Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Proposed Rules 4647 

PART 4281—DUTIES OF PLAN 

SPONSOR FOLLOWING MASS 

WITHDRAWAL 

■ 5. The authority citation for part 4281 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3), 1341(a), 

1399(c)(1)(D), and 1441. 

§ 4281.43 [Amended] 

■ 6. Amend § 4281.43 by: 

■ a. Revising the section to read 

‘‘Notices of Insolvency.’’. 

■ b. Removing paragraphs (b), (d), and 

(f); redesignating paragraph (c) as 

paragraph (b); and redesignating 

paragraph (e) as paragraph (c). 

§ 4281.44 [Amended] 

■ 7. Amend § 4281.44 by: 

■ a. Revising the section heading to read 

‘‘Contents of notices of insolvency.’’. 

■ b. Amending paragraph (a) by 

removing paragraph (a)(4) and 

redesignating paragraphs (a)(5) through 

(a)(13) as paragraphs (a)(4) through 

(a)(12), respectively. 

■ c. Removing paragraphs (c) and (d). 

§ 4281.46 [Amended] 

■ 8. In § 4281.46, paragraph (a) is 

amended by removing the words 

‘‘§ 4281.44(a)(1) through (a)(5) and (a)(7) 

through (a)(11)’’ and adding in their 

place the words ‘‘§ 4281.44(a)(1) 

through (a)(4) and (a)(6) through 

(a)(10)’’. 

§ 4281.47 [Amended] 

■ 9. In § 4281.47, paragraph (c) is 

amended by removing the word ‘‘(a)(5)’’ 

and adding in its place the word 

‘‘(a)(4)’’. 

Issued in Washington, DC, this 16th day of 

January, 2014. 

Joshua Gotbaum, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2014–01337 Filed 1–28–14; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, 232, and 252 

RIN 0750–AH86 

Defense Federal Acquisition 

Regulation Supplement; Payment in 

Local Currency (Afghanistan) (DFARS 

Case 2013–D029) 

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 

incorporate into the DFARS policies and 

procedures concerning payment for 

contracts for performance in 

Afghanistan. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before March 31, 2014, to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments, 

identified by DFARS Case 2013–D029, 

using any of the following methods: 

Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inserting ‘‘DFARS Case 2013–D029’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D029.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2013– 

D029’’ on your attached document. 

Follow the instructions for submitting 

comments. 

Email: dfars@mail.mil. Include 

DFARS Case 2013–D029 in the subject 

line of the message. 

Fax: 571–372–6094. 

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, Defense Acquisition 

Regulations System, Attn: Mr. Mark 

Gomersall, OUSD(AT&L)DPAP(DARS), 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6099. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to amend the 

DFARS to provide policy and 

procedures at DFARS 212.301 and 

232.72 on the use of a new solicitation 

provision at 252.232–7XXX, 

Notification of Payment in Local 

Currency (Afghanistan). This provision 

provides notification that the payment 

currency to be used for contracts for 

performance in Afghanistan shall be 

dependent on the nationality of the 

vendor. This rule implements the 

procedures concerning payment 

currency contained in the U.S. Central 

Command’s Fragmentary Order 

(FRAGO) 09–1567 and FRAGO 10–143. 

II. Discussion and Analysis 

The solicitation provision, 252.232– 

7XXX, provides that if the contract is 

awarded to a host nation vendor 

(Afghan), the contractor will receive 

payment in Afghani (local currency) via 

electronic funds transfer to a local 

(Afghan) banking institution. Contracts 

shall not be awarded to host nation 

vendors (Afghans) who do not bank 

locally. If awarded to other than a host 

nation vendor, the contract will be 

awarded in U.S. dollars. 

Additionally, DFARS 225.7703–1 is 

added to provide direction to 

contracting officers to follow the 

procedures included at DFARS 

Procedures, Guidance, and Information 

(PGI) 225.7703–1(c) when issuing 

solicitations and contracts for 

performance in Afghanistan. The PGI 

reference provides a link to the U.S. 

Central Command’s (CENTCOM) 

Operational Contract Support Policies 

and Procedures, Theater Business 

Clearance process for clearing contracts 

to be performed in CENTCOM’s area of 

responsibility. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

DoD does not expect this 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. However, an initial regulatory 

flexibility analysis has been performed 

and is summarized as follows: 


tkelley on DSK3SPTVN1PROD with PROPOSALS
4648 Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Proposed Rules 

This rule amends the DFARS by 

incorporating policies and procedures at 

DFARS 212.301 and 232.72 on the use 

of a new DFARS solicitation provision 

252.232–7XXX, Notification of Payment 

in Local Currency (Afghanistan). This 

rule proposes to implement the payment 

currency procedures contained in the 

U.S. Central Command’s Fragmentary 

Orders 09–1567 and 10–143. The 

provision provides notification that the 

payment currency to be used for 

contracts for performance in 

Afghanistan shall be dependent on the 

nationality of the vendor. Additionally, 

DFARS 225.7703–1 provides direction 

to contracting officers to follow the 

procedures at DFARS Procedures, 

Guidance, and Information 225.7703– 

1(c) when issuing solicitations and 

contracts for performance in 

Afghanistan. 

DoD does not expect this proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities because this rule merely 

provides requirements for payments to 

host nation vendors for performance in 

Afghanistan. 

The proposed rule does not duplicate, 

overlap, or conflict with any other 

Federal rules. 

V. Paperwork Reduction Act 

The rule does not contain 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 212, 

225, 232, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 225, 232, 

and 252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 212, 

225, 232, and 252 continues to read as 

follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Section 212.301 is amended by— 

■ a. Redesignating paragraphs (f)(lii) 

through (lxvii) as (f)(liii) through 

(lxviii); and 

■ b. Adding a new paragraph (f)(lii) as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(lii) Use the clause at 252.232–7XXX, 

Notification of Payment in Local 

Currency (Afghanistan), as prescribed in 

237.7202. 

* * * * * 

PART 225—FOREIGN ACQUISITIONS 

■ 3. Section 225.7703–1 is amended by 

adding paragraph (c) to read as follows: 

225.7703–1 Acquisition procedures. 

* * * * * 

(c) When issuing solicitations and 

contracts for performance in 

Afghanistan, follow the procedures at 

PGI 225.7703–1(c). 

PART 232—CONTRACT FINANCING 

■ 4. Add subpart 232.72 to read as 

follows: 

Subpart 232.72—Payment in Local Currency 

(Afghanistan) 

Sec. 

232.7200 Scope of subpart. 

232.7201 Policy and procedures. 

232.7202 Solicitation provision. 

Subpart 232.72—Payment in Local 

Currency (Afghanistan) 

232.7200 Scope of subpart. 

This subpart prescribes policies and 

procedures concerning the payment of 

contracts for performance in 

Afghanistan. 

232.7201 Policy and procedures. 

Payment currency used for contracts 

performed in Afghanistan shall be 

dependent on the nationality of the 

vendor pursuant to the authority of 

USCENTCOM Fragmentary Orders 

(FRAGOs) 09–1567 and 10–143. If the 

contract is awarded to a host nation 

vendor (Afghan), the contractor will be 

paid in Afghani (local currency) via 

electronic funds transfer to a local 

(Afghan) banking institution. Contracts 

shall not be awarded to host nation 

vendors who do not bank locally. If 

awarded to other than a host nation 

vendor, the contract will be awarded in 

U.S. dollars. 

232.7202 Solicitation provision. 

Use the provision at 252.232–7XXX, 

Notification of Payment in Local 

Currency (Afghanistan), in all 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, for 

performance in Afghanistan. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. Section 252.232–7XXX is added as 

follows: 

252.232–7XXX Notification of Payment in 

Local Currency (Afghanistan). 

As prescribed in 232.7202, use the 

following provision: 

NOTIFICATION OF PAYMENT IN 

LOCAL CURRENCY (AFGHANISTAN) 

(Date) 

(a) This contract will be paid in Afghani 

(local currency) if the contract is awarded to 

a host nation vendor (Afghan), pursuant to 

the authority of USCENTCOM Fragmentary 

Order (FRAGO) 09–1567 and FRAGO 10– 

143. Contract payment will be made in 

Afghani (local currency) via electronic funds 

transfer (EFT) to a local (Afghan) banking 

institution, unless an exception in paragraph 

(c) applies. Contracts shall not be awarded to 

host nation vendors who do not bank locally. 

If award is made to other than a host nation 

vendor, the contract will be awarded in U.S. 

dollars. 

(b) Vendors shall submit quotations and 

offers in U.S. dollars. If the contract is 

awarded to an Afghan vendor, the quotation 

or offer will be converted to Afghani using 

a Government budget rate of [Insert current 

budget rate here] Afghani per U.S. dollar. 

(c) By exception, the following forms of 

payment are acceptable, in the following 

order of priority, when the local finance 

office determines that EFT using ITS.gov is 

not available: 

(1) EFT using Limited Depository Account 

(LDA). 

(2) Check from the local finance office 

LDA. 

(3) Local currency cash payments in 

Afghani (must be approved in writing by the 

local finance office and contracting office 

prior to contract award). Payments in cash 

are restricted to contracts when— 

(i) The vendor provides proof via a letter 

from the host nation banking institution that 

it is not EFT capable; and 

(ii) The local finance office validates that 

the vendor’s banking institution is not EFT 

capable. Cash payments will be made in 

Afghani. 

(End of provision) 

[FR Doc. 2014–01278 Filed 1–28–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 223 and 252 

RIN 0750–AI07 

Defense Federal Acquisition 

Regulation Supplement: Storage, 

Treatment, and Disposal of Toxic or 

Hazardous Materials—Statutory 

Update (DFARS Case 2013–D013) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 


tkelley on DSK3SPTVN1PROD with PROPOSALS