78874 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules 

designation recommendations for the 

2008 Ozone NAAQS. These responses 

can be found on the EPA’s Internet Web 

site at http://www.epa.gov/ 

ozonedesignations and also in the 

public docket for ozone designations at 

Docket ID No. EPA–HQ–OAR–2008– 

0476. The CAA section 107(d) provides 

a process for designations that involves 

recommendations by states and tribes to 

the EPA and responses from the EPA to 

those parties, prior to the EPA 

promulgating final designations and 

boundaries. The EPA is not required 

under the CAA section 107(d) to seek 

public comment during the designation 

process, but is electing to do so for the 

2008 Ozone NAAQS in order to gather 

additional information for the EPA to 

consider before making final 

designations. The EPA invites public 

comment on its responses to states and 

tribes during the 30-day comment 

period provided by this notice. Due to 

the statutory timeframe for 

promulgating designations set out in the 

CAA section 107(d), the EPA will not be 

able to consider any public comments 

submitted after January 19, 2012. This 

notice and opportunity for public 

comment does not affect any rights or 

obligations of any state, tribe or the EPA 

which might otherwise exist pursuant to 

the CAA section 107(d). 

Please refer to the ADDRESSES section 

above in this document for specific 

instructions on submitting comments 

and locating relevant public documents. 

In establishing nonattainment area 

boundaries, the EPA is required to 

identify the area that does not meet the 

2008 Ozone NAAQS and any nearby 

area that is contributing to the area that 

does not meet that standard. We are 

particularly interested in receiving 

comments, supported by relevant 

information, if you believe that a 

specific geographic area that the EPA is 

proposing to identify as a nonattainment 

area should not be categorized by the 

CAA section 107(d) criteria as 

nonattainment, or if you believe that a 

specific area not proposed by the EPA 

to be identified as a nonattainment area 

should in fact be categorized as 

nonattainment using the CAA section 

107(d) criteria. Please be as specific as 

possible in supporting your views. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified in the DATES section 

above. 

II. Instructions for Submitting Public 

Comments 

What should I consider as I prepare my 

comments for the EPA? 

1. Submitting Confidential Business 

Information. Do not submit this 

information to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be confidential 

business information. For confidential 

business information in a disk or CD– 

ROM that you mail to the EPA, mark the 

outside of the disk or CD–ROM as 

confidential business information and 

then identify electronically within the 

disk or CD–ROM the specific 

information that is claimed as 

confidential business information. In 

addition to one complete version of the 

comment that includes information 

claimed as confidential business 

information, a copy of the comment that 

does not contain the information 

claimed as confidential business 

information must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

Send or deliver information identified 

as confidential business information 

only to the following address: Roberto 

Morales, U.S. EPA, Office of Air Quality 

Planning and Standards, Mail Code 

C404–02, Research Triangle Park, NC 

27711, telephone (919) 541–0880, email 

at morales.roberto@epa.gov, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0476. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

III. Internet Web Site for Rulemaking 

Information 

The EPA has also established a Web 

site for this rulemaking at www.epa.gov/ 

ozonedesignations. The Web site 

includes the state and tribal designation 

recommendations, information 

supporting the EPA’s preliminary 

designation decisions, as well as the 

rulemaking actions and other related 

information that the public may find 

useful. 

Dated: December 13, 2011. 

Jennifer Noonan Edmonds, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2011–32557 Filed 12–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 203, 204, 212, 213, 

217, 219, 222, 225, 233, 243, 252, 

Appendix I to Chapter 2 

RIN 0750–AH55 

Defense Federal Acquisition 

Regulation Supplement: Title 41 

Positive Law Codification—Further 

Implementation (DFARS Case 2012– 

D003) 

AGENCIES: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement to conform 

statutory titles to the new Positive Law 

Codification of Title 41, United States 

Code, ‘‘Public Contracts.’’ 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before February 21, 2012, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D003, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D003’’ 

under the heading ‘‘Enter keyword or 


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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D003.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2012– 

D003’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D003 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

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. 

Amy G. Williams, telephone (703) 602– 

0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 4, 2011, Public Law 111– 

350 enacted a new codified version of 

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

entitled ‘‘Public Contracts.’’ Title 41 

U.S.C. citations were updated under 

DFARS Case 2011–D036 (76 FR 58137, 

September 20, 2011). 

This case proposes to make further 

changes to the previous titles of Acts 

that have changed in titles 40 and 41 

(comparable to the proposed Federal 

Acquisition Regulation (FAR) rule 

under FAR Case 2011–018), and other 

edits, as necessary. 

II. Discussion and Analysis 

DoD is updating the historical names 

of the Acts in the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) (e.g., the ‘‘Service Contract Act 

of 1965’’ is now the ‘‘Service Contract 

Labor Standards statute’’). A table 

providing the historical titles of the acts, 

the present statutory citation, and the 

new titles of the statutes is being 

proposed under FAR case 2011–018 for 

inclusion at FAR 1.110. That table will 

cover acts under both titles 40 and 41. 

Although there were no substantive 

changes to the meaning of the statutes, 

there were some changes in 

terminology. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

DoD does not expect this 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 rule does not change any 

policies or requirements. It just changes 

and updates references and terminology. 

Therefore, an initial regulatory 

flexibility analysis has not been 

performed. 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 the 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 2012–D003), in 

correspondence. 

V. Paperwork Reduction Act 

The rule does not impose any new 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 201, 

203, 204, 212, 213, 217, 219, 222, 225, 

233, 243, 252, Appendix I to Chapter 2 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 201, 203, 204, 

212, 213, 217, 219, 222, 225, 233, 243, 

252, and Appendix I are proposed for 

amendment as follows: 

1. The authority citation for 48 CFR 

parts 201, 203, 204, 212, 213, 217, 219, 

222, 225, 233, 243, 252, and Appendix 

I continues to read as follows: 

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

chapter 1. 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

201.107 [Amended] 

2. Section 201.107 is amended by 

removing from the introductory 

sentence ‘‘section 29 of the Office of 

Federal Procurement Policy Act (41 

U.S.C. 1304)’’ and adding ‘‘41 U.S.C. 

1304’’ in its place. 

201.304 [Amended] 

3. Section 201.304 is amended by 

removing from introductory paragraph 

(2) ‘‘section 29 of the Office of Federal 

Procurement Policy Act (41 U.S.C. 

1304)’’ and adding ‘‘41 U.S.C. 1304’’ in 

its place. 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

203.070 [Amended] 

4. Section 203.070 is amended by 

removing from paragraph (f) ‘‘Antikickback Act’’ and adding ‘‘Kickbacks’’ 

in its place. 

203.502–2 [Amended] 

5. Section 203.502–2 is amended by 

removing from introductory paragraph 

(h) ‘‘the Anti-Kickback Act of 1986’’ and 

adding ‘‘41 U.S.C. chapter 87, 

Kickbacks’’ in its place. 

PART 204—ADMINISTRATIVE 

MATTERS 

204.1202 [Amended] 

6. Section 204.1202 is amended by— 

a. Removing from paragraph (2)(v) 

‘‘Buy American Act—Balance of 

Payments Program Certificate’’ and 

adding ‘‘Buy American—Balance of 

Payments Program Certificate’’ in its 

place; and 

b. Removing from paragraph (2)(ix) 

‘‘Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate’’ and adding ‘‘Buy 

American—Free Trade Agreements— 

Balance of Payments Program 

Certificate’’ in its place. 

7. Section 204.7003 is amended by 

revising paragraph (a)(3)(vi) to read as 

follows: 

204.7003 Basic PII number. 

(a) * * * 

(3) * * * 

(vi) Contracting actions placed with or 

through other Government departments or 

agencies or against contracts placed by such 

departments or agencies outside the DoD 

(including actions from nonprofit agencies 

employing people who are blind or severely 

disabled (AbilityOne), and the Federal Prison 

Industries (UNICOR))—F 

* * * * * 


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PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

212.301 [Amended] 

8. Section 212.301 is amended by— 

a. Removing from paragraph (f)(i)(A) 

‘‘Buy American Act—Balance of 

Payments Program Certificate’’ and 

adding ‘‘Buy American—Balance of 

Payments Program Certificate’’ in its 

place; and 

b. Removing from paragraph (f)(i)(C) 

‘‘Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate’’ and adding ‘‘Buy 

American—Free Trade Agreements— 

Balance of Payments Program 

Certificate’’ in its place. 

212.7102–1 [Amended] 

9. Section 212.7102–1 is amended by 

removing from paragraph (e)(2) ‘‘section 

26 of the Office of Federal Procurement 

Policy Act (41 U.S.C. 1502)’’ and adding 

‘‘41 U.S.C. 1502’’ in its place. 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

213.301 [Amended] 

10. Section 213.301 is amended by 

removing from paragraph (1) 

‘‘Continental Shelf lands’’ and adding 

‘‘Continental Shelf’’ in its place. 

213.302–5 [Amended] 

11. Section 213.302–5 is amended 

by— 

a. Removing from the first sentence of 

introductory paragraph (d) ‘‘Buy 

American Act—Supplies’’ and adding 

‘‘Buy American—Supplies’’ and 

removing from the second sentence 

‘‘Buy American Act’’ and adding ‘‘Buy 

American statute’’ in its place; 

b. Removing from paragraph (d)(i) 

‘‘Buy American Act and Balance of 

Payments Program’’ and adding ‘‘Buy 

American and Balance of Payments 

Program’’ in its place: and 

c. Removing from paragraph (d)(ii) 

‘‘Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program’’ and adding ‘‘Buy American— 

Free Trade Agreements—Balance of 

Payments Program’’ in its place. 

PART 217—SPECIAL CONTRACTING 

METHODS 

217.7000 [Amended] 

12. Section 217.7000 is amended by 

removing ‘‘Section 201(c) of the Federal 

Property and Administrative Services 

Act of 1949, 63 Stat. 384, as amended 

(40 U.S.C. 481(c))’’ and adding ‘‘40 

U.S.C. 503’’ in its place. 

PART 219—SMALL BUSINESS 

PROGRAMS 

219.703 [Amended] 

13. Section 219–703 is amended by 

removing from paragraph (a) ‘‘JavitsWagner-O’Day Act (41 U.S.C. 8502– 

8504)’’ and adding ‘‘41 U.S.C. chapter 

85’’ in its place. 

PART 222—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

14. Subpart 222.3 is amended by 

revising the heading to read as follows: 

Subpart 222.3—Contract Work Hours 

and Safety Standards 

222.302 [Amended] 

15. Section 222.302 is amended by 

removing from the introductory 

sentence ‘‘Contract Work Hours and 

Safety Standards Act’’ and adding 

‘‘Contract Work Hours and Safety 

Standards’’ in its place. 

16. Section 222.402–70 is amended by 

revising introductory paragraph (a), and 

paragraphs (b),(c),(d)(1) through (d)(3) 

and (f) to read as follows: 

222.402–70 Installation support contracts. 

(a) Apply both the Service Contract 

Labor Standards statute and the 

Construction Wage Rate Requirements 

statute to installation support contracts 

if— 

* * * * * 

(b) Service Contract Labor Standards 

statute coverage under the contract. 

Contract installation support 

requirements, such as plant operation 

and installation services (i.e., custodial, 

snow removal, etc.) are subject to the 

Service Contract Labor Standards. 

Apply Service Contract Labor Standards 

clauses and minimum wage and fringe 

benefit requirements to all contract 

service calls or orders for such 

maintenance and support work. 

(c) Construction Wage Rate 

Requirements statute coverage under 

the contract. Contract construction, 

alteration, renovation, painting, and 

repair requirements (i.e., roof shingling, 

building structural repair, paving 

repairs, etc.) are subject to the 

Construction Wage Rate Requirements 

statute. Apply Construction Wage Rate 

Requirements clauses and minimum 

wage requirements to all contract 

service calls or orders for construction, 

alteration, renovation, painting, or 

repairs to buildings or other works. 

(d) Repairs versus maintenance. Some 

contract work may be characterized as 

either Construction Wage Rate 

Requirements painting/repairs or 

Service Contract Labor Standards 

maintenance. For example, replacing 

broken windows, spot painting, or 

minor patching of a wall could be 

covered by either the Construction Wage 

Rate Requirements or the Service 

Contract Labor Standards. In those 

instances where a contract service call 

or order requires construction trade 

skills (i.e., carpenter, plumber, painter, 

etc.), but it is unclear whether the work 

required is Service Contract Labor 

Standards maintenance or Construction 

Wage Rate Requirements painting/ 

repairs, apply the following rules: 

(1) Individual service calls or orders 

which will require a total of 32 or more 

work hours to perform shall be 

considered to be repair work subject to 

the Construction Wage Rate 

Requirements. 

(2) Individual service calls or orders 

which will require less than 32 work 

hours to perform shall be considered to 

be maintenance subject to the Service 

Contract Labor Standards. 

(3) Painting work of 200 square feet or 

more to be performed under an 

individual service call or order shall be 

considered to be subject to the 

Construction Wage Rate Requirements 

statute regardless of the total work hours 

required. 

* * * * * 

(f) Contracting officers may not avoid 

application of the Construction Wage 

Rate Requirements statute by splitting 

individual tasks between orders or 

contracts. 

* * * * * 

17. Section 222.404 is amended by 

revising the section heading to read as 

follows: 

222.404 Construction Wage Rate 

Requirements statute wage determinations. 

222.406–1 [Amended] 

18. Section 222.406–1 is amended 

by— 

a. Removing from paragraph 

(b)(1)(A)(1) ‘‘Davis Bacon Act’’ and 

adding ‘‘Construction Wage Rate 

Requirements statute’’ in its place; and 

b. Removing from paragraph 

(b)(1)(A)(2) ‘‘Contract Work Hours and 

Safety Standards Act’’ and adding 

‘‘Contract Work Hours and Safety 

Standards statute’’ in its place. 

222.406–8 [Amended] 

19. Section 222.406–8 is amended by 

removing from introductory paragraph 

(c)(4)(A) ‘‘Contract Work Hours and 

Safety Standards Act (CWHSSA)’’ and 

adding ‘‘Contract Work Hours and 

Safety Standards (CWHSS) statute’’ in 

its place. 


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222–406–9 [Amended] 

20. Section 222–406–9 is amended by 

removing from paragraph (a) ‘‘DavisBacon or CWHSSA’’ and adding 

‘‘Construction Wage Rate Requirements 

or CWHSS statute’’ in its place. 

222.406–13 [Amended] 

21. Section 222.406–13 is amended 

by— 

a. Removing from the introductory 

paragraph ‘‘Davis-Bacon Act and the 

CWHSSA’’ and adding ‘‘Construction 

Wage Rate Requirements statute and the 

CWSS statute’’ in its place; 

b. Removing from paragraph (7)(i) 

‘‘Davis-Bacon Act’’ and adding 

‘‘Construction Wage Rate Requirements 

statute; and’’ in its place; 

c. Removing from paragraph (7)(ii) 

‘‘CWSSA’’ and adding ‘‘CWSS statute’’ 

in its place; 

d. Removing from paragraph (8)(i) 

‘‘Davis Bacon Act’’ and adding 

‘‘Construction Wage Rate Requirements 

statute; and CWSS statute’’ in its place; 

and removing from paragraph (8)(ii) 

‘‘CWHSSA’’ and adding ‘‘CWHSS 

statute’’ in its place; 

e. Removing from introductory 

sentence (9) ‘‘CWHSSA’’ and adding 

‘‘CWSS statute’’ in its place and from 

paragraph (9)(i) ‘‘; and’’; 

f. Removing from paragraph (10)(i) 

‘‘Davis-Bacon Act’’ and adding 

‘‘Construction Wage Rate Requirements 

statute;’’ in its place; and removing from 

paragraph (10)(ii) ‘‘CWHSSA’’ and 

adding ‘‘CWSS statute; and’’ in its place. 

22. Subpart 222.10 is amended by 

revising the subpart heading to read as 

follows: 

Subpart 222.10—Service Contract 

Labor Standards 

23. Subpart 222.14 is amended by 

revising the subpart heading to read as 

follows: 

Subpart 222.14—Employment of 

Workers With Disabilities 

PART 225—FOREIGN ACQUISITION 

225.003 [Amended] 

24. Section 225.003 is amended by— 

a. Removing from paragraph (4) 

‘‘252.225–7001, Buy American Act and 

Balance of Payments Program; and 

252.225–7036, Buy American Act—Free 

Trade Agreements—Balance of 

Payments Program’’ and adding 

‘‘252.225–7001, Buy American and 

Balance of Payments Program; and 

252.225–7036, Buy American—Free 

Trade Agreements—Balance of 

Payments Program’’ in its place; and 

b. Removing from paragraph (11) 

‘‘252.225–7001, Buy American Act and 

Balance of Payments Program; and 

252.225–7036, Buy American Act—Free 

Trade Agreements—Balance of 

Payments Program’’ and adding 

‘‘252.225–7001, Buy American and 

Balance of Payments Program; and 

252.225–7036, Buy American—Free 

Trade Agreements—Balance of 

Payments Program’’ in its place. 

25. Subpart 225.1 is amended by 

revising the subpart heading to read as 

follows: 

Subpart 225.1—Buy American— 

Supplies 

225.103 [Amended] 

26. Section 225.103 is amended by— 

a. Removing from paragraph (a)(i)(B) 

‘‘Buy American Act’’ and adding ‘‘Buy 

American statute’’ in its place; and 

b. Removing from introductory 

paragraph (a)(ii)(A) ‘‘Subpart 225.5’’ and 

adding ‘‘subpart 225.5’’ in its place and 

removing ‘‘Buy American Act’’ and 

adding ‘‘Buy American statute’’ in its 

place. 

225.502 [Amended] 

27. Section 225.502 is amended by— 

a. Removing from introductory 

paragraph (c), and (c)(iii)(C) ‘‘Buy 

American Act’’ and adding ‘‘Buy 

American statute’’ in its place; 

b. Removing from paragraph (c)(i)(A) 

‘‘Buy American Act’’ and ‘‘Buy 

American Act or Balance of Payments 

Program’’ and adding ‘‘Buy American 

statute’’ and ‘‘Buy American or Balance 

of Payments Program’’, respectively, in 

its place; and 

c. Removing from paragraphs (c)(i)(B), 

(c)(ii)(C), (c)(ii)(D), and (c)(iii)(A) ‘‘Buy 

American Act or Balance of Payments 

Program’’ and adding ‘‘Buy American or 

Balance of Payments Program’’ in its 

place. 

225.872–1 [Amended] 

28. Section 225.872–1 is amended by 

removing from introductory paragraphs 

(a) and (b) ‘‘Buy American Act’’ and 

adding ‘‘Buy American statute’’ in its 

place. 

225.872–4 [Amended] 

29. Section 225.872–4 is amended by 

removing from introductory paragraph 

(a) ‘‘Buy American Act’’ and adding 

‘‘Buy American statute’’ in its place. 

30. Section 225.1101 is amended by— 

a. Removing from paragraph (1)(i) in 

the first sentence ‘‘Buy American Act— 

Balance of Payments Program 

Certificate’’ and adding ‘‘Buy 

American—Balance of Payments 

Program Certificate’’ in its place and 

removing ‘‘FAR 52.225–2, Buy 

American Act Certificate’’ and adding 

‘‘FAR 52.225–2, Buy American 

Certificate’’ in its place; and in the 

second sentence removing ‘‘Buy 

American Act and Balance of Payments 

Program’’ and adding ‘‘Buy American 

and Balance of Payments Program’’ in 

its place; 

b. Removing from introductory 

paragraph (2)(i) ‘‘Buy American Act and 

Balance of Payments Program’’ and 

adding ‘‘Buy American and Balance of 

Payments Program’’ in its place and 

removing ‘‘FAR 52.225–1, Buy 

American Act—Supplies’’ and adding 

‘‘FAR 52.225–1, Buy American— 

Supplies’’ in its place; 

c. Removing from paragraph (2)(i)(C) 

‘‘Buy American Act’’ and adding ‘‘Buy 

American’’ in its place; 

d. Removing from paragraph 

(2)(i)(D)(2) ‘‘Buy American Act—Free 

Trade Agreements—Balance of 

Payments Program’’ and adding ‘‘Buy 

American—Free Trade Agreements— 

Balance of Payments Program’’ in its 

place; 

e. Removing from paragraph (3)(i) 

‘‘Buy American Act and Balance of 

Payments Program’’ and adding ‘‘Buy 

American and Balance of Payments 

Program’’ in its place; 

f. Removing from paragraph (3)(iii) 

‘‘Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program’’ and adding ‘‘Buy American— 

Free Trade Agreements—Balance of 

Payments Program’’ in its place; and 

g. Revising paragraphs (10)(i), (11)(i), 

and (11)(iii) to read as follows: 

225.1101 Acquisition of supplies. 

* * * * * 

(10)(i) Use the provision at 252.225– 

7035, Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate, instead of the 

provision at FAR 52.225–4, Buy 

American—Free Trade Agreements— 

Israeli Trade Act Certificate, in 

solicitations that include the clause at 

252.225–7036, Buy American—Free 

Trade Agreements—Balance of 

Payments Program. 

* * * * * 

(11)(i) Except as provided in 

paragraph (11)(ii) of this section, use the 

clause at 252.225–7036, Buy 

American—Free Trade Agreements— 

Balance of Payments Program, instead of 

the clause at FAR 52.225–3, Buy 

American—Free Trade Agreements— 

Israeli Trade Act, in solicitations and 

contracts for the items listed at 225.401– 

70, when the estimated value equals or 

exceeds $25,000, but is less than 

$203,000, and a Free Trade Agreement 

applies to the acquisition. 

* * * * * 

(iii) The acquisition of eligible and 

noneligible products under the same 


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contract may result in the application of 

a Free Trade Agreement to only some of 

the items acquired. In such case, 

indicate in the Schedule those items 

covered by the Buy American—Free 

Trade Agreements—Balance of 

Payments Program clause. 

225.7000 [Amended] 

31. Section 225.7000 is amended by 

removing from paragraph (b) ‘‘Buy 

American Act’’ and adding ‘‘Buy 

American’’ in its place. 

PART 233—PROTESTS, DISPUTES, 

AND APPEALS 

233.204–70 [Amended] 

32. Section 233.204–70 is amended by 

removing ‘‘the Contract Disputes Act of 

1978’’ and adding ‘‘41 U.S.C. chapter 71 

(Contract Disputes)’’ in its place. 

PART 243—CONTRACT 

MODIFICATIONS 

243.204–71 [Amended] 

33. Section 243.204–71 is amended at 

paragraph (c) by removing from the first 

sentence ‘‘the Contract Disputes Act of 

1978 (41 U.S.C. 7103)’’ and adding ‘‘41 

U.S.C. 7103, Disputes’’ in its place and 

removing from the second sentence ‘‘the 

Contract Disputes Act’’ and adding ‘‘41 

U.S.C. 7103, Disputes’’ in its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.204–7007 [Amended] 

34. Section 252.204–7007 is amended 

by— 

a. Removing the clause date ‘‘(NOV 

2011)’’ and adding ‘‘(DATE)’’ in its 

place; 

b. Removing from paragraph (d)(2)(ii) 

‘‘Buy American Act—Balance of 

Payments Program Certificate’’ and 

adding ‘‘Buy American—Balance of 

Payments Program Certificate’’ in its 

place; and 

c. Removing from paragraph (d)(2)(vi) 

‘‘Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate’’ and adding ‘‘Buy 

American—Free Trade Agreements— 

Balance of Payments Program 

Certificate’’ in its place. 

252.212–7001 [Amended] 

35. Section 252.212–7001 is amended 

by— 

a. Removing from paragraphs (b)(4), 

(b)(21), and (c)(4) the clause date ‘‘(SEP 

2011)’’ and adding ‘‘(DATE)’’ in its 

place; 

b. Removing from paragraphs (b)(6)(i), 

(b)(12)(i), and (b)(15)(i) through (iv) the 

clause date ‘‘(OCT 2011)’’ and adding 

‘‘(DATE)’’ in its place; and 

c. Removing from paragraph (b)(8) the 

clause date ‘‘(JAN 2011)’’ and adding 

‘‘(DATE)’’ in its place. 

252.212–7002 [Amended] 

36. Section 252.212–7002 is amended 

by removing the clause date ‘‘(JUN 

2011)’’ and adding ‘‘(DATE)’’ in its 

place and removing from paragraph (1) 

of the definition ‘‘Nontraditional 

defense contractor’’ ‘‘Section 26 of the 

Office of Federal Procurement Policy 

Act (41 U.S.C. section 1502)’’ and 

adding ‘‘41 U.S.C. section 1502’’ in its 

place. 

252.217–7002 [Amended] 

37. Section 252.217–7002 is amended 

by removing the clause date ‘‘(DEC 

1991)’’ and adding ‘‘(DATE)’’ in its 

place and removing from paragraph (a) 

‘‘Section 201(c) of the Federal Property 

and Administrative Services Act of 

1949, 63 Stat. 384 (40 U.S.C. 481(c))’’ 

and adding ‘‘40 U.S.C. 503’’ in its place. 

252.219–7003 [Amended] 

38. Section 252.219–7003 is amended 

by removing the clause date ‘‘(SEP 

2011)’’ and adding ‘‘(DATE)’’ in its 

place, removing from introductory 

paragraph (e) ‘‘Section 831’’ and adding 

‘‘section 831’’ in its place and adding at 

the end ‘‘to’’, and removing from 

paragraph (e)(1) ‘‘handicapped’’ and 

adding ‘‘disabled’’ in its place. 

252.225–7000 [Amended] 

39. Section 252.225–7000 is amended 

by removing ‘‘Act’’ from the section 

heading and provision title, removing 

the clause date ‘‘(DEC 2009)’’ and 

adding ‘‘(DATE)’’ in its place, and 

removing from paragraphs (b)(2) and 

introductory paragraph (c)(1) ‘‘Buy 

American Act’’ and adding ‘‘Buy 

American statute’’ in its place. 

40. Section 252.225–7001 is amended 

by— 

a. Revising the section heading, clause 

title, and clause date; 

b. Removing from paragraph (ii) of the 

definition ‘‘Commercially available offthe-shelf (COTS) item’’, ‘‘section 3 of the 

Shipping Act of 1984 (46 U.S.C. 40102)’’ 

and adding ‘‘46 U.S.C. 40102(4)’’ in its 

place; 

c. Removing from paragraph (ii)(A)(2) 

of the definition ‘‘Domestic end 

product’’ ‘‘Buy American Act’’ and 

adding ‘‘Buy American statute’’ in its 

place; 

d. Removing from paragraph (b) in the 

first sentence ‘‘the Buy American Act 

(41 U.S.C. chapter 83)’’ and adding ‘‘41 

U.S.C. chapter 83, Buy American’’ in its 

place, and in the second sentence ‘‘Buy 

American Act’’ and adding ‘‘Buy 

American statute’’ in its place; and 

e. Removing from paragraph (c) ‘‘Buy 

American Act—Balance of Payments 

Program Certificate’’ and adding ‘‘Buy 

American—Balance of Payments 

Program Certificate’’ in its place. 

The revisions read as follows: 

252.225–7001 Buy American and Balance 

of Payments Program. 

* * * * * 

BUY AMERICAN AND BALANCE OF 

PAYMENTS PROGRAM (DATE) 

* * * * * 

252.225–7009 [Amended] 

41. Section 252.225–7009 is amended 

by removing the clause date ‘‘(JAN 

2011)’’ and adding ‘‘(DATE)’’ in its 

place and removing from paragraph 

(a)(4)(ii) ‘‘section 3 of the Shipping Act 

of 1984 (46 U.S.C. App 1702)’’ and 

adding ‘‘46 U.S.C. 40102(4)’’ in its 

place. 

42. Section 252.225–7013 is amended 

by— 

a. Removing the clause date ‘‘(DEC 

2009)’’ and adding ‘‘(DATE)’’ in its 

place, removing the numbers in front of 

each definition at paragraph (a) and 

revising paragraphs (ii) and (iii) of the 

definition ‘‘Eligible product’’ and the 

definition ‘‘Qualifying country’’ and 

‘‘qualifying country end product’’ to 

read as follows: 

252.225–7013 Duty-Free Entry. 

* * * * * 

Eligible product means—* * * 

(ii) Free Trade Agreement country end 

product, other than a Bahrainian end 

product, a Moroccan end product, or a 

Peruvian end product, as defined in the 

Buy American—Free Trade 

Agreements—Balance of Payments 

Program clause of this contract; or 

(iii) Canadian end product as defined 

in Alternate I of the Buy American— 

Free Trade Agreements—Balance of 

Payments Program clause of this 

contract. 

Qualifying country and qualifying 

country end product have the meanings 

given in the Trade Agreements clause, 

the Buy American and Balance of 

Payments Program clause, or the Buy 

American—Free Trade Agreements— 

Balance of Payments Program clause of 

this contract. 

252.225–7021 [Amended] 

43. Section 252.225–7021 is amended 

by removing the clause date ‘‘(OCT 

2011)’’ and adding ‘‘(DATE)’’ in its 

place and removing from paragraph (ii) 

of the definition ‘‘Commercially 

available off-the-shelf (COTS) item’’ 

‘‘section 4 of the Shipping Act of 1984 

(46 U.S.C. 40102)’’ and adding ‘‘46 

U.S.C. 40102(4)’’ in its place. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules 78879 

44. Section 252.225–7035 is amended 

by— 

a. Revising the section heading, 

provision title, and clause date; 

b. Removing from paragraph (a) ‘‘Buy 

American Act—Free Trade 

Agreements—Balance of Payments 

Program’’ and adding ‘‘Buy American— 

Free Trade Agreements—Balance of 

Payments Program’’ in its place; 

c. Removing from paragraph (b)(2) 

‘‘Buy American Act’’ and adding ‘‘Buy 

American’’ in its place; 

d. Removing from ALTERNATE II the 

clause date ‘‘(DEC 2010)’’ and adding 

‘‘(DATE)’’ in its place and in paragraph 

(b)(2) removing ‘‘Buy American Act’’ 

and adding ‘‘Buy American’’ in its 

place; 

e. Removing from ALTERNATE III the 

clause date ‘‘(DEC 2010)’’ and adding 

‘‘(DATE)’’ in its place, removing from 

paragraph (a) ‘‘Buy American Act—Free 

Trade Agreements—Balance of 

Payments Program’’ and adding ‘‘Buy 

American—Free Trade Agreements— 

Balance of Payments Program’’ in its 

place, and removing from paragraph 

(b)(2) ‘‘Buy American Act’’ and adding 

‘‘Buy American’’ in its place. 

The revisions read as follows: 

252.225–7035 Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate. 

* * * * * 

BUY AMERICAN—FREE TRADE 

AGREEMENTS—BALANCE OF 

PAYMENTS PROGRAM CERTIFICATE 

(DATE) 

* * * * * 

45. Section 252.225–7036 is amended 

by— 

a. Revising the section heading, clause 

title, and clause date; 

b. Removing from paragraph (ii) of the 

definition ‘‘Commercially available offthe-shelf (COTS) item’’, ‘‘section 3 of the 

Shipping Act of 1984 (46 U.S.C. 40102)’’ 

and adding ‘‘46 U.S.C. 40102(4)’’ in its 

place; 

c. Removing from paragraph (ii)(A)(2) 

of the definition for ‘‘Domestic end 

product’’, ‘‘Buy American Act’’ and 

adding ‘‘Buy American statute’’ in its 

place; 

d. Removing from paragraph (c) ‘‘Buy 

American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate’’ and adding ‘‘Buy 

American—Free Trade Agreements— 

Balance of Payments Program 

Certificate’’ in its place; 

e. Removing from ALTERNATE I the 

clause date ‘‘(OCT 2011)’’ and adding 

‘‘(DATE)’’ in its place and removing 

from paragraph (c) ‘‘Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program Certificate’’ and 

adding ‘‘Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate’’ in its place; 

f. Removing from Alternate II the 

clause date ‘‘(OCT 2011)’’ and adding 

‘‘(DATE)’’ in its place and removing 

from paragraph (c) ‘‘Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program Certificate’’ and 

adding ‘‘Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate’’ in its place; and 

g. Removing from ALTERNATE III the 

clause date ‘‘(OCT 2011)’’ and adding 

‘‘(DATE)’’ in its place and removing 

from paragraph (c) ‘‘Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program Certificate’’ and 

adding ‘‘Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate’’ in its place. 

The revisions read as follows: 

252.225–7036 Buy American—Free Trade 

Agreements—Balance of Payments 

Program. 

* * * * * 

BUY AMERICAN—FREE TRADE 

AGREEMENTS—BALANCE OF 

PAYMENTS PROGRAM (DATE) 

* * * * * 

252.225–7044 [Amended] 

46. Section 252.225–7044 is amended 

by removing the clause date ‘‘(DEC 

2010)’’ and adding ‘‘(DATE)’’ in its 

place and removing from paragraph (2) 

of the definition ‘‘Commercially 

available off-the-shelf (COTS) item’’ ‘‘in 

section 3 of the Shipping Act of 1984 

(46 U.S.C. 40102’’ and adding ‘‘46 

U.S.C. 40102(4)’’ in its place. 

47. Section 252.227–7037 is amended 

by removing the clause date ‘‘(SEP 

2011)’’ and adding ‘‘(DATE)’’ in its 

place, removing from paragraph (e)(3) 

‘‘the Contract Disputes Act of 1978 (41 

U.S.C. 7101)’’ and adding ‘‘41 U.S.C. 

7101, Contract Disputes’’ in its place, 

and removing from paragraph (g)(2)(iv) 

‘‘Contract Disputes Act’’ and adding 

‘‘Contract Disputes statute’’ in its place. 

252.227–7038 [Amended] 

48. Section 252.227–7038 is amended 

by removing the clause date ‘‘(DEC 

2007)’’ and adding ‘‘(DATE)’’ in its 

place and removing from paragraph 

(l)(2)(ii) ‘‘Contract Disputes Act’’ and 

adding ‘‘Contract Disputes statute’’ in its 

place. 

252.244–7001 [Amended] 

49. Section 252.244–7001 is amended 

by removing the clause date ‘‘(MAY 

2011)’’ and adding ‘‘(DATE)’’ in its 

place and removing from paragraph 

(c)(17) ‘‘the Anti-Kickback Act’’ and 

adding ‘‘41 U.S.C. chapter 87, 

Kickbacks’’ in its place. 

APPENDIX I TO CHAPTER 2—POLICY 

AND PROCEDURES FOR THE DOD 

PILOT MENTOR–PROTEGE 

PROGRAM 

50. Section I–101.4 is revised to read 

as follows: 

I–101.4 Severely disabled individual. 

An individual who has a physical or 

mental disability which constitutes a 

substantial handicap to employment and 

which, in accordance with criteria prescribed 

by the Committee for Purchase from People 

Who Are Blind or Severely Disabled 

established by the first section of the Act of 

June 25, 1938 (41 U.S.C. 8502), is of such a 

nature that the individual is otherwise 

prevented from engaging in normal 

competitive employment. 

[FR Doc. 2011–32398 Filed 12–19–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 110511280–1727–01] 

RIN 0648–BB10 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Snapper-Grouper 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS publishes this 

proposed rule to implement a regulatory 

amendment (Regulatory Amendment 

11) to the Fishery Management Plan for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (FMP), as 

prepared by the South Atlantic Fishery 

Management Council (Council). If 

implemented, this rule would remove 

the harvest and possession prohibition 

of six deep-water snapper-grouper 

species (snowy grouper, blueline 

tilefish, yellowedge grouper, misty 

grouper, queen snapper, and silk 

snapper) from depths greater than 240 ft 

(73 m) in the South Atlantic exclusive 

economic zone (EEZ). The intent of this 

rule is to reduce the socio-economic 

impacts to fishermen harvesting deepwater snapper-grouper as well as 

maintain the biological protection to 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1