Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 61279 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2011–0002] 

Final Flood Elevation Determinations 

Correction 

In rule document 2011–15507, 

beginning on page 36373, in the issue of 

Wednesday June 22, 2011, make the 

following corrections: 

§ 67.11 [Corrected] 

1. On page 36379, in the first column 

of the table for Clinton County, Iowa, 

‘‘Unincorporated Areas of Clinton 

County’’ should not have appeared. 

2. On the same page, in the first 

column of the table for Muscatine 

County, Iowa, ‘‘Unincorporated Areas of 

Muscatine County, Iowa’’ should not 

have appeared. 

[FR Doc. C1–2011–15507 Filed 10–3–11; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 32, 52, 61, 64, and 69 

Communications Common Carriers, 

Reporting and Recordkeeping 

Requirements, Telephone, 

Telecommunications, Uniform System 

of Accounts 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: This document announces the 

approval of the Office of Management 

and Budget (OMB) for information 

collection requirements in the sections 

outlined in the DATES section. 

DATES: Effective October 4, 2011, the 

following regulations have been 

approved by OMB: 

32.2000—64 FR 50007, September 15, 

1999. 

52.33—63 FR 35161, June 29, 1998. 

52.33(a)(3)—67 FR 40620, June 13, 

2002. 

61.38(b)(4)—69 FR 25336, May 6, 

2004. 

61.41(c), (d) and (e)—69 FR 25336, 

May 6, 2004. 

64.5001—71 FR 43673, August 2, 

2006. 

69.123—69 FR 25336, May 6, 2004. 

FOR FURTHER INFORMATION CONTACT: 

Lynne Hewitt Engledow, Pricing Policy 

Division, Wireline Competition Bureau, 

at lynne.engledow@fcc.gov. 

SUPPLEMENTARY INFORMATION: On June 

23 2000, OMB approved the information 

collection requirements contained in 

§ 32.2000 of title 47 of the United States 

Code as a revision to OMB Control 

Number 3060–0370. 

On September 12, 2000, OMB 

approved the information collection 

requirements contained in § 52.33 of 

title 47 of the United States Code as a 

revision to OMB Control Number 3060– 

0370. 

On October 22, 2002 OMB approved 

the information collection requirements 

contained in § 52.33(a)(3) of title 47 of 

the United States Code as a revision to 

OMB Control Number 3060–0742. 

On May 25, 2005, OMB approved the 

information collection requirements 

contained in §§ 61.38(b)(4), 61.41(c), (d) 

and (e) and 69.123 of title 47 of the 

United States Code as a revision to OMB 

Control Number 3060–0298. 

On February 5, 2007, OMB approved 

the information collection requirements 

contained in § 64.5001 of title 47 of the 

United States Code as a new collection, 

OMB Control Number 3060–1096. These 

information collection requirements 

required OMB approval to become 

effective. The Commission publishes 

this document as an announcement of 

those approvals. If you have any 

comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Thomas Butler, Federal 

Communications Commission, Room 5– 

C458, 445 12th Street, SW., Washington, 

DC 20554. Please include the OMB 

Control Numbers, 3060–0370, 3060– 

0742, 3060–0298, and 3060–1096 in 

your correspondence. The Commission 

will also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice, (202) 419–0432 (TTY). 

Synopsis: As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507), the FCC is notifying the 

public that it received OMB approval for 

the information collection requirements 

described above. The OMB Control 

Numbers are 3060–0370, 3060–0742, 

3060–0298 and 3060–1096. The total 

annual reporting burden for respondents 

for these collections of information, 

including the time for gathering and 

maintaining the collection of 

information, has been most recently 

approved to be: 

For 3060–0370: 859 responses, for a 

total of 859 hours, and no annual costs. 

For 3060–0742: 10,001,890 responses, 

for a total of 672,516 hours and 

$13,423,321 in annual costs. 

For 3060–0298: 1,160 responses, for a 

total annual burden of 58,000 hours, 

and $945,400 in annual costs. 

For 3060–1096: 1,896 responses, for a 

total of 15,800 hours, and no annual 

costs. 

An agency may not conduct or 

sponsor a collection of information 

unless it displays a current valid OMB 

Control Number. No person shall be 

subject to any penalty for failing to 

comply with a collection of information 

subject to the Paperwork Reduction Act, 

which does not display a current, valid 

OMB Control Number. The foregoing 

notice is required by the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, October 1, 1995, and 44 U.S.C. 3507. 

List of Subjects in 47 CFR Parts 32, 52, 

61, 64, and 69 

Communications common carriers, 

reporting and Recordkeeping 

requirements, Telephone, 

Telecommunications, Uniform system 

of accounts. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–25586 Filed 10–3–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 247, and 252 

RIN 0750–AG25 

Defense Federal Acquisition 

Regulation Supplement; Defense 

Cargo Riding Gang Member (DFARS 

Case 2007–D002) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, an interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 3504 of the National Defense 


sroberts on DSK5SPTVN1PROD with RULES
61280 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 

Authorization Act for Fiscal Year 2009. 

Section 3504 addresses requirements 

that apply to riding gang members and 

DoD-exempted individuals who perform 

work on U.S.-flag vessels under DoD 

contracts for transportation services. 

The final rule also makes an 

administrative change to a crossreference. 

DATES: Effective Date: October 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Meredith Murphy, telephone 703–602– 

1302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 75 

FR 65437 on October 25, 2010, to 

implement section 3504 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2009 (Pub. L. 110–417). 

Section 3504 amended section 1018 of 

the NDAA for FY 2007 (Pub. L. 109– 

364). 

Section 3504 addresses requirements 

that apply to riding gang members and 

DoD-exempted individuals who perform 

work on U.S.-flag vessels under DoD 

contracts for transportation services 

documented under chapter 121, title 46 

U.S.C. Section 3504 also applies to 

commercial contracts for carriage of 

cargo by a U.S.-flag vessel documented 

under chapter 121 of title 46 U.S.C. 

Such riding gang members must hold a 

U.S. Merchant Mariner’s Document 

issued under 46 U.S.C., chapter 73, or 

a transportation security card issued 

under section 70105 of such title. 

Section 3504 also permits exemptions 

for certain individuals, provided a 

background check of the individual is 

conducted. 

U.S. law requires crews of 

predominantly U.S. citizens aboard 

U.S.-flag vessels. For many years, 

foreign nationals have been utilized on 

U.S.-flag vessels as members of ‘‘riding 

gangs’’ who perform work beyond 

standard vessel maintenance and repair 

while ships are underway. In 2006, 

Congress prohibited the use of such 

foreign riding personnel on board 

vessels that are under contract with DoD 

unless DoD complied with certain 

limitations (The Coast Guard and 

Maritime Transportation Act of 2006, 

Pub. L. 109–241). The exceptions 

provided to DoD in 2006 did not match 

those applicable to other U.S.-flag 

vessels. The NDAA for FY 2009 made it 

clear that the exceptions available to 

DoD are complete exemptions both from 

the DoD-specific riding gang limitations 

and those generally applicable to U.S.- 

flag vessels. 

Contracting officers are encouraged to 

apply this rule to the maximum extent 

practicable to existing contracts, 

consistent with FAR 1.108(d). 

II. Discussion and Analysis 

Two respondents submitted a total of 

three comments on the interim rule. A 

discussion of the comments received 

and the resulting changes made to the 

rule follows. 

A. Background Checks 

These comments relate to the clause 

at 252.247–7027(c)(2) as promulgated, 

which requires that any individual who 

is exempted by paragraph (c)(1) of the 

clause from the requirements imposed 

on riding gang members by 46 U.S.C. 

8106 must pass a DoD background 

check before going aboard a vessel. With 

regard to these exempt individuals, the 

contractor shall submit the name and 

‘‘other necessary information’’ for a 

background check to the Government 

official specified in the contract. 

Comment: One respondent 

recommended that, in order to ensure 

consistency of information required 

across DoD contracting agencies, the 

final rule include guidelines as to what 

is considered ‘‘additional necessary 

information’’ in the case of an alien to 

be employed on a vessel under 

subparagraphs (i)–(iv) of paragraph 

(c)(1). Such guidelines could, for 

example, be constructed to be limited/ 

consistent with the types of personal 

identifying and employment-related 

information required to obtain a U.S. 

nonimmigrant visa for an individual to 

enter the U.S. temporarily for business 

as required for an alien to be eligible for 

issuance of a transportation security 

card under 46 U.S.C. 70105, including 

inter alia, a C–1/D Crewman Visa. 

DoD Response: The clause at 252.247– 

7027 has been revised to state that the 

contractor will submit the name and 

other ‘‘biographical’’ information 

necessary to the Government official 

specified in the contract for the 

purposes of conducting a background 

check. The term biographical 

encompasses the following examples of 

information required, such as last 

(previous and current), first, and middle 

name, date of birth, social security 

account number, passport number, and 

nationality listed on the passport, as 

applicable. 

Comment: A respondent commented 

on the ‘‘approving official specified in 

the contract.’’ The underlying rationale 

for the exemptions provided by section 

3504 of the FY 2009 NDAA, was to grant 

DoD greater flexibility to allow 

individuals to perform functions 

unrelated to the operation or 

maintenance of the vessel transporting 

DoD cargoes, outside the parameters 

applied to riding gang members on U.S.- 

flag freight vessels generally under 46 

U.S.C. 8106. It is, therefore, 

recommended that the language of the 

proposed clause be amended to read as 

follows to reinforce DoD’s role in the 

approval process: 

‘‘The Contractor shall submit the 

name and other necessary information 

for a background check to the DoD 

Contracting Officer or his designee for 

approval.’’ 

DoD response: The contracting officer 

or designee is not the approving official 

for the background check. The clause 

has been revised to state that ‘‘the 

Contractor is required to submit the 

name and other biographical 

information necessary to the 

Government official specified in the 

contract for the purposes of conducting 

a background check.’’ The Government 

official specified in the contract could 

be the program manager, contracting 

officer, or other designee depending 

upon the contract and agency. Contact 

information for the specific DoD law 

enforcement agency approving the 

background check, COMSC N34 

(Director of Force Protection for Military 

Sealift Command), and specific 

procedural guidance for DoD personnel 

obtaining the background check is 

contained in the DFARS companion 

resource, Procedures, Guidance, and 

Information (PGI), at PGI 247.5. 

B. Language Inconsistency 

Comment: DFARS 252.247–7027(a) 

defines ‘‘riding gang member’’ as it is 

defined at 46 U.S.C. 8106. That statutory 

definition of ‘‘riding gang member’’ 

describes an individual who does not 

perform certain duties and ‘‘has not 

been issued a Merchant Mariner’s 

Document * * *.’’ One respondent 

noted that DFARS 252.247–7027(b) 

states ‘‘Notwithstanding 46 U.S.C. 8106, 

the Contractor shall ensure each riding 

gang member holds a valid U.S. 

Merchant Mariner’s Document issued 

under 46 U.S.C. chapter 73, or a 

transportation security card * * *.’’ 

DoD response: The implementing 

language of the interim rule is 

consistent with the statutory language. 

Section 3504 of the NDAA for FY 2009, 

Public Law 110–417, required the 

Secretary of Defense to include clauses 

in certain contracts implementing the 

riding gang member provisions of 46 

U.S.C. 8106 and requiring that riding 

gang members be issued a Merchant 

Mariner’s Document or a transportation 

security card. As such, the interim rule 

merely implements the requirement of 

the statute. 

The initial legislative proposal that 

resulted in section 3504 contained a 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 61281 

section-by-section analysis that 

specifically identified the apparent 

inconsistency noted by the respondent. 

DoD determined that Congress intended 

for the language in 46 U.S.C. 8106 in the 

definition of ‘‘riding gang member’’ 

pertaining to the Merchant Mariner’s 

Document to be modified, as applicable, 

to DoD in 10 U.S.C. 1018 by requiring 

that each riding gang member have 

either a Merchant Mariner’s Document 

or a transportation security card. 

Accordingly, the ‘‘Notwithstanding 46 

U.S.C. 8106’’ language of DFARS 

252.247–7027 accurately implements 

section 3504 and is consistent with 

Congressional intent. 

C. Other Changes 

The final rule adds clause 252.247– 

7027, Riding Gang Member 

Requirements, to the list of clauses at 

252.212–7001 that are required to 

implement statutes or executive orders 

applicable to defense acquisitions of 

commercial items because section 3504 

also applies to commercial contracts for 

carriage of cargo by a U.S.-flag vessel 

documented under chapter 121 of title 

46 U.S.C. and, in a related change, 

removes it from the list at 212.301(f). 

Additionally, the final rule revises the 

cross-reference to 252.211–7006 at 

212.301(f)(iv)(D) to reflect the correct 

title of the clause. 

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 final 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. DoD 

has prepared a final regulatory 

flexibility analysis (FRFA), which is 

summarized as follows: 

The objective of the rule is to provide 

authorization, restrictions, and 

exemptions for the use of riding gang 

members on U.S.-flag vessels under 

charter or contract to DoD for the 

carriage of DoD cargo. The requirements 

of the rule will apply to entities 

interested in receiving DoD contracts for 

carriage of DoD cargo. 

The rule requires the contractor to 

ensure that each riding gang member 

holds a valid U.S. Merchant Mariner’s 

Document issued under 46 U.S.C. 

chapter 73, or a transportation security 

card issued under section 70105 of such 

title. Any individual who is exempt 

from these requirements must pass a 

DoD background check before going 

aboard the vessel. With regard to these 

exempt individuals, the contractor shall 

submit the name and other necessary 

identifying information for a 

background check to the approving 

official specified in the contract. 

There is no reporting or 

recordkeeping requirement established 

by this rule. This rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. DoD anticipates that 

there will be limited, if any, additional 

costs imposed on small businesses. No 

comments were received in response to 

the initial regulatory flexibility analysis 

as published in the interim rule. 

Interested parties may obtain a copy 

of the FRFA from the point of contact 

named herein. A copy of the FRFA has 

been submitted to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

V. Paperwork Reduction Act 

The rule does not impose 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 212, 

247, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Accordingly, the interim rule 

amending 48 CFR parts 212, 247, and 

252, which was published at 75 FR 

65437 on October 25, 2010, is adopted 

as a final rule with the following 

changes: 

■ 1. The authority citation for 48 CFR 

parts 212, 247, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

212.301 [Amended] 

■ 2. Amend section 212.301 in 

paragraph (f)(iv)(D) by removing the title 

of the clause ‘‘Radio Frequency 

Identification’’ and adding in its place 

‘‘Passive Radio Frequency 

Identification’’ and by removing 

paragraph (f)(iv)(M). 

PART 247—TRANSPORTATION 

■ 3. Amend section 247.574 by revising 

paragraph (f) to read as follows: 

247.574 Solicitation provisions and 

contract clauses. 

* * * * * 

(f) Use the clause at 252.247–7027, 

Riding Gang Member Requirements, in 

solicitations and contracts for the 

charter of, or contract for carriage of 

cargo by, a U.S.-flag vessel documented 

under chapter 121 of title 46 U.S.C. 

Follow the procedures at PGI 247.574. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 252.212–7001 by 

removing the clause date ‘‘(SEP 2011)’’ 

and adding in its place ‘‘(OCT 2011)’’ 

and adding paragraph (b)(30) to read as 

follows: 

252.212–7001 Contract Terms and 

Conditions Required to Implement Statutes 

or Executive Orders Applicable to Defense 

Acquisitions of Commercial Items. 

* * * * * 

(b) * * * 

(30) ll 252.247–7027, Riding Gang 

Member Requirements (OCT 2011) 

(Section 3504 of Pub. L. 110–417). 

* * * * * 

■ 5. Amend section 252.247–7027 by 

removing the clause date ‘‘(OCT 2010)’’ 

and adding in its place ‘‘(OCT 2011)’’ 

and revising paragraph (c)(2) to read as 

follows: 

252.247–7027 Riding Gang Member 

Requirements. 

* * * * * 

(c) * * * 

(2) Any individual who is exempt 

under paragraph (c)(1) of this clause 

must pass a DoD background check 

before going aboard the vessel. 

(i) The Contractor shall— 

(A) Render all necessary assistance to 

U.S. Armed Forces personnel with 

respect to the identification and 

screening of exempted individuals. This 

will require, at a minimum, the 

Contractor to submit the name and other 

biographical information necessary to 


sroberts on DSK5SPTVN1PROD with RULES
61282 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 

the Government official specified in the 

contract for the purposes of conducting 

a background check; and 

(B) Deny access or immediately 

remove any individual(s) from the 

vessel deemed unsuitable for any reason 

by Military Sealift Command Force 

Protection personnel. The Contractor 

agrees to replace any such individual 

promptly and require such replacements 

to fully comply with all screening 

requirements. 

(ii) The head of the contracting 

activity may waive this requirement if 

the individual possesses a valid U.S. 

Merchant Mariner’s Document issued 

under 46 U.S.C. chapter 73, or a 

transportation security card issued 

under section 70105 of such title. 

* * * * * 

[FR Doc. 2011–25233 Filed 10–3–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AH21 

Defense Federal Acquisition 

Regulation Supplement; Definition of 

‘‘Qualifying Country End Product’’ 

(DFARS Case 2011–D028) 

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 revise the definition of 

‘‘qualifying country end product.’’ This 

final rule eliminates the component test 

for qualifying country end products that 

are commercially available off-the-shelf 

items. 

DATES: Effective date: October 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Amy G. Williams, telephone 703–602– 

0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 76 FR 32845 on June 

6, 2011, to amend the definition of 

qualifying country end product. One 

comment was received in response to 

the proposed rule. 

II. Discussion and Analysis of Public 

Comment 

Comment: The respondent stated that 

we need to define ‘‘commercially 

available off-the-shelf item’’ or reference 

the definition in the FAR, because there 

is nothing that says that the definitions 

in the FAR necessarily apply to the 

DFARS. 

Response: The DFARS implements 

and supplements the FAR (see FAR 

subpart 1.3). Unless the DFARS 

specifically makes a statement to the 

contrary, everything in the FAR is the 

basis upon which the DFARS is built. 

No change to the rule is necessary on 

the basis of this comment. 

III. Other Changes 

As a technical update, the more recent 

definition of ‘‘qualifying country’’ in 

225.003 is incorporated in two of the 

clauses changed by the final rule, rather 

than citing to the list of qualifying 

countries at 225.872–1. This has no 

practical impact, because the two lists 

contain the same countries. The 

definition was added to DFARS 225.003 

to reduce confusion, because the list at 

DFARS 225.872–1 is split into two 

paragraphs, (a) and (b), which 

sometimes leads to misinterpretation of 

the status of countries that are listed in 

paragraph (b). 

IV. 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. 

V. Regulatory Flexibility Act 

DoD certifies that this rule will not 

have a significant 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 rule only affects 

manufacturers of COTS items in 

qualifying countries, removing an 

administrative burden for the qualifying 

country manufacturer and the 

Government personnel acquiring the 

items. No domestic entities will be 

impacted by this rule. For the definition 

of ‘‘small business,’’ the Regulatory 

Flexibility Act refers to the Small 

Business Act, which in turn allows the 

U.S. Small Business Administration 

(SBA) Administrator to specify detailed 

definitions or standards (5 U..S.C 601(3) 

and 15 U.S.C. 632(a)). The SBA 

regulations at 13 CFR 121.105 discuss 

who is a small business: ‘‘(a)(1) Except 

for small agricultural cooperatives, a 

business concern eligible for assistance 

from SBA as a small business is a 

business entity organized for profit, 

with a place of business located in the 

United States, and which operates 

primarily within the United States or 

which makes a significant contribution 

to the U.S. economy through payment of 

taxes or use of American products, 

materials or labor.’’ 

The comparable change has already 

been enacted for the benefit of U.S. 

manufacturers of COTS items. 

VI. Paperwork Reduction Act 

The rule does not impose any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. (chapter 35). 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

252.212–7001 [Amended] 

■ 2. Amend section 252.212–7001 as 

follows: 

■ a. Remove the clause date ‘‘(SEP 

2011)’’ and add in its place ‘‘(OCT 

2011)’’; 

■ b. In paragraph (b)(6)(i), remove the 

clause date ‘‘(JAN 2009)’’ and add in its 

place ‘‘(OCT 2011)’’ and in paragraph 

(b)(6)(ii), remove the clause date ‘‘(DEC 

2010)’’ and add in its place ‘‘(OCT 

2011)’’; 

■ c. In paragraph (b)(12)(i), remove the 

clause date ‘‘(JUN 2011)’’ and add in its 

place ‘‘(OCT 2011)’’, in paragraph 

(b)(12)(ii), remove the clause date ‘‘(SEP 

2008)’’ and add in its place ‘‘(OCT 

2011)’’, and in paragraph (b)(12)(iii), 

remove the clause date ‘‘(DEC 2010)’’ 

and add in its place ‘‘(OCT 2011)’’; and 

■ d. In paragraph (b)(15)(i), remove the 

clause date ‘‘(DEC 2010)’’ and add in its 


sroberts on DSK5SPTVN1PROD with RULES