58136 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

appear on all other copies. Express all dates 

in sequence of day, month, and year with the 

month spelled out or abbreviated (e.g., 10 

Sept. 67). 

(bb) Block 28—Remarks. Use this space for 

reporting important facts such as: 

(1) Delays, their cause, and responsible 

party (vessel, shore facility, Government 

representative, or others). 

(2) Abnormal individual losses 

contributing to the total loss. Enter the cause 

of such losses as well as actual or estimated 

volumes involved. Such losses shall include, 

but not be restricted to, product remaining 

aboard (enter tanks in which contained), 

spillages, line breaks, etc. Note where gravity 

group change of receiving tank contents 

results in a fictitious loss or gain. Note 

irregularities observed on comparing vessel 

ullages obtained at loading point with those 

at the discharge point if they indicate an 

abnormal transportation loss or 

contamination. 

(cc) Block 29—Company or receiving 

terminal. Line out ‘‘COMPANY OR.’’ Secure 

the signature of a representative of the 

receiving terminal. 

(dd) Block 30—Certification by government 

representative. Line out ‘‘loaded.’’ The 

Government representative shall date and 

sign the form to certify inspection and 

acceptance, as applicable, by the 

Government. The name of the individual 

signing the certification as well as the names 

applied in Blocks 29 and 31 shall be typed 

or hand lettered on the master or all copies 

of the form. The signature in Block 30 must 

agree with the typed or lettered name to be 

acceptable to the paying office. 

(ee) Block 31—Certification by master or 

agent. Obtain the signature of the master of 

the vessel or the vessel’s agent. 

Part 8—Distribution of the DD Form 250–1 

F–801 Distribution. 

Follow the procedures at PGI F–801 for 

distribution of DD Form 250–1. 

F–802 Corrected DD Form 250–1. 

Follow the procedures at PGI F–802 when 

corrections to DD Form 250–1 are needed. 

[FR Doc. 2011–23958 Filed 9–19–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 201 

RIN 0750–AH35 

Defense Federal Acquisition 

Regulation Supplement; Designation 

of a Contracting Officer’s 

Representative (DFARS Case 2011– 

D037) 

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 clarify that a contracting 

officer’s representative must be an 

employee, military or civilian, of the 

U.S. Government, a foreign government, 

or a North Atlantic Treaty Organization 

(NATO)/coalition partner, and that 

contractor personnel shall not serve as 

contracting officer’s representatives. 

DATES: Effective date: September 20, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, telephone 703–602– 

8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule is based on a request from 

Headquarters NATO Training Mission— 

Afghanistan (NTM–A) to permit the 

designation of non-U.S. Government 

employees as contracting officer’s 

representatives (CORs) in support of the 

NTM–A’s efforts to train the Afghan 

National Security Force (ANSF). The 

NTM–A supports the growth of the 

ANSF through numerous activities 

including the contracting of civilian 

mentoring services. These contracts for 

mentoring services to the ANSF require 

the contractor to deploy teams 

throughout the joint area of operations 

and interact with non-U.S. coalition 

partners exclusively. To provide 

assurance that contractual requirements 

are being met, it is crucial that contract 

performance information be submitted 

to the contracting officer by those 

coalition units with insight of contractor 

activities. 

Contracting officers supporting 

contingency operations abroad require 

the flexibility to ensure the proper 

oversight of contract performance, such 

as at locations where there is no U.S. 

presence or the designation of a U.S. 

Government COR is not viable. This rule 

provides that flexibility by clarifying at 

DFARS 201.602–2 that a COR must be 

an employee, military or civilian, of the 

U.S. Government, a foreign government, 

or a NATO/coalition partner. CORs 

must meet all training and experience 

qualifications commensurate with the 

delegated responsibilities per DFARS 

201.602–2(2)(ii). In addition, the rule 

makes clear that contractor personnel 

may not serve as CORs. Contractor 

personnel may, however, continue to 

perform technical oversight functions 

on behalf of the contracting officer, 

excluding those that are inherently 

governmental (see FAR 7.5). 

DoD has issued this rule as a final rule 

because this 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. Therefore, public comment is 

not required in accordance with 41 

US.C. 1707. 

II. Executive Orders 12866 and 13563 

Executive Orders 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). Executive Order 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 Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of FAR 

1.501, and public comment is not 

required in accordance with 41. U.S.C. 

1707. 

IV. Paperwork Reduction Act 

The final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 201 

Government Procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 201 is 

amended as follows: 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 1. The authority citation for 48 CFR 

part 201 continues to read as follows: 

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

chapter 1. 

■ 2. Section 201.602–2 is amended to 

revise paragraph (2)(i) to read as 

follows: 

201.602–2 Responsibilities. 

* * * * * 

(2) * * * 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58137 

(i) Must be an employee, military or 

civilian, of the U.S. Government, a 

foreign government, or a North Atlantic 

Treaty Organization/coalition partner. 

In no case shall contractor personnel 

serve as CORs; 

* * * * * 

[FR Doc. 2011–23950 Filed 9–19–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 209, 212, 215, 219, 

232, 237, 243, 252, and Appendix I to 

Chapter 2 

RIN 0750–AG38 

Defense Federal Acquisition 

Regulation Supplement; Positive Law 

Codification of Title 41 U.S.C. (DFARS 

Case 2011–D036) 

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 conform references 

throughout the DFARS to the new 

Codification of Title 41, United States 

Code, ‘‘Public Contracts.’’ 

DATES: Effective date: September 20, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 4, 2011, Public Law 111– 

350 enacted a new codified version of 

Title 41, United States Code (U.S.C.), 

entitled ‘‘Public Contracts.’’ The 

purpose of this final rule is to update all 

references to Title 41 in the DFARS to 

conform to the recodification. 

DoD has issued a final rule because 

this 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. Therefore 

public comment is not required in 

accordance with 41 U.S.C. 1303. 

II. Executive Orders 12866 and 13563 

Executive Orders 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). Executive Order 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 Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of FAR 

1.501 and public comment is not 

required in accordance with 41 U.S.C. 

1707. 

IV. 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 201, 

209, 212, 215, 219, 232, 237, 243, 252, 

and Appendix I to Chapter 2 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 201, 209, 212, 

215, 219, 232, 237, 243, 252 and 

appendix I to chapter II are amended as 

follows: 

■ 1. The authority citation for 48 CFR 

parts 201, 209, 212, 215, 219, 232, 237, 

243, 252, and appendix I to chapter II 

continues to read as follows: 

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

chapter 1. 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

201.107 [Amended] 

■ 2. Amend section 201.107 by— 

■ (a) Removing ‘‘Section’’ from the 

introductory text and adding in its place 

‘‘section’’; and 

■ (b) Removing ‘‘425’’ from the 

introductory text and adding in its place 

‘‘1304’’. 

201.304 [Amended] 

■ 3. Amend section 201.304(2) by— 

■ (a) Removing ‘‘Section’’ and adding in 

its place ‘‘section’’; and 

■ (b) Removing ‘‘425’’ and adding in its 

place ‘‘1304’’. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209.406–2 [Amended] 

■ 4. Amend section 209.406–2(2) by— 

■ (a) Removing ‘‘Section’’ and adding in 

its place ‘‘section’’; 

■ (b) Removing ‘‘(Pub. L. 110–181)’’; 

and 

■ (c) Removing ‘‘423(e)(3)(A)(iii)’’ and 

adding in its place ‘‘2105(c)(1)(C)’’. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

212.207 [Amended] 

■ 5. Amend section 212.207— 

■ (a) In paragraph (b)(i) by removing 

‘‘403(12)(E)’’ and adding in its place 

‘‘103’’; and 

■ (b) In paragraph (b)(iii)(A) by 

removing ‘‘403(12)(F)’’ and adding in its 

place ‘‘103’’. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 6. Revise the heading of section 

215.403–1 to read as follows: 

215.403–1 Prohibition on obtaining cost or 

pricing data (10 U.S.C. 2306a and 41 U.S.C. 

chapter 35). 

* * * * * 

PART 219—SMALL BUSINESS 

PROGRAMS 

219.703 [Amended] 

■ 7. Amend section 219.703(a) 

introductory text by— 

■ (a) Removing ‘‘46–48’’ and adding in 

its place ‘‘8502–8504’’; and 

■ (b) Removing ‘‘Section’’ and adding in 

its place ‘‘section’’. 

PART 232—CONTRACT FINANCING 

232.803 [Amended] 

■ 8. Amend section 232.803(d) by 

removing ‘‘Section 3737(e) of the 

Revised Statutes (41 U.S.C. 15)’’ and 

adding in its place ‘‘41 U.S.C. 6305’’. 

PART 237—SERVICE CONTRACTING 

237.102–71 [Amended] 

■ 9. Amend section 237.102–71(a)(2) by 

removing ‘‘357(b)’’ and adding in its 

place ‘‘6701’’. 

PART 243—CONTRACT 

MODIFICATIONS 

243.204–71 [Amended] 

■ 10. Amend section 242.204–71(c) by 

removing ‘‘605(c)’’ and adding in its 

place ‘‘7103’’. 


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