FAR 

changes addressing the definition of 

cost or pricing data, published at 75 FR 

53135 on August 30, 2010. 

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 

This rule proposes to update the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) for consistency 

with Federal Acquisition Regulation 

(FAR) changes addressing the definition 

of cost or pricing data, published at 75 

FR 53135 on August 30, 2010. DoD does 

not expect this proposed rule to have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 


EMCDONALD on DSK29S0YB1PROD with PROPOSALS