4648 Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Proposed Rules 

This rule amends the DFARS by 

incorporating policies and procedures at 

DFARS 212.301 and 232.72 on the use 

of a new DFARS solicitation provision 

252.232–7XXX, Notification of Payment 

in Local Currency (Afghanistan). This 

rule proposes to implement the payment 

currency procedures contained in the 

U.S. Central Command’s Fragmentary 

Orders 09–1567 and 10–143. The 

provision provides notification that the 

payment currency to be used for 

contracts for performance in 

Afghanistan shall be dependent on the 

nationality of the vendor. Additionally, 

DFARS 225.7703–1 provides direction 

to contracting officers to follow the 

procedures at DFARS Procedures, 

Guidance, and Information 225.7703– 

1(c) when issuing solicitations and 

contracts for performance in 

Afghanistan. 

DoD does not expect this proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities because this rule merely 

provides requirements for payments to 

host nation vendors for performance in 

Afghanistan. 

The proposed rule does not duplicate, 

overlap, or conflict with any other 

Federal rules. 

V. Paperwork Reduction Act 

The rule does not contain 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 212, 

225, 232, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 225, 232, 

and 252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 212, 

225, 232, 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— 

■ a. Redesignating paragraphs (f)(lii) 

through (lxvii) as (f)(liii) through 

(lxviii); and 

■ b. Adding a new paragraph (f)(lii) as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(lii) Use the clause at 252.232–7XXX, 

Notification of Payment in Local 

Currency (Afghanistan), as prescribed in 

237.7202. 

* * * * * 

PART 225—FOREIGN ACQUISITIONS 

■ 3. Section 225.7703–1 is amended by 

adding paragraph (c) to read as follows: 

225.7703–1 Acquisition procedures. 

* * * * * 

(c) When issuing solicitations and 

contracts for performance in 

Afghanistan, follow the procedures at 

PGI 225.7703–1(c). 

PART 232—CONTRACT FINANCING 

■ 4. Add subpart 232.72 to read as 

follows: 

Subpart 232.72—Payment in Local Currency 

(Afghanistan) 

Sec. 

232.7200 Scope of subpart. 

232.7201 Policy and procedures. 

232.7202 Solicitation provision. 

Subpart 232.72—Payment in Local 

Currency (Afghanistan) 

232.7200 Scope of subpart. 

This subpart prescribes policies and 

procedures concerning the payment of 

contracts for performance in 

Afghanistan. 

232.7201 Policy and procedures. 

Payment currency used for contracts 

performed in Afghanistan shall be 

dependent on the nationality of the 

vendor pursuant to the authority of 

USCENTCOM Fragmentary Orders 

(FRAGOs) 09–1567 and 10–143. If the 

contract is awarded to a host nation 

vendor (Afghan), the contractor will be 

paid in Afghani (local currency) via 

electronic funds transfer to a local 

(Afghan) banking institution. Contracts 

shall not be awarded to host nation 

vendors who do not bank locally. If 

awarded to other than a host nation 

vendor, the contract will be awarded in 

U.S. dollars. 

232.7202 Solicitation provision. 

Use the provision at 252.232–7XXX, 

Notification of Payment in Local 

Currency (Afghanistan), in all 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, for 

performance in Afghanistan. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. Section 252.232–7XXX is added as 

follows: 

252.232–7XXX Notification of Payment in 

Local Currency (Afghanistan). 

As prescribed in 232.7202, use the 

following provision: 

NOTIFICATION OF PAYMENT IN 

LOCAL CURRENCY (AFGHANISTAN) 

(Date) 

(a) This contract will be paid in Afghani 

(local currency) if the contract is awarded to 

a host nation vendor (Afghan), pursuant to 

the authority of USCENTCOM Fragmentary 

Order (FRAGO) 09–1567 and FRAGO 10– 

143. Contract payment will be made in 

Afghani (local currency) via electronic funds 

transfer (EFT) to a local (Afghan) banking 

institution, unless an exception in paragraph 

(c) applies. Contracts shall not be awarded to 

host nation vendors who do not bank locally. 

If award is made to other than a host nation 

vendor, the contract will be awarded in U.S. 

dollars. 

(b) Vendors shall submit quotations and 

offers in U.S. dollars. If the contract is 

awarded to an Afghan vendor, the quotation 

or offer will be converted to Afghani using 

a Government budget rate of [Insert current 

budget rate here] Afghani per U.S. dollar. 

(c) By exception, the following forms of 

payment are acceptable, in the following 

order of priority, when the local finance 

office determines that EFT using ITS.gov is 

not available: 

(1) EFT using Limited Depository Account 

(LDA). 

(2) Check from the local finance office 

LDA. 

(3) Local currency cash payments in 

Afghani (must be approved in writing by the 

local finance office and contracting office 

prior to contract award). Payments in cash 

are restricted to contracts when— 

(i) The vendor provides proof via a letter 

from the host nation banking institution that 

it is not EFT capable; and 

(ii) The local finance office validates that 

the vendor’s banking institution is not EFT 

capable. Cash payments will be made in 

Afghani. 

(End of provision) 

[FR Doc. 2014–01278 Filed 1–28–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 223 and 252 

RIN 0750–AI07 

Defense Federal Acquisition 

Regulation Supplement: Storage, 

Treatment, and Disposal of Toxic or 

Hazardous Materials—Statutory 

Update (DFARS Case 2013–D013) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Proposed Rules 4649 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

conform with statute, amend the clause 

prescriptions, and update the basic and 

alternate clause for the prohibition on 

storage, treatment, and disposal of toxic 

or hazardous materials. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before March 31, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D013, 

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–D013’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D013.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D013’’ on your attached document. 

Æ Email: dfars@mail.mil. Include 

DFARS Case 2013–D013 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Susan 

Williams, 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. 

Susan Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6092; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to amend DFARS 

subpart 223.71, currently titled ‘‘Storage 

and Disposal of Toxic and Hazardous 

Materials,’’ to conform subpart 223.71 to 

10 U.S.C. 2692. Additionally, the 

contract clause at 252.223.7006 is being 

reformatted to facilitate the use of 

automated contract writing systems. 

As part of DoD’s retrospective 

analysis, a review of DFARS part 223 

was conducted for the purpose of 

streamlining the regulations. It was 

determined that additional clarification 

to DFARS 223 is needed to assure 

compliance with existing standards 

under 10 U.S.C. 2692, entitled Storage, 

Treatment, and Disposal of Nondefense 

Toxic and Hazardous Materials. 

Originally, DAR case 92–D361 was 

opened in 1993 to address the 

requirements of the Defense 

Authorization Act for Fiscal Year 1993 

(Pub. L. 102–484), which modified 10 

U.S.C. 2692. An interim rule, DAR case 

92–D361, was published in the Federal 

Register on May 13, 1993, (58 FR 28458) 

to implement the requirements of 10 

U.S.C. 2692 and DoD Directive 6050.8. 

Prior to the interim rule, no coverage 

existed in the DFARS. However, DoD 

Directive 6050.8, Storage and disposal 

of non-DOD owned hazardous or toxic 

materials on DoD installations, had been 

previously issued on February 27, 1986, 

to cover the requirements of 10 U.S.C. 

2692. Over the years a number of 

amendments to the statute have been 

issued. DoD Directive 6050.8 was 

cancelled on September 10, 1998, as 

having served its purpose. Accordingly, 

this rule proposes to amend DFARS 

223.71 to better align the DFARS to the 

current provisions set forth in 10 U.S.C. 

2692 by— 

• Revising text to reflect current 

language and restrictions contained 

within the statute; 

• Reorganizing and partially rewriting 

sections to provide greater clarity to 

contracting officers; 

• Adding a new clause prescription 

under 223.7104; and 

• Revising the basic clause and 

alternate to require flowdown of the 

clause to subcontractors. 

A. Discussion 

This rule proposes to make the 

following changes: 

• Revise the 223.71 heading by 

adding the word ‘‘treatment’’ and 

changing ‘‘toxic and hazardous’’ to 

‘‘toxic or hazardous’’. The revised 

heading is ‘‘Storage, Treatment, and 

Disposal of Toxic or Hazardous 

Materials’’. 

• Add a new section 223.7101, 

Definitions, to include the terms 

‘‘storage’’ and ‘‘toxic or hazardous 

materials’’ and provide a cross reference 

to clause 252.223–7006, ‘‘Prohibition on 

Storage, Treatment, and Disposal of 

Toxic or Hazardous Materials,’’ where 

the terms are defined. The remaining 

sections in subpart 223.71 are 

renumbered as a result of adding the 

new section 223.7101, Definitions. 

• Redesignate 223.7100, Policy, as 

section 223.7102, Policy. The 

redesignated section 223.7102, 

paragraph (a) adds the term ‘‘treatment’’ 

to the 10 U.S.C. 2692 list of prohibited 

actions and includes a statement that 

the prohibition applies to toxic or 

hazardous materials ‘‘that are not owned 

either by DoD or by a member of the 

armed forces (or a dependent of the 

member) assigned to or provided 

military housing on the installation, 

unless an exception in 223.7104 

applies.’’ A new paragraph (b), 

implementing 10 U.S.C. 2692(c)(2), is 

added to state that when storage of toxic 

or hazardous materials is authorized 

based on imminent danger, the storage 

provided is required to be temporary 

and must cease once the imminent 

danger no longer exists. In all other 

cases, the storage or disposal is required 

to be terminated as determined by the 

Secretary. 

• Redesignate 223.7101, Procedures, 

as section 223.7103, Procedures. The 

following changes are made to the 

redesignated section 223.7102. 

Paragraph (a) is redesignated as 

paragraph (b). The original paragraph (b) 

is redesignated as subparagraph (a)(2) 

and revised for purposes of clarity and 

to conform to 10 U.S.C. 2692(b)(11). A 

new subparagraph (a)(1) is added to 

clearly identify and direct the reader to 

the prohibition exceptions. 

• Redesignate 223.7102, Exceptions, 

as section 223.7104, Exceptions. The 

following changes are made to the 

redesignated section 223.7104. 

Subparagraphs (a)(1) through (a)(9) are 

redesignated as (a)(2) through (a)(10), 

new subparagraphs (a)(1) and (a)(11) are 

added to the list of exceptions, and 

newly redesignated subparagraphs 

(a)(3), (a)(9), and (a)(10) are revised. 

Paragraph (b) is revised to require an 

additional finding by the Secretary of 

Defense that storage or disposal would 

not compete with private enterprise (see 

10 U.S.C. 2692(c)). The additions and 

revisions to the redesignated section 

223.7104 are as discussed below. 

Subparagraph (a)(1) adds an 

exemption to the prohibition for the 

storage, treatment, or disposal of 

materials used in connection with an 

activity of DoD or in connection with a 

service performed on a DoD installation 

for the benefit of DoD (see 10 U.S.C. 

2692(b)(1)). 

Subparagraph (a)(3) is revised to 

expand the exception for storage or 

disposal of explosives when no 

alternative exists to State or local law 

enforcement under the conditions set 

forth in the subparagraph (see 10 U.S.C. 

2692(b)(3)). 


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Subparagraph (a)(9) is revised to 

remove the term ‘‘a private person’’ and 

expands the exception for the storage of 

toxic or hazardous materials not owned 

by DoD but is required or generated in 

connection with the authorized and 

compatible use of a facility of DoD, 

including the use of such a facility for 

testing material or training personnel 

(see 10 U.S.C. 2692(b)(9)). 

Subparagraph (a)(10) is revised to 

remove the term ‘‘non-DoD owned 

material’’ and replace it with ‘‘toxic or 

hazardous materials not owned by 

DoD’’, remove the term ‘‘by a private 

person,’’ remove the language 

concerning commercial use of an 

industrial facility and replace it to 

reflect use of a facility of that military 

department when the Secretary enters 

into a contract or agreement with the 

prospective user, and replace the term 

‘‘that person’s’’ with ‘‘the prospective 

user’s’’ (see 10 U.S.C. 2692(b)(10)). 

Subparagraph (a)(11) adds an 

exemption for the storage of material not 

owned by DoD when the Secretary of 

the military department concerned 

determines the material is required or 

generated in connection with the use of 

a space launch facility on a DoD 

installation or other land controlled by 

the United States (see 10 U.S.C. 

2692(b)(11)). 

• A new section 223.7105, 

Reimbursement, is added to provide 

that the Secretary of Defense may assess 

a charge for any storage or disposal 

provided under the subpart. Any 

assessed costs shall be identified in the 

contract and are required to be paid to 

the Government on a reimbursable cost 

basis and (see 10 U.S.C. 2692(d)(1)). 

• Redesignate 223.7103, Contract 

clause, as section 223.7106, Contract 

clause, and revise the clause title to read 

‘‘Prohibition on Storage, Treatment, and 

Disposal of Toxic or Hazardous 

Materials’’. The changes made to the 

redesignated section 223.7106 are 

discussed below. 

Paragraph (a) revises the basic clause 

prescription by broadening the clause 

application to include solicitations and 

contracts that may require access to a 

DoD installation, unless a determination 

is made under 223.7104(a)(10). Offerors 

and contractors requiring access to a 

DoD installation will be put on notice of 

the prohibition of storing, treating, or 

disposing of non-DoD toxic or 

hazardous waste on a DoD installation. 

Paragraph (b) is revised to reflect the 

revised title for the alternate clause and 

the redesignation of 223.7102(a)(9) as 

223.7104(a)(10). 

• The clause 252.223–7006 titled is 

revised to read ‘‘Prohibition on Storage, 

Treatment, and Disposal of Toxic or 

Hazardous Materials.’’ New clause 

preface paragraphs (a) and (b) are added 

to address use of the basic and alternate 

clauses. Additional changes are made to 

the basic and alternate clauses as 

discussed below: 

The basic clause is expanded to 

include the treatment and 

reimbursement of costs to the 

Government. A requirement to flow 

down the substance of the basic clause 

is also added. 

The alternate clause is modified to 

reflect the redesignation of 

223.7102(a)(9) as 223.7104(a)(10). The 

flowdown provision is expanded to all 

subcontractors that may be permitted 

access to a DoD installation. The 

alternate clause also clarifies that the 

substance of the clause shall be flowed 

down to all subcontract tiers and that 

the prime Contractor is not relieved of 

liability by flowing the substance of the 

clause down to subcontractors. 

B. Clause With an Alternate 

In order to facilitate the use of 

automated contract writing systems, 

DoD is processing multiple cases, by 

DFARS part, to modify the naming 

convention for clauses with alternates, 

revise the clause prescriptions and 

clause prefaces, and provide the full text 

of each alternate in the regulation. 

This rule proposes to revise the title 

of the basic clause and its alternate, 

consistent with the new naming 

convention for clauses with alternates. 

The title of the basic clause is revised 

to read ‘‘Prohibition on Storage, 

Treatment, and Disposal of Toxic or 

Hazardous Materials–Basic.’’ Likewise, 

the title of the alternate clause is revised 

to read ‘‘Prohibition on Storage, 

Treatment, and Disposal of Toxic or 

Hazardous Materials–Alternate’’ in lieu 

of ‘‘Alternate I’’. 

Providing the full text of the alternate 

clause in the regulation should make the 

clause clearer to DoD contracting 

officers and to offerors. The current 

convention for alternates is to show in 

the regulation only the changed material 

that differs from the basic solicitation 

provision or clause. Providing the full 

text of the alternate in the regulation 

will clarify the paragraph substitutions. 

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, is 

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 the objective of the rule 

is to conform the DFARS with the 

statute regarding the storage, treatment, 

or disposal of toxic or hazardous 

materials not owned by DoD on DoD 

installations and to facilitate the use of 

automated contract writing systems. 

However, an initial regulatory flexibility 

analysis has been performed and is 

summarized as follows: 

The legal basis for the rule is 10 

U.S.C. 2692, as amended. DoD is 

proposing to amend the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to conform to the statute and 

apply the new paradigm for clauses 

with alternates. 

This rule affects contractors and 

subcontractors performing contracts that 

involve the storage, treatment, or 

disposal of toxic or hazardous materials 

not owned by DoD on a DoD 

installation. The Federal Procurement 

Data System does not provide 

identification of how many contractors 

and subcontractors (whether large or 

small) may be affected. Although the 

rule does provide more exceptions to 

the prohibition, as provided in 10 U.S.C. 

2692, it also implements 10 U.S.C. 

2692(d)(1), which provides that the 

Secretary of Defense may assess a charge 

for any storage or disposal provided 

under this section. Any such charge 

shall be on a reimbursable cost basis. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

No alternatives were determined that 

will accomplish the objectives of the 

rule. 

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–D013), in 

correspondence. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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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 223 and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 223 and 252 

are proposed to be amended as follows: 

■ 1. The authority citation for parts 223 

and 252 continues to read as follows: 

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

chapter 1. 

PART 223—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 2. Revise subpart 223.71 to read as 

follows: 

Subpart 223.71—Storage, Treatment, and 

Disposal of Toxic or Hazardous Materials 

Sec. 

223.7101 Definitions. 

223.7102 Policy. 

223.7103 Procedures. 

223.7104 Exceptions. 

223.7105 Reimbursement. 

223.7106 Contract clause. 

Subpart 223.71—Storage, Treatment, 

and Disposal of Toxic or Hazardous 

Materials 

223.7101 Definitions. 

As used in this subpart, the terms 

storage and toxic or hazardous 

materials are defined in the clause at 

252.223–7006, Prohibition on Storage, 

Treatment, and Disposal of Toxic or 

Hazardous Materials. 

223.7102 Policy. 

(a) 10 U.S.C. 2692 prohibits storage, 

treatment, or disposal on DoD 

installations of toxic or hazardous 

materials that are not owned either by 

DoD or by a member of the armed forces 

(or a dependent of the member) assigned 

to or provided military housing on the 

installation, unless an exception in 

223.7104 applies. 

(b) When storage of toxic or hazardous 

materials is authorized based on an 

imminent danger, the storage provided 

shall be temporary and shall cease once 

the imminent danger no longer exists. In 

all other cases of storage or disposal, the 

storage or disposal shall be terminated 

as determined by the Secretary of 

Defense. 

223.7103 Procedures. 

(a)(1) Storage, treatment, or disposal 

of toxic or hazardous materials not 

owned by DoD on a DoD installation is 

prohibited unless— 

(i) One or more of the exceptions set 

forth in 223.7104(a) is met including 

requisite approvals; or 

(ii) Secretary of Defense authorization 

is obtained under the conditions set 

forth in 223.7104(b). 

(2) When storage, treatment, or 

disposal of toxic or hazardous materials 

not owned by DoD is authorized in 

accordance with this subpart, the 

contract shall specify the types and 

quantities of toxic or hazardous 

materials that may be temporarily 

stored, treated, or disposed of in 

connection with the contract or as a 

result of the authorized use of a DoD 

facility or space launch facility. All 

solicitations and contracts shall specify 

the conditions under which storage, 

treatment, or disposal is authorized. 

(b) If the contracting officer is 

uncertain as to whether particular 

activities are prohibited or fall under 

one of the exceptions in 223.7104, the 

contracting officer should seek advice 

from the cognizant office of counsel. 

223.7104 Exceptions. 

(a) The prohibition of 10 U.S.C. 2692 

does not apply to any of the following: 

(1) The storage, treatment, or disposal 

of materials that will be or have been 

used in connection with an activity of 

DoD or in connection with a service to 

be performed on a DoD installation for 

the benefit of DoD. 

(2) The storage of strategic and critical 

materials in the National Defense 

Stockpile under an agreement for such 

storage with the Administrator of 

General Services Administration. 

(3) The temporary storage or disposal 

of explosives in order to protect the 

public or to assist agencies responsible 

for Federal, State, or local law 

enforcement in storing or disposing of 

explosives when no alternative solution 

is available, if such storage or disposal 

is made in accordance with an 

agreement between the Secretary of 

Defense and the head of the Federal, 

State, or local agency concerned. 

(4) The temporary storage or disposal 

of explosives in order to provide 

emergency lifesaving assistance to civil 

authorities. 

(5) The disposal of excess explosives 

produced under a DoD contract, if the 

head of the military department 

concerned determines, in each case, that 

an alternative feasible means of disposal 

is not available to the contractor, taking 

into consideration public safety, 

available resources of the contractor, 

and national defense production 

requirements. 

(6) The temporary storage of nuclear 

materials or nonnuclear classified 

materials in accordance with an 

agreement with the Secretary of Energy. 

(7) The storage of materials that 

constitute military resources intended to 

be used during peacetime civil 

emergencies in accordance with 

applicable DoD regulations. 

(8) The temporary storage of materials 

of other Federal agencies in order to 

provide assistance and refuge for 

commercial carriers of such material 

during a transportation emergency. 

(9) The storage of any material that is 

not owned by DoD, if the Secretary of 

the military department concerned 

determines that the material is required 

or generated in connection with the 

authorized and compatible use of a 

facility of DoD, including the use of 

such a facility for testing material or 

training personnel. 

(10) The treatment and disposal of 

any toxic or hazardous materials not 

owned by DoD if the Secretary of the 

military department concerned 

determines that the material is required 

or generated in connection with the 

authorized and compatible use of a 

facility of that military department and 

the Secretary enters into a contract or 

agreement with the prospective user 

that— 

(i) Is consistent with the best interest 

of national defense and environmental 

security; and 

(ii) Provides for the prospective user’s 

continued financial and environmental 

responsibility and liability with regard 

to the material. 

(11) The storage of any material that 

is not owned by DoD if the Secretary of 

the military department concerned 

determines that the material is required 

or generated in connection with the use 

of a space launch facility located on a 

DoD installation or on other land 

controlled by the United States. 

(b) The Secretary of Defense may 

grant an exception to the prohibition in 

10 U.S.C. 2692 when essential to protect 

the health and safety of the public from 

imminent danger if the Secretary 

otherwise determines the exception is 

essential and if the storage or disposal 

authorized does not compete with 

private enterprise. 

223.7105 Reimbursement. 

The Secretary of Defense may assess 

a charge for any storage or disposal 

provided under this subpart. If a charge 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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is to be assessed, then such assessment 

shall be identified in the contract with 

payment to the Government on a 

reimbursable cost basis. 

223.7106 Contract clause. 

Use the basic or the alternate of the 

clause at 252.223–7006, Prohibition on 

Storage, Treatment, and Disposal of 

Toxic or Hazardous Materials, in all 

solicitations and contracts which 

require, may require, or permit 

contractor access to a DoD installation. 

(a) Use the clause Prohibition on 

Storage, Treatment, and Disposal of 

Toxic or Hazardous Materials–Basic, 

unless a determination is made under 

223.7104(a)(10). 

(b) Use the clause Prohibition on 

Storage, Treatment and Disposal of 

Toxic or Hazardous Materials–Alternate 

I, when the Secretary of the military 

department issues a determination 

under the exception at 223.7104(a)(10). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.223–7006 is revised to 

read as follows: 

252.223–7006 Prohibition on storage, 

treatment, and disposal of toxic or 

hazardous materials. 

As prescribed in 223.7106, use the 

basic clause or its alternate: 

Basic: As prescribed at 223.7106(a), 

use the following clause: 

PROHIBITION ON STORAGE, 

TREATMENT, AND DISPOSAL OF 

TOXIC OR HAZARDOUS 

MATERIALS–BASIC (DATE) 

(a) Definitions. As used in this clause— 

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) The Contractor shall include the 

substance of this clause, including this 

paragraph (c), in all subcontracts that require, 

may require, or permit a subcontractor access 

to a DoD installation, at any subcontract tier. 

(End of clause) 

Alternate I. As prescribed in 

223.7106(b), use the following clause, 

which revises and redesignates 

paragraph (c) of the basic clause as 

paragraph (d), adds a new paragraph (c), 

and revises paragraph (d). 

PROHIBITION ON STORAGE, 

TREATMENT, AND DISPOSAL OF 

TOXIC OR HAZARDOUS 

MATERIALS—ALTERNATE I (DATE) 

(a) Definitions. As used in this clause— 

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 permits 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). 

(End of clause) 

[FR Doc. 2014–01277 Filed 1–28–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2012–0071; 

4500030113] 

RIN 1018–AY21 

Endangered and Threatened Wildlife 

and Plants; Listing the Lesser PrairieChicken as a Threatened Species With 

a Special Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

reopening of the comment period on the 

December 11, 2013, proposed revised 

special rule under authority of section 

4(d) of the Endangered Species Act of 

1973, as amended (Act), that provides 

measures that are necessary and 

advisable to provide for the 

conservation of the lesser prairiechicken (Tympanuchus pallidicinctus). 

In addition, we announce the reopening 

of the public comment period on the 

December 11, 2012, proposed rule to list 

the lesser prairie-chicken as a 

threatened species under the Act. We 

are reopening the comment period to 

allow all interested parties an 

opportunity to comment on the final 

Lesser Prairie-Chicken Range-Wide 

Conservation Plan, which has been 

prepared by the Lesser Prairie-Chicken 

Interstate Working Group, and our 

endorsement of the plan, and we request 

comments on the plan as it relates to our 

determination of status under section 

4(a)(1) of the Act. The final plan is 

available on the Internet in Docket No. 

FWS–R2–ES–2012–0071 at http://

www.regulations.gov. 

DATES: The comment period for the 

proposed rule published December 11, 

2012 (77 FR 73827), is reopened. We 

will accept comments received or 

postmarked on or before February 12, 


tkelley on DSK3SPTVN1PROD with PROPOSALS