Cost Accounting Standards Board; Applicability of Cost Accounting Standards Coverage, 29457-29458 [05-9847]

Download as PDF Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Rules and Regulations A. Background On June 16, 2004, the Assistant Administrator for Procurement approved a deviation to NFS 1802.101 to designate the Associate Administrator for Exploration Systems as head of the contracting activity in lieu of the Center Director(s) for all contracts that directly support the Exploration Systems Mission Directorate (ESMD). This deviation was approved in support of the Headquarters transformation and the realignment of program management responsibilities between NASA Headquarters and the field centers. This final rule implements that deviation. B. Regulatory Flexibility Act This final rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98–577, and publication for public comment is not required. However, NASA will consider comments from small entities concerning the affected NFS Part 1802 in accordance with 5 U.S.C. 610. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes do not impose recordkeeping or information collection requirements which require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 1802 Government procurement. Administrator for ESMD in lieu of the field Center Director(s). * * * * * [FR Doc. 05–9953 Filed 5–20–05; 8:45 am] BILLING CODE 7510–01–P OFFICE OF MANAGEMENT AND BUDGET Office of Federal Procurement Policy 48 CFR Part 9903 Cost Accounting Standards Board; Applicability of Cost Accounting Standards Coverage Cost Accounting Standards Board, Office of Federal Procurement Policy, OMB. ACTION: Interim rule with request for comment. AGENCY: SUMMARY: The Cost Accounting Standards (CAS) Board is revising the criteria applicable to United Kingdom (UK) contractors for filing a Disclosure Statement, Form No. CASB DS–1. This rulemaking is authorized pursuant to section 26 of the Office of Federal Procurement Policy Act. The Board is promulgating this interim rule in order to comply with a specific request by the UK Ministry of Defence to simplify the compliance process with CAS Board disclosure requirements for UK contractors. Effective Date: This rule is effective May 23, 2005. Comment Date: Comments upon this PART 1802—DEFINITIONS OF WORDS interim rule must be in writing and must be received by July 22, 2005. AND TERMS ADDRESSES: Comments should be I Accordingly, 48 CFR part 1802 is addressed to Dr. Rein Abel, Director of amended as follows: Research, Cost Accounting Standards I 1. The authority citation for 48 CFR Board, Office of Federal Procurement part 1802 continues to read as follows: Policy, 725 17th Street, NW., Room Authority: 42 U.S.C. 2473(c)(1) 9013, Washington, DC 20503. Comments should be faxed to Rein I 2. Amend section 1802.101 by revising Abel, at 202–395–5105. the definition of ‘‘head of the contracting FOR FURTHER INFORMATION CONTACT: Rein activity (HCA)’’ to read as follows: Abel, Director of Research, Cost 1802.101 Definitions. Accounting Standards Board (telephone: 202–395–3254). * * * * * Head of the contracting activity (HCA) SUPPLEMENTARY INFORMATION: means, for field installations, the A. Background Director or other head and, for NASA Headquarters, the Assistant Unlike certain other foreign Administrator for Management Systems. contractors (e.g., German and Canadian), For International Space Station (ISS) UK contractors currently have to file a and Space Shuttle Program contracts, regular CAS Board Disclosure Statement the HCA is the Headquarters Deputy (DS–1) in accordance with CAS Associate Administrator for ISS and regulations. The UK Ministry of Defence Shuttle Programs in lieu of the field initially approached the Board with a Center Director(s). For Exploration request to use the corresponding UK Systems Mission Directorate (ESMD) form ‘‘Questionnaire on Method of contracts, the HCA is the Associate Allocation of Costs’’ (QMAC), in lieu of Tom Luedtke, Assistant Administrator for Procurement. VerDate jul<14>2003 14:30 May 20, 2005 Jkt 205001 DATES: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 29457 the DS–1. After a review of the content of the QMAC, the UK and U.S. representatives agreed that it did not have the same scope as the DS–1. Therefore, it was agreed that to cover the gap in the coverage a ‘‘Supplemental QMAC’’ was needed. The CAS Board has approved a Supplemental QMAC that is acceptable to the UK Ministry of Defence, and the CAS Board has received a request from the UK Ministry of Defence to allow UK contractors to submit their basic QMAC, together with the Supplemental QMAC, in lieu of the DS–1. At its meeting on February 23, 2005, the Board agreed to this change in the CAS requirements so that UK contractors with CAS-covered contracts will be allowed to file the UK QMAC together with its Supplement in lieu of the DS–1 required of U.S. contractors. The Board believes that an interim rule with request for comment is an appropriate mode for the promulgation of this rule. It is based on a request by the UK Ministry of Defense for a specific action regarding the CAS disclosure statement to be used by the UK defense contractors. The Board believes that its response to this request as incorporated in this rule is straight forward and, in essence, non controversial. Therefore, the Board believes that in this instance the Board’s usual ‘‘four step’’ promulgation process is not necessary or appropriate. To effect this change, the interim rule includes the following revisions: (1) The deletion of 9903.201–1(b)(12) (all foreign contractors, including UK contractors, are subject to the requirements at 9903.201–1(b)(4)); (2) The deletion of 9903.201–4(d); and (3) An amendment to 9903.202–1(e) to add the U.K. to the list of the countries whose contractors may file a disclosure form adopted by an agency of their own Government in lieu of the DS–1. B. Paperwork Reduction Act The Paperwork Reduction Act, Public Law 96–511, does not apply to this rulemaking, because this rule imposes no paperwork burden on offerors, affected contractors and subcontractors, or members of the public which require the approval of OMB under 44 U.S.C. 3501, et seq. C. Executive Order 12866 and the Regulatory Flexibility Act The economic impact of this rule on contractors and subcontractors is expected to be minor. As a result, the Board has determined that this interim rule will not result in the promulgation of a ‘‘major rule’’ under the provisions of Executive Order 12866, and that a E:\FR\FM\23MYR1.SGM 23MYR1 29458 Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Rules and Regulations regulatory impact analysis will not be required. Furthermore, this rule will not have a significant impact on a substantial number of small businesses because small businesses are exempt from the application of the Cost Accounting Standards. Therefore, this rule does not require a regulatory flexibility analysis under the Regulatory Flexibility Act of 1980. D. Public Comments Interested persons are invited to participate by submitting data, views or arguments with respect to this interim rule. All comments must be in writing and submitted to the address indicated in the ADDRESSES section. List of Subjects in 48 CFR Part 9903 Accounting, Government procurement. David H. Safavian, Chair, Cost Accounting Standards Board. For the reasons set forth in this preamble, chapter 99 of title 48 of the Code of Federal Regulations is amended as set forth below: I PART 9903—CONTRACT COVERAGE Subpart 9903.2—CAS Program Requirements 9903.201–1 [Amended] 1. Section 9903.201–1 is amended by removing and reserving paragraph (b)(12). I 9903.201–4 [Amended] 2. Section 9903.201–4 is amended by removing and reserving paragraph (d). I 3. Section 9903.202–1 is amended by revising paragraph (e) to read as follows: I 9903.202–1 General requirements. * * * * * (e) Foreign contractors and subcontractors who are required to submit a Disclosure Statement may, in lieu of filing a Form No CASB–DS–1, make disclosure by using a disclosure form prescribed by an agency of its Government, provided that the Cost Accounting Standards Board determines that the information disclosed by that means will satisfy the objectives of Public Law 100–679. The use of alternative forms has been approved for the contractors of the following countries: (1) Canada. (2) Federal Republic of Germany. (3) United Kingdom. * * * * * [FR Doc. 05–9847 Filed 5–20–05; 8:45 am] BILLING CODE 3110–01–P VerDate jul<14>2003 14:30 May 20, 2005 Jkt 205001 DEPARTMENT OF THE INTERIOR § 17.108 [Corrected] 2. In § 17.108, amend paragraph (c)(13)(B) by removing ‘‘81°05′09″ West’’ and adding in its place 82°05′09″ West’’. I Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AT65 Endangered and Threatened Wildlife and Plants; Establishment of an Additional Manatee Protection Area in Lee County, FL Fish and Wildlife Service, Interior. ACTION: Final rule; correction. Dated: May 17, 2005. Sara Prigan, Fish and Wildlife Service Federal Register Liaison. [FR Doc. 05–10176 Filed 5–20–05; 8:45 am] BILLING CODE 4310–55–P AGENCY: We, the Fish and Wildlife Service (Service), are correcting a typographical error in the final rule promulgated on April 7, 2005, to establish an additional manatee protection area in Lee County, Florida (Pine Island—Estero Bay Manatee Refuge). This correction is not substantive. DATES: Effective April 4, 2005. ADDRESSES: The complete file for this rule is available for inspection, by appointment, during normal business hours from 8 a.m. to 4:30 p.m. at the South Florida Field Office, U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, Florida 32960. FOR FURTHER INFORMATION CONTACT: Jay Slack or Kalani Cairns (see ADDRESSES section), telephone 772/562–3909; or visit our Web site at https:// verobeach.fws.gov. SUPPLEMENTARY INFORMATION: On April 7, 2005, we, the Service, promulgated a final rule (70 FR 17864) to establish the Pine Island—Estero Bay Manatee Refuge in Lee County, Florida. Because we made a typographical error in the regulatory text of the rule, we introduced an incorrect coordinate into the description of the Pine Island— Estero Bay Manatee Refuge. We correct this error now. This change is not substantive. SUMMARY: List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Correction For reasons set forth in the preamble, we correct 50 CFR part 17 by making the following correcting amendment: I PART 17—[CORRECTED] 1. The authority citation for part 17 continues to read as follows: I Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 051705F] Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 yellowfin sole total allowable catch (TAC) in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 19, 2005, through 2400 hrs, A.l.t., December 31, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2005 yellowfin sole TAC in the BSAI is 77,083 metric tons (mt) as established by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2005 yellowfin sole E:\FR\FM\23MYR1.SGM 23MYR1

Agencies

[Federal Register Volume 70, Number 98 (Monday, May 23, 2005)]
[Rules and Regulations]
[Pages 29457-29458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9847]


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OFFICE OF MANAGEMENT AND BUDGET

Office of Federal Procurement Policy

48 CFR Part 9903


Cost Accounting Standards Board; Applicability of Cost Accounting 
Standards Coverage

AGENCY: Cost Accounting Standards Board, Office of Federal Procurement 
Policy, OMB.

ACTION: Interim rule with request for comment.

-----------------------------------------------------------------------

SUMMARY: The Cost Accounting Standards (CAS) Board is revising the 
criteria applicable to United Kingdom (UK) contractors for filing a 
Disclosure Statement, Form No. CASB DS-1. This rulemaking is authorized 
pursuant to section 26 of the Office of Federal Procurement Policy Act. 
The Board is promulgating this interim rule in order to comply with a 
specific request by the UK Ministry of Defence to simplify the 
compliance process with CAS Board disclosure requirements for UK 
contractors.

DATES: Effective Date: This rule is effective May 23, 2005.
    Comment Date: Comments upon this interim rule must be in writing 
and must be received by July 22, 2005.

ADDRESSES: Comments should be addressed to Dr. Rein Abel, Director of 
Research, Cost Accounting Standards Board, Office of Federal 
Procurement Policy, 725 17th Street, NW., Room 9013, Washington, DC 
20503. Comments should be faxed to Rein Abel, at 202-395-5105.

FOR FURTHER INFORMATION CONTACT: Rein Abel, Director of Research, Cost 
Accounting Standards Board (telephone: 202-395-3254).

SUPPLEMENTARY INFORMATION:

A. Background

    Unlike certain other foreign contractors (e.g., German and 
Canadian), UK contractors currently have to file a regular CAS Board 
Disclosure Statement (DS-1) in accordance with CAS regulations. The UK 
Ministry of Defence initially approached the Board with a request to 
use the corresponding UK form ``Questionnaire on Method of Allocation 
of Costs'' (QMAC), in lieu of the DS-1. After a review of the content 
of the QMAC, the UK and U.S. representatives agreed that it did not 
have the same scope as the DS-1. Therefore, it was agreed that to cover 
the gap in the coverage a ``Supplemental QMAC'' was needed.
    The CAS Board has approved a Supplemental QMAC that is acceptable 
to the UK Ministry of Defence, and the CAS Board has received a request 
from the UK Ministry of Defence to allow UK contractors to submit their 
basic QMAC, together with the Supplemental QMAC, in lieu of the DS-1. 
At its meeting on February 23, 2005, the Board agreed to this change in 
the CAS requirements so that UK contractors with CAS-covered contracts 
will be allowed to file the UK QMAC together with its Supplement in 
lieu of the DS-1 required of U.S. contractors.
    The Board believes that an interim rule with request for comment is 
an appropriate mode for the promulgation of this rule. It is based on a 
request by the UK Ministry of Defense for a specific action regarding 
the CAS disclosure statement to be used by the UK defense contractors. 
The Board believes that its response to this request as incorporated in 
this rule is straight forward and, in essence, non controversial. 
Therefore, the Board believes that in this instance the Board's usual 
``four step'' promulgation process is not necessary or appropriate.
    To effect this change, the interim rule includes the following 
revisions:
    (1) The deletion of 9903.201-1(b)(12) (all foreign contractors, 
including UK contractors, are subject to the requirements at 9903.201-
1(b)(4));
    (2) The deletion of 9903.201-4(d); and
    (3) An amendment to 9903.202-1(e) to add the U.K. to the list of 
the countries whose contractors may file a disclosure form adopted by 
an agency of their own Government in lieu of the DS-1.

B. Paperwork Reduction Act

    The Paperwork Reduction Act, Public Law 96-511, does not apply to 
this rulemaking, because this rule imposes no paperwork burden on 
offerors, affected contractors and subcontractors, or members of the 
public which require the approval of OMB under 44 U.S.C. 3501, et seq.

C. Executive Order 12866 and the Regulatory Flexibility Act

    The economic impact of this rule on contractors and subcontractors 
is expected to be minor. As a result, the Board has determined that 
this interim rule will not result in the promulgation of a ``major 
rule'' under the provisions of Executive Order 12866, and that a

[[Page 29458]]

regulatory impact analysis will not be required. Furthermore, this rule 
will not have a significant impact on a substantial number of small 
businesses because small businesses are exempt from the application of 
the Cost Accounting Standards. Therefore, this rule does not require a 
regulatory flexibility analysis under the Regulatory Flexibility Act of 
1980.

D. Public Comments

    Interested persons are invited to participate by submitting data, 
views or arguments with respect to this interim rule. All comments must 
be in writing and submitted to the address indicated in the ADDRESSES 
section.

List of Subjects in 48 CFR Part 9903

    Accounting, Government procurement.

David H. Safavian,
Chair, Cost Accounting Standards Board.

0
For the reasons set forth in this preamble, chapter 99 of title 48 of 
the Code of Federal Regulations is amended as set forth below:

PART 9903--CONTRACT COVERAGE

Subpart 9903.2--CAS Program Requirements


9903.201-1  [Amended]

0
1. Section 9903.201-1 is amended by removing and reserving paragraph 
(b)(12).


9903.201-4  [Amended]

0
2. Section 9903.201-4 is amended by removing and reserving paragraph 
(d).

0
3. Section 9903.202-1 is amended by revising paragraph (e) to read as 
follows:


9903.202-1  General requirements.

* * * * *
    (e) Foreign contractors and subcontractors who are required to 
submit a Disclosure Statement may, in lieu of filing a Form No CASB-DS-
1, make disclosure by using a disclosure form prescribed by an agency 
of its Government, provided that the Cost Accounting Standards Board 
determines that the information disclosed by that means will satisfy 
the objectives of Public Law 100-679. The use of alternative forms has 
been approved for the contractors of the following countries:
    (1) Canada.
    (2) Federal Republic of Germany.
    (3) United Kingdom.
* * * * *

[FR Doc. 05-9847 Filed 5-20-05; 8:45 am]
BILLING CODE 3110-01-P

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