Rules and Regulations. Notice of proposed rulemaking (NPRM)

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BILLING CODE 4310-55-P 71 137 Tuesday, July 18, 2006 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 33 [Docket No. FAA-2006-25376; Notice No. 06-10] RIN 2120-AI74 Airworthiness Standards: Safety Analysis AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA is proposing to amend the safety analysis type certification standard for turbine aircraft engines. This proposal harmonizes the FAA's type certification standard for safety analysis with the corresponding standards of the Joint Aviation Authorities

(JAA)and the European Aviation Safety Agency (EASA). The proposed rule would establish a nearly uniform safety analysis standard for turbine aircraft engines certified in the United States under Part 33 of Title 14 of the Code of Federal Regulations (14 CFR part 33) and in European countries under Joint Aviation Requirements-Engines (JAR-E) and Certification Specifications-Engines (CS-E), thereby simplifying airworthiness approvals for import and export. DATES: Send your comments on or before October 16, 2006. ADDRESSES: You may send comments, identified by Docket No. FAA-2006-25376, using any of the following methods: • *DOT Docket Web site:* Got to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:* 1-202-493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. For more information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. *Privacy:* We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information that you provide. For more information, see the Privacy Act discussion in the SUPPLEMENTARY INFORMATION section of this document. *Docket:* To read background documents or comments received, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ann Azevedo, Chief Scientist & Technical Advisor, Safety Analysis, ANE-104, Engine and Propeller Directorate, Aircraft Certification Service, FAA, New England Region, 12 New England Executive Park, Burlington, Massachusetts 01803-5299; telephone:

(781)238-7117; facsimile:

(781)238-7199; e-mail: *ann.azevedo@faa.gov* . SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. The docket is available for public inspection before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also review the docket using the Internet at the Web address in the ADDRESSES section. *Privacy Act:* Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment on behalf of an association, business, labor union, *etc.* ). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov* . Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive. If you want the FAA to acknowledge receipt of your comments on this proposal, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it to you. Availability of Rulemaking Documents You can get an electronic copy using the Internet by:

(1)Searching the Department of Transportation's electronic Docket Management System

(DMS)Web page ( *http://dms.dot.gov/search* );

(2)Visiting the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/* ; or

(3)Accessing the Government Printing Office's Web page at *http://www.access.gpo.gov/su_docs/aces/aces140.html* . You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the docket number, notice number, or amendment number of this rulemaking. Background We are proposing to amend the safety analysis type certification standard for turbine aircraft engines. This proposal harmonizes the FAA's type certification standard on this issue with corresponding standards of the JAA and EASA. The proposed changes, if adopted, would establish a nearly uniform safety analysis standard for turbine aircraft engines certified in the United States under part 33 and in European countries under JAR-E and CS-E, thereby simplifying airworthiness approvals for import and export. Aviation Rulemaking Advisory Committee

(ARAC)The FAA is committed to the harmonization of part 33 with JAR-E and CS-E. In August 1989, as a result of that commitment, the FAA Engine and Propeller Directorate participated in a meeting with the JAA, the Aerospace Industries Association (AIA), and the European Association of Aerospace Industries (AECMA). The purpose of the meeting was to establish a philosophy, guidelines, and a working relationship regarding the resolution of issues identified as needing harmonization, including the identification of the need for new standards. The safety and failure analysis standards were identified as a Significant Regulatory Difference in need of harmonization. All parties agreed to work in a partnership to jointly address the harmonization effort. This partnership was later expanded to include Transport Canada, the airworthiness authority of Canada. The FAA established the ARAC to provide advice and recommendations to the FAA on the full range of its rulemaking activities with respect to aviation-related issues. This includes obtaining advice and recommendations on the FAA's commitment to harmonize its Federal Aviation Regulations and practices with its trading partners in Europe and Canada. In a notice published on October 20, 1998 (63 FR 56059), the FAA asked ARAC, Transport Airplane and Engine Issues Group (TAEIG), to provide advice and recommendations on safety and failure analysis standards. This proposed rule and associated advisory material is based on recommendations resulting from that task. The Safety Analysis Standard The ultimate objective of the safety analysis standard is to ensure that the collective risk from all engine failure conditions is acceptably low. An acceptable total engine design risk is achieved by managing the individual risks to acceptable levels. This concept emphasizes reducing the risk of an event proportionally with the severity of the hazard it represents. Aircraft-level requirements for individual failure conditions may be more severe than the engine-level requirements. Early coordination between the engine manufacturer, the aircraft manufacturer, and the appropriate FAA certification offices, will provide assurance that the engine will be eligible for installation in the aircraft. Early coordination will also ensure that the engine applicant is aware of any additional and possibly more restrictive aircraft standards that will apply to the engine in the installed condition. Differences Between Part 33 and JAR-E Earlier Requirements The following comparisons show differences between part 33 and the JAR-E as they existed before the requirements were harmonized. JAA subsequently revised the JAR-E on May 1, 2003, as a result of harmonization discussions with the FAA. EASA incorporated the harmonized rule into its certification standards as CS-E 510. JAR-E 510 failure analysis Existing section 33.75 safety analysis Required a summary listing of all failures that result in major or hazardous effects, along with an estimate of the probability of occurrence of these major and hazardous effects Requires an assessment that any probable malfunction, failure, or improper operation will not lead to four specific hazards of undefined severity. Required a list of assumptions contained within the failure analysis and the substantiation of those assumptions [Most of the assumptions are covered by other paragraphs in part 33]. Referenced the specific hazard of toxic bleed air. [This hazard is not mentioned in § 33.75]. Required analysis to examine malfunctions and single and multiple failures Requires analysis to examine malfunctions and single and multiple failures and examination of improper operation. Outcome of Harmonization Effort This proposed harmonized standard uses the framework of the current JAR-E 510/CS-E 510, while including specific hazards as in the current § 33.75. Section-by-Section Discussion of the Proposals Under § 33.5, we propose a new paragraph

(c)to reflect the new requirement for the safety analysis assumptions to be included in the engine's installation and operation manual. We propose to revise § 33.74 to reflect the new organization of the revised § 33.75, including the addition of new specific conditions to be evaluated. We propose to rewrite § 33.75 using the format of the current JAA/EASA equivalent rule to reflect the harmonization effort. We propose to revise § 33.76 to reference the specific engine conditions listed as hazardous effects within the proposed § 33.75. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce, including minimum safety standards for aircraft engines. This proposed rule is within the scope of that authority because it updates the existing regulations for safety analysis type certification standard for turbine aircraft engines. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. We determined that there are no new information collection requirements associated with this proposed rule. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to comply with International Civil Aviation Organization

(ICAO)Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the ICAO Standards and Recommended Practices and identified no differences with these proposed regulations. Initial Economic Evaluation, Initial Regulatory Flexibility Determination, Trade Impact Assessment, and Unfunded Mandates Assessment Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule. We suggest readers seeking greater detail read the full regulatory evaluation, a copy of which we have placed in the docket for this rulemaking. In conducting these analyses, FAA has determined that this proposed rule:

(1)Has benefits that justify its costs,

(2)is not an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866,

(3)is not “significant” as defined in DOT's Regulatory Policies and Procedures;

(4)would not have a significant economic impact on a substantial number of small entities;

(5)would not create unnecessary obstacles to the foreign commerce of the United States; and

(6)would not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below. Total Benefits and Costs of This Rulemaking The FAA estimates that over the next ten years, the total quantitative benefits from implementing this proposed rule are roughly $0.5 million ($0.4 million present value). In contrast to these potential benefits, the estimated cost of compliance is approximately $0.3 million ($0.2 million discounted). Accordingly, the proposed rule is cost-beneficial due to the overall reduction in compliance cost while maintaining the same level of safety. Who Is Potentially Affected by This Rulemaking Part 33 Engine Manufacturers. Assumptions and Sources of Information Period of analysis—2006 through 2016. Discount rate—7%. Compensation Rates, Economic Values for FAA Investment and Regulatory Decisions, A Guide, May 2005. Benefits of This Rule We evaluate benefits from adopting European certification requirements (often referred to as harmonization) and express them as cost savings. The cost savings are the result of the number of hours saved simplifying the certification process while maintaining the same level of safety. The total benefits of this proposal are $0.5 million ($0.4 million present value). The benefits are for new type certificates $59,360 ($43,102 present value), and benefits for amended type certificates of $426,362 ($309,585 present value). Costs of This Rule One part 33 turbine engine manufacturer informed the FAA that it would incur certification costs because of this proposed rule. This proposed rule would require an additional 1,000 engineering hours for certification of one new engine every two years. The estimated total bi-annual cost of $54,210 equals 1,000 hours multiplied by the hourly compensation rate of $54.21. 1 The total cost over a ten-year period is $271,050 ($196,812 present value). 1 Economic Values for FAA Investment and Regulatory Decisions, A Guide, December 2004. Table 7-1 lists the total compensation for Aircraft Manufacturing (white collar occupation) as $49.04. To express 2003 dollars in 2006 dollars we use the estimated average GDP annual percent change of 3.4%. Industry representatives for remaining firms informed the FAA that their firms currently meet both the FAA and the European requirements. Because these firms currently meet both sets of requirements, no extra tests would be required because of the proposed rule. Initial Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. In our small entity classification, the FAA uses the size standards from the Small Business Administration. Only one manufacturer would incur costs because of this proposed rule. Because this manufacturer employs more than 1,500 employees, it is not considered a small entity. The remaining part 33 engine manufacturers would not incur costs associated with this proposed rule. These manufacturers would in fact realize a prorated portion of the cost saving resulting from a single harmonized certification procedure. Consequently, the FAA certifies the rule will not have a significant economic impact on a substantial number of small entities. The FAA solicits comments regarding this determination. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. This proposed rule considers and incorporates an international standard as the basis of a FAA regulation. Thus the proposed rule complies with the Trade Agreements Act of 1979 and does not create unnecessary obstacles to international trade. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation with the base year 1995) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $128.1 million in lieu of $100 million. This proposed rule does not contain such a mandate. The requirements of Title II do not apply. Executive Order 13132, Federalism The FAA analyzed this proposed rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government, and therefore, would not have federalism implications. Environmental Analysis FAA Order 1050.1E defines FAA actions that may be categorically excluded from preparation of a National Environmental Policy Act environmental impact statement in the absence of extraordinary circumstances. We determined that this proposed rule qualifies for the categorical exclusion identified in Chapter 3, paragraph 312d, and involves no extraordinary circumstances. Regulations that Significantly Affect Energy Supply, Distribution, or Use We analyzed this NPRM under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). We determined that it is not a “significant energy action” under the executive order because it is not a “significant regulatory action” under Executive Order 12866, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. List of Subjects in 14 CFR Part 33 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend part 33 of Title 14 Code of Federal Regulations (14 CFR part 33) as follows: PART 33—AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES 1. The authority citation for part 33 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704. 2. In § 33.5, add paragraph

(c)to read as follows: § 33.5 Instruction manual for installing and operating the engine.

(c)*Safety analysis assumptions.* The assumptions of the safety analysis as described in § 33.75(d) with respect to the reliability of safety devices, instrumentation, early warning devices, maintenance checks, and similar equipment or procedures that are outside the control of the engine manufacturer. 3. Revise § 33.74 to read as follows: § 33.74 Continued rotation. If any of the engine main rotating systems continue to rotate after the engine is shutdown for any reason while in flight, and if means to prevent that continued rotation are not provided, then any continued rotation during the maximum period of flight, and in the flight conditions expected to occur with that engine inoperative, must not result in any condition described in § 33.75(g)(2)(i) through

(vi)of this part. 4. Revise § 33.75 to read as follows: § 33.75 Safety analysis. (a)(1) The applicant must analyze the engine, including the control system, to assess the likely consequences of all failures that can reasonably be expected to occur. This analysis will take into account, if applicable:

(i)Aircraft-level devices and procedures assumed to be associated with a typical installation. Such assumptions must be stated in the analysis.

(ii)Consequential secondary failures and latent failures.

(iii)Multiple failures referred to in paragraph

(d)of this section or that result in the hazardous engine effects defined in paragraph (g)(2) of this section.

(2)The applicant must summarize those failures that could result in major engine effects or hazardous engine effects, as defined in paragraph

(g)of this section, and estimate the probability of occurrence of those effects.

(3)The applicant must show that hazardous engine effects are predicted to occur at a rate not in excess of that defined as extremely remote (probability range of 10 −7 to 10 −9 per engine flight hour). Since the estimated probability for individual failures may be insufficiently precise to enable the applicant to assess the total rate for hazardous engine effects, compliance may be shown by demonstrating that the probability of a hazardous engine effect arising from an individual failure can be predicted to be not greater than 10 −8 per engine flight hour. In dealing with probabilities of this low order of magnitude, absolute proof is not possible, and compliance may be shown by reliance on engineering judgment and previous experience combined with sound design and test philosophies.

(4)The applicant must show that major engine effects are predicted to occur at a rate not in excess of that defined as remote (probability range of 10 −5 to 10 −7 per engine flight hour).

(b)If significant doubt exists, the FAA may require that any assumption as to the effects of failures and likely combination of failures be verified by test.

(c)The primary failure of certain single elements cannot be sensibly estimated in numerical terms. If the failure of such elements is likely to result in hazardous engine effects, then compliance may be shown by reliance on the prescribed integrity requirements of this part. These instances must be stated in the safety analysis.

(d)If reliance is placed on a safety system to prevent a failure from progressing to hazardous engine effects, the possibility of a safety system failure in combination with a basic engine failure must be included in the analysis. Such a safety system may include safety devices, instrumentation, early warning devices, maintenance checks, and other similar equipment or procedures. If items of a safety system are outside the control of the engine manufacturer, the assumptions of the safety analysis with respect to the reliability of these parts must be clearly stated in the analysis and identified in the installation instructions under § 33.5 of this part.

(e)If the safety analysis depends on one or more of the following items, those items must be identified in the analysis and appropriately substantiated.

(1)Maintenance actions being carried out at stated intervals. This includes the verification of the serviceability of items that could fail in a latent manner. When necessary to prevent hazardous engine effects, these maintenance actions and intervals must be published in the instructions for continued airworthiness required under § 33.4 of this part. Additionally, if errors in maintenance of the engine, including the control system, could lead to hazardous engine effects, the appropriate procedures must be included in the relevant engine manuals.

(2)Verification of the satisfactory functioning of safety or other devices at pre-flight or other stated periods. The details of this satisfactory functioning must be published in the appropriate manual.

(3)The provisions of specific instrumentation not otherwise required.

(f)If applicable, the safety analysis must also include, but not be limited to, investigation of the following:

(1)Indicating equipment;

(2)Manual and automatic controls;

(3)Compressor bleed systems;

(4)Refrigerant injection systems;

(5)Gas temperature control systems;

(6)Engine speed, power, or thrust governors and fuel control systems;

(7)Engine overspeed, overtemperature, or topping limiters;

(8)Propeller control systems; and

(9)Engine or propeller thrust reversal systems.

(g)Unless otherwise approved by the FAA and stated in the safety analysis, for compliance with part 33, the following failure definitions apply to the engine:

(1)An engine failure in which the only consequence is partial or complete loss of thrust or power (and associated engine services) from the engine will be regarded as a minor engine effect.

(2)The following effects will be regarded as hazardous engine effects:

(i)Non-containment of high-energy debris;

(ii)Concentration of toxic products in the engine bleed air intended for the cabin sufficient to incapacitate crew or passengers;

(iii)Significant thrust in the opposite direction to that commanded by the pilot;

(iv)Uncontrolled fire;

(v)Failure of the engine mount system leading to inadvertent engine separation;

(vi)Release of the propeller by the engine, if applicable; and

(vii)Complete inability to shut the engine down.

(3)An effect whose severity falls between those effects covered in paragraphs (g)(1) and (g)(2) of this section will be regarded as a major engine effect. 5. Amend § 33.76 to revise paragraph (b)(3) to read as follows: § 33.76 Bird ingestion.

(b)* * *

(3)Ingestion of a single large bird tested under the conditions prescribed in this section must not result in any condition described in § 33.75(g)(2) of this part. Issued in Washington, DC, on July 13, 2006. John J. Hickey, Director, Aircraft Certification Service. [FR Doc. E6-11372 Filed 7-17-06; 8:45 am] BILLING CODE 4910-13-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2002-0051; FRL-8198-9] RIN 2060-AJ78 National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; reopening of public comment period. SUMMARY: EPA is reopening the comment period for certain portions of the proposed amendments to National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry, published on December 2, 2005. The comment period is being reopened until August 1, 2006. The portions of the proposed amendments for which we are reopening the comment period are the proposed emission standards for mercury, hydrogen chloride, and total hydrocarbons. DATES: Comments must be received on or before August 1, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2002-0051, by one of the following methods: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *E-mail:* *a-and-r-docket@epa.gov* , Attention Docket ID No. EPA-HQ-OAR-2002-0051. • *Fax:*

(202)566-1741, Attention Docket ID No. EPA-HQ-OAR-2002-0051. • *Mail:* U.S. Postal Service, send comments to: EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2002-0051, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies. • *Hand Delivery:* In person or by courier, deliver comments to: EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2002-0051, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. *Instructions.* Direct your comments to Docket ID No. EPA-HQ-OAR-2002-0051. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be confidential business information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. Send or deliver information identified as CBI to only the following address: Mr. Roberto Morales, OAQPS Document Control Officer, EPA (C404-02), Attention Docket ID No. EPA-HQ-OAR-2002-0051, Research Triangle Park, NC 27711. Clearly mark the part or all of the information that you claim to be CBI. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* . All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2002-0051, EPA West Building, Room B-102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the EPA Docket Center is

(202)566-1742. A reasonable fee may be charged for copying docket materials. FOR FURTHER INFORMATION CONTACT: Mr. Keith Barnett, EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Metals and Minerals Group (D243-02), Research Triangle Park, NC 27711; telephone number

(919)541-5605; facsimile number

(919)541-3207; e-mail address *barnett.keith@epa.gov* . SUPPLEMENTARY INFORMATION: *Regulated Entities.* Entities potentially affected by the proposed amendments to the national emission standards for hazardous air pollutants for the manufacturing of portland cement are those that manufacture portland cement. Regulated categories and entities include: Table 1.—Regulated Entities Table Category NAICS 1 Examples of regulated entities Industry 32731 Owners or operators of portland cement manufacturing plants. State 32731 Owners or operators of portland cement manufacturing plants. Tribal Associations 32731 Owners or operators of portland cement manufacturing plants. Federal Agencies None None. 1 North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that may potentially be regulated by this action. To determine whether your facility is regulated by this action, you should carefully examine the applicability criteria in 40 CFR 63.1340 of the rule. If you have questions regarding the applicability of the proposed amendments to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. *Submitting CBI.* Do not submit this information through *http://www.regulations.gov* or e-mail. Send or deliver information identified as CBI only to the address listed in the ADDRESSES section of this document. Clearly mark the part or all the information you claim to be CBI. For CBI information submitted on a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI 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. *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. *Worldwide Web (WWW).* In addition to being available in the docket, an electronic copy of today's proposal will also be available through the WWW. Following the Administrator's signature, a copy of this action will be posted on EPA's Technology Transfer Network

(TTN)policy and guidance page for newly proposed or promulgated rules at *http://www.epa.gov/ttn/oarpg/* . The TTN at EPA's Web site provides information and technology exchange in various areas of air pollution control. Reopening of Comment Period On December 2, 2005, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry. (70 FR 72330). Among other things, we there proposed to amend the emission standards for mercury, hydrogen chloride, and total hydrocarbons. In response to a request to reopen the comment period to address these proposed standards, EPA is reopening the comment period for a period of two weeks. This solicitation is limited to the standards for mercury, hydrogen chloride, and total hydrocarbons. How can I get copies of the proposed amendments and other related information? EPA has established the official public docket for the proposed rulemaking under docket ID No. EPA-HQ-OAR-2002-0051. Information on how to access the docket is presented above in the ADDRESSES section. In addition, information may be obtained from the Web page for the proposed rulemaking at: *http://www.epa.gov/ttn/atw/pcem/pcempg.html* . Dated: July 5, 2006. William L. Wehrum, Acting Assistant Administrator for Air and Radiation. [FR Doc. E6-11334 Filed 7-17-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 7, 12, 25, 52 [FAR Case 2005-011; Docket 2006-0020; Sequence 3] RIN: 9000-AK42 Federal Acquisition Regulation; FAR Case 2005-011, Contractor Personnel in a Theater of Operations or at a Diplomatic or Consular Mission AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation

(FAR)to address the issues of contractor personnel that are providing support to the mission of the United States Government in the theater of operations or at a diplomatic or consular mission outside the United States, but are not covered by the DoD clause for contractor personnel authorized to accompany the U.S. Armed Forces. DATES: Interested parties should submit written comments to the FAR Secretariat on or before September 18, 2006 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2005-011 by any of the following methods: • Federal eRulemaking Portal: *http://acquisition.gov.* Follow the instructions for submitting comments. • Agency Web site: *http:// acquisition.gov/far/ProposedRules/proposed.htm.* Click on the FAR case number to submit comments. • E-mail: * farcase.2005-011@gsa.gov.* Include FAR case 2005-011 in the subject line of the message. • Fax: 202-501-4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. *Instructions:* Please submit comments only and cite FAR case 2005-011 in all correspondence related to this case. All comments received will be posted without change to *http://acquisition.gov/far/ProposedRules/proposed.htm,* including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Linda Nelson, Procurement Analyst, at

(202)501-1900. The TTY Federal Relay Number for further information is 1-800-877-8973. Please cite FAR case 2005-011. For information pertaining to status or publication schedules, contact the FAR Secretariat at

(202)501-4755. SUPPLEMENTARY INFORMATION: A. Background This rule proposes to create a new FAR Subpart 25.3 to address issues relating to contractors outside the United States, including new section 25.302, Contractor personnel in a theater of operations or at a diplomatic or consular mission outside the United States. The rule also proposes a new clause entitled “Contractor Personnel in a Theater of Operations or at a Diplomatic or Consular Mission Outside the United States.” The clause applies when contractor personnel are employed outside the United States— • In a theater of operations during— • Contingency operations; • Humanitarian or peacekeeping operations; • Other military operations; or • Military exercises designated by the combatant commander; or • At a diplomatic or consular mission, when specified by the chief of mission. This new clause clarifies that contractor personnel are civilians. Contractor personnel, except private security contractor personnel, are not authorized to use deadly force against enemy armed forces other than in self defense. Private security contractor personnel are only authorized to use deadly force when necessary to execute their security mission to protect assets/persons, consistent with the mission statement contained in their contract. It is the responsibility of the Combatant Commander to ensure that private security contract mission statements do not authorize the performance of any inherently Governmental military functions, such as preemptive attacks, or any other types of attacks. The clause also addresses such issues as responsibility for logistical and security support, compliance with laws and regulations, preliminary personnel requirements, processing and departure points, personnel data lists, removal of contractor personnel, authorization of weapons and ammunition, vehicle or equipment licenses, wearing of military clothing and protective equipment, evacuation, personnel recovery, notification and return of personal effects, mortuary affairs, changes in place of performance or Government-furnished facilities, equipment, material, services, or site, and flowdown of the clause to subcontracts. In preparation of this proposed rule, the Councils reviewed the proposed rule published by the Department of State in the **Federal Register** on December 22, 2004 (69 FR 76660). The Councils also considered the final rule issued by the Department of Defense on May 5, 2005 (70 FR 23790) (DFARS Case 2003-D087, Contractor Personnel Supporting a Force Deployed Outside the United States). This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Councils do not expect this proposed 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 this rule does not impose economic burdens on contractors. The purpose and effect of this rule is to relieve the current perceived burden on contractors operating in a contingency environment without consistent guidance or a standardized clause. By establishing a standardized clause spelling out the standardized rules, this rule effectively reduces the burden on small business. It establishes a framework within which it will be easier for contractors to operate overseas. In addition, the availability of Government departure centers in the United States will make it easier for small businesses to meet all pre-departure requirements. An Initial Regulatory Flexibility Analysis

(IRFA)has therefore not been prepared. The Councils will also consider comments from small entities concerning the affected FAR parts 2, 7, 12, 25, and 52 in accordance with 5 U.S.C. 610. Interested parties should submit such comments separately and should cite 5 U.S.C. 601, *et seq.* (FAR Case 2005-011), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose 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 2, 7, 12, 25, and 52 Government procurement. Dated: July 10, 2006. Linda K. Nelson Acting Director, Contract Policy Division. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 7, 12, 25, and 52 as set forth below: 1. The authority citation for 48 CFR parts 2, 7, 12, 25, and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 2—DEFINITIONS OF WORDS AND TERMS 2. Amend section 2.101(b)(2)by adding, in alphabetical order, the definitions “At a diplomatic or consular mission” and “Theater of operations” to read as follows: 2.101 Definitions.

(b)* * *

(2)* * * *At a diplomatic or consular mission* means any location outside the United States where a contractor performs a contract administered by Federal agency personnel subject to the direction of a Chief of Mission pursuant to Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927). *Theater of operations* means an area defined by the combatant commander for the conduct or support of specific operations. PART 7—ACQUISITION PLANNING 3. Amend section 7.105 by revising paragraphs (b)(13)(i) and (b)(19) to read as follows: 7.105 Contents of written acquisition plans.

(b)* * *

(13)*Logistics consideration.* Describe—

(i)The assumptions determining contractor or agency support, both initially and over the life of the acquisition, including consideration of contractor or agency maintenance and servicing (see Subpart 7.3), support for contracts to be performed in a theater of operations or at a diplomatic or consular mission (see 25.302-3); and distribution of commercial items;

(19)*Other considerations.* Discuss, as applicable, standardization concepts, the industrial readiness program, the Defense Production Act, the Occupational Safety and Health Act, foreign sales implications, special requirements for contracts to be performed in a theater of operations or at a diplomatic or consular mission, and any other matters germane to the plan not covered elsewhere. PART 12—ACQUISITION OF COMMERCIAL ITEMS 4. Revise section 12.301 by adding paragraph (b)(5) to read as follows: 12.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (b)(5) Insert the clause at 52.225-XX, Contractor Personnel in a Theater of Operations or at a Diplomatic or Consular Mission outside the United States, as prescribed in 25.302-5. PART 25—FOREIGN ACQUISITION 5. Revise section 25.000 to read as follows: 25.000 Scope of part.

(a)This part provides policies and procedures for—

(1)Acquiring foreign supplies, services, and construction materials; and

(2)Performance of contractor personnel outside the United States.

(b)It implements the Buy American Act, trade agreements, and other laws and regulations. 6. Add Subpart 25.3 to read as follow: Subpart 25.3—Contractors Outside the United States *Sec* 25.301 [Reserved] 25.302 Contractor personnel in a theater of operations or at a diplomatic or consular mission outside the United States. 25.302-1 Scope. 25.302-2 Definitions. 25.302-3 Government support. 25.302-4 Weapons. 25.302-5 Contract clauses. Subpart 25.3—Contractors Outside the United States 25.301 [Reserved] 25.302 Contractor personnel in a theater of operations or at a diplomatic or consular mission outside the United States. 25.302-1 Scope. This section applies to contracts requiring contractor personnel to perform outside the United States—

(a)In a theater of operations during—

(1)Contingency operations;

(2)Humanitarian or peacekeeping operations;

(3)Other military operations; or

(4)Military exercises designated by the combatant commander; or

(b)At a diplomatic or consular mission, when designated by the chief of mission. 25.302-2 Definitions. *Chief of mission* means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office. *Combatant Commander* means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. *Other military operations* means a range of military force responses that can be projected to accomplish assigned tasks. Such operations may include one or a combination of the following: civic action, humanitarian assistance, civil affairs, and other military activities to develop positive relationships with other countries; confidence building and other measures to reduce military tensions; military presence; activities to convey messages to adversaries; military deceptions and psychological operations; quarantines, blockades, and harassment operations; raids; intervention operations; armed conflict involving air, land, maritime, and strategic warfare operations; support for law enforcement authorities to counter international criminal activities (terrorism, narcotics trafficking, slavery, and piracy); support for law enforcement authorities to suppress domestic rebellion; and support for insurgency, counterinsurgency, and civil war in foreign countries. 25.302-3 Government support.

(a)Generally, contractors are responsible for providing their own logistical and security support, including logistical and security support for their employees. The agency shall provide logistical or security support only when the appropriate agency official, in accordance with agency guidance, determines that Government provision of such support is needed to ensure continuation of essential contractor services and adequate support cannot be obtained by the contractor from other sources.

(b)The contracting officer shall specify in the contract the exact support to be provided, and whether this support is provided on a reimbursable basis, citing the authority for the reimbursement. 25.302-4 Weapons. The contracting officer shall follow agency procedures and the weapons policy established by the combatant commander or the chief of mission when authorizing contractor personnel to carry weapons (see paragraph

(i)of the clause at 52.225-XX, Contractor Personnel in a Theater of Operations or at a Diplomatic or Consular Mission outside the United States). 25.302-5 Contract clauses. Insert the clause at 52.225-XX, Contractor Personnel in a Theater of Operations or at a Diplomatic or Consular Mission outside the United States, in solicitations and contracts when contract performance requires that contractor personnel be available to perform outside the United States—

(a)In a theater of operations during—

(1)Contingency operations;

(2)Humanitarian or peacekeeping operations;

(3)Other military operations; or

(4)Military exercises designated by the combatant commander; or

(b)At a diplomatic or consular mission, when specified by the chief of mission. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 7. Add section 52.225-XX to read as follows: 52.225-XX Contractor Personnel in a Theater of Operations or at a Diplomatic or Consular Mission outside the United States. As prescribed in 25.302-5, insert the following clause: CONTRACTOR PERSONNEL IN A THEATER OF OPERATIONS OR AT A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES ([INSERT ABBREVIATED MONTH AND YEAR OF PUBLICATION IN THE FEDERAL REGISTER])

(a)* Definitions* . As used in this clause— *At a diplomatic or consular mission* means any location outside the United States where a Contractor performs a contract administered by Federal agency personnel subject to the direction of a Chief of Mission pursuant to Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927). *Chief of mission* means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office. *Combatant Commander* means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. *Other military operations* means a range of military force responses that can be projected to accomplish assigned tasks. Such operations may include one or a combination of the following: civic action, humanitarian assistance, civil affairs, and other military activities to develop positive relationships with other countries; confidence building and other measures to reduce military tensions; military presence; activities to convey messages to adversaries; military deceptions and psychological operations; quarantines, blockades, and harassment operations; raids; intervention operations; armed conflict involving air, land, maritime, and strategic warfare operations; support for law enforcement authorities to counter international criminal activities (terrorism, narcotics trafficking, slavery, and piracy); support for law enforcement authorities to suppress domestic rebellion; and support for insurgency, counterinsurgency, and civil war in foreign countries. *Theater of operations* means an area defined by the combatant commander for the conduct or support of specific operations.

(b)*General.*

(1)This clause applies when contractor personnel are employed outside the United States—

(i)In a theater of operations during—

(A)Contingency operations;

(B)Humanitarian or peacekeeping operations;

(C)Other military operations; or

(D)Military exercises designated by the combatant commander; or

(ii)At a diplomatic or consular mission, when specified by the chief of mission.

(2)Contract performance may require work in dangerous or austere conditions. The Contractor accepts the risks associated with required contract performance in such operations.

(3)Contractor personnel are civilians.

(i)Except as provided in paragraph (b)(3)(ii) of this clause, Contractor personnel are not authorized to use deadly force against enemy armed forces other than in self defense.

(ii)Private security Contractor personnel are authorized to use deadly force only when necessary to execute their security mission to protect assets/persons, consistent with the mission statement contained in their contract.

(iii)Civilians lose their law of war protection from direct attack if and for such time as they take a direct part in hostilities.

(4)Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.

(c)*Support.* Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for Contractor personnel engaged in this contract.

(d)*Compliance with laws and regulations.* The Contractor shall comply with, and shall ensure that its personnel in the area of performance in the theater of operations or at the diplomatic or consular mission are familiar with and comply with, all applicable—

(1)United States, host country, and third country national laws;

(2)Treaties and international agreements;

(3)United States regulations, directives, instructions, policies, and procedures; and

(4)Orders, directives, and instructions issued by the Chief of Mission or the Combatant Commander relating to mission accomplishments, force protection, security, health, safety, or relations and interaction with local nationals.

(e)*Preliminary personnel requirements.*

(1)Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract.

(2)Before Contractor personnel depart from the United States or a third country, and before Contractor personnel residing in the host country begin contract performance in the theater of operations or at the diplomatic or consular mission, the Contractor shall ensure the following:

(i)All applicable specified security and background checks are completed.

(ii)All personnel are medically and physically fit and have received all required vaccinations.

(iii)All personnel have all necessary passports, visas, entry permits, and other documents required for contractor personnel to enter and exit the foreign country, including those required for in-transit countries.

(iv)All personnel have received—

(A)A country clearance or special area clearance, if required by the chief of mission; and

(B)A theater clearance, if required by the Combatant Commander.

(v)All personnel have received personal security training. The training must at a minimum—

(A)Cover safety and security issues facing employees overseas;

(B)Identify safety and security contingency planning activities; and

(C)Identify ways to utilize safety and security personnel and other resources appropriately.

(vi)All personnel have received isolated personnel training, if specified in the contract.

(vii)All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over the area of operations on-line at *http://www.travel.state.gov* .

(3)The Contractor shall notify all personnel who are not a host country national or ordinarily resident in the host country that—

(i)If this contract is with the Department of Defense, or the contract relates to supporting the mission of the Department of Defense outside the United States, such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States (see the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261 *et seq.* );

(ii)Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdiction also extends to conduct that is determined to constitute a violation of the law of war when committed by a civilian national of the United States;

(iii)Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of United States diplomatic, consular, military or other United States Government missions outside the United States (18 U.S.C. 7(9)).

(f)*Processing and departure points.* The Contractor shall require its personnel who are arriving from outside the area of performance to perform in the theater of operations or at the diplomatic or consular mission to—

(1)Process through the departure center designated in the contract or complete another process as directed by the Contracting Officer;

(2)Use a specific point of departure and transportation mode as directed by the Contracting Officer; and

(3)Process through a reception center designated by the Contracting Officer upon arrival at the place of performance.

(g)*Personnel data list.*

(1)The Contractor shall establish and maintain with the designated Government official a current list of all contractor personnel in the areas of performance. The Contracting Officer will inform the Contractor of the Government official designated to receive this data and the appropriate system to use for this effort.

(2)The Contractor shall ensure that all employees on this list have a current record of emergency data, for notification of next of kin, on file with both the Contractor and the designated Government official.

(h)*Contractor personnel.* The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this clause. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause.

(i)* Weapons.*

(1)If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of Mission, authorizes the carrying of weapons—

(i)The Contracting Officer may authorize an approved Contractor to issue Contractor-owned weapons and ammunition to specified employees; or

(ii)The [ *specify individual, e.g. Contracting Officer Representative, Regional Security Officer* , etc,] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified contractor employees.

(2)The Contractor shall provide to the Contracting Officer a specific list of personnel for whom authorization to carry a weapon is requested.

(3)The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i)Are adequately trained to carry and use them—

(A)Safely;

(B)With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander or the Chief of Mission; and

(C)In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;

(ii)Are not barred from possession of a firearm by 18 U.S.C. 922; and

(iii)Adhere to all guidance and orders issued by the Combatant Commander or the Chief of Mission regarding possession, use, safety, and accountability of weapons and ammunition.

(4)Upon revocation by the Contracting Officer of the Contractor’s authorization to possess weapons, the Contractor shall ensure that all Government-furnished weapons and unexpended ammunition are returned as directed by the Contracting Officer.

(5)Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(j)*Vehicle or equipment licenses.* Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area of performance.

(k)*Military clothing and protective equipment.*

(1)Contractor personnel are prohibited from wearing military clothing unless specifically authorized by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures.

(2)Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(l)*Evacuation.*

(1)If the Chief of Mission or Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide to United States and third country national Contractor personnel the level of assistance provided to private United States citizens.

(2)In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer.

(m)*Personnel recovery.*

(1)In the case of isolated, missing, detained, captured or abducted Contractor personnel, the Government will assist in personnel recovery actions.

(2)Personnel recovery may occur through military action, action by non-governmental organizations, other U.S. Government-approved action, diplomatic initiatives, or through any combination of these options.

(3)The Department of Defense has primary responsibility for recovering DoD contract service employees and, when requested, will provide personnel recovery support to other agencies in accordance with DoD Directive 2310.2, Personnel Recovery.

(n)*Notification and return of personal effects.*

(1)The Contractor shall be responsible for notification of the employee-designated next of kin, and notification as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee—

(i)Dies;

(ii)Requires evacuation due to an injury; or

(iii)Is isolated, missing, detained, captured, or abducted.

(2)The Contractor shall also be responsible for the return of all personal effects of deceased or missing Contractor personnel, if appropriate, to next of kin.

(o)*Mortuary affairs.* Mortuary affairs for Contractor personnel who die in the area of performance will be handled as follows:

(1)If this contract was awarded by DoD, the remains of Contractor personnel will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy. (2)(i) If this contract was awarded by an agency other than DoD, the Contractor is responsible for the return of the remains of Contractor personnel from the point of identification of the remains to the location specified by the employee or next of kin, as applicable, except as provided in paragraph (o)(2)(ii) of this clause.

(ii)In accordance with 10 U.S.C. 1486, the Department of Defense may provide, on a reimbursable basis, mortuary support for the disposition of remains and personal effects of all U.S. citizens upon the request of the Department of State.

(p)*Changes.* In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract.

(q)*Subcontracts.* The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts that require subcontractor personnel to perform outside the United States—

(1)In a theater of operations during—

(i)Contingency operations;

(ii)Humanitarian or peacekeeping operations;

(iii)Other military operations; or

(iv)Military exercises designated by the Combatant Commander; or

(2)At a diplomatic or consular mission, when specified by the chief of mission. (End of clause) [FR Doc. 06-6278 Filed 7-17-06; 8:45 am]

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