Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations 58699 

Storage means a non-transitory, semipermanent or permanent holding, placement, 

or leaving of material. It does not include a 

temporary accumulation of a limited quantity 

of a material used in or a waste generated or 

resulting from authorized activities, such as 

servicing, maintenance, or repair of 

Department of Defense (DoD) items, 

equipment, or facilities. 

Toxic or hazardous materials means— 

(i) Materials referred to in section 101(14) 

of the Comprehensive Environmental 

Response, Compensation, and Liability Act 

(CERCLA) of 1980 (42 U.S.C. 9601(14)) and 

materials designated under section 102 of 

CERCLA (42 U.S.C. 9602) (40 CFR Part 302); 

(ii) Materials that are of an explosive, 

flammable, or pyrotechnic nature; or 

(iii) Materials otherwise identified by the 

Secretary of Defense as specified in DoD 

regulations. 

(b) In accordance with 10 U.S.C. 2692, the 

Contractor is prohibited from storing, 

treating, or disposing of toxic or hazardous 

materials not owned by DoD on a DoD 

installation, except to the extent authorized 

by a statutory exception to 10 U.S.C. 2692 or 

as authorized by the Secretary of Defense. A 

charge may be assessed for any storage or 

disposal authorized under any of the 

exceptions to 10 U.S.C. 2692. If a charge is 

to be assessed, then such assessment shall be 

identified elsewhere in the contract with 

payment to the Government on a 

reimbursable cost basis. 

(c) With respect to treatment or disposal 

authorized pursuant to DFARS 223.7104(10) 

(10 U.S.C. 2692(b)(10), and notwithstanding 

any other provision of the contract, the 

Contractor assumes all financial and 

environmental responsibility and liability 

resulting from any treatment or disposal of 

toxic or hazardous materials not owned by 

DoD on a military installation. The 

Contractor shall indemnify, defend, and hold 

the Government harmless for all costs, 

liability, or penalties resulting from the 

Contractor’s treatment or disposal of toxic or 

hazardous materials not owned by DoD on a 

military installation. 

(d) The Contractor shall include the 

substance of this clause, including this 

paragraph (d), in all subcontracts that 

require, may require, or permit a 

subcontractor access to a DoD installation, at 

any tier. Inclusion of the substance of this 

clause in subcontracts does not relieve the 

prime Contractor of liability to the 

Government under paragraph (c) of this 

clause. 

(End of clause) 

[FR Doc. 2014–22847 Filed 9–29–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 229 and 252 

RIN 0750–AI19 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Taxes (DFARS Case 2013– 

D025) 

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 create an overarching 

prescription for a tax-related clause with 

an alternate and add a separate 

prescription for the basic clause. The 

rule also includes in the regulation the 

full text of the alternate clause. 

DATES: Effective September 30, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer Hawes, telephone 571–372– 

6115. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 11381 on 

February 28, 2014, to revise the 

presentation of the DFARS part 229 

clause with an alternate. No public 

comments were submitted in response 

to the proposed rule. 

II. Discussion 

This final rule revises the single 

DFARS part 229 clause, 252.229–7001, 

Tax Relief, which has an alternate. The 

naming convention results in proposed 

new clause titles, i.e., Tax Relief—Basic 

and Tax Relief—Alternate I. An 

umbrella prescription contains the 

elements common to the basic clause 

and the alternate. The specific 

prescriptions for the basic clause and 

the alternate address only the 

requirements for their use that enable 

the selection of the basic or the 

alternate. 

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 

A final regulatory flexibility analysis 

has been prepared consistent with the 

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

et seq., and is summarized as follows: 

This final rule amends the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to (1) create an 

umbrella prescription for the elements 

common to the basic clause and the 

alternate of DFARS clause 252.229– 

7001, Tax Relief, (2) create a specific 

prescription for the basic clause and 

alternate clause that address only the 

requirements for their use, and (3) 

include the full text of the alternate 

clause. 

No comments were received from the 

public in response to the initial 

regulatory flexibility analysis. 

There will be no impact on small 

business entities since DFARS clause 

252.229–7001 is used only in 

solicitations and contracts when award 

is made to a foreign concern and 

performance is in a foreign country. 

This rule does not add any new 

information collection, reporting, or 

record keeping requirements. No 

alternatives were identified that will 

accomplish the objectives of the rule. 

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 229 and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 229 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 229 and 252 continues to read as 

follows: 

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

chapter 1. 


tkelley on DSK3SPTVN1PROD with RULES
58700 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations 

PART 229—TAXES 

■ 2. Amend section 229.402–70 by 

revising paragraph (a) to read as follows: 

229.402–70 Additional clauses. 

(a) Use the basic or the alternate of the 

clause at 252.229–7001, Tax Relief, in 

solicitations and contracts when a 

contract will be awarded to a foreign 

concern for performance in a foreign 

country. 

(1) Use the basic clause in 

solicitations and contracts when the 

contract will be performed in a foreign 

country other than Germany. 

(2) Use the alternate I clause in 

solicitations and contracts when the 

contract will be performed in Germany. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 252.229–7001 by— 

■ a. Revising the introductory text, 

clause title and date; and 

■ b. Revising Alternate I. 

The revisions read as follows: 

252.229–7001 Tax Relief. 

As prescribed in 229.402–70(a), use 

one of the following clauses: 

Basic. As prescribed at 229.402– 

70(a)(1), use the following clause. 

TAX RELIEF—BASIC (SEP 2014) 

* * * * * 

Alternate I. As prescribed at 229.402– 

70(a)(2), use the following clause, which 

adds a paragraph (d) not included in the 

basic clause. 

TAX RELIEF—ALTERNATE I (SEP 2014) 

(a) Prices set forth in this contract are 

exclusive of all taxes and duties from which 

the United States Government is exempt by 

virtue of tax agreements between the United 

States Government and the Contractor’s 

government. The following taxes or duties 

have been excluded from the contract price: 

NAME OF TAX: [Offeror insert] 

RATE (PERCENTAGE): [Offeror insert] 

(b) The Contractor’s invoice shall list 

separately the gross price, amount of tax 

deducted, and net price charged. 

(c) When items manufactured to United 

States Government specifications are being 

acquired, the Contractor shall identify the 

materials or components intended to be 

imported in order to ensure that relief from 

import duties is obtained. If the Contractor 

intends to use imported products from 

inventories on hand, the price of which 

includes a factor for import duties, the 

Contractor shall ensure the United States 

Government’s exemption from these taxes. 

The Contractor may obtain a refund of the 

import duties from its government or request 

the duty-free import of an amount of supplies 

or components corresponding to that used 

from inventory for this contract. 

(d) Tax relief will be claimed in Germany 

pursuant to the provisions of the Agreement 

Between the United States of America and 

Germany Concerning Tax Relief to be 

Accorded by Germany to United States 

Expenditures in the Interest of Common 

Defense. The Contractor shall use 

Abwicklungsschein fuer abgabenbeguenstigte 

Lieferungen/Leistungen nach dem Offshore 

Steuerabkommen (Performance Certificate for 

Tax-Free Deliveries/Performance according 

to the Offshore Tax Relief Agreement) or 

other documentary evidence acceptable to 

the German tax authorities. All purchases 

made and paid for on a tax-free basis during 

a 30-day period may be accumulated, totaled, 

and reported as tax-free. 

(End of clause) 

[FR Doc. 2014–22860 Filed 9–29–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 900124–0127] 

RIN 0648–XD515 

Atlantic Surfclam and Ocean Quahog 

Fisheries; 2015 Fishing Quotas for 

Atlantic Surfclams and Ocean 

Quahogs; and Suspension of Minimum 

Atlantic Surfclam Size Limit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary reule. 

SUMMARY: NMFS suspends the 

minimum size limit for Atlantic 

surfclams for the 2015 fishing year. 

NMFS also announces that the quotas 

for the Atlantic surfclam and ocean 

quahog fisheries for 2015 will remain 

status quo. Regulations governing these 

fisheries require NMFS to notify the 

public in the Federal Register of the 

allowable harvest levels for Atlantic 

surfclams and ocean quahogs from the 

Exclusive Economic Zone if the 

previous year’s quota specifications 

remain unchanged. 

DATES: Effective January 1, 2015, 

through December 31, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

978–281–9341. 

SUPPLEMENTARY INFORMATION: The 

regulations implementing the fishery 

management plan (FMP) for the Atlantic 

surfclam and ocean quahog fisheries at 

50 CFR 648.75(b)(3), authorize the 

Administrator, Greater Atlantic Region, 

NMFS (Regional Administrator), to 

suspend annually, by publication of a 

notification in the Federal Register, the 

minimum size limit for Atlantic 

surfclams. This action may be taken 

unless discard, catch, and biological 

sampling data indicate that 30 percent 

or more of the Atlantic surfclam 

resource have a shell length less than 

4.75 inches (120 mm), and the overall 

reduced size is not attributable to 

harvest from beds where growth of the 

individual clams has been reduced 

because of density-dependent factors. 

At its June 2014 meeting, the MidAtlantic Fishery Management Council 

voted to recommend that the Regional 

Administrator suspend the minimum 

size limit for Atlantic surfclams for the 

2015 fishing year. Commercial surfclam 

data for 2014 were analyzed to 

determine the percentage of surfclams 

that were smaller than the minimum 

size requirement. The analysis indicated 

that 5.9 percent of the overall 

commercial landings were composed of 

surfclams that were less than 4.75 in 

(120 mm). Based on these data, the 

Regional Administrator concurs with 

the Council’s recommendation, and 

suspends the minimum size limit for 

Atlantic surfclams from January 1 

through December 31, 2015. 

The FMP for the Atlantic surfclam 

and ocean quahog fisheries requires that 

NMFS issue notification in the Federal 

Register of the upcoming year’s quota, 

even in cases where the quota remains 

unchanged from the previous year. At 

its June 2014 meeting, the Council also 

voted that no action be taken to change 

the quota specifications for Atlantic 

surfclams and ocean quahogs for the 

2015 fishing year, and recommended 

maintaining the 2014 quota levels of 3.4 

million bu (181 million L) for Atlantic 

surfclams, 5.3 million bu (284 million L) 

for ocean quahogs, and 100,000 Maine 

bu (3.524 million L) for Maine ocean 

quahogs, as announced in the Federal 

Register on December 20, 2013 (78 FR 

77005). 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 24, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–23267 Filed 9–29–14; 8:45 am] 

BILLING CODE 3510–22–P 


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