56278 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

XI. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 10, 2014. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.960, alphabetically add the 

following polymer to the table to read as 

follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

* * * * * 

2-Propenoic acid, butyl 

ester, polymer with 1,6- 

diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl2-propenamide and 2- 

propenenitrile, minimum 

number average molecular weight (in amu), 

100,000 ........................... 1469998–09–1 

* * * * * 

* * * * * 

[FR Doc. 2014–22287 Filed 9–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 213, 217, 225, and 

249 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective September 19, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, Defense Acquisition 

Regulations System, 

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

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6088; facsimile 

571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Directs contracting officers to 

additional procedures and guidance by 

adding references at 204.403 and 

213.301 to DFARS PGI 204.403(2) and 

213.301, respectively. 

2. Amends 217.7802 by correcting 

punctuation at 217.7802(b)(1) and 

directing contracting officers to 

additional procedures and guidance at 

DFARS PGI 217.7802(b)(1)(iii). 

3. Corrects the reference to additional 

procedures and guidance at 225.7703–3 

for DFARS PGI 225.7703–3. 

4. Amends 249.7000(a)(1) by 

replacing two telephone numbers with a 

central email address. 

List of Subjects in 48 CFR Parts 204, 

213, 217, 225, and 249 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 204, 213, 217, 

225, and 249 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 213, 217, and 225 continues 

to read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Revise section 204.403 to read as 

follows: 

204.403 Responsibilities of contracting 

officers. 

(1) Contracting officers shall ensure 

that solicitations comply with PGI 

204.403(1). 

(2) For additional guidance on 

determining a project to be fundamental 

research in accordance with 252.204– 

7000(a)(3), see PGI 204.403(2). 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 3. Amend section 213.301 by adding 

the following introductory text: 

213.301 Governmentwide commercial 

purchase card. 

Follow the procedures at PGI 213.301 

for authorizing, establishing, and 

operating a Governmentwide 

commercial purchase card program. 

* * * * * 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 4. Amend section 217.7802 by 

revising paragraph (b)(1) to read as 

follows: 

217.7802 Policy. 

* * * * * 

(b) * * * 

(1) Evaluating whether using a nonDoD contract for the acquisition is in the 

best interest of DoD. Factors to be 

considered include: 

(i) Satisfying customer requirements. 

(ii) Schedule. 

(iii) Cost effectiveness (taking into 

account discounts and fees). In order to 

ensure awareness of the total cost of fees 

associated with use of a non-DoD 

contract, follow the procedures at PGI 

217.7802(b)(1)(iii). 

(iv) Contract administration 

(including oversight). 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 5. Amend section 225.7703–3 by 

revising paragraph (d) to read as 

follows: 

225.7703–3 Evaluating offers. 

* * * * * 

(d) For acquisitions in support of the 

United States Central Command 

(USCENTCOM), United States European 

Command (USEUCOM), United States 

Africa Command (USAFRICOM), United 

States Southern Command 

(USSOUTHCOM), or United States 

Pacific Command (USPACOM) theater 

of operations, see PGI 225.7703–3. 


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Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56279 

PART 249—TERMINATION OF 

CONTRACTS 

■ 6. The authority citation for 48 CFR 

part 249 is revised to read as follows: 

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

chapter 1. 

249.7000 [Amended] 

■ 7. Amend section 249.7000, in 

paragraph (a)(1), by removing ‘‘(703) 

697–9351, DSN 227–9351’’ and adding 

‘‘osd.pentagon.ousdatl.mbx.cpic@mail.mil’’ in its place. 

[FR Doc. 2014–22370 Filed 9–18–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 904, 952 and 970 

RIN 1991–AB85 

Acquisition Regulation: Access to and 

Ownership of Records 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is publishing a final rule 

amending the Department of Energy 

Acquisition Regulation (DEAR) to 

ensure the access to and ownership of 

records generated during contract 

performance for its contractors and 

subcontractors performing potentially 

hazardous work and clarifies 

management, retention and disposal of 

records after contract termination. This 

final rule: Ensures that records 

generated on individuals that meet the 

requirements of the Privacy Act are 

operated and maintained as Privacy Act 

SORs; clarifies that Privacy Act SORs 

are Government-owned records, not 

contractor-owned, even though they are 

created by the contractor; ensures the 

inclusion of this clause in contracts 

where work activities could involve 

exposure to potentially hazardous 

substances; and, ensures that DOE has 

consistent records maintenance, 

retention, and disposal requirements in 

accordance with Federal laws, 

regulations and DOE Directives and 

updates thereto. 

DATES: Effective Date: October 20, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jason Taylor, U.S. Department of 

Energy, Office of Procurement, MA–61, 

1000 Independence Avenue SW., 

Washington, DC 20585; 202–287–1560 

or jason.taylor@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Section-by-Section Discussion of 

Comments and Rule Provisions 

III. Section-by-Section Analysis 

IV. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Congressional Notification 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

Historically, DOE’s Management and 

Operating (M&O) contractors were 

tasked with performing functions that 

could involve exposure to radioactive 

and other hazardous materials. Because 

of the possible long-term effects of 

exposure, DOE contractors and 

subcontractors must create and maintain 

records documenting the potentially 

hazardous work activities performed by 

their personnel. For example, the 

Occupational Radiation Protection 

program at 10 Code of Federal 

Regulations (CFR) Part 835 and the 

Chronic Beryllium Disease Prevention 

Program at 10 CFR Part 850 both require 

the creation, maintenance and 

disposition of records on contractor and 

subcontractor personnel. These records 

include, but are not limited to: Certain 

personnel records, medical, and 

occupational safety and health records. 

DOE’s M&O contractors already provide 

for DOE ownership and/or access to 

these types of records. However, DOE 

now also utilizes other types of 

contracts to perform many agency 

functions. Therefore, DOE is making 

this revised clause applicable to both 

M&O as well as non-M&O contracts and 

subcontracts to ensure that records are 

managed and retained in accordance 

with Federal laws (including the 

Privacy Act), applicable regulations and 

DOE requirements. To provide relevant 

information for processing of claims 

under the Energy Employees 

Occupational Illness Compensation 

Program Act (EEOICPA; 42 U.S.C. 

7385s–10) and for other similar issues, 

DOE must ensure governmentownership of not only records 

documenting agency functions, but 

records documenting potential exposure 

to hazardous substances. These records 

are needed for processing claims and 

provide documentation that otherwise 

protects the financial and legal 

obligations of both individuals and the 

Government. These records include, but 

are not limited to: Personnel, medical 

and exposure records listed as privacy 

act systems of records, facility, 

environmental and other project related 

records, as well as, occupational safety 

and health records. Personnel records 

are also needed to allow DOE to identify 

and contact individuals in the future for 

participation in the DOE Federal Worker 

Medical Screening Program (FWP), to 

comply with other, future records 

requests, and to meet the requirement to 

retain the records in accordance with 

Federal laws and regulations. 

The National Archives and Records 

Administration’s (NARA) regulation at 

36 Code of Regulations (CFR), Chapter 

XII, Subchapter B, ‘‘Records 

Management’’ requires agencies to 

ensure contractors performing agency 

functions create and maintain records 

that document these activities and 

specify government ownership of 

documents within the contract. For the 

Department of Energy, Title 42 U.S.C. 

7101(b)(1) defines function as any duty, 

obligation, power, authority, 

responsibility, right, privilege and 

activity. Performance of those functions 

is defined in 42 U.S.C. 7101(b)(2). 

Throughout its history, DOE has been 

tasked by Congress to perform certain 

functions related to research, 

operations, and environmental clean-up 

that could cause potential exposure to 

hazardous substances. 

On January 9, 2009, DOE published a 

System of Records Notice (SORN) in the 

Federal Register (74 FR 994) describing 

DOE’s Privacy Act systems of records 

(SOR) in accordance with the Privacy 

Act of 1974 (5 U.S.C. 552a). For 

example, the SOR for EEOICPA files is 

located at DOE–10 (74 FR 1,008), and 

includes such records as: Employment 

records, exposure records, medical 

reports, personnel security 

questionnaires, safety records or other 

incident reports. The Personnel Medical 

Records SOR at DOE–33 (74 FR 1,302) 

includes the following types of records: 

Medical histories on contractor 

employees resulting from medical 

examination, medical records of 

periodic physical examinations and 

psychological testing, records on the 

results of workplace and medical 

monitoring of individuals for exposure 

to chemical and physical agents (not 

covered in DOE–35), and related work 

history data, including drug testing 

information and results, contractor 

employee-completed health 

questionnaires not resulting from a 

medical examination. Lastly, the 

Personnel Radiation Exposure Records 


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