Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations 58693 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective September 30, 2014. 

List of Subjects in 40 CFR Part 372 

Environmental protection, 

Community right-to-know, Reporting 

and recordkeeping requirements, and 

Toxic chemicals. 

Dated: September 23, 2014. 

Gina McCarthy, 

Administrator. 

Therefore, 40 CFR part 372 is 

amended as follows: 

PART 372—TOXIC CHEMICAL 

RELEASE REPORTING: COMMUNITY 

RIGHT-TO-KNOW 

■ 1. The authority citation for part 372 

continues to read as follows: 

Authority: 42 U.S.C. 11023 and 11048. 

■ 2. In § 372.65, paragraph (c) is 

amended by adding in the table the 

entry for ‘‘Nonylphenol’’ in alphabetical 

order to read as follows: 

§ 372.65 Chemicals and chemical 

categories to which this part applies. 

* * * * * 

(c) * * * 

Category name Effective date 

*******

Nonylphenol (This category includes only those chemicals listed below) .......................................................................................... 1/1/15 

104–40–5 4-Nonylphenol. 

11066–49–2 Isononylphenol. 

25154–52–3 Nonylphenol. 

26543–97–5 4-Isononylphenol. 

84852–15–3 4-Nonylphenol, branched. 

90481–04–2 Nonylphenol, branched. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–23255 Filed 9–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 175 and 181 

46 CFR Parts 160 and 169 

[Docket No. USCG–2013–0263] 

RIN 1625–AC02 

Personal Flotation Devices Labeling 

and Standards 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correction. 

SUMMARY: The Coast Guard published a 

final rule in the Federal Register on 

September 22, 2014, which removes 

references to type codes in its 

regulations on the carriage and labeling 

of Coast Guard-approved personal 

flotation devices. Two extra characters 

were included in the phone number for 

the Coast Guard person to contact for 

more information about that rule. This 

document corrects that phone number. 

DATES: This correction is effective 

September 30, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Ms. Brandi Baldwin, Lifesaving 

and Fire Safety Division, Coast Guard; 

telephone 202–372–1394, email 

brandi.a.baldwin@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard published a final rule in the 

Federal Register on September 22, 2014 

(79 FR 56491), which when it becomes 

effective on October 22, 2014, will 

remove references to type codes in 

regulations on the carriage and labeling 

of Coast Guard-approved personal 

flotation devices. In the FOR FURTHER

INFORMATION CONTACT section of the 

document, two characters, ‘‘–2’’ were 

erroneously inserted between the area 

code and last seven digits of the phone 

number. This document corrects the 

phone number to read ‘‘202–372–1394.’’ 

Correction 

In rule FR Doc. 2014–22373, 

published on September 22, 2014, (79 

FR 56491), make the following 

correction: 

On page 56491, in the second column, 

fourth line from the bottom, remove 

‘‘–2’’. 

Dated: September 24, 2014. 

Katia Cervoni, 

Chief, Office of Regulations and 

Administrative Law, U.S. Coast Guard. 

[FR Doc. 2014–23187 Filed 9–29–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 207, 209, 216, and 

234 

RIN 0750–AI16 

Defense Federal Acquisition 

Regulation Supplement: Limitation on 

Use of Cost-Reimbursement Line Items 

(DFARS Case 2013–D016) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

with changes, an interim rule amending 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement section 811 of the National 

Defense Authorization Act for Fiscal 

Year 2013, which prohibits DoD from 

entering into cost-type contracts for 

production of major defense acquisition 

programs (MDAPs). In implementing 

section 811 of the NDAA for FY 2013, 

DoD further defined the prohibition on 

entering into cost-type contracts to 

explicitly state the prohibition also 

applies to entering into costreimbursement line items for the 

production of MDAPs. 

DATES: Effective September 30, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janetta Brewer, telephone 571–372– 

6104. 


tkelley on DSK3SPTVN1PROD with RULES
58694 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 79 

FR 4631 on January 29, 2014, to 

implement section 811 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2013 (Pub. L. 112–239), 

which was enacted January 2, 2013. 

Two comments were submitted on the 

interim rule. 

Section 811(a) instructs DoD to 

modify the acquisition regulations to 

prohibit DoD from entering into costtype contracts for the production of 

major defense acquisition programs 

(MDAPs) for contracts entered into on or 

after October 1, 2014, with one 

exception in section 811(b). Under 

section 811(b), the Under Secretary of 

Defense for Acquisition, Technology, 

and Logistics may submit to the 

congressional defense committees: (1) A 

written certification that the particular 

cost-type contract is needed to provide 

a required capability in a timely, costeffective manner; and (2) An 

explanation of the steps taken to ensure 

that the use of cost-type pricing is 

limited to only those line items or 

portions of the contract where such 

pricing is needed to achieve the purpose 

of the exception. In implementing 

section 811 of the NDAA for FY 2013, 

DoD further defined the prohibition on 

entering into cost-type contracts to 

explicitly state the prohibition also 

applies to entering into costreimbursement line items for the 

production of MDAPs. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments is provided as follows: 

Comment: The respondent stated that 

the term ‘‘cost-type reimbursement 

contract’’ at DFARS 234.004(2)(i)(C) was 

ambiguous and recommended that the 

term ‘‘cost-reimbursement contract’’ be 

used instead to maintain consistency 

with other references within the 

acquisition regulations. 

Response: The text at DFARS 

234.004(2)(i)(C) has been revised to 

replace the term ‘‘cost-type 

reimbursement contract’’ with ‘‘costreimbursement type contract.’’ 

Comment: The respondent stated that 

the reference to DFARS 201.101 within 

Section II, Discussion and Analysis, of 

the Federal Register Notice published 

for the proposed rule should be DFARS 

202.101. 

Response: The respondent is correct. 

However, the comment did not 

necessitate changes to the interim rule 

as the rule itself cited DFARS 202.101 

accurately. 

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 has prepared a Final Regulatory 

Flexibility Analysis (FRFA) consistent 

with the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq. The FRFA is 

summarized as follows: 

This rule amends the DFARS to 

implement section 811 of the NDAA for 

FY 2013, which prohibits the DoD from 

entering into cost-type contracts for the 

production of major defense acquisition 

programs (MDAPs) unless the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics submits an 

exception to the congressional defense 

committees. In implementing section 

811 of the NDAA for FY 2013, DoD 

further defined the prohibition on 

entering into cost-type contracts to 

explicitly state the prohibition also 

applies to entering into costreimbursement line items for the 

production of MDAPs. 

Small entities do not have or are 

exempt from having the complex, 

expensive business and management 

systems required to manage the 

complex, higher risk, and expensive 

major defense acquisition programs 

(MDAPs). Small entities do play a 

significant role in performing as 

subcontractors and component 

manufacturers for MDAPs, but this rule 

does not apply to subcontractors and 

component manufacturers. 

No comments were received from the 

public in response to the initial 

regulatory flexibility analysis. 

This rule does not impose new 

recordkeeping or reporting requirements 

and does not duplicate, overlap, or 

conflict with any other Federal rules. 

There are no known significant 

alternative approaches to the rule that 

would meet the requirements of the 

statute. 

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 202, 

207, 209, 216, and 234 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD adopts as final the 

interim rule published at 79 FR 4631 on 

January 29, 2014, with the following 

changes: 

PART 234—MAJOR SYSTEM 

ACQUISITION 

■ 1. The authority citation for part 234 

continues to read as follows: 

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

Chapter 1. 

234.004 [Amended] 

■ 2. Section 234.004(2)(i)(C) 

introductory text is amended by 

removing ‘‘cost-type reimbursement 

contact’’ and adding ‘‘costreimbursement type contract’’ in its 

place. 

[FR Doc. 2014–22858 Filed 9–29–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, 232, and 252 

RIN 0750–AI14 

Defense Federal Acquisition 

Regulation Supplement; Payment in 

Local Currency (Afghanistan) (DFARS 

Case 2013–D029) 

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 incorporate into the DFARS 

policies and procedures concerning 

payment for contracts for performance 

in Afghanistan. 

DATES: Effective September 30, 2014. 


tkelley on DSK3SPTVN1PROD with RULES