Federal Acquisition Regulation; FAR Case 2009-027, Personal Identity Verification of Contractor Personnel, 28771-28772 [2010-12334]
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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the establishment of a safety
zone. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
Dated: April 13, 2010.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2010–12343 Filed 5–21–10; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
For the reasons discussed in the
preamble, the Coast Guard proposed to
amend 33 CFR 165 as follows:
PART 165—REGULATER NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(1) The authority citation for part 165
continues to read as follows:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
(b) Effective date. This rule is effective
from 10 p.m. until 10:30 p.m. CDT on
July 4, 2010.
(c) Periods of Enforcement. This rule
will be enforced from 10 p.m. until
10:30 p.m. CDT on July 4, 2010. The
Captain of the Port Upper Mississippi
River will inform the public through
broadcast notice to mariners of all safety
zone changes and enforcement periods.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Upper Mississippi
River or a designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Upper Mississippi River or a
designated representative. The Captain
of the Port Upper Mississippi River
representative may be contacted at (314)
269–2332.
(3) All persons and vessels must
comply with the instruction of the
Captain of the Port Upper Mississippi
River or their designated representative.
Designated Captain of the Port
representatives include United States
Coast Guard commissioned, warrant,
and petty officers of the U.S. Coast
Guard.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4 and 52
[FAR Case 2009–027; Docket 2010-0091;
Sequence 1]
RIN: 9000–AL60
§ 165.T08–0059 Safety Zone; Osage River,
Mile 016.8 to 017.2.
(a) Location. The following area is a
safety zone: all waters of the Osage
River, Mile 016.8 to 017.2 extending the
entire width of the waterway.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
VerDate Mar<15>2010
12:33 May 21, 2010
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Fmt 4702
Federal Acquisition Regulation (FAR) to
provide additional regulatory coverage
in Subpart 4.13 and in clause 52.204–9
to reinforce the requirement of
collecting from contractors all forms of
Government provided identification
once they are no longer needed to
support a contract.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before July 23, 2010 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by FAR case 2009–027 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–027’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search’’. Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–027’’. Follow the
instructions provided at the ‘‘ Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–027’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FAR case 2009–027, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT Ms.
Suzanne Neurauter, Procurement
Analyst, at (202) 219–0310 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAR case 2009–027.
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Regulation; FAR
Case 2009–027, Personal Identity
Verification of Contractor Personnel
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
(2) Add § 165.T08–0059 to read as
follows:
28771
Sfmt 4702
Department of Defense Inspector
General Audit Report No. D02009–005,
titled Controls Over the Contractor
Common Access Card (CAC) Life Cycle,
was performed to determine whether
Government controls were in place over
contractor CACs. A CAC is the DoD term
for a Personal Identity Verification (PIV)
card. A PIV card is required in order to
gain access to a Federal facility. The
most prevalent issue of the audit report,
and the one that the Councils are
undertaking with this case, was that the
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28772
Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
CACs were not adequately accounted for
after contract performance.
The Councils are proposing to amend
the FAR by inserting new paragraphs
(d)(1) and (2) under section 4.1301,
Policy. Paragraph (d)(1) will provide
policy on recovering PIVs. The text in
paragraph (d)(1) states that agency
procedures shall ensure that
Government contractors account for all
forms of Government-provided
identification issued to Government
contractors under a contract, and return
such identification to the issuing agency
at the earliest of any of the following,
unless otherwise determined by the
agency: when no longer needed for
contract performance; upon completion
of a contractor employee’s employment;
upon contract completion or
termination. The text in paragraph (d)(2)
states that the contracting officer may
delay final payment under a contract if
the contractor fails to comply with these
requirements.
The Councils are also proposing to
modify FAR clause 52.204–9, Personal
Identity Verification of Contractor
Personnel to be consistent with Part 4.
This is not a significant regulatory
action and, therefore, was not 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 the
requirements of the actions required and
the clause are not significantly
burdensome. Currently, it is a common
business practice to have procedures in
place to revoke/return access cards
when no longer in use by the contractor.
An Initial Regulatory Flexibility
Analysis has, therefore, not been
performed. We invite comments from
small businesses and other interested
parties. The Councils will consider
comments from small entities
concerning the affected FAR Parts 4 and
52 in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 601, et seq. (FAR case 2009–027),
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
VerDate Mar<15>2010
12:33 May 21, 2010
Jkt 220001
and Budget under 44 U.S.C. Chapter 35,
et seq.
List of Subjects in 48 CFR Parts 4 and
52
Government procurement.
Dated: May 17, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 4 and
52 as set forth below:
1. The authority citation for 48 CFR
parts 4 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 4—ADMINISTRATIVE MATTERS
2. Amend section 4.1301 by adding
paragraphs (d)(1) and (d)(2) to read as
follows:
4.1301
Policy.
*
*
*
*
*
(d)(1) Agency procedures shall ensure
that Government contractors account for
all forms of Government-provided
identification issued to Government
contractors under a contract, i.e., the
Personal Identity Verification (PIV)
cards or other similar badges, and shall
ensure that contractors return such
identification to the issuing agency as
soon as any of the following occurs,
unless otherwise determined by the
agency:
(i) When no longer needed for
contract performance.
(ii) Upon completion of a contractor
employee’s employment.
(iii) Upon contract completion or
termination.
(2) The contracting officer may delay
final payment under a contract if the
contractor fails to comply with these
requirements.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.204–9 by:
a. Revising the date of the clause;
b. Redesignating paragraph (b) as
paragraph (d), and adding new
paragraphs (b) and (c); and revising the
newly designated paragraph (d).
The added and revised text reads as
follows:
52.204–9 Personal Identity Verification of
Contractor Personnel.
*
*
*
*
*
PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL (DATE)
(b) The Contractor shall account for
all forms of Government-provided
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
identification issued to the Contractor
under this contract. The contractor shall
return such identification to the issuing
agency at the earliest of any of the
following, unless otherwise determined
by the Government:
(1) When no longer needed for
contract performance.
(2) Upon completion of the Contractor
employee’s employment.
(3) Upon contract completion or
termination.
(c) The contracting officer may delay
final payment under a contract if the
contractor fails to comply with these
requirements.
(d) The Contractor shall insert the
substance of this clause, including this
paragraph (d), in all subcontracts when
the subcontractor is required to have
routine physical access to a Federallycontrolled facility and/or routine access
to a Federally-controlled information
system.
(End of clause)
[FR Doc. 2010–12334 Filed 5–21–10; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF ENERGY
48 CFR Parts 904, 952 and 970
RIN 1991–AB85
Acquisition Regulation: Access to and
Ownership of Records
Department of Energy.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Department of Energy
(DOE) is proposing to amend the
Department of Energy Acquisition
Regulation (DEAR) to revise the
applicability and the policies and
procedures involving the access to and
ownership of records. Much work at
DOE facilities is performed by
contractor and subcontractor personnel
and involves hazardous materials or the
possibility of exposure to radioactive
materials. It is necessary for the
contractors and subcontractors to
maintain extensive records for the
Government involving these workers
and processes, in particular, personnel;
facility; occupational safety and health;
environment; and medical records. DOE
is proposing to amend these clauses for
consistent inclusion in all applicable
contracts, not just management and
operating (M&O) contracts, based on the
type of work being performed, to ensure
preservation and Government
ownership of records. Additionally, the
proposed revisions address
E:\FR\FM\24MYP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Proposed Rules]
[Pages 28771-28772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12334]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4 and 52
[FAR Case 2009-027; Docket 2010-0091; Sequence 1]
RIN: 9000-AL60
Federal Acquisition Regulation; FAR Case 2009-027, Personal
Identity Verification of Contractor Personnel
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 provide additional regulatory
coverage in Subpart 4.13 and in clause 52.204-9 to reinforce the
requirement of collecting from contractors all forms of Government
provided identification once they are no longer needed to support a
contract.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before July 23, 2010 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2009-027 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2009-027'' under the heading ``Enter Keyword or ID'' and selecting
``Search''. Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2009-027''. Follow the instructions provided at the ``
Submit a Comment'' screen. Please include your name, company name (if
any), and ``FAR Case 2009-027'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2009-
027, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT Ms. Suzanne Neurauter, Procurement
Analyst, at (202) 219-0310 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2009-
027.
SUPPLEMENTARY INFORMATION:
A. Background
Department of Defense Inspector General Audit Report No. D02009-
005, titled Controls Over the Contractor Common Access Card (CAC) Life
Cycle, was performed to determine whether Government controls were in
place over contractor CACs. A CAC is the DoD term for a Personal
Identity Verification (PIV) card. A PIV card is required in order to
gain access to a Federal facility. The most prevalent issue of the
audit report, and the one that the Councils are undertaking with this
case, was that the
[[Page 28772]]
CACs were not adequately accounted for after contract performance.
The Councils are proposing to amend the FAR by inserting new
paragraphs (d)(1) and (2) under section 4.1301, Policy. Paragraph
(d)(1) will provide policy on recovering PIVs. The text in paragraph
(d)(1) states that agency procedures shall ensure that Government
contractors account for all forms of Government-provided identification
issued to Government contractors under a contract, and return such
identification to the issuing agency at the earliest of any of the
following, unless otherwise determined by the agency: when no longer
needed for contract performance; upon completion of a contractor
employee's employment; upon contract completion or termination. The
text in paragraph (d)(2) states that the contracting officer may delay
final payment under a contract if the contractor fails to comply with
these requirements.
The Councils are also proposing to modify FAR clause 52.204-9,
Personal Identity Verification of Contractor Personnel to be consistent
with Part 4.
This is not a significant regulatory action and, therefore, was not
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 the requirements of the actions required and the clause are not
significantly burdensome. Currently, it is a common business practice
to have procedures in place to revoke/return access cards when no
longer in use by the contractor. An Initial Regulatory Flexibility
Analysis has, therefore, not been performed. We invite comments from
small businesses and other interested parties. The Councils will
consider comments from small entities concerning the affected FAR Parts
4 and 52 in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 601, et seq.
(FAR case 2009-027), 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. Chapter 35, et seq.
List of Subjects in 48 CFR Parts 4 and 52
Government procurement.
Dated: May 17, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 4 and
52 as set forth below:
1. The authority citation for 48 CFR parts 4 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 4--ADMINISTRATIVE MATTERS
2. Amend section 4.1301 by adding paragraphs (d)(1) and (d)(2) to
read as follows:
4.1301 Policy.
* * * * *
(d)(1) Agency procedures shall ensure that Government contractors
account for all forms of Government-provided identification issued to
Government contractors under a contract, i.e., the Personal Identity
Verification (PIV) cards or other similar badges, and shall ensure that
contractors return such identification to the issuing agency as soon as
any of the following occurs, unless otherwise determined by the agency:
(i) When no longer needed for contract performance.
(ii) Upon completion of a contractor employee's employment.
(iii) Upon contract completion or termination.
(2) The contracting officer may delay final payment under a
contract if the contractor fails to comply with these requirements.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Amend section 52.204-9 by:
a. Revising the date of the clause;
b. Redesignating paragraph (b) as paragraph (d), and adding new
paragraphs (b) and (c); and revising the newly designated paragraph
(d).
The added and revised text reads as follows:
52.204-9 Personal Identity Verification of Contractor Personnel.
* * * * *
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (DATE)
(b) The Contractor shall account for all forms of Government-
provided identification issued to the Contractor under this contract.
The contractor shall return such identification to the issuing agency
at the earliest of any of the following, unless otherwise determined by
the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The contracting officer may delay final payment under a
contract if the contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause,
including this paragraph (d), in all subcontracts when the
subcontractor is required to have routine physical access to a
Federally-controlled facility and/or routine access to a Federally-
controlled information system.
(End of clause)
[FR Doc. 2010-12334 Filed 5-21-10; 8:45 am]
BILLING CODE 6820-EP-S
