Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17445 

well does detect TCE consistently, but it 

is below the enforcement standard of 5 

ppb. The blended production well water 

entering the air stripper is non-detect for 

any VOCs. The detection limit used by 

the city in its analyses is 0.7 ppb TCE. 

As a result, the implemented remedy at 

the ECMWF site has achieved the degree 

of cleanup as specified in the decision 

documents for all pathways of exposure. 

Operation and Maintenance 

Operation and maintenance (O&M) 

requirements outlined in the O&M Plan 

for the IRM were: (1) Routine 

maintenance of the air stripper as 

described in the manufacturer’s manual; 

and (2) sampling and analysis 

requirements of stripper influent and 

effluent, as previously discussed. TCE, 

1,1–DCE, 1,1–DCA, 1,1,1–TCA and 

tetrachloroethene (PCE) are monitored 

regularly by the city of Eau Claire to 

ensure compliance with Wisconsin 

Enforcement Standards and the Safe 

Drinking Water Act Maximum 

Contaminant Limits (MCLs) for drinking 

water. 

Five-Year Review 

EPA conducted four five-year reviews 

at this site; the last report was dated July 

17, 2012. EPA, in consultation with the 

Wisconsin Department of Natural 

Resources (WDNR), determined that the 

cleanup remedy at the ECMWF site is 

protective of human health and the 

environment because cleanup standards 

have been met at the site. Additionally, 

exposure pathways from the NPI site 

that could result in unacceptable risks 

are being controlled through the use of 

ICs. EPA has also determined that the 

air strippers at ECMWF can be taken offline as the groundwater entering the 

city’s well field has met the cleanup 

standards for over 5 years and is not 

expected to exceed the standards in the 

future. The city of Eau Claire has chosen 

to keep the air strippers on-line in the 

short term, although they may turn off 

the air strippers at a future date. Since 

unlimited use/unrestricted exposure has 

been met at the ECMWF site, future fiveyear reviews are not required. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

Section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket which 

EPA relied on for recommendation of 

the deletion of this site from the NPL are 

available to the public in the 

information repositories and at 

www.regulations.gov. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Wisconsin, has determined 

that all required response actions have 

been implemented and no further 

response action by the responsible 

parties is appropriate. 

V. Deletion Action 

EPA, with concurrence from the State 

of Wisconsin through the WDNR, has 

determined that all appropriate 

response actions under CERCLA have 

been completed. Therefore, EPA is 

deleting the Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective May 27, 2014 

unless EPA receives adverse comments 

by April 28, 2014. If adverse comments 

are received during the comment 

period, EPA will publish a timely 

withdrawal of this direct final Notice of 

Deletion before the effective date of the 

deletion, and it will not take effect. EPA 

will prepare a response to comments 

and continue with the deletion process 

on the basis of the notice of intent to 

delete and the comments already 

received. There will be no additional 

opportunity to comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Radiation protection, Reporting and 

recordkeeping requirements, Superfund, 

Water pollution control, Water supply. 

Dated: March 3, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry for 

‘‘WI’’, ‘‘Eau Claire Municipal Well 

Field’’, ‘‘Eau Claire’’. 

[FR Doc. 2014–06817 Filed 3–27–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 209, 225, and 252 

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 March 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 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. Correct 209.105–1(1) conform to the 

implementation of the System for 

Award Management (SAM). 

2. Correct 225.7003–3 to update crossreferences to DFARS Procedures, 

Guidance, and Information. 

3. Correct 252.204–7007(d)(2) to 

remove obsolete text and update the 

clause date. 

4. Correct 252.209–7004 to conform to 

the System for Award Management 

(SAM) and update the clause date. 

List of Subjects in 48 CFR Parts 209, 

225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 209, 225, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 209, 225, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209.105–1 [Amended] 

■ 2. Section 209.105–1 paragraph (1) is 

amended by removing ‘‘System for 

Award Management Exclusions’’ and 

adding ‘‘Exclusions section of the 

System for Award Management’’ in its 

place. 


tkelley on DSK3SPTVN1PROD with RULES
17446 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

PART 225—FOREIGN ACQUISITION 

225.7003–3 [Amended] 

■ 3. Section 225.7003–3 is amended 

by— 

■ a. Removing the introductory text; 

■ b. In paragraph (c)(2), removing ‘‘PGI 

225.7003–3’’ and adding ‘‘PGI 

225.7003–3(c)’’ in its place; and 

■ c. In the introductory text of 

paragraph (d), removing ‘‘PGI 225.7003– 

3’’ and adding ‘‘PGI 225.7003–3(d)’’ in 

its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Section 252.204–7007 is amended 

by— 

■ a. Removing the clause date ‘‘(MAY 

2013)’’ and adding ‘‘(MAR 2014)’’ in its 

place. 

■ b. Revising paragraph (d)(2) to read as 

follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

* * * * * 

(d) * * * 

(2) The following representations or 

certifications in SAM are applicable to 

this solicitation as indicated by the 

Contracting Officer: [Contracting Officer 

check as appropriate.] 

ll(i) 252.209–7002, Disclosure of 

Ownership or Control by a Foreign 

Government. 

ll(ii) 252.225–7000, Buy American— 

Balance of Payments Program 

Certificate. 

ll(iii) 252.225–7020, Trade 

Agreements Certificate. 

llUse with Alternate I. 

ll(iv) 252.225–7031, Secondary Arab 

Boycott of Israel. 

ll(v) 252.225–7035, Buy American— 

Free Trade Agreements—Balance of 

Payments Program Certificate. 

llUse with Alternate I. 

llUse with Alternate II. 

llUse with Alternate III. 

llUse with Alternate IV. 

llUse with Alternate V. 

* * * * * 

■ 5. Section 252.209–7004 is amended 

by— 

■ a. Removing the clause date ‘‘(DEC 

2006)’’ and adding ‘‘(MAR 2014)’’ in its 

place; and 

■ b. In paragraph (a), removing 

‘‘Excluded Parties List’’ and adding 

‘‘Exclusions section of the System for 

Award Management’’ in its place. 

[FR Doc. 2014–07003 Filed 3–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212 

RIN 0750–AI28 

Defense Federal Acquisition 

Regulation Supplement: Extension of 

Pilot Program on Acquisition of 

Military-Purpose Nondevelopmental 

Items (DFARS Case 2014–D007) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to implement a 

section of the National Defense 

Authorization Act for Fiscal Year 2014. 

This rule extends the expiration date of 

the pilot program for acquisition of 

military-purpose nondevelopmental 

items. 

DATES: Effective March 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Annette Gray, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 866 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2011 (Pub. L. 111–383), 

enacted on January 7, 2011, authorized 

the Secretary of Defense to carry out a 

pilot program to assess the feasibility 

and advisability of acquiring militarypurpose nondevelopmental items in 

accordance with the streamlined 

procedures of the pilot program. Under 

this pilot program, DoD may enter into 

contracts with nontraditional defense 

contractors for the purpose of enabling 

DoD to acquire items that otherwise 

might not have been available to DoD, 

assist DoD in the rapid acquisition and 

fielding of capabilities needed to meet 

urgent operational needs, and protect 

the interests of the United States in 

paying fair and reasonable prices for the 

item or items acquired. 

This pilot program is designed to test 

whether the streamlined procedures, 

similar to those available for 

commercial items, can serve as an 

effective incentive for nontraditional 

defense contractors to (1) channel 

investment and innovation into areas 

that are useful to DoD and (2) provide 

items developed exclusively at private 

expense to meet validated military 

requirements. 

This final rule amends DFARS 

subpart 212.71, Pilot Program for 

Acquisition of Military-Purpose 

Nondevelopmental Items, to implement 

section 814, Extension of Pilot Program 

of Military Purpose Nondevelomental 

Items, of the National Defense 

Authorization Act for FY 2014. This 

rule extends the authority for this pilot 

program from January 6, 2016, to 

December 31, 2019. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute that applies to the publication of 

the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. Publication for public comment 

is not required because the rule does not 

have a significant effect beyond the 

internal operating procedures of DoD 

and does not have a significant cost or 

administrative impact on contractors or 

offerors as it merely extends the 

expiration date of an existing pilot 

program pursuant to statutory directive. 

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 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 and 

does not require publication for public 

comment. 


tkelley on DSK3SPTVN1PROD with RULES