73148 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF NEW MEXICO—Continued 

[Excluding Indian Country] 

Subpart Source category NMED 1 2 ABCAQCB1 3

UUUU ......................... Cellulose Production Manufacture ........................................................................................ X X 

VVVV .......................... Boat Manufacturing ............................................................................................................... X X 

WWWW ...................... Reinforced Plastic CompositesProduction ............................................................................ .................... X 

XXXX .......................... Tire Manufacturing ................................................................................................................ X X 

YYYY .......................... Combustion Turbines ............................................................................................................ .................... X 

AAAAA ....................... Lime Manufacturing Plants ................................................................................................... .................... X 

BBBBB ....................... Semiconductor Manufacturing .............................................................................................. .................... X 

CCCCC ...................... Coke Ovens: Pushing, Quenching and Battery Stacks ........................................................ X X 

DDDDD ...................... Industrial/Commerical/Institutional Boilers and Process Heaters ......................................... .................... ......................

EEEEE ....................... Iron Foundries ....................................................................................................................... .................... X 

FFFFF ........................ Integrated Iron and Steel ...................................................................................................... .................... X 

GGGGG ..................... Site Remediation ................................................................................................................... .................... X 

HHHHH ...................... Miscellaneous Coating Manufacturing .................................................................................. .................... X 

IIIII .............................. Mercury Cell Chlor-Alkali Plants ........................................................................................... .................... X 

JJJJJ .......................... Brick and Structural Clay Products Manufacturing ............................................................... .................... X 

KKKKK ....................... Clay Ceramics Manufacturing ............................................................................................... .................... X 

LLLLL ......................... Asphalt Roofing and Processing ........................................................................................... .................... X 

MMMMM .................... Flexible Polyurethane Foam Fabrication Operation ............................................................. .................... X 

NNNNN ...................... Hydrochloric Acid Production, Fumed Silica Production ...................................................... .................... X 

PPPPP ....................... Engine Test Facilities ............................................................................................................ .................... X 

QQQQQ ..................... Friction Products Manufacturing ........................................................................................... .................... X 

RRRRR ...................... Taconite Iron Ore Processing ............................................................................................... .................... X 

SSSSS ....................... Refractory Products Manufacture ......................................................................................... .................... X 

TTTTT ........................ Primary Magnesium Refining ................................................................................................ .................... X 

1Authorities that cannot be delegated include § 63.6(g), Approval of Alternative Non-Opacity Standards; § 63.6(h)(9), Approval of Alternative 

Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; 

and § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, all authorities identified in the certain subparts that 

EPA has designated that cannot be delegated. 2Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended in the Federal Register through September 1, 2002. 3Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by EPA, as amended 

in the Federal Register through July 1, 2004. 4This standard was originally delegated to NMED on February 9, 2004. The ABCAQCB has adopted the subpart unchanged and applied for 

delegation of the standard. The standard was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia 

Circuit on June 18, 2004, and EPA’s petition for rehearing was denied on April 15, 2005. The standard is not being delegated at this time to 

ABCAQCB. 

* * * * * 

[FR Doc. 05–23810 Filed 12–8–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 205, 226, and 252 

[DFARS Case 2003–D029] 

Defense Federal Acquisition 

Regulation Supplement; 

Socioeconomic Programs 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to 

socioeconomic considerations in DoD 

contracting. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS. 

EFFECTIVE DATE: December 9, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah Tronic, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0289; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D029. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dars/ 

dfars/transformation/index.htm. 

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes include—

• Deletion of text at 226.103 

containing internal DoD procedures for 

funding of incentive payments to 

contractors under the clause at 252.226–

7001, Utilization of Indian 

Organizations, Indian-Owned Economic 

Enterprises, and Native Hawaiian Small 

Business Concerns. This text has been 

relocated to the new DFARS companion 

resource, Procedures, Guidance, and 

Information (PGI), available at http:// 

www.acq.osd.mil/dpap/dars/pgi. 

• Relocation of text on contracting 

with historically black colleges and 

universities and minority institutions 

(HBCU/MI) from Subpart 226.70 to 

Subpart 226.3, for consistency with the 

location of FAR policy on this subject. 

The relocated text is substantially 

unchanged, but excludes information on 

HBCU/MI percentage goals and 

infrastructure assistance (226.7000 and 

226.7002) that is considered 

unnecessary for inclusion in the 

DFARS. 

• Deletion of Subpart 226.72, Base 

Closures and Realignments, as the text 

Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 73149 

in this subpart unnecessarily duplicates 

text found elsewhere in the DFARS. 

DoD published a proposed rule at 70 

FR 19038 on April 12, 2005. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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 updates and 

streamlines DFARS text, but makes no 

significant change to DoD contracting 

policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because 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. 3501, et seq. 

List of Subjects in 48 CFR Parts 205, 

226, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 205, 226, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 205, 226, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

205.207 [Amended] 

■ 2. Section 205.207 is amended in 

paragraph (d)(i) introductory text by 

removing ‘‘226.7003’’ and adding in its 

place ‘‘226.370’’. 

PART 226—OTHER SOCIOECONOMIC 

PROGRAMS 

■ 3. Section 226.103 is revised to read 

as follows: 

226.103 Procedures. 

Follow the procedures at PGI 226.103 

when submitting a request for funding 

of an Indian incentive. 

■ 4. Subpart 226.3 is added to read as 

follows: 

Subpart 226.3—Historically Black 

Colleges and Universities and Minority 

Institutions 

Sec. 

226.370 Contracting with historically black 

colleges and universities and minority 

institutions. 

226.370–1 General. 

226.370–2 Definitions. 

226.370–3 Policy. 

226.370–4 Set-aside criteria. 

226.370–5 Set-aside procedures. 

226.370–6 Eligibility for award. 

226.370–7 Protesting a representation. 

226.370–8 Goals and incentives for 

subcontracting with HBCU/MIs. 

226.370–9 Solicitation provision and 

contract clause. 

Subpart 226.3—Historically Black 

Colleges and Universities and Minority 

Institutions 

226.370 Contracting with historically black 

colleges and universities and minority 

institutions. 

226.370–1 General. 

This section implements the 

historically black college and university 

(HBCU) and minority institution (MI) 

provisions of 10 U.S.C. 2323. 

226.370–2 Definitions. 

Definitions of HBCUs and MIs are in 

the clause at 252.226–7000, Notice of 

Historically Black College or University 

and Minority Institution Set-Aside. 

226.370–3 Policy. 

DoD will use outreach efforts, 

technical assistance programs, advance 

payments, HBCU/MI set-asides, and 

evaluation preferences to meet its 

contract and subcontract goals for use of 

HBCUs and MIs. 

226.370–4 Set-aside criteria. 

Set aside acquisitions for exclusive 

HBCU and MI participation when the 

acquisition is for research, studies, or 

services of the type normally acquired 

from higher educational institutions and 

there is a reasonable expectation that—

(a) Offers will be submitted by at least 

two responsible HBCUs or MIs that can 

comply with the subcontracting 

limitations in the clause at FAR 52.219–

14, Limitations on Subcontracting; 

(b) Award will be made at not more 

than 10 percent above fair market price; 

and 

(c) Scientific or technological talent 

consistent with the demands of the 

acquisition will be offered. 

226.370–5 Set-aside procedures. 

(a) As a general rule, use competitive 

negotiation for HBCU/MI set-asides. 

(b) When using a broad agency 

announcement (FAR 35.016) for basic or 

applied research, make partial set-asides 

for HBCU/MIs as explained in 235.016. 

(c) Follow the special synopsis 

instructions in 205.207(d). Interested 

HBCU/MIs must provide evidence of 

their capability to perform the contract, 

and a positive statement of their 

eligibility, within 15 days of publication 

of the synopsis in order for the 

acquisition to proceed as an HBCU/MI 

set-aside. 

(d) Cancel the set-aside if the low 

responsible offer exceeds the fair market 

price (defined in FAR part 19) by more 

than 10 percent. 

226.370–6 Eligibility for award. 

(a) To be eligible for award as an 

HBCU or MI under the preference 

procedures of this subpart, an offeror 

must—

(1) Be an HBCU or MI, as defined in 

the clause at 252.226–7000, Notice of 

Historically Black College or University 

and Minority Institution Set-Aside, at 

the time of submission of its initial offer 

including price; and 

(2) Provide the contracting officer 

with evidence of its HBCU or MI status 

upon request. 

(b) The contracting officer shall accept 

an offeror’s HBCU or MI status under 

the provision at FAR 52.226–2, 

Historically Black College or University 

and Minority Institution Representation, 

unless—

(1) Another offeror challenges the 

status; or 

(2) The contracting officer has reason 

to question the offeror’s HBCU/MI 

status. (A list of HBCU/MIs is published 

periodically by the Department of 

Education.) 

226.370–7 Protesting a representation. 

Any offeror or other interested party 

may challenge an offeror’s HBCU or MI 

representation by filing a protest with 

the contracting officer. The protest must 

contain specific detailed evidence 

supporting the basis for the challenge. 

Such protests are handled in accordance 

with FAR 33.103 and are decided by the 

contracting officer. 

226.370–8 Goals and incentives for 

subcontracting with HBCU/MIs. 

(a) In reviewing subcontracting plans 

submitted under the clause at FAR 

52.219–9, Small Business 

Subcontracting Plan, the contracting 

officer shall—

(1) Ensure that the contractor 

included anticipated awards to HBCU/ 

MIs in the small disadvantaged business 

goal; and 

(2) Consider whether subcontracts are 

contemplated that involve research or 

studies of the type normally performed 

by higher educational institutions. 

73150 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 

(b) The contracting officer may, when 

contracting by negotiation, use in 

solicitations and contracts a clause 

similar to the clause at FAR 52.219–10, 

Incentive Subcontracting Program, 

when a subcontracting plan is required 

and inclusion of a monetary incentive 

is, in the judgment of the contracting 

officer, necessary to increase 

subcontracting opportunities for HBCU/ 

MIs. The clause should include a 

separate goal for HBCU/MIs. 

226.370–9 Solicitation provision and 

contract clause. 

(a) Use the clause at 252.226–7000, 

Notice of Historically Black College or 

University and Minority Institution SetAside, in solicitations and contracts set 

aside for HBCU/MIs. 

(b) Use the provision at FAR 52.226–

2, Historically Black College or 

University and Minority Institution 

Representation, in solicitations set aside 

for HBCU/MIs. 

Subpart 226.70—[Removed and 

Reserved] 

■ 5. Subpart 226.70 is removed and 

reserved. 

Subpart 226.72—[Removed] 

■ 6. Subpart 226.72 is removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.226–7000 [Amended] 

■ 7. Section 252.226–7000 is amended 

in the introductory text by removing 

‘‘226.7008’’ and adding in its place 

‘‘226.370–9’’. 

[FR Doc. 05–23729 Filed 12–8–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 211, 223, and 252 

[DFARS Case 2003–D039] 

Defense Federal Acquisition 

Regulation Supplement; Environment, 

Occupational Safety, and Drug-Free 

Workplace 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to the 

environment, occupational safety, and a 

drug-free workplace. This rule is a result 

of a transformation initiative undertaken 

by DoD to dramatically change the 

purpose and content of the DFARS. 

EFFECTIVE DATE: December 9, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Debra Overstreet, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0296; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D039. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dars/ 

dfars/transformation/index.htm. 

This final rule is a result of the 

DFARS Transformation Initiative. The 

DFARS changes include—

• Deletion of redundant or 

unnecessary text at 223.300, 223.302, 

223.370–3(a), 223.570–1, and 223.570–

3. 

• Deletion of text at 223.370–4 and 

223.405 containing internal DoD 

procedures relating to safety precautions 

for ammunitions and explosives and use 

of recovered materials. This text has 

been relocated to the new DFARS 

companion resource, Procedures, 

Guidance, and Information (PGI), 

available at http://www.acq.osd.mil/ 

dpap/dars/pgi. 

• Relocation of text on ozonedepleting substances, from Subpart 

211.2 to Subpart 223.8, with retention of 

a cross-reference in Subpart 211.2. 

DoD published a proposed rule at 70 

FR 19039 on April 12, 2005. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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 updates and 

streamlines DFARS text, but makes no 

significant change to DoD contracting 

policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because 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. 3501, et seq. 

List of Subjects in 48 CFR Parts 211, 

223, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 211, 223, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 211, 223, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

■ 2. Section 211.271 is revised to read 

as follows: 

211.271 Elimination of use of class I 

ozone-depleting substances. 

See subpart 223.8 for restrictions on 

contracting for ozone-depleting 

substances. 

PART 223—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 3. The heading of part 223 is revised 

to read as set forth above. 

223.300 [Removed] 

■ 4. Section 223.300 is removed. 

■ 5. Section 223.302 is revised to read 

as follows: 

223.302 Policy. 

(e) The contracting officer shall also 

provide hazard warning labels, that are 

received from apparent successful 

offerors, to the cognizant safety officer. 

■ 6. Section 223.370–3 is amended by 

revising paragraph (a) to read as follows: 

223.370–3 Policy. 

(a) DoD policy is to ensure that its 

contractors take reasonable precautions 

in handling ammunition and explosives