Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 13075

FOR FURTHER INFORMATION CONTACT:

LTC Edward C. King Jr, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 804 of the Fiscal Year 1995

Defense Authorization Act (Pub. L. 103–

337) extends the authority through

September 30, 1997, for contractors to

claim credit towards their small

business subcontracting goals for

subcontracts with qualified nonprofit

agencies for the blind and severely

disabled. DFARS Subpart 219.7 is

amended to permit contractors to

receive credit when awarding

subcontracts to such entities.

B. Regulatory Flexibility Act

The interim rule is not expected 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 only applies to large

business concerns. An initial regulatory

flexibility analysis has therefore not

been performed. Comments are invited

from small businesses and other

interested parties. Comments from small

entities concerning the affected subpart

will be considered in accordance with

Section 610 of the Act. Such comments

must be submitted separately and cite

DFARS Case 94–D312 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act

applies. Information collection

requirements imposed by this rule were

cleared under OMB control number

9000–0007 for Standard Form 295,

Summary Subcontract Report.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule as an interim rule as it is

necessary to authorize prime contractors

to receive credit toward their

subcontracting goals as permitted by

Section 804 of Pub. L. 103–337.

However, comments received in

response to this interim rule will be

considered in formulating the final rule.

List of Subjects in 48 CFR Part 219

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR part 219 is

amended as follows:

1. The authority citation for 48 CFR

part 219 continues to read as follows:

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

Chapter 1.

PART 219—SMALL BUSINESS AND

SMALL DISADVANTAGED BUSINESS

CONCERNS

2. Section 219.703 is amended by

revising paragraph (a) introductory text

to read as follows:

219.703 Eligibility requirements for

participating in the program.

(a) Qualified nonprofit agencies for

the blind and other severely disabled,

that have been approved by the

Commission for Purchase from People

Who Are blind or Severely Disabled

under the Javits-Wagner-O’Day Act (41

U.S.C. 46–48), are eligible as a result of

Section 9077 of Pub. L. 102–396, and

subsequent Appropriations Acts, and

Sections 808 of Pub. L. 102–484 and 804

of Pub. L. 103–377 through September

30, 1997, to participate in the program.

Under this authority, subcontracts

awarded to such entities may be

counted toward the prime contractor’s

small business subcontracting goal

through fiscal year 1997.

* * * * *

[FR Doc. 95–5959 Filed 3–9–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Parts 223 and 252

Defense Federal Acquisition

Regulation Supplement; Hazardous

Materials

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to add an exception to the

statutory prohibition on storage and

disposal of non-DoD-owned toxic and

hazardous materials at military

installations.

DATES: Effective Date: March 6, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before May 9, 1995, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

LTC Edward C. King Jr.,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington,

D.C. 20301–3062. Telefax number (703)

602–0350. Please cite DFARS Case 94–

D309 in all correspondence related to

this issue.

FOR FURTHER INFORMATION CONTACT:

LTC Edward C. King Jr, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 325 of the Fiscal Year 1995

Defense Authorization Act (Pub. L. 103–

337) amends 10 U.S.C. 2692 to add an

exception to the prohibition on storage

and disposal of non-DoD-owned toxic

and hazardous materials at military

installations. DFARS Subpart 223.71

and the clause at 252.223–7006 are

amended to add the exception in all

solicitations and contracts which

require, may require, or permit

contractor performance on a DoD

installation.

B. Regulatory Flexibility Act

The interim rule is not expected 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 of the limited applicability of

the rule to industrial-type facilities

located on military installations. An

initial regulatory flexibility analysis has

therefore not been performed.

Comments from small entities

concerning the affected subpart and

clause will be considered in accordance

with Section 610 of the Act. Such

comments must be submitted separately

and cite DFARS Case 94–D309 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any information collection

requirements which require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule as an interim rule without prior

opportunity for public comments

because it is necessary to add the

exception authorized by Section 325 of

Pub. L. 103–337. However, comments

received in response to this interim rule

will be considered in formulating the

final rule.
13076 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

List of Subjects in 48 CFR Part 223 and

252

Government Procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 223 and 252

are amended as follows:

1. The authority citation for 48 CFR

Parts 223 and 252 continues to read as

follows:

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

Chapter 1.

PART 223—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

2. Section 223.7102 is amended by

adding paragraph (a)(9) to read as

follows:

§ 223.7102 Exceptions.

(a) * * *

(9) The treatment and disposal of any

non-DoD-owned material if the

Secretary of the military department

concerned—

(i) Determines that the material is

required or generated by a private

person in connection with the

authorized and compatible commercial

use by that person of an industrial-type

facility of that military department; and

(ii) Enters a contract with that person

that—

(A) Is consistent with the best interest

of national defense and environmental

security; and

(B) Provides for that person’s

continued financial and environmental

responsibility and liability with regard

to the material.

* * * * *

3. Section 223.7103 is revised to read

as follows:

223.7103 Contract clause.

(a) Use the clause at 252.223–7006,

Prohibition on Storage and Disposal of

Toxic and Hazardous Materials, in all

solicitations and contracts which

require, may require, or permit

contractor performance on a DoD

installation.

(b) Use the clause at 252.223–7006

with its Alternate I, when the Secretary

of the military department issues a

determination under the exception at

223.7102(a)(9).

3. Section 252.223–7006 is amended

by revising the introductory text and by

adding an Alternate I to read as follows:

252.223–7006 Prohibition on storage and

disposal of toxic and hazardous materials.

As prescribed in 223.7103(a), use the

following clause:

* * * * *

Alternate I (Mar 1995)

As prescribed in 223.7103(b), add the

following paragraphs (c) and (d) to the basic

clause:

(c) With respect to treatment or disposal

authorized pursuant to 10 U.S.C. 2692(b)(9),

and notwithstanding any other provision of

the contract, the Contractor assumes all

financial and environmental responsibility

and liability resulting from any treatment or

disposal of non-DoD-owned toxic or

hazardous material on a military installation.

The Contractor shall indemnify, defend, and

hold the Government harmless for all costs,

liability, or penalties resulting from the

Contractor’s treatment or disposal of nonDoD-owned toxic or hazardous materials on

a military installation.

(d) The Contractor shall include this

clause, including this subparagraph (d) in

each subcontract.

[FR Doc. 95–5957 Filed 3–9–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Part 235

Defense Federal Acquisition

Regulation Supplement; Federally

Funded Research and Development

Centers

AGENCIES: Department of Defense (DoD)

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to allow DoD-sponsored

FFRDCs that function primarily as

research laboratories to respond to

solicitations and announcements for

programs which promote research,

development, demonstration, or transfer

of technology.

DATES: Effective date: March 3, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing at the address shown below on

or before May 9, 1995, to be considered

in the formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulation Council, ATTN:

Mr. R.G. Layser, PDUSD(A&T)DP/DAR,

IMD 3D139, 3062 Defense Pentagon,

Washington, D.C. 20301–3062. Telefax

Number (703) 602–0350. Please cite

DFARS Case 94–D306 in all

correspondence.

FOR FURTHER INFORMATION CONTACT:

Mr. Rick Layser (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 217 of the National Defense

Authorization Act for Fiscal Year 1995

(Public Law 103–337) allows DoDsponsored FFRDCs that function

primarily as research laboratories to

respond to solicitations and

announcements for programs which

promote research, development,

demonstration, or transfer of

technology. This interim DFARS rule

implements this allowance.

B. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule without prior opportunity for

public comment because Section 217 of

the National Defense Authorization Act

for Fiscal Year 1995 (Public Law 103–

337) became effective upon enactment

of the Act, October 5, 1994. This interim

rule is necessary to ensure that DoD

contracting activities become aware of

the statutory allowance of DoDsponsored FFRDCs that function

primarily as research laboratories to

respond to solicitations and

announcements for programs which

promote research, development,

demonstration, or transfer of

technology. However, comments

received in response to the publication

of this rule will be considered in

formulating the final rule.

C. Regulatory Flexibility Act

The proposed changes to DFARS Part

217, are not expected 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 allows a very limited

number of FFRDCs to respond to

solicitations and announcements for

programs which promote research,

development, demonstration, or transfer

of technology. The rule is expected to

benefit small entities involved in

technology research, development,

demonstration or transfer who can

establish teaming arrangements with

FFRDCs. An Initial Regulatory

Flexibility Analysis (IRFA) has been

prepared and may be obtained from the

address stated herein. A copy of the

IRFA has been submitted to the Chief

Counsel for Advocacy of the Small

Business Administration.

D. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) does not apply because this