Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 39141 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.242–7003 [Removed and Reserved] 

■ 7. Remove and reserve section 

252.242–7003. 

■ 8. Add section 252.247–7028 to read 

as follows: 

252.247–7028 Application for U.S. 

Government Shipping Documentation/ 

Instructions. 

As prescribed in 247.207, use the 

following clause: 

APPLICATION FOR U.S. GOVERNMENT 

SHIPPING DOCUMENTATION/ 

INSTRUCTIONS (JUN 2012) 

(a) Except as provided in paragraph (b) of 

this clause, the Contractor shall request bills 

of lading by submitting a DD Form 1659, 

Application for U.S. Government Shipping 

Documentation/Instructions, to the— 

(1) Transportation Officer, if named in the 

contract schedule; or 

(2) Contract administration office. 

(b) If an automated system is available for 

shipment requests, use service/agency 

systems (e.g., Navy’s Global Freight 

Management–Electronic Transportation 

Acquisition (GFM–ETA) and Financial Air 

Clearance Transportation System (FACTS) 

Shipment Processing Module, Air Force’s 

Cargo Movement Operations System, 

DCMA’s Shipment Instruction Request (SIR) 

E-tool, and DLA’s Distribution Standard 

System Vendor Shipment Module in lieu of 

DD Form 1659. 

(End of clause) 

[FR Doc. 2012–15568 Filed 6–28–12; 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: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to clarify the applicability to 

commercial items of DoD policies 

relating to the use of material containing 

hexavalent chromium. 

DATES: Effective Date: June 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dustin Pitsch, telephone 571–372–6090. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a final rule (DFARS 

Case 2009–D004) in the Federal 

Register at 76 FR 25569 on May 5, 2011, 

to implement in the 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, 

codified in a new DFARS clause 

252.223–7008, minimized the use of 

materials containing hexavalent 

chromium in items acquired by DoD. 

Shortly after the final rule was 

published, DoD became aware of a 

drafting oversight and the need to 

correct the text of final rule to reflect 

DoD’s intent that the rule should apply 

to commercial items. This rule corrects 

that oversight. 

DoD published a proposed rule in the 

Federal Register at 76 FR 71926 on 

November 21, 2011, to clarify the 

applicability to commercial items of 

DoD policies relating to the use of 

materials containing hexavalent 

chromium. One respondent submitted a 

public comment in response to the 

proposed rule. 

II. Discussion and Analysis of the 

Public Comments 

DoD reviewed the public comment in 

the development of the final rule, which 

is discussed as follows. 

Comment: The respondent stated that 

requiring different standards for 

chromated defense products than are 

required of commercial products 

imposes a significant cost related to the 

need for additional training and wastes 

already limited factory space. The 

respondent also stated that bringing 

defense product finishes into line with 

commercial finishes without sacrificing 

performance and maintaining a single 

process should improve production, 

efficiency, and quality. 

Response: This comment is out of 

scope as the rule does not modify the 

DoD policy relating to the use of 

hexavalent chromium, it only clarifies 

the applicability of the previously 

published final rule. As such, the 

respondent’s concerns are misplaced 

because this rule does not create any 

new requirements for commercial 

products; it simply makes clear the 

scope of applicability of DFARS clause 

252.223–7008. 

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 certifies that this final rule will 

not 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 is just correcting a 

drafting oversight in rule 2009–D004 

published on May 5, 2011 (76 FR 

25569). 

V. 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 212, 

244, and 252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 212, 244, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 244, and 252 continue to read 

as follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Amend section 212.301 by— 

■ a. Redesignating paragraphs (f)(iv)(G) 

through (P) as paragraphs (f)(iv)(H) 

through (Q); and 

■ b. Adding new paragraph (f)(iv)(G) to 

read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 


sroberts on DSK5SPTVN1PROD with RULES
39142 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 

(iv) * * * 

(G) Use the clause at 252.223–7008, 

Prohibition of Hexavalent Chromium, as 

prescribed at 223.7306. 

* * * * * 

PART 244—SUBCONTRACTING 

POLICIES AND PROCEDURES 

■ 3. Revise section 244.403 to read as 

follows: 

244.403 Contract clause. 

Use the clause at 252.244–7000, 

Subcontracts for Commercial Items and 

Commercial Components (DoD 

Contracts), in solicitations and contracts 

for supplies or services other than 

commercial items that contain any of 

the clauses listed in the clause at 

252.244–7000. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Revise section 252.244–7000 to 

read as follows: 

252.244–7000 Subcontracts for 

Commercial Items and Commercial 

Components (DoD Contracts). 

As prescribed in 244.403, use the 

following clause: 

SUBCONTRACTS FOR COMMERCIAL 

ITEMS AND COMMERCIAL COMPONENTS 

(DOD CONTRACTS) (JUN 2012) 

In addition to the clauses listed in 

paragraph (c) of the Subcontracts for 

Commercial Items clause of this contract 

(Federal Acquisition Regulation 52.244–6), 

the Contractor shall include the terms of the 

following clauses, if applicable, in 

subcontracts for commercial items or 

commercial components, awarded at any tier 

under this contract: 

(a) 252.223–7008, Prohibition of 

Hexavalent Chromium (MAY 2011), if the 

subcontract is for supplies, maintenance and 

repair services, or construction materials. 

(b) 252.225–7009, Restriction on 

Acquisition of Certain Articles Containing 

Specialty Metals (JUN 2012) (10 U.S.C. 

2533b), if flow down is required in 

accordance with paragraph (e) of DFARS 

clause 252.225–7009. 

(c) 252.225–7039, Contractors Performing 

Private Security Functions (JUN 2012) 

(Section 862 of Pub. L. 110–181, as amended 

by section 853 of Pub. L. 110–417 and 

sections 831 and 832 of Pub. L. 111–383), if 

the subcontract will be performed in areas of 

contingency operations, complex 

contingency operations, or other military 

operations or exercises designated by the 

Combatant Commander. 

(d) 252.227–7015, Technical Data— 

Commercial Items (DEC 2011), if applicable 

(see 227.7102–4(a)), if flow down is required 

in accordance with paragraph (e) of DFARS 

clause 252.227–7015. 

(e) 252.227–7037, Validation of Restrictive 

Markings on Technical Data (JUN 2012), if 

applicable (see 227.7102–4(c)), if the 

subcontract or supplier at any tier requires 

the delivery of technical data. 

(f) 252.236–7013, Requirement for 

Competition Opportunity for American Steel 

Producers, Fabricators, and Manufacturers 

(JAN 2009) (Pub. L. 110–329, Division E, 

Section 108), if the subcontract involves the 

acquisition of steel as a construction 

material. 

(g) 252.237–7010, Prohibition on 

Interrogation of Detainees by Contractor 

Personnel (NOV 2010) (Section 1038 of Pub. 

L. 111–84), if the subcontract may require 

subcontractor personnel to interact with 

detainees in the course of their duties. 

(h) 252.237–7019, Training for Contractor 

Personnel Interacting with Detainees (SEP 

2006) (Section 1092 of Pub. L. 108–375), if 

the subcontract may require subcontractor 

personnel to interact with detainees in the 

course of their duties. 

(i) 252.246–7003, Notification of Potential 

Safety Issues (JAN 2007), if flow down is 

required in accordance with paragraph (f) of 

DFARS clause 252.246–7003. 

(j) 252.247–7023, Transportation of 

Supplies by Sea (MAY 2002) (10 U.S.C. 

2631), if flow down is required in accordance 

with paragraph (h) of DFARS clause 252.247– 

7023. 

(k) 252.247–7024, Notification of 

Transportation of Supplies by Sea (MAR 

2000) (10 U.S.C. 2631), if flow down is 

required in accordance with paragraph (b) of 

DFARS clause 252.247–7024. 

(End of clause) 

[FR Doc. 2012–15565 Filed 6–28–12; 8:45 am] 

BILLING CODE 5001–06–P 


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