Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56275 

effective on September 18, 2014, which 

is less than 30 days after its publication. 

Waiting 30 days before making this rule 

effective is not necessary. Since these 

are only minor corrections to citations, 

we do not believe they will be of public 

interest (as discussed above) and the 

regulated community does not need 30 

days to prepare to comply with them. At 

the same time, because the August 19, 

2014 sufficiently sensitive methods rule 

becomes effective on September 18, 

2014, making these minor corrections to 

that final rule effective on the same date 

will avoid any regulatory confusion that 

might occur from making them effective 

on a different date. 

In FR Doc. 2014–19265 appearing on 

page 49001 in the Federal Register of 

Tuesday, August 19, 2014, the following 

corrections are made: 

§ 122.21 [Corrected] 

■ 1. On page 49013, in the first column, 

in § 122.21 Application for a permit 

(applicable to State programs, see 

§ 123.25), the note heading: ‘‘Note to 

paragraph (e)(3)(i)(C):’’ is corrected to 

read ‘‘Note to paragraph (e)(3)(i):’’ 

§ 122.44 [Corrected] 

■ 2. On page 49013, in the second 

column, in § 122.44 Establishing 

limitations, standards, and other permit 

conditions (applicable to State NPDES 

program, see § 123.25), the note 

heading: ‘‘Note to paragraph 

(i)(1)(iv)(A)(2):’’ is corrected to read 

‘‘Note to paragraph (i)(1)(iv)(A):’’ 

Dated: September 12, 2014. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2014–22289 Filed 9–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0332; FRL–9915–82] 

2-Propenoic acid, butyl ester, polymer 

With 1,6-diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid, butyl ester, polymer with 1,6- 

diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile (CAS 

Reg. No. 1469998–09–1) when used as 

an inert ingredient in a pesticide 

formulation. BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of 2-propenoic acid, butyl 

ester, polymer with 1,6- 

diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile on 

food or feed commodities. 

DATES: This regulation is effective 

September 19, 2014. Objections and 

requests for hearings must be received 

on or before November 18, 2014, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0332, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090 email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0332 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before November 18, 2014. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0332, by one of the following 

methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 


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56276 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/

dockets. 

II. Background and Statutory Findings 

In the Federal Register of August 1, 

2014 (79 FR 44729) (FRL–9911–67), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the receipt of a pesticide 

petition (IN–10700) filed by BASF 

Corporation, 100 Park Avenue, Florham 

Park, NJ 07932. The petition requested 

that 40 CFR 180.960 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of 2-propenoic acid, butyl ester, 

polymer with 1,6-diisocyanatohexane, 

N-(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile (CAS 

Reg. No. 1469998–09–1). That document 

included a summary of the petition 

prepared by the petitioner and solicited 

comments on the petitioner’s request. 

The Agency did not receive any 

comments. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and 

use in residential settings, but does not 

include occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing an 

exemption from the requirement of a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . .’’ and specifies 

factors EPA is to consider in 

establishing an exemption. 

III. Risk Assessment and Statutory 

Findings 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be shown that the 

risks from aggregate exposure to 

pesticide chemical residues under 

reasonably foreseeable circumstances 

will pose no appreciable risks to human 

health. In order to determine the risks 

from aggregate exposure to pesticide 

inert ingredients, the Agency considers 

the toxicity of the inert in conjunction 

with possible exposure to residues of 

the inert ingredient through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. If 

EPA is able to determine that a finite 

tolerance is not necessary to ensure that 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the inert ingredient, an 

exemption from the requirement of a 

tolerance may be established. 

Consistent with FFDCA section 

408(b)(2)(D), EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability and the 

relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. In the 

case of certain chemical substances that 

are defined as polymers, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk. The 

definition of a polymer is given in 40 

CFR 723.250(b) and the exclusion 

criteria for identifying these low-risk 

polymers are described in 40 CFR 

723.250(d). 2-propenoic acid, butyl 

ester, polymer with 1,6- 

diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile 

conforms to the definition of a polymer 

given in 40 CFR 723.250(b) and meets 

the following criteria that are used to 

identify low-risk polymers: 

1. The polymer is not a cationic 

polymer nor is it reasonably anticipated 

to become a cationic polymer in a 

natural aquatic environment. 

2. The polymer does contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymer does not contain as an 

integral part of its composition, except 

as impurities, any element other than 

those listed in 40 CFR 723.250(d)(2)(ii). 

4. The polymer is neither designed 

nor can it be reasonably anticipated to 

substantially degrade, decompose, or 

depolymerize. 

5. The polymer is manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymer is not a water 

absorbing polymer with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

7. The polymer does not contain 

certain perfluoroalkyl moieties 

consisting of a CF3- or longer chain 

length as specified in 40 CFR 

723.250(d)(6). 

Additionally, the polymer also meets 

as required the following exemption 

criteria specified in 40 CFR 723.250(e). 

8. The polymer’s number average MW 

of 100,000 is greater than or equal to 

10,000 daltons. The polymer contains 

less than 2% oligomeric material below 

MW 500 and less than 5% oligomeric 

material below MW 1,000. 

Thus, 2-propenoic acid, butyl ester, 

polymer with 1,6-diisocyanatohexane, 

N-(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile 

meets the criteria for a polymer to be 

considered low risk under 40 CFR 

723.250. Based on its conformance to 

the criteria in this unit, no mammalian 

toxicity is anticipated from dietary, 

inhalation, or dermal exposure to 2- 

propenoic acid, butyl ester, polymer 

with 1,6-diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that 2- 

propenoic acid, butyl ester, polymer 

with 1,6-diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile 

could be present in all raw and 

processed agricultural commodities and 

drinking water, and that nonoccupational non-dietary exposure was 

possible. The number average MW of 2- 

propenoic acid, butyl ester, polymer 

with 1,6-diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile is 

100,000 daltons. Generally, a polymer of 

this size would be poorly absorbed 

through the intact gastrointestinal tract 

or through intact human skin. Since 2- 

propenoic acid, butyl ester, polymer 

with 1,6-diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile 

conform to the criteria that identify a 

low-risk polymer, there are no concerns 

for risks associated with any potential 

exposure scenarios that are reasonably 

foreseeable. The Agency has determined 

that a tolerance is not necessary to 

protect the public health. 

V. Cumulative Effects From Substances 

With a Common Mechanism of Toxicity 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 


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Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56277 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found 2-propenoic acid, 

butyl ester, polymer with 1,6- 

diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile to 

share a common mechanism of toxicity 

with any other substances, and 2- 

propenoic acid, butyl ester, polymer 

with 1,6-diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile does 

not appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this tolerance action, 

therefore, EPA has assumed that 2- 

propenoic acid, butyl ester, polymer 

with 1,6-diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile does 

not have a common mechanism of 

toxicity with other substances. For 

information regarding EPA’s efforts to 

determine which chemicals have a 

common mechanism of toxicity and to 

evaluate the cumulative effects of such 

chemicals, see EPA’s Web site at http:// 

www.epa.gov/pesticides/cumulative. 

VI. Additional Safety Factor for the 

Protection of Infants and Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold margin of safety for 

infants and children in the case of 

threshold effects to account for prenatal 

and postnatal toxicity and the 

completeness of the data base unless 

EPA concludes that a different margin of 

safety will be safe for infants and 

children. Due to the expected low 

toxicity of 2-propenoic acid, butyl ester, 

polymer with 1,6-diisocyanatohexane, 

N-(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile, EPA 

has not used a safety factor analysis to 

assess the risk. For the same reasons the 

additional tenfold safety factor is 

unnecessary. 

VII. Determination of Safety 

Based on the conformance to the 

criteria used to identify a low-risk 

polymer, EPA concludes that there is a 

reasonable certainty of no harm to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of 2-propenoic acid, butyl 

ester, polymer with 1,6- 

diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile. 

VIII. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for 2-propenoic acid, butyl ester, 

polymer with 1,6-diisocyanatohexane, 

N-(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of 2-propenoic acid, 

butyl ester, polymer with 1,6- 

diisocyanatohexane, N- 

(hydroxymethyl)-2-methyl-2- 

propenamide and 2-propenenitrile from 

the requirement of a tolerance will be 

safe. 

X. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these rules 

from review under Executive Order 

12866, entitled ‘‘Regulatory Planning 

and Review’’ (58 FR 51735, October 4, 

1993). Because this final rule has been 

exempted from review under Executive 

Order 12866, this final rule is not 

subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it involve 

any technical standards that would 

require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA) (15 U.S.C. 272 

note). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes, or otherwise have any unique 

impacts on local governments. Thus, the 

Agency has determined that Executive 

Order 13132, entitled ‘‘Federalism’’ (64 

FR 43255, August 10, 1999) and 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

Although this action does not require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994), EPA seeks to achieve 

environmental justice, the fair treatment 

and meaningful involvement of any 

group, including minority and/or lowincome populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 


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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. 


asabaliauskas on DSK5VPTVN1PROD with RULES