65244 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules 

response to the NPRM. OSHA is 

extending the deadline for submitting 

notices of intention to appear at the 

hearings by 30 days to December 12, 

2013; the deadline for submitting 

written comments and testimony by 47 

days to January 27, 2014; and the 

commencement of the hearings by two 

weeks to now begin March 18, 2014 in 

order to allow additional time for 

interested parties to review the 

proposed measures; submit their notices 

of intention to appear, comments and 

testimony; and prepare for the public 

hearings. 

Authority and Signature: This 

document was prepared under the 

direction of David Michaels, Ph.D., 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 

pursuant to sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, 657); section 

107 of the Contract Work Hours and 

Safety Standards Act (the Construction 

Safety Act) (40 U.S.C. 333); section 41 

of the Longshore and Harbor Worker’s 

Compensation Act (33 U.S.C. 941); 

Secretary of Labor’s Order No. 1–2012 

(77 FR 3912, January 25, 2012); and 29 

CFR part 1911. 

Signed at Washington, DC, on October 25, 

2013. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2013–25863 Filed 10–30–13; 8:45 am] 

BILLING CODE 4510–26–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1192 

[Docket No. ATBCB–2013–0001] 

RIN 3014–AA42 

Rail Vehicles Access Advisory 

Committee 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Notice of advisory committee 

meeting. 

SUMMARY: The Rail Vehicles Access 

Advisory Committee (Committee) will 

hold its first meeting. We, the 

Architectural and Transportation 

Barriers Compliance Board (Access 

Board), established the Committee to 

advise us on revising and updating our 

accessibility guidelines issued pursuant 

to the Americans with Disabilities Act 

for transportation vehicles that operate 

on fixed guideway systems (e.g., rapid 

rail, light rail, commuter rail, intercity 

rail, and high speed rail). The original 

first meeting, previously scheduled for 

October 15 and 16, 2013, did not occur 

due to the federal government 

shutdown. 

DATES: The Committee will meet on 

November 13, 2013, from 10:00 a.m. to 

5:00 p.m. and on November 14, 2013, 

from 9:00 a.m. to 3:00 p.m. 

ADDRESSES: The meeting will be held at 

the Access Board Conference Room, 

1331 F Street NW., Suite 800, 

Washington, DC 20004–1111. Call-in 

information and a communication 

access real-time translation (CART) web 

streaming link will be posted on the 

Access Board’s Rail Vehicles Access 

Advisory Committee Web site page at 

www.access-board.gov/rvaac. 

FOR FURTHER INFORMATION CONTACT: Paul 

Beatty, Office of Technical and 

Information Services, Access Board, 

1331 F Street NW., Suite 1000, 

Washington, DC 20004–1111. 

Telephone number (202) 272–0012 

(Voice); (202) 272–0072 (TTY). 

Electronic mail address: rvaac@accessboard.gov. 

SUPPLEMENTARY INFORMATION: On May 

23, 2013, we published a notice 

establishing a Rail Vehicles Access 

Advisory Committee (Committee) to 

make recommendations to us on matters 

associated with revising and updating 

our accessibility guidelines issued 

pursuant to the Americans with 

Disabilities Act for transportation 

vehicles that operate on fixed guideway 

systems (e.g., rapid rail, light rail, 

commuter rail, intercity rail, and high 

speed rail). See 78 FR 30828 (May 23, 

2013). 

The Committee will hold its first 

meeting on November 13, 2013, from 

10:00 a.m. to 5:00 p.m. and on 

November 14, 2013, from 9:00 a.m. to 

3:00 p.m. (the original first meeting, 

previously scheduled in October 15 and 

16, 2013, did not occur due to the 

federal government shutdown). The 

agenda for the November meeting 

includes initial remarks, introduction of 

Committee members, consideration of 

the Committee’s charter and operating 

procedures, discussion of administrative 

issues (including establishment of 

future meeting dates and consideration 

of adding additional committee 

members), and discussion of issues for 

potential consideration by the 

Committee. The preliminary meeting 

agenda, along with information about 

the Committee, is available on our Web 

site (www.access-board.gov/rvaac). 

Committee meetings will be open to 

the public and interested persons can 

attend the meetings and communicate 

their views. Members of the public will 

have opportunities to address the 

Committee on issues of interest to them 

during public comment periods 

scheduled on each day of the meeting. 

Members of groups or individuals who 

are not members of the Committee may 

also have the opportunity to participate 

in subcommittees if subcommittees are 

formed. 

The meetings will be accessible to 

persons with disabilities. An assistive 

listening system, communication access 

real-time translation (CART), and sign 

language interpreters will be provided. 

Persons attending the meetings are 

requested to refrain from using perfume, 

cologne, and other fragrances for the 

comfort of other participants (see 

www.access-board.gov/the-board/

policies/fragrance-free-environment for 

more information). 

Persons wishing to provide handouts 

or other written information to the 

Committee are requested to provide 

electronic formats to Paul Beatty via 

email at least two business days prior to 

the meetings so that alternate formats 

can be distributed to Committee 

members. 

David M. Capozzi, 

Executive Director. 

[FR Doc. 2013–25383 Filed 10–30–13; 8:45 am] 

BILLING CODE 8150–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, 237, 242, and 

252 

RIN 0750–AI01 

Defense Federal Acquisition 

Regulation Supplement: Contractor 

Personnel Supporting U.S. Armed 

Forces Deployed Outside the United 

States (DFARS Case 2013–D015) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

align it with revisions to the DoD 

Instruction on operational contract 

support. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules 65245 

December 30, 2013, to be considered in 

the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D015, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2013–D015’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D015.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2013– 

D015’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2013–D015 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Meredith 

Murphy, OUSD(AT&L)DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Defense Acquisition 

Regulations System, OUSD 

(AT&L)DPAP/DARS, Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6098; 

facsimile 571–372–6101. 

SUPPLEMENTARY INFORMATION:

I. Background 

DoD is proposing to amend the 

DFARS to revise and update the 

prescription and the clause at DFARS 

252.225–7040, currently titled 

‘‘Contractor Personnel Authorized to 

Accompany U.S. Armed Forces 

Deployed Outside the United States,’’ to 

align it with the changes in 

applicability, terminology, and other 

revisions made by Department of 

Defense Instruction (DoDI) 3020.41, 

entitled ‘‘Operational Contract Support 

(OCS).’’ The DoDI was published as an 

interim rule for public comment and 

subsequently was published as a final 

rule on July 1, 2012. 

The revisions to DoDI 3020.41 

establish policy, assign responsibilities, 

and provide procedures for OCS, 

including OCS program management, 

contract support integration, and 

integration of defense contractor 

personnel into contingency operations 

outside the United States. Additions to, 

and clarifications of, terminology aid in 

determining which groups qualify for 

different types of Government support 

and are based on improvements in 

practices and lessons learned in recent 

contingency operations. 

II. Discussion and Analysis 

New definitions are proposed to be 

added to the clause at 252.225–7040. 

These include ‘‘contractors authorized 

to accompany the Force’’ (CAAF), ‘‘nonCAAF,’’ and ‘‘designated reception 

site.’’ These definitions are considered 

important clarifications as to 

requirements, status, and entitlement to 

use facilities. One new element of the 

proposed rule is the statement at 

paragraph (b)(3) of the clause that, 

‘‘when armed for personal protection, 

contractor personnel are only 

authorized to use force for personal 

protection.’’ This would not be a new 

policy; rather, it would be a clear, 

concise statement of the existing policy. 

The new clause title is proposed to be 

‘‘Contractor Personnel Supporting U.S. 

Armed Forces Deployed Outside the 

United States,’’ and the new clause 

prescription, at DFARS 225.7402–5(a), 

adds ‘‘As directed by the Secretary of 

Defense’’ to the list of circumstances in 

which the clause is applicable. 

The clause addresses at paragraph (c) 

the types of support available for CAAF 

personnel and the requirement to have 

a letter of authorization signed by the 

contracting officer prior to deployment 

for each CAAF. In the past, the 

provision of non-emergency medical 

and dental care to CAAF personnel has 

generated considerable confusion. The 

proposed revision to paragraph (c) 

would make it clear that only 

emergency medical and dental care will 

be provided and only when the CAAF 

individual is injured while supporting 

applicable operations. In certain cases, 

non-emergency care may be provided by 

field hospital staff, but the contractor 

will be billed for that non-emergency 

care. 

The predeployment requirements for 

CAAF personnel would be clarified in 

paragraph (e) of the clause. In the past, 

there was some ambiguity about which 

requirements could be fulfilled once the 

individual was in theater and which 

requirements had to be completed prior 

to deployment, i.e. during 

predeployment screening. 

The requirements for and use of 

personnel data are covered at paragraph 

(g) of the clause. Contractors are 

required to use the Synchronized 

Predeployment and Operational Tracker 

(SPOT) system to enter and maintain 

data on their CAAF and non-CAAF 

personnel (as designated by USD 

(AT&L) or the combatant commander) 

supporting deployed U.S. Armed Forces 

outside the United States. The purpose 

of SPOT is to provide the Combatant 

Commander with accurate, real-time 

information on all personnel within 

specified geographic combatant 

command operations areas. In the past, 

some contractors did not maintain 

current information on their personnel 

in SPOT. The proposed revisions to 

paragraph (e) of the clause would make 

a contractor’s on-going SPOT 

maintenance requirements clear and 

specific. 

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 a significant 

regulatory action and, therefore, was 

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 

DoD does not expect this proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

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

et seq., because it impacts only 

businesses providing direct support to 

U.S. Armed Forces that are deployed 

outside the United States. However, an 

initial regulatory flexibility analysis has 

been performed and is summarized as 

follows: 

This rule proposes to update the 

clause at DFARS 252.225–7040 and its 

prescription to align the DFARS with 

the changes in applicability, 

terminology, and other revisions made 

by Department of Defense Instruction 

(DoDI) 3020.41, entitled Operational 

Contract Support (OCS). The DoDI 

‘‘establishes policy, assigns 

responsibilities, and provides 

procedures for OCS, including OCS 

program management, contract support 

integration, and integration of defense 

contractor personnel into contingency 


tkelley on DSK3SPTVN1PROD with PROPOSALS
65246 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules 

operations outside the United States 

. . .’’ (DoDI 3020.41, section 1.a.). 

The proposed rule will impact small 

businesses with personnel who provide 

direct support to U.S. Armed Forces 

personnel deployed outside the United 

States. Given the concerted effort by the 

United States to procure products and 

services from local vendors (see, e.g., 

sections 841 and 842 of the National 

Defense Authorization Act for Fiscal 

Year 2013, entitled ‘‘Extension and 

Expansion of Authority to Acquire 

Products and Services Produced in 

Countries Along a Major Route of 

Supply to Afghanistan’’ and ‘‘Limitation 

on Authority to Acquire Products and 

Services Produced in Afghanistan,’’ 

respectively.), the impact on U.S. small 

businesses should be minimal. DoD 

estimated, in its Paperwork Reduction 

Act estimate for SPOT, that up to 1,300 

companies ultimately could be 

supporting U.S. Armed Forces deployed 

outside the United States. 

Approximately 20 percent of these 

companies are non-U.S. firms (and 

therefore are not categorized as either 

small or large), and approximately 20 

percent of the U.S. companies are small 

businesses, i.e. approximately 200 small 

businesses. 

However, for those small businesses 

that do have personnel deployed in 

support of U.S. Armed Forces deployed 

outside the United States, the 

recordkeeping and reporting 

requirements are minimal. The specific 

requirements are included in paragraph 

(g) of the clause at DFARS 252.225– 

7040. The contractor is required to use 

the web-based Synchronized 

Predeployment and Operational Tracker 

(SPOT) system to enter and maintain the 

data for its CAAF and designated nonCAAF personnel supporting deployed 

U.S. Armed Forces outside the United 

States. The purpose of the SPOT system 

is to enable DoD to keep track of all 

persons deployed in contingency zones. 

The information must be entered in 

SPOT prior to deployment and must be 

updated during the performance period 

of the contract as necessary to maintain 

accurate, up-to-date information. 

Changes to status of individual 

contractor personnel relating to their intheater arrival date and their duty 

location, to include closing out the 

deployment with their proper status 

(e.g. mission complete, killed, 

wounded) is annotated within the SPOT 

database. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

The requirement to use the SPOT 

database is not new to this case. It has 

been in place for several years and is 

applied to all sizes of businesses that 

have personnel deployed in a 

contingency operation. The SPOT 

database can be accessed with a laptop 

and is user friendly to encourage realtime updates of the information 

provided. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2013–D015), in 

correspondence. 

V. Paperwork Reduction Act 

The rule contains 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; 

however, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0460, 

entitled ‘‘Synchronized Predeployment 

and Operational Tracker (SPOT) 

System,’’ in accordance with the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 212, 

225, 237, 242, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 212, 225, 237, 242, and 252 

as follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 225, 237, 242, and 252 

continues to read as follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Section 212.301 is amended by 

revising paragraph (f)(xxxix) to read as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xxxix) Use the clause at 252.225– 

7040, Contractor Personnel Supporting 

U.S. Armed Forces Deployed Outside 

the United States, as prescribed in 

225.7402–5(a). 

* * * * * 

PART 225—FOREIGN ACQUISITION 

225.7402 [Amended] 

■ 3. Section 225.7402 heading is 

amended by removing the phrase 

‘‘authorized to accompany’’ and adding 

the word ‘‘supporting’’ in its place. 

■ 4. Section 225.7402–2 is revised to 

read as follows: 

225.7402–2 Definition. 

Designated operational area is 

defined in the clause at 252.225–7040. 

See PGI 225.7402–2 for additional 

information on designated operational 

areas. 

■ 4. Section 225.7402–5(a) is revised to 

read as follows: 

225.7402–5 Contract clauses. 

(a) Use the clause at 252.225–7040, 

Contractor Personnel Supporting U.S. 

Armed Forces Deployed Outside the 

United States, instead of the clause at 

FAR 52.225–19, Contractor Personnel in 

a Designated Operational Area or 

Supporting a Diplomatic or Consular 

Mission Outside the United States, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for performance in a 

designated operational area that 

authorize contractor personnel to 

support U.S. Armed Forces deployed 

outside the United States in— 

(1) Contingency operations; 

(2) Humanitarian assistance 

operations; 

(3) Other peace operations consistent 

with Joint Publication 3–07.3; 

(4) Other military operations or 

military exercises, when designated by 

the combatant commander; or 

(5) As directed by the Secretary of 

Defense. 

* * * * * 

PART 237—SERVICE CONTRACTING 

237.171–4 [Amended] 

■ 5. Section 237.171–4(a) is amended by 

removing ‘‘a Force’’ and adding ‘‘U.S. 

Armed Forces’’ in its place. 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

242.302 [Amended] 

■ 6. Section 242.302(S–72) is amended 

by removing the phrase ‘‘Authorized to 

Accompany’’ and adding ‘‘Supporting’’ 

in its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 7. Section 252.225–7040 is amended 

by— 


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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules 65247 

■ a. Removing from the section heading 

the phrase ‘‘Authorized to Accompany’’ 

and adding ‘‘Supporting’’ in its place; 

■ b. Removing from the clause title the 

phrase ‘‘Authorized to Accompany’’ and 

adding in its place ‘‘Supporting; 

■ c. Removing the clause date (FEB 

2013) and adding ‘‘(OCT 2013)’’in its 

place; 

■ d. Adding to paragraph (a), in 

alphabetical order, the definitions 

‘‘contractors authorized to accompany 

the Force’’, ‘‘designated reception site’’, 

and ‘‘non-CAAF’’; 

■ e. Revising paragraph (b); 

■ f. Amending paragraph (c)(1)(ii) by 

removing the word ‘‘shall’’ and adding 

‘‘will’’ in its place; 

■ g. Revising paragraph (c)(2)(i); 

■ h. Amending paragraph (c)(2)(iii) by 

removing the phrase ‘‘unless specified 

elsewhere in this contract’’; 

■ i. Removing paragraph (c)(3); 

■ j. Redesignating paragraph (c)(4) as 

(c)(3) and adding a new paragraph (c)(4); 

■ k. Amending paragraph (d)(1) 

introductory text by removing the 

phrase ‘‘authorized to accompany’’ and 

adding ‘‘supporting’’ in its place; 

■ l. Amending paragraph (d)(3) 

introductory text by removing the 

phrase ‘‘contractor employees 

accompanying’’ and adding ‘‘CAAF 

supporting’’ in its place; 

■ m. Amending paragraph (e)(1) 

introductory text by removing the 

phrase ‘‘personnel authorized to 

accompany U.S. Armed Forces’’ and 

adding ‘‘CAAF’’ in its place; 

■ n. Revising paragraph (e)(1)(ii); 

■ o. Amending paragraph (e)(1)(iii) by 

removing the last sentence in the 

paragraph and adding in its place 

‘‘Contractor personnel shall return all 

U.S. Government issued identification, 

to include the Common Access Card, to 

appropriate U.S. Government 

authorities at the end of their 

deployment.’’; 

■ p. Amending paragraph (e)(1)(iv) by 

removing ‘‘Contractor personnel’’ and 

adding ‘‘For this purpose, CAAF’’ in its 

place and adding the word ‘‘contractor’’ 

after the word ‘‘non-DoD’’; 

■ q. Adding paragraphs (e)(2)(v) and 

(vi); 

■ r. Amending paragraph (f) 

introductory text by removing the words 

‘‘Deployed Contractor’’ and adding 

‘‘(CAAF)’’ in its place; 

■ s. Amending paragraph (f)(3) by— 

■ i. Removing the word ‘‘Joint’’ and 

adding ‘‘designated’’ in its place; 

■ ii. Removing the words ‘‘Center (JRC)’’ 

and adding ‘‘site (DRS)’’ in its place; 

and 

■ iii. Removing ‘‘JRC’’ and adding 

‘‘DRS’’ in its place. 

■ t. Revising paragraph (g); 

■ u. Revising paragraph (h); 

■ v. Amending paragraph (j)— 

■ i. In paragraph (j)(1), by removing 

‘‘authorized to carry weapons, the 

request’’ and adding ‘‘authorized to 

carry weapons for personal protection, 

the request’’ in its place, and removing 

‘‘, paragraph 6.3.4.1 or, if the contract is 

for security services, paragraph 6.3.5.3’’; 

■ ii. By adding paragraphs (j)(3)(iv) and 

(v); 

■ w. Revising paragraph (o); and 

■ x. Revising paragraph (q). 

The revisions and additions read as 

follows: 

252.225–7040 Contractor Personnel 

Supporting U.S. Armed Forces Deployed 

Outside the United States. 

* * * * * 

(a) * * * 

Contractors authorized to accompany the 

Force, or CAAF, means contractor personnel, 

including all tiers of subcontractor personnel, 

who are authorized to accompany U.S. 

Armed Forces in applicable operations and 

have been afforded CAAF status through a 

letter of authorization. CAAF generally 

include all U.S. citizen and third-country 

national employees not normally residing 

within the operational area whose area of 

performance is in the direct vicinity of U.S. 

Armed Forces and who routinely are colocated with the U.S. Armed Forces 

(especially in non-permissive environments). 

Personnel co-located with U.S. Armed Forces 

shall be afforded CAAF status through a 

letter of authorization. In some cases, 

Combatant Commander subordinate 

commanders may designate mission-essential 

host nation (HN) or local national (LN) 

contractor employees (e.g., interpreters) as 

CAAF. CAAF includes contractors previously 

identified as contractors deploying with the 

U.S. Armed Forces. CAAF status does not 

apply to contractor personnel in support of 

applicable operations within the boundaries 

and territories of the United States. 

* * * * * 

Designated reception site means the 

designated place responsible for the 

reception, staging, integration, and onward 

movement of contractors deploying during a 

contingency. The designated reception site 

includes assigned joint reception centers and 

other Service or private reception sites. 

* * * * * 

Non-CAAF means personnel who are not 

designated as CAAF, such as local national 

(LN) employees and non-LN employees who 

are permanent residents in the operational 

area or third-country nationals not routinely 

residing with U.S. Armed Forces (and thirdcountry national expatriates who are 

permanent residents in the operational area) 

who perform support functions away from 

the close proximity of, and do not reside 

with, U.S. Armed Forces. Governmentfurnished support to non-CAAF is typically 

limited to force protection, emergency 

medical care, and basic human needs (e.g., 

bottled water, latrine facilities, security, and 

food when necessary) when performing their 

jobs in the direct vicinity of U.S. Armed 

Forces. Non-CAAF status does not apply to 

contractor personnel in support of applicable 

operations within the boundaries and 

territories of the United States. 

* * * * * 

(b) General. (1) This clause applies when 

Contractor personnel performing in a 

designated operational area are supporting 

U.S. Armed Forces deployed outside the 

United States in— 

(i) Contingency operations; 

(ii) Humanitarian assistance operations; 

(iii) Other peace operations; 

(iv) Other military operations or military 

exercises, when designated by the Combatant 

Commander; or 

(v) As directed by the Secretary of Defense. 

(2) Contract performance in support of U.S. 

Armed Forces deployed outside the United 

States may require work in dangerous or 

austere conditions. Except as otherwise 

provided in the contract, the Contractor 

accepts the risks associated with required 

contract performance in such operations. 

(3) When authorized in accordance with 

paragraph (j) of this clause to carry arms for 

personal protection, Contractor personnel are 

only authorized to use force for individual 

defense. 

(4) Unless immune from host nation 

jurisdiction by virtue of an international 

agreement or international law, inappropriate 

use of force by contractor personnel 

authorized to accompany the U.S. Armed 

Forces can subject such personnel to United 

States or host nation prosecution and civil 

liability (see paragraphs (d) and (j)(3) of this 

clause). 

(5) Service performed by Contractor 

personnel subject to this clause is not active 

duty or service under 38 U.S.C. 106 note. 

(c) * * * 

(2)(i) Generally, CAAF will be afforded 

emergency medical and dental care if injured 

while supporting applicable operations. 

Additionally, non-CAAF employees who are 

injured while in the vicinity of U.S. Armed 

Forces will normally receive emergency 

medical and dental care. Emergency medical 

and dental care includes medical care 

situations in which life, limb, or eyesight is 

jeopardized. Examples of emergency medical 

and dental care include examination and 

initial treatment of victims of sexual assault; 

refills of prescriptions for life-dependent 

drugs; repair of broken bones, lacerations, 

infections; and traumatic injuries to the 

dentition. Hospitalization will be limited to 

stabilization and short-term medical 

treatment with an emphasis on return to duty 

or placement in the patient movement 

system. 

* * * * * 

(4) Unless specified elsewhere in this 

contract, the Contractor is responsible for all 

other support required for its personnel 

engaged in the designated operational area 

under this contract. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) All CAAF deploying in support of an 

applicable operation are medically, dentally, 

and psychologically fit for deployment and 


tkelley on DSK3SPTVN1PROD with PROPOSALS
65248 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules 

performance of their contracted duties. All 

CAAF must meet the minimum medical 

screening requirements, including theaterspecific medical qualifications as established 

by the geographic Combatant Commander (as 

posted to the Geographic Combatant 

Commander’s Web site or other venue) and 

have received all required immunizations as 

specified in the contract. During 

predeployment processing, the Government 

will provide, at no cost to the Contractor, any 

military-specific immunizations and/or 

medications not available to the general 

public. All other immunizations must be 

obtained prior to arrival at the deployment 

center. CAAF and selected non-CAAF must 

bring to the operational area a current copy 

of the Public Health Service Form 791, 

‘‘International Certificate of Vaccination.’’ 

* * * * * 

(2) * * * 

(v) Such employees are required to report 

offenses alleged to have been committed by 

or against Contractor personnel to 

appropriate investigative authorities. 

(vi) Such employees will be provided 

victim and witness protection and assistance. 

* * * * * 

(g) Personnel data. (1) The Contractor shall 

use the Synchronized Predeployment and 

Operational Tracker (SPOT) web-based 

system, to enter and maintain the data for all 

CAAF and, as designated by USD(AT&L) or 

the Combatant Commander, non-CAAF 

personnel supporting U.S. Armed Forces 

deployed outside the United States as 

specified in paragraph (b)(1) of this clause. 

(2) The Contractor shall enter the required 

information about their contractor personnel 

prior to deployment and shall continue to 

use the SPOT web-based system at https://

spot.altess.army.mil/privacy.aspx to 

maintain accurate, up-to-date information 

throughout the deployment for all Contractor 

personnel. Changes to status of individual 

Contractor personnel relating to their intheater arrival date and their duty location, 

to include closing out the deployment with 

their proper status (e.g., mission complete, 

killed, wounded) shall be annotated within 

the SPOT database in accordance with the 

timelines established in the SPOT business 

rules. 

(h) Contractor personnel. (1) The 

Contracting Officer may direct the 

Contractor, at its own expense, to remove and 

replace any Contractor personnel who 

jeopardize or interfere with mission 

accomplishment or who fail to comply with 

or violate applicable requirements of this 

contract. Such action may be taken at the 

Government’s discretion without prejudice to 

its rights under any other provision of this 

contract, including the Termination for 

Default clause. 

(2) The Contractor shall identify all 

personnel who occupy a position that the 

Contracting Officer has designated as mission 

essential and ensure the continuity of 

essential Contractor services during 

designated operations. 

(3) The Contractor shall ensure that 

Contractor personnel follow the guidance at 

paragraph (e)(2)(v) of this clause and any 

specific Combatant Commander guidance on 

reporting offenses alleged to have been 

committed by or against Contractor personnel 

to appropriate investigative authorities. 

* * * * * 

(j) * * * 

(3) * * * 

(iv) Comply with applicable Combatant 

Commander and local commander forceprotection policies. 

(v) Understand that the inappropriate use 

of force could subject them to U.S. or hostnation prosecution and civil liability. 

* * * * * 

(o) Mortuary affairs. Contractor personnel 

who die while in support of the U.S. Armed 

Forces shall be covered by the DoD mortuary 

affairs program as described in DoD Directive 

1300.22, Mortuary Affairs Policy, and DoD 

Instruction 3020.41, Operational Contractor 

Support. 

* * * * * 

(q) Subcontracts. The Contractor shall 

incorporate the substance of this clause, 

including this paragraph (q), in all 

subcontracts when subcontractor personnel 

are supporting U.S. Armed Forces deployed 

outside the United States in— 

(1) Contingency operations; 

(2) Humanitarian assistance operations; 

(3) Other peace operations; 

(4) Other military operations or military 

exercises, when designated by the Combatant 

Commander; or 

(5) As directed by the Secretary of Defense. 

(End of clause) 

[FR Doc. 2013–25731 Filed 10–30–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2012–0107; 

4500030113] 

RIN 1018–AY26 

Endangered and Threatened Wildlife 

and Plants; Threatened Status for the 

Distinct Population Segment of the 

North American Wolverine in the 

Contiguous United States 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are reopening 

the public comment period on the 

proposed rule to list the distinct 

population segment (DPS) of the North 

American wolverine (Gulo gulo luscus) 

in the contiguous United States as 

threatened under the Endangered 

Species Act of 1973, as amended. The 

proposed rule was published in the 

Federal Register on February 4, 2013. 

We are reopening the comment period 

to allow the public an additional 

opportunity to review and comment on 

the proposed rule, as well as the peer 

review and public comments that were 

submitted during the first comment 

period. Comments already submitted 

need not be resubmitted, as they will be 

fully considered in preparation of the 

final rule, which we intend to issue by 

February 4, 2014, as required by the 

Endangered Species Act. 

DATES: We will accept public comments 

until December 2, 2013. Comments 

submitted electronically using the 

Federal eRulemaking Portal (see 

ADDRESSES, below) must be received by 

11:59 p.m. Eastern Time on that date. 

ADDRESSES: Document availability: You 

may obtain a copy of the proposed rule 

on the Internet at http://

www.regulations.gov at Docket No. 

FWS–R6–ES–2012–0107 or at http://

www.fws.gov/mountain-prairie/species/

mammals/wolverine/. All comments 

received during the first comment 

period, as well as supporting 

documentation we used in preparing the 

proposed rule, can be found at http://

www.regulations.gov in Docket No. 

FWS–R6–ES–2012–0107. Comments 

and materials we receive during this 

reopened comment period will also be 

available for public inspection on 

http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Montana Field Office (see FOR

FURTHER INFORMATION CONTACT). 

Comment submission: You may 

submit comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–R6–ES–2012–0107, which is 

the docket number for this rulemaking 

action. You may submit a comment by 

clicking on ‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R6–ES–2012– 

0107; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Information Requested section below for 

more details). 

FOR FURTHER INFORMATION CONTACT: Jodi 

Bush, Field Office Supervisor, U.S. Fish 

and Wildlife Service, Montana Field 

Office, 585 Shepard Way, Helena, MT 

59601; telephone 406–449–5225; 


tkelley on DSK3SPTVN1PROD with PROPOSALS