13604 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules 

and promote the use of new information 

that would improve the lives of 

individuals with disabilities who have 

experienced TBIs. 

Intergovernmental Review: This 

program is not subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) by 

contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue SW., 

room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD or a TTY, call 

the FRS, toll free, at 1–800–877–8339. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: February 25, 2013. 

Michael Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2013–04699 Filed 2–27–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0887; FRL–9785–4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Revisions to the Knox County Portion 

of the Tennessee State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Knox County portion of 

the Tennessee State Implementation 

Plan (SIP), submitted by the State of 

Tennessee Department of Environment 

and Conservation (TDEC) on August 19, 

2009, August 22, 2012, and October 12, 

2012. The SIP submittals include 

changes to Knox County Air Quality 

Management Regulations concerning 

Open Burning, Permits and Regulation 

of Volatile Organic Compounds. TDEC 

considers Knox County’s SIP revisions 

to be as or more stringent than the 

Tennessee SIP requirements. EPA is 

proposing to approve the Knox County 

SIP revisions because the State has 

demonstrated that they are consistent 

with the Clean Air Act. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s implementation plan revision as 

a direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

DATES: Written comments must be 

received on or before April 1, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0887, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2012– 

0887,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

A detailed rationale for the approval is 

set forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: February 12, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–04415 Filed 2–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 226 and 252 

RIN 0750–AH85 

Defense Federal Acquisition 

Regulation Supplement: 

Encouragement of Science, 

Technology, Engineering, and 

Mathematics (STEM) Programs 

(DFARS Case 2012–D027) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules 13605 

Defense Authorization Act for Fiscal 

Year 2012, which requires DoD to take 

steps to encourage contractors to 

develop science, technology, 

engineering, and mathematics (STEM) 

programs. 

DATES: Comment date: Comments on the 

proposed rule should be submitted in 

writing to the address shown below on 

or before April 29, 2013, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D027, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D027’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D027.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D027’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D027 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Dustin 

Pitsch, 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: Mr. 

Dustin Pitsch, telephone 571–372–6090. 

SUPPLEMENTARY INFORMATION:

I. Background 

DoD is proposing to revise the DFARS 

to implement section 862 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year 2012 (FY12), 

which requires DoD to encourage 

contractors to develop science, 

technology, engineering, and 

mathematics (STEM) programs. STEM 

programs are, programs or initiatives, 

either formal or informal, which 

encourage the pursuit of education and 

experience in the Science, Technology, 

Engineering, and Mathematics 

disciplines such as— 

• Enhancing undergraduate, graduate, 

and doctoral programs in science, 

technology, engineering, and 

mathematics; 

• Programming and curriculum 

development in elementary and 

secondary schools; 

• Encouraging employees to 

volunteer in Title I schools in order to 

enhance STEM education and programs; 

• Making personnel available to 

advise and assist STEM faculty at 

colleges and universities in the 

performance of STEM research and 

disciplines critical to the Department of 

Defense; 

• Establishing partnerships between 

the offeror and historically black 

colleges and universities and minority 

institutions for the purpose of training 

students in the STEM disciplines; 

• Awarding scholarships and 

fellowships for undergraduate and 

graduate programs, and establishing 

cooperative work-education programs in 

the STEM disciplines; or 

• Conducting recruitment activities at 

historically black colleges and 

universities and minority institutions or 

offer internships or apprenticeships in 

the STEM disciplines. 

II. 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. The Office of Information 

and Regulatory Affairs has determined 

that 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. 

III. 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. 

However, an initial regulatory flexibility 

analysis has been performed and is 

summarized as follows: 

This rule is required by section 862 of 

the National Defense Authorization Act 

for Fiscal Year 2012 (Pub. L. 112–81). 

The objective of this rule is to take steps 

to encourage contractors to develop 

science, technology, engineering, and 

math (STEM) programs. The legal basis 

for this rule is section 862 of the 

National Defense Authorization Act for 

Fiscal Year 2012. 

This will apply to all DoD contractors, 

both large and small. 

There are no reporting, recordkeeping 

or other compliance requirements 

associated with this rule. This rule only 

encourages contractors, to the maximum 

extent practicable, to develop science, 

technology, engineering, and 

mathematics (STEM) programs. The 

contractor is not required to develop 

STEM programs or to report on this 

activity. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD did not identify any significant 

alternatives that would satisfy the 

requirements of the statute. However, 

this rule does not impose any 

requirements on small business 

concerns. 

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 2012–D027), in 

correspondence. 

IV. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 226 and 

252 

Government procurement. 

Manuel Quinones 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 226 and 252 as follows: 

PART 226—OTHER SOCIOECONOMIC 

PROGRAMS 

■ 1. The authority citation for part 226 

is revised to read as follows: 

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

chapter 1. 

■ 2. Add subpart 226.72 to read as 

follows: 

Subpart 226.72—Encouragement of 

Science, Technology, Engineering, and 

Mathemathics (STEM) Programs 

Sec. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
13606 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules 

226.7200 Scope of subpart. 

226.7201 Definition. 

226.7202 Applicability. 

226.7203 Policy. 

226.7204 Contract clause. 

226.7200 Scope of subpart. 

This subpart implements section 862 

of the National Defense Authorization 

Act for Fiscal Year 2012 (Pub. L. 112– 

81). 

226.7201 Definition. 

‘‘Science, Technology, Engineering, 

and Mathematics (STEM) Programs,’’ as 

used in this subpart, means programs or 

incentives, either formal or informal, 

that encourage the pursuit of education 

and experience in the science, 

technology, engineering, and 

mathematics disciplines. 

226.7202 Applicability. 

This subpart applies to all 

solicitations and contracts. 

226.7203 Policy. 

DoD encourages contractors to 

undertake actions, to the maximum 

extent practicable, that— 

(a) Enhance undergraduate, graduate, 

and doctoral programs in science, 

technology, engineering, and 

mathematics (referred to as ‘‘STEM’’ 

disciplines); 

(b) Make investments, such as 

programming and curriculum 

development, in STEM programs within 

elementary and secondary schools; 

(c) Encourage employees to volunteer 

in Title I schools in order to enhance 

STEM education and programs; 

(d) Make personnel available to advise 

and assist faculty at such colleges and 

universities in the performance of STEM 

research and disciplines critical to the 

functions of DoD; 

(e) Establish partnerships between the 

contractor and historically black 

colleges and universities and minority 

institutions for the purpose of training 

students in scientific disciplines; 

(f) Award scholarships and 

fellowships, and establish cooperative 

work-education programs in scientific 

disciplines; or 

(g) Conduct recruitment activities at 

historically black colleges and 

universities and other minority-serving 

institutions or offer internships or 

apprenticeships. 

226.7204 Contract clause. 

The contracting officer shall insert the 

clause at 252.226–70XX, Encouragement 

of Science, Technology, Engineering, 

and Mathematics (STEM) Programs, in 

all solicitations and contracts. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. The authority citation for part 252 

continues to read as follows: 

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

chapter 1. 

■ 5. Section 252.226–70XX is added to 

read as follows: 

252.226–70XX Encouragement of Science, 

Technology, Engineering, and Mathematics 

(STEM) Programs. 

As prescribed in 226.7204, insert the 

following clause: 

Encouragement of Science, Technology, 

Engineering, and Mathematics (STEM) 

Programs (Date) 

(a) Definition. 

‘‘Science, Technology, Engineering, and 

Mathematics (STEM) Programs,’’ as used in 

this clause, means programs and or 

incentives, either formal or informal, that 

encourage the pursuit of education and 

experience in the science, technology, 

engineering, and mathematics disciplines. 

(b) In accordance with section 862 of the 

National Defense Authorization Act for Fiscal 

Year 2012 (Pub. L. 112–81), the Contractor is 

encouraged to undertake actions, to the 

maximum extent practicable, that— 

(1) Enhance undergraduate, graduate, and 

doctoral programs in science, technology, 

engineering, and mathematics (referred to as 

‘‘STEM’’ disciplines); 

(2) Make investments, such as 

programming and curriculum development, 

in STEM programs within elementary and 

secondary schools; 

(3) Encourage employees to volunteer in 

Title I schools in order to enhance STEM 

education and programs; 

(4) Make personnel available to advise and 

assist faculty at such colleges and 

universities in the performance of STEM 

research and disciplines critical to the 

functions of DoD; 

(5) Establish partnerships between the 

contractor and historically black colleges and 

universities and minority institutions for the 

purpose of training students in scientific 

disciplines; 

(6) Award scholarships and fellowships, 

and establish cooperative work-education 

programs in scientific disciplines; or 

(7) Conduct recruitment activities at 

historically black colleges and universities 

and other minority-serving institutions or 

offer internships or apprenticeships. 

(c) Costs. (1) The Contractor shall assume 

the responsibility for all the costs and 

investments in support of the STEM 

disciplines. 

(2) The Contractor will not be reimbursed 

for any costs incurred or associated with the 

support of the STEM disciplines. Any costs 

incurred for supporting the STEM disciplines 

are unallowable under this contract. 

(End of clause) 

[FR Doc. 2013–04352 Filed 2–27–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 231 

RIN 0750–AH76 

Defense Federal Acquisition 

Regulation Supplement; Unallowable 

Fringe Benefit Costs (DFARS Case 

2012–D038) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

explicitly state that fringe benefit costs 

incurred or estimated that are contrary 

to law, employer-employee agreement, 

or an established policy of the 

contractor are unallowable. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

29, 2013, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2012–D038, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inserting ‘‘DFARS Case 2012–D038’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D038.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D038’’ on your attached document. 

Follow the instructions for submitting 

comments. 

Email: dfars@osd.mil. Include DFARS 

Case 2012–D038 in the subject line of 

the message. 

Fax: 571–372–6094. 

Mail: Defense Acquisition Regulations 

System, Attn: Ms. Amy 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). 


srobinson on DSK4SPTVN1PROD with PROPOSALS