[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13075-13076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5957]
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DEPARTMENT OF DEFENSE
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.
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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. [[Page 13076]]
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:
Sec. 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 non-DoD-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
