Acquisition Regulation: Socioeconomic Programs, 33752-33757 [2010-14194]
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6. Section 97.307 is amended by
adding new paragraph (f)(14) to read as
follows.
§ 97.307
*
*
Emission standards.
*
*
*
(f) * * *
(14) In the 60 m band:
(i) A station may transmit only phone,
data, and CW emissions using the
emission designators and any additional
restrictions that are specified in the
table below (except that the use of a
narrower necessary bandwidth is
permitted):
60 M BAND EMISSION REQUIREMENTS
Emission type
Emission designator
Restricted to
Phone .........................................................................
Data ............................................................................
Do ...............................................................................
CW .............................................................................
2K80J3E ....................................................................
2K80J2D ....................................................................
60H0J2B ....................................................................
150HA1A ...................................................................
Upper sideband only.
Data using PACTOR–III technique.
Data using PSK31 technique.
(ii) The following requirements also
apply:
(A) When transmitting phone
emissions, the suppressed carrier
frequency must be set as specified in
97.303(h).
(B) The control operator of a station
transmitting data emissions must
exercise care to limit the length of
transmission so as to avoid causing
harmful interference to United States
Government stations.
7. Section 97.313 is amended by
adding paragraph (i) to read as follows.
§ 97.313
Transmitter power standards.
*
*
*
*
*
(i) No station may transmit with an
effective radiated power (ERP)
exceeding 100 W PEP on the 60 m band.
For the purpose of computing ERP, the
transmitter PEP will be multiplied by
the antenna gain relative to a dipole or
the equivalent calculation in decibels. A
half-wave dipole antenna will be
presumed to have a gain of 1. Licensees
using other antennas must maintain in
their station records either the antenna
manufacturer’s data on the antenna gain
or calculations of the antenna gain.
ACTION: Proposed rule with request for
comments; extension of comment
period.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement section 207 of the Weapons
System Acquisition Reform Act of 2009.
The comment period is being extended
an additional 30 days to provide
additional time for interested parties to
review the proposed DFARS changes.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before July
21, 2010, to be considered in the
formation of the final rule.
48 CFR Parts 202, 203, 212, and 252
You may submit comments,
identified by DFARS Case 2009–D015,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2009–D015 in the subject
line of the message.
Fax: 703–602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Amy Williams, OUSD
(AT&L) DPAP (DARS), 3060 Defense
Pentagon, Room 3B855, Washington, DC
20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
[DFARS Case 2009–D015]
Amy Williams, 703–602–0328.
RIN 0750–AG63
SUPPLEMENTARY INFORMATION:
Defense Federal Acquisition
Regulation Supplement;
Organizational Conflicts of Interest in
Major Defense Acquisition Programs
A. Background
[FR Doc. 2010–14384 Filed 6–14–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
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Defense Acquisition Regulations
System
FOR FURTHER INFORMATION CONTACT:
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
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ADDRESSES:
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Ms.
DoD published a proposed rule in the
Federal Register on April 22, 2010 (75
FR 20954), with a request for comment
by June 21, 2010. DoD is extending the
comment period for 30 additional days
to provide an additional time for
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interested parties to review the
proposed DFARS changes.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2010–14392 Filed 6–14–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF ENERGY
48 CFR Parts 919, 922, 923, 924, 925,
926, and 952
RIN 1991–AB87
Acquisition Regulation:
Socioeconomic Programs
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) Socioeconomic
Programs to make changes to conform to
the FAR, remove out-of-date coverage,
and to update references. Today’s
proposed rule does not alter substantive
rights or obligations under current law.
DATES: Written comments on the
proposed rulemaking must be received
on or before close of business July 15,
2010.
ADDRESSES: This proposed rule is
available online at www.regulation.gov
and you may submit comments,
identified by DEAR: Subchapter D and
RIN 1991–AB87, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail to:
DEARrulemaking@hq.doe.gov. Include
DEAR: Subchapter D and RIN 1991–
AB87 in the subject line of the message.
• Mail to: U.S. Department of Energy,
Office of Procurement and Assistance
Management, MA–611, 1000
Independence Avenue, SW.,
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Washington, DC 20585. Comments by email are encouraged.
FOR FURTHER INFORMATION CONTACT:
Barbara Binney at (202) 287–1340 or by
e-mail barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Analysis
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act
E. Review Under the National
Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Approval by the Office of the Secretary
of Energy
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I. Background
The objective of this action is to
update the existing Department of
Energy Acquisition Regulation (DEAR)
Subchapter D which has sections that
need to be updated to conform to the
Federal Acquisition Regulation (FAR).
None of these changes are substantive or
of a nature to cause any significant
expense for DOE or its contractors.
Changes are proposed to DEAR parts
919, 922, 923, 925, 926, and 952. A new
part 924 is added to the DEAR. There
are no DEAR parts 920 or 921. DEAR
parts 919 and 926 will have another
proposed rule to cover additional
changes.
II. Section-by-Section Analysis
DOE proposes to amend the DEAR as
follows:
1. Section 919.201 is amended by
removing ‘‘DOE’’ in the first sentence of
paragraph (c) and adding in its place
‘‘Department of Energy (DOE)’’.
2. A new section 919.502 is added
and the title of section 919.502–2 is
revised to ‘‘Total small business setasides’’ to conform to the FAR.
3. Section 919.503 is amended by
revising the heading to ‘‘Setting aside a
class of acquisitions for small business’’
and by removing ‘‘SBA’’ and adding in
its place ‘‘Small Business
Administration (SBA)’’ in the first
sentence.
4. Section 919.7 is amended by
revising the title heading to read ‘‘The
Small Business Subcontracting
Program’’ to conform to the FAR.
5. Sections 919.7007, 919.7009,
919.7010, and 919.7011 are amended by
revising the punctuation in the
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introductory text to remove the ‘‘.’’ and
adding in its place ‘‘—’’.
6. Subpart 922.6 is removed and
reserved. This subpart implemented
detailed instructions on protests of
eligibility determinations (FAR 22.608)
that were deleted from the FAR on
December 20, 1996, 61 FR 67410.
7. Subpart 923.4 is removed in its
entirety, including section 923.405, and
reserved. The FAR has the current
procedures, therefore a DOE supplement
is unnecessary.
8. Subpart 923.5 is amended by
adding a new section 923.500 Scope of
subpart. This section clarifies that for
contracts performed at DOE sites, in lieu
of FAR Subpart 23.5, contracting
activities shall use 923.570, Workplace
Substance Abuse Programs at DOE Sites.
9. Section 923.570–1 is amended by
renumbering paragraph (a) and
removing paragraph (b) in its entirety.
By adding the new section 923.500,
paragraph (b) at 923.570–1 is not
needed.
10. Section 923.570–3 is amended by
correcting the clause reference in
paragraph (a) to 970.5223–4, Workplace
Substance Abuse Programs at DOE Sites.
11. Subpart 923.7 is removed in its
entirety, including section 923.703, and
reserved. DOE Directive 430.2B
implements the Executive Order 13149
on environmental issues.
12. Section 923.7003 is amended by
adding a new paragraph (h) to add a
prescription on when to use the existing
clauses at 952.223–75, Preservation of
Individual Occupational Radiation
Exposure Records, in contracts
containing 952.223–71, Integration of
Environment, Safety, and Health into
Work Planning and Execution, or
952.223–72, Radiation Protection and
Nuclear Criticality.
13. Part 924 is a new part being added
titled Part 924—Protection of Privacy
and Freedom of Information. This new
part provides the cross reference to
DOE’s regulations at 10 CFR part 1008,
which implement the procedures
prescribed at FAR 24.103.
14. Section 925.103(b)(2)(ii) is added
to prescribe the DOE procedures for
proposed additions to the list of
nonavailable items at FAR 25.104 list.
15. Section 925.202 is renamed
‘‘Exceptions’’ to conform with the FAR.
16. Section 925.202(b) is redesignated
‘‘925.202(a)(2)’’ and ‘‘FAR 25.202(a)(3)’’
in the first sentence is changed to read
‘‘48 CFR 25.202(a)(2), if the cost of the
materials is not expected to exceed
$100,000’’ to conform with the FAR and
make the paragraph more concise.
17. Subpart 925.9 is redesignated to
read ‘‘925.10’’ and the title is amended
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to read ‘‘Additional Foreign Acquisition
Regulations’’ to conform to the FAR.
18. Section 925.901 is redesignated to
read ‘‘925.1001 Waiver of right to
examination of records.’’
19. Section 925.901(c) is redesignated
to read ‘‘925.1001(b) Determination and
findings.’’ Additionally, the first
sentence is revised to read ‘‘A
determination and finding required at
48 CFR 25.1001(b) shall be forwarded to
either the Director, Office of Contract
Management, Office of Procurement and
Assistance Management, or for the
National Nuclear Security
Administration (NNSA), to the Director,
Office of Acquisition and Supply
Management, for coordination of the
Secretary’s approval.’’
20. Section 926.7001 is amended by
removing ‘‘Department of Energy’’ and
adding in its place ‘‘Department of
Energy (DOE)’’ in the first sentence in
paragraph (a), changing the punctuation
in paragraph (c) and revising paragraph
(e) to read ‘‘48 CFR subpart 15.6 and
subpart 915.6’’ to conform with the FAR.
21. Sections 926.7005, 926.7006, and
926.7102 are amended by revising the
punctuation.
22. Clauses 952.223–76 and 952.223–
77 are amended to update the references
to DOE Orders and Manuals.
23. Clauses 952.226–70 and 952.226–
72 are amended by revising the title of
the subcontracting plan to reflect the
correct name, Small Business
Subcontracting Plan.
24. Clauses 952.226–70, 952.226–71,
952.226–72, 952.226–73 are amended to
revise the punctuation.
25. Throughout, sections were
amended as follows: Removing ‘‘FAR’’ or
‘‘DEAR’’ and adding ‘‘48 CFR’’; removing
‘‘(FAR)’’, ‘‘DEAR’’, or ‘‘48 CFR’’; revising
the punctuation; and capitalizing
Offeror, Contractor, Contractor’s and
Contracting Officer.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today’s regulatory action has been
determined not to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ (58 FR 51735, October 4,
1993). Accordingly, this rule is not
subject to review under that Executive
Order by the Office of Information and
Regulatory Affairs (OIRA) of the Office
of Management and Budget (OMB).
B. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
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imposes on Executive agencies the
general duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. With regard to
the review required by section 3(a),
section 3(b) of Executive Order 12988
specifically requires that Executive
agencies make every reasonable effort to
ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any;
(2) clearly specifies any effect on
existing Federal law or regulation; (3)
provides a clear legal standard for
affected conduct while promoting
simplification and burden reduction; (4)
specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6)
addresses other important issues
affecting clarity and general
draftsmanship under any guidelines
issued by the United States Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or, alternatively, if it is unreasonable to
meet one or more of them. DOE has
completed the required review and
determined that, to the extent permitted
by law, this rule meets the relevant
standards of Executive Order 12988.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires that an
agency prepare an initial regulatory
flexibility analysis for any regulation for
which a general notice or proposed
rulemaking is required, unless the
agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities (5 U.S.C.
605(b)). This rule updates references in
the DEAR that apply to public contracts
and does not impose any additional
requirements on small businesses.
Today’s proposed rule does not alter
any substantive rights or obligations.
Consequently, today’s proposed rule
will not have a significant cost or
administrative impact on contractors,
including small entities. On the basis of
the foregoing, DOE certifies that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Accordingly, DOE has not prepared a
regulatory flexibility analysis for this
rulemaking. DOE’s certification and
supporting statement of factual basis
will be provided to the Chief Counsel
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for Advocacy of the Small Business
Administration pursuant to 5 U.S.C.
605(b).
D. Review Under the Paperwork
Reduction Act
This proposed rule does not impose a
collection of information requirement
subject to the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. Existing burdens
associated with the collection of certain
contractor data under the DEAR have
been cleared under OMB control
number 1910–4100.
E. Review Under the National
Environmental Policy Act
DOE has concluded that promulgation
of this proposed rule falls into a class of
actions which would not individually or
cumulatively have significant impact on
the human environment, as determined
by DOE’s regulations (10 CFR part 1021,
subpart D) implementing the National
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.).
Specifically, this proposed rule is
categorically excluded from NEPA
review because the amendments to the
DEAR are strictly procedural
(categorical exclusion A6). Therefore,
this proposed rule does not require an
environmental impact statement or
environmental assessment pursuant to
NEPA.
F. Review Under Executive Order 13132
Executive Order 13132, 64 FR 43255
(August 4, 1999), imposes certain
requirements on agencies formulating
and implementing policies or
regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. The Executive Order
requires agencies to have an
accountability process to ensure
meaningful and timely input by state
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations (65 FR
13735). DOE has examined the proposed
rule and has determined that it does not
preempt State law and does 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. No further action
is required by Executive Order 13132.
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G. Review Under the Unfunded
Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104ƒ4) generally
requires a Federal agency to perform a
written assessment of costs and benefits
of any rule imposing a Federal mandate
with costs to State, local or tribal
governments, or to the private sector, of
$100 million or more. This rulemaking
proposes changes that do not alter any
substantive rights or obligations. This
proposed rule does not impose any
mandates.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any
rulemaking or policy that may affect
family well-being. This rulemaking will
have no impact on the autonomy or
integrity of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use, 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to Office of
Information and Regulatory Affairs of
the Office of Management and Budget,
a Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; (2) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy, or (3) is
designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today’s proposed rule is not a
significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects.
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516 note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed the proposed rule under the
OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
its place ‘‘Small Business
Administration (SBA)’’ in the first
sentence.
K. Approval by the Office of the
Secretary of Energy
Issuance of this proposed rule has
been approved by the Office of the
Secretary.
§ 919.7009
List of Subjects in 48 CFR Parts 919,
922, 923, 924, 925, 926, and 952
Government procurement.
8. Section 919.7010 is amended by
removing the ‘‘:’’ in the introductory text
and adding in its place ‘‘—’’.
Issued in Washington, DC, on May 19,
2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and
Assistance Management, Department of
Energy.
Joseph F. Waddell,
Acting Director, Office of Acquisition and
Supply Management, National Nuclear
Security Administration.
§ 919.7011
§ 919.503 Setting aside a class of
acquisitions for small business.
*
*
*
*
*
Subpart 919.7—The Small Business
Subcontracting Program
5. Subpart 919.7 heading is revised to
read as set forth above.
§ 919.7007
[Amended]
6. Section 919.7007 is amended by
removing the ‘‘:’’ in paragraph (a)
introductory text and adding in its place
‘‘—’’.
[Amended]
7. Section 919.7009 is amended by
removing the ‘‘.’’ in the introductory text
and adding in its place ‘‘—’’.
§ 919.7010
[Amended]
[Amended]
9. Section 919.7011 is amended by
removing the ‘‘:’’ in paragraphs (a)
introductory text and (a)(1) and adding
in its place ‘‘—’’.
10. The authority citation for parts
922, 923, and 925 continues to read as
follows:
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
For the reasons set out in the
preamble, the Department of Energy is
proposing to amend Chapter 9 of Title
48 of the Code of Federal Regulations as
set forth below.
1. The authority citation for parts 919
and 926 is revised to read as follows:
PART 922—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITION
Subpart 922.6 [Removed and
Reserved]
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
11. Subpart 922.6 is removed and
reserved.
PART 919—SMALL BUSINESS
PROGRAMS
PART 923—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
§ 919.201
[Amended]
2. Section 919.201 is amended by
removing ‘‘DOE’’ and adding in its place
‘‘Department of Energy (DOE)’’ in the
first sentence in paragraph (c).
2a. New section 919.502 is added to
part 919 to read as follows:
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§ 919.502
Setting aside acquisitions.
3. Section 919.502–2 heading is
revised to read:
§ 919.502–2
asides.
*
*
*
*
4. Section 919.503 is amended by
revising the heading as set forth below
and by removing ‘‘SBA’’ and adding in
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12. Subpart 923.4 is removed and
reserved.
13. Add a new section 923.500 to
subpart 923.5 to read as follows:
§ 923.500
Total small business set-
*
Subpart 923.4 [Removed and
Reserved]
Scope of subpart.
For contracts performed at DOE sites,
in lieu of 48 CFR subpart 23.5,
contracting activities shall use 923.570,
Workplace Substance Abuse Programs
at DOE Sites.
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14. Section 923.570–1 is revised to
read as follows:
§ 923.570–1
Applicability.
The policies, criteria, and procedure
specified in 10 CFR part 707, Workplace
Substance Abuse Programs at DOE Sites,
apply to contracts for work performed at
sites owned or controlled by DOE and
operated under the authority of the
Atomic Energy Act of 1954, as amended,
where such work—
(a) Has a value of $25,000 or more;
and
(b) Has been determined by DOE to
involve—
(1) Access to or handling of classified
information or special nuclear materials;
(2) High risk of danger to life, the
environment, public health and safety
or national security; or
(3) The transportation of hazardous
materials to or from a DOE site.
15. Section 923.570–3 is amended by
removing ‘‘970.5223’’ in paragraph (a)
and adding in its place ‘‘970.5223–4’’.
Subpart 923.7 [Removed and
Reserved]
16. Subpart 923.7 is removed and
reserved.
17. Section 923.7003 is amended by
adding a new paragraph (h) to read as
follows:
§ 923.7003
Contract clauses.
*
*
*
*
*
(h) The contracting officer shall insert
the clause at 952.223–75, Preservation
of Individual Occupational Radiation
Exposure Records, in contracts
containing 952.223–71, Integration of
Environment, Safety, and Health into
Work Planning and Execution, or
952.223–72, Radiation Protection and
Nuclear Criticality.
18. Add a new part 924 to Subchapter
D to read as follows:
PART 924—PROTECTION OF PRIVACY
AND FREEDOM OF INFORMATION
Subpart 924.1—Protection of Individual
Privacy
Sec.
924.103
Procedures.
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
Subpart 924.1—Protection of Individual
Privacy
§ 924.103
Procedures.
(b)(2) The Department of Energy rules
and regulations on Privacy Act are
implemented under 10 CFR part 1008.
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PART 925—FOREIGN ACQUISITION
§ 926.7006
19. Section 925.103 is amended by
adding a new paragraph (b)(2)(ii) to read
as follows:
25. Section 926.7006 is amended by
removing the ‘‘:’’ in paragraph (a)
introductory text and adding in its place
‘‘—’’.
§ 925.103
§ 926.7102
Exceptions.
*
*
*
*
*
(b) (2) (ii) Proposals to add an article
to the list of nonavailable articles at 48
CFR 25.104, with appropriate
justifications, shall be submitted for
approval by the Senior Procurement
Executive and submission to the
appropriate council.
20. Section 925.202 is revised to read
as follows:
§ 925.202
Exceptions.
(a)(2) Contracting officers may make
the determination required by 48 CFR
25.202(a)(2), if the cost of the materials
is not expected to exceed $100,000.
Subpart 925.9 [Removed and
Reserved]
(b) Determination and findings. A
determination and finding required by
48 CFR 25.1001(b) shall be forwarded to
either the Director, Office of Contract
Management, Office of Procurement and
Assistance Management, or for the
National Nuclear Security
Administration (NNSA), to the Director,
Office of Acquisition and Supply
Management, for coordination of the
Secretary’s approval.
PART 926—OTHER SOCIOECONOMIC
PROGRAMS
sroberts on DSKD5P82C1PROD with PROPOSALS
[Amended]
23. Section 926.7001 is amended by:
a. Removing ‘‘Department of Energy’’
and adding in its place ‘‘Department of
Energy (DOE)’’ in the first sentence in
paragraph (a);
b. Removing the ‘‘:’’ in paragraph (c)
introductory text and adding in its place
‘‘—’’; and
c. Removing ‘‘(FAR) 48 CFR 15.6 and
(DEAR) 48 CFR 915.6.’’ in paragraph (e)
and adding in its place ‘‘48 CFR subpart
15.6 and subpart 915.6.’’
[Amended]
24. Section 926.7005 is amended by
removing the ‘‘:’’ in paragraph (b)(1)
introductory text and adding in its place
‘‘—’’.
16:40 Jun 14, 2010
Jkt 220001
27. The authority citation for part 952
continues to read as follows:
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
28. Section 952.223–76 clause is
amended by revising the date of the
clause and revising paragraphs (d)(1)(i),
(d)(2)(i) and (d)(3)(i) to read as follows:
*
*
*
*
CONDITIONAL PAYMENT OF FEE OR
PROFIT—SAFEGUARDING RESTRICTED
DATA AND OTHER CLASSIFIED
INFORMATION AND PROTECTION OF
WORKER SAFETY AND HEALTH (XXX
20XX)
§ 925.1001 Waiver of right to examination
of records.
VerDate Mar<15>2010
PART 952—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
*
Subpart 925.10—Additional Foreign
Acquisition Regulations
§ 926.7005
[Amended]
26. Section 926.7102 is amended by
removing the ‘‘,’’ and adding in its place
‘‘;’’ at the end of paragraphs (1) and (2).
§ 952.223–76 Conditional payment of fee
or profit—safeguarding restricted data and
other classified information and protection
of worker safety and health.
21. Subpart 925.9 is removed and
reserved.
22. Add a new subpart 925.10
consisting of 925.1001 to part 925 to
read as follows:
§ 926.7001
[Amended]
*
*
*
*
*
(d) * * *
(1) * * *
(i) Type A accident (defined in DOE
Order 225.1A, Accident Investigations,
or its successor).
*
*
*
*
*
(2) * * *
(i) Type B accident (defined in DOE
Order 225.1A, Accident Investigations,
or its successor).
*
*
*
*
*
(3) * * *
(i) Failure to implement effective
corrective actions to address
deficiencies/non-compliance
documented through external (e.g.,
Federal) oversight and/or reported per
DOE Manual 231.1–2, Occurrence
Reporting and Processing of Operations
Information, or it successor,
requirements, or internal oversight of
DOE Order 470.2B, Independent
Oversight and Performance Assurance
Program, or it successor, requirements.
*
*
*
*
*
29. Section 952.223–77 is amended by
revising the date of the clause and
revising paragraphs (c)(1)(i), (c)(2)(i) and
(c)(3)(i) to read as follows:
§ 952.223–77 Conditional payment of fee
or profit—protection of worker safety and
health.
*
PO 00000
*
*
Frm 00023
*
Fmt 4702
*
Sfmt 4702
CONDITIONAL PAYMENT OF FEE OR
PROFIT—PROTECTION OF WORKER
SAFETY AND HEALTH (XXX 20XX)
*
*
*
*
*
(c) * * *
(1) * * *
(i) Type A accident (defined in DOE
Order 225.1A, Accident Investigations,
or its successor).
*
*
*
*
*
(2) * * *
(i) Type B accident (defined in DOE
Order 225.1A, Accident Investigations,
or its successor).
*
*
*
*
*
(3) * * *
(i) Failure to implement effective
corrective actions to address
deficiencies/non-compliance
documented through external (e.g.,
Federal) oversight and/or reported per
DOE Manual 231.1–2, Occurrence
Reporting and Processing of Operations
Information, or it successor,
requirements, or internal oversight of
DOE Order 470.2B, Independent
Oversight and Performance Assurance
Program, or it successor, requirements.
*
*
*
*
*
§ 952.226–70
[Amended]
30. Section 952.226–70 is amended
by:
a. Removing the ‘‘:’’ in paragraphs (a)
introductory text and (a)(1) and adding
in its place ‘‘—’’; and
b. Removing ‘‘Small, Small
Disadvantaged and Women-Owned
Subcontracting Plan’’ in paragraphs (c)
and (d) and adding in its place ‘‘Small
Business Subcontracting Plan’’.
§ 952.226–71
[Amended]
31. Section 952.226–71 is amended by
removing the ‘‘:’’ in paragraphs (a)
introductory text and (a)(1) and adding
in its place ‘‘—’’.
§ 952.226–72
[Amended]
32. Section 952.226–72 is amended
by:
a. Removing the ‘‘:’’ in paragraphs (a)
introductory text and (a)(1) and adding
in its place ‘‘—’’;
b. Removing the ‘‘:’’ in paragraph (b)
and adding in its place ‘‘—’’;
c. Adding ‘‘and’’ in paragraph (b)(2)
after the ‘‘;’’; and
d. Removing ‘‘Small, Small
Disadvantaged and Women-Owned
Subcontracting Plan’’ in paragraph (c)(2)
and adding in its place ‘‘Small Business
Subcontracting Plan’’.
§ 952.226–73
[Amended]
33. Section 952.226–73 is amended
by:
a. Removing the ‘‘:’’ in paragraph (a)(1)
and adding in its place ‘‘—’’; and
E:\FR\FM\15JNP1.SGM
15JNP1
33757
Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules
§ 919.501, 919.705–6, 919.805–2, 922.103–5,
925.103, 952.219–70, 952.225–70, 952.226–
70, 952.226–72, 952.226–73, and
952.226–74 [Amended]
b. Removing the ‘‘,’’ in paragraph
(a)(1)(i) and adding in its place ‘‘;’’.
§ 952.226–74
[Amended]
34. Section 952.226–74 is amended by
removing ‘‘48 CFR (DEAR)’’ before
‘‘926.7104’’ in the introductory sentence.
from where it appears in the section,
and add the word in the right column:
35. In the table below, for each section
indicated in the left column, remove the
word indicated in the middle column
Section
Remove
919.501(g) ........................................................................
919.705–6 .........................................................................
919.805–2 .........................................................................
919.805–2 .........................................................................
922.103–5 in 3 places ......................................................
923.570–3(a) ....................................................................
925.103(a) ........................................................................
952.219–70 in the provision second sentence ................
952.225–70(b) ..................................................................
952.226–70(c) ..................................................................
952.226–72(b) ..................................................................
952.226–72(c)(1) ..............................................................
952.226–72(c)(1) ..............................................................
952.226–72(c)(2) ..............................................................
952.226–73(a) introductory text, and (b) in 2 places .......
952.226–73(b) ..................................................................
952.226–74(b) at its second occurrence .........................
‘‘FAR 19.501(g),’’ .............................................................
‘‘FAR’’ ...............................................................................
‘‘FAR’’ ...............................................................................
‘‘13 CFR 124.311(e)(1)’’ ..................................................
‘‘FAR’’ ...............................................................................
‘‘FAR’’ ...............................................................................
‘‘FAR’’ ...............................................................................
‘‘contractor’s’’ ...................................................................
‘‘contractor’’ ......................................................................
‘‘offeror’’ ............................................................................
‘‘contractor’’ ......................................................................
‘‘contractor’’ ......................................................................
‘‘contracting officer’’ .........................................................
‘‘contractor’s’’ ...................................................................
‘‘offeror’’ ............................................................................
‘‘contracting officer’’ .........................................................
‘‘contractor’’ ......................................................................
§ 919.7008, 919.7010, 919.7011, 919.7012,
922.800, 926.7006, 926.7007, 926.7104
[Amended]
36. In the table below, for each section
indicated in the left column, remove the
word indicated in the right column from
where it appears in the section:
Section
Remove
919.7008 ..........................
919.7010(c) and (k) .........
919.7011(b) ......................
919.7012(a) ......................
922.800 ............................
926.7006(c) ......................
926.7007(d) ......................
926.7007(e) ......................
926.7104 ..........................
‘‘48 CFR’’.
‘‘48 CFR’’.
‘‘48 CFR’’.
‘‘48 CFR’’.
‘‘(FAR)’’.
‘‘(FAR)’’.
‘‘48 CFR’’.
‘‘(FAR)’’.
48 CFR (DEAR)’’.
[FR Doc. 2010–14194 Filed 6–14–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 611
[Docket No. FTA–2010–0009]
RIN 2132–AB02
sroberts on DSKD5P82C1PROD with PROPOSALS
Major Capital Investment Projects
AGENCY: Federal Transit Administration
(FTA), DOT.
ACTION: Public meetings on ANPRM.
SUMMARY: This document announces the
dates, times, and locations of outreach
sessions concerning the Advance Notice
of Proposed Rulemaking (ANPRM) for
VerDate Mar<15>2010
16:40 Jun 14, 2010
Jkt 220001
FTA’s New Starts and Small Starts
programs. Presentations delivered at
these meetings will describe the
provisions of the ANPRM issued by the
Federal Transit Administration (FTA).
Further outreach sessions, if scheduled,
will be announced in a subsequent
Federal Register notice.
DATES: See SUPPLEMENTARY INFORMATION
section for meeting dates.
ADDRESSES: See SUPPLEMENTARY
INFORMATION section for meeting
locations.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Day, Office of Planning and
Environment, (202) 366–5159; for
questions of a legal nature, Christopher
Van Wyk, Office of Chief Counsel, (202)
366–1733. FTA is located at 1200 New
Jersey Avenue, SE., Washington, DC
20590. Office hours are from 9 a.m. to
5:30 p.m., EST, Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: FTA
announced the time and location of its
first two outreach meetings with the
ANPRM published on June 3, 2010 (75
FR 31383), noting that additional
meetings would be announced in
subsequent Federal Register notices.
The meetings listed below are
additional outreach sessions that will
provide a forum for FTA staff to make
oral presentations on the ANPRM and
for participants to ask questions.
Additionally, the sessions are intended
to encourage interested parties and
stakeholders to submit their comments
directly to the official docket per the
instructions found in the June 3, 2010
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Add
‘‘48 CFR 19.501,’’.
‘‘48 CFR’’.
‘‘48 CFR chapter 1’’.
‘‘13 CFR 124’’.
‘‘48 CFR’’.
‘‘48 CFR’’.
‘‘48 CFR’’.
‘‘Contractor’s’’.
‘‘Contractor’’.
‘‘Offeror’’.
‘‘Contractor’’.
‘‘Contractor’’.
‘‘Contracting Officer’’.
‘‘Contractor’s’’.
‘‘Offeror’’.
‘‘Contracting Officer’’.
‘‘Contractor’’.
ANPRM. Further outreach sessions, if
scheduled, will be announced in a
subsequent Federal Register notice.
I. Meetings
Information on the public outreach
session meeting dates and addresses
follows:
1. Tuesday, June 29, 2010, 9 a.m.–1
p.m., CST, 165 East Ontario Street,
Chicago, IL 60611 (Courtyard Marriott
Magnificent Mile Hotel, Ontario
Ballroom).
2. Wednesday, June 30, 2010, 9 a.m.–
1 p.m., PST, 299 Second Street, San
Francisco, CA 94105 (Courtyard
Marriott San Francisco Downtown
Hotel, Rincon Hill Ballroom).
3. Monday, July 12, 2010, 9 a.m.–1
p.m., CST, 300 Reunion Blvd, Dallas,
TX 75207 (Hyatt Regency Dallas Hotel,
Reunion Ballroom F).
4. Thursday, July 15, 2010, 9 a.m.–1
p.m., EST, 525 New Jersey Ave, NW.,
Washington, DC 20001 (Washington
Court Hotel, Atrium Ballroom).
II. Comment Format
Meeting attendees will have an
opportunity to pose questions to the
speakers and to the group as a whole. It
is the responsibility of individuals who
wish for their comments to become part
of the official public record to submit
their comments directly to the official
docket for the rulemaking. Instructions
for doing so can be found in the June
3rd ANPRM.
III. Registration
Registration is not required in order to
attend one of these public meetings. But
E:\FR\FM\15JNP1.SGM
15JNP1
]]>Agencies
[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Proposed Rules]
[Pages 33752-33757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14194]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
48 CFR Parts 919, 922, 923, 924, 925, 926, and 952
RIN 1991-AB87
Acquisition Regulation: Socioeconomic Programs
AGENCY: Department of Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is proposing to amend the
Department of Energy Acquisition Regulation (DEAR) Socioeconomic
Programs to make changes to conform to the FAR, remove out-of-date
coverage, and to update references. Today's proposed rule does not
alter substantive rights or obligations under current law.
DATES: Written comments on the proposed rulemaking must be received on
or before close of business July 15, 2010.
ADDRESSES: This proposed rule is available online at www.regulation.gov
and you may submit comments, identified by DEAR: Subchapter D and RIN
1991-AB87, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail to: DEARrulemaking@hq.doe.gov. Include DEAR:
Subchapter D and RIN 1991-AB87 in the subject line of the message.
Mail to: U.S. Department of Energy, Office of Procurement
and Assistance Management, MA-611, 1000 Independence Avenue, SW.,
[[Page 33753]]
Washington, DC 20585. Comments by e-mail are encouraged.
FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by
e-mail barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Analysis
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under the National Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Approval by the Office of the Secretary of Energy
I. Background
The objective of this action is to update the existing Department
of Energy Acquisition Regulation (DEAR) Subchapter D which has sections
that need to be updated to conform to the Federal Acquisition
Regulation (FAR). None of these changes are substantive or of a nature
to cause any significant expense for DOE or its contractors. Changes
are proposed to DEAR parts 919, 922, 923, 925, 926, and 952. A new part
924 is added to the DEAR. There are no DEAR parts 920 or 921. DEAR
parts 919 and 926 will have another proposed rule to cover additional
changes.
II. Section-by-Section Analysis
DOE proposes to amend the DEAR as follows:
1. Section 919.201 is amended by removing ``DOE'' in the first
sentence of paragraph (c) and adding in its place ``Department of
Energy (DOE)''.
2. A new section 919.502 is added and the title of section 919.502-
2 is revised to ``Total small business set-asides'' to conform to the
FAR.
3. Section 919.503 is amended by revising the heading to ``Setting
aside a class of acquisitions for small business'' and by removing
``SBA'' and adding in its place ``Small Business Administration (SBA)''
in the first sentence.
4. Section 919.7 is amended by revising the title heading to read
``The Small Business Subcontracting Program'' to conform to the FAR.
5. Sections 919.7007, 919.7009, 919.7010, and 919.7011 are amended
by revising the punctuation in the introductory text to remove the
``.'' and adding in its place ``--''.
6. Subpart 922.6 is removed and reserved. This subpart implemented
detailed instructions on protests of eligibility determinations (FAR
22.608) that were deleted from the FAR on December 20, 1996, 61 FR
67410.
7. Subpart 923.4 is removed in its entirety, including section
923.405, and reserved. The FAR has the current procedures, therefore a
DOE supplement is unnecessary.
8. Subpart 923.5 is amended by adding a new section 923.500 Scope
of subpart. This section clarifies that for contracts performed at DOE
sites, in lieu of FAR Subpart 23.5, contracting activities shall use
923.570, Workplace Substance Abuse Programs at DOE Sites.
9. Section 923.570-1 is amended by renumbering paragraph (a) and
removing paragraph (b) in its entirety. By adding the new section
923.500, paragraph (b) at 923.570-1 is not needed.
10. Section 923.570-3 is amended by correcting the clause reference
in paragraph (a) to 970.5223-4, Workplace Substance Abuse Programs at
DOE Sites.
11. Subpart 923.7 is removed in its entirety, including section
923.703, and reserved. DOE Directive 430.2B implements the Executive
Order 13149 on environmental issues.
12. Section 923.7003 is amended by adding a new paragraph (h) to
add a prescription on when to use the existing clauses at 952.223-75,
Preservation of Individual Occupational Radiation Exposure Records, in
contracts containing 952.223-71, Integration of Environment, Safety,
and Health into Work Planning and Execution, or 952.223-72, Radiation
Protection and Nuclear Criticality.
13. Part 924 is a new part being added titled Part 924--Protection
of Privacy and Freedom of Information. This new part provides the cross
reference to DOE's regulations at 10 CFR part 1008, which implement the
procedures prescribed at FAR 24.103.
14. Section 925.103(b)(2)(ii) is added to prescribe the DOE
procedures for proposed additions to the list of nonavailable items at
FAR 25.104 list.
15. Section 925.202 is renamed ``Exceptions'' to conform with the
FAR.
16. Section 925.202(b) is redesignated ``925.202(a)(2)'' and ``FAR
25.202(a)(3)'' in the first sentence is changed to read ``48 CFR
25.202(a)(2), if the cost of the materials is not expected to exceed
$100,000'' to conform with the FAR and make the paragraph more concise.
17. Subpart 925.9 is redesignated to read ``925.10'' and the title
is amended to read ``Additional Foreign Acquisition Regulations'' to
conform to the FAR.
18. Section 925.901 is redesignated to read ``925.1001 Waiver of
right to examination of records.''
19. Section 925.901(c) is redesignated to read ``925.1001(b)
Determination and findings.'' Additionally, the first sentence is
revised to read ``A determination and finding required at 48 CFR
25.1001(b) shall be forwarded to either the Director, Office of
Contract Management, Office of Procurement and Assistance Management,
or for the National Nuclear Security Administration (NNSA), to the
Director, Office of Acquisition and Supply Management, for coordination
of the Secretary's approval.''
20. Section 926.7001 is amended by removing ``Department of
Energy'' and adding in its place ``Department of Energy (DOE)'' in the
first sentence in paragraph (a), changing the punctuation in paragraph
(c) and revising paragraph (e) to read ``48 CFR subpart 15.6 and
subpart 915.6'' to conform with the FAR.
21. Sections 926.7005, 926.7006, and 926.7102 are amended by
revising the punctuation.
22. Clauses 952.223-76 and 952.223-77 are amended to update the
references to DOE Orders and Manuals.
23. Clauses 952.226-70 and 952.226-72 are amended by revising the
title of the subcontracting plan to reflect the correct name, Small
Business Subcontracting Plan.
24. Clauses 952.226-70, 952.226-71, 952.226-72, 952.226-73 are
amended to revise the punctuation.
25. Throughout, sections were amended as follows: Removing ``FAR''
or ``DEAR'' and adding ``48 CFR''; removing ``(FAR)'', ``DEAR'', or
``48 CFR''; revising the punctuation; and capitalizing Offeror,
Contractor, Contractor's and Contracting Officer.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993).
Accordingly, this rule is not subject to review under that Executive
Order by the Office of Information and Regulatory Affairs (OIRA) of the
Office of Management and Budget (OMB).
B. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996),
[[Page 33754]]
imposes on Executive agencies the general duty to adhere to the
following requirements: (1) Eliminate drafting errors and ambiguity;
(2) write regulations to minimize litigation; and (3) provide a clear
legal standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the United
States Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or, alternatively, if it is unreasonable to meet one or more of
them. DOE has completed the required review and determined that, to the
extent permitted by law, this rule meets the relevant standards of
Executive Order 12988.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
an agency prepare an initial regulatory flexibility analysis for any
regulation for which a general notice or proposed rulemaking is
required, unless the agency certifies that the rule, if promulgated,
will not have a significant economic impact on a substantial number of
small entities (5 U.S.C. 605(b)). This rule updates references in the
DEAR that apply to public contracts and does not impose any additional
requirements on small businesses. Today's proposed rule does not alter
any substantive rights or obligations. Consequently, today's proposed
rule will not have a significant cost or administrative impact on
contractors, including small entities. On the basis of the foregoing,
DOE certifies that this proposed rule would not have a significant
economic impact on a substantial number of small entities. Accordingly,
DOE has not prepared a regulatory flexibility analysis for this
rulemaking. DOE's certification and supporting statement of factual
basis will be provided to the Chief Counsel for Advocacy of the Small
Business Administration pursuant to 5 U.S.C. 605(b).
D. Review Under the Paperwork Reduction Act
This proposed rule does not impose a collection of information
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Existing burdens associated with the collection of certain
contractor data under the DEAR have been cleared under OMB control
number 1910-4100.
E. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of this proposed rule falls
into a class of actions which would not individually or cumulatively
have significant impact on the human environment, as determined by
DOE's regulations (10 CFR part 1021, subpart D) implementing the
National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et
seq.). Specifically, this proposed rule is categorically excluded from
NEPA review because the amendments to the DEAR are strictly procedural
(categorical exclusion A6). Therefore, this proposed rule does not
require an environmental impact statement or environmental assessment
pursuant to NEPA.
F. Review Under Executive Order 13132
Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies formulating and implementing policies
or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The Executive Order requires agencies to
have an accountability process to ensure meaningful and timely input by
state and local officials in the development of regulatory policies
that have federalism implications. On March 14, 2000, DOE published a
statement of policy describing the intergovernmental consultation
process it will follow in the development of such regulations (65 FR
13735). DOE has examined the proposed rule and has determined that it
does not preempt State law and does 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. No further
action is required by Executive Order 13132.
G. Review Under the Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104[boxh]4)
generally requires a Federal agency to perform a written assessment of
costs and benefits of any rule imposing a Federal mandate with costs to
State, local or tribal governments, or to the private sector, of $100
million or more. This rulemaking proposes changes that do not alter any
substantive rights or obligations. This proposed rule does not impose
any mandates.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rulemaking or policy that may affect
family well-being. This rulemaking will have no impact on the autonomy
or integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to
Office of Information and Regulatory Affairs of the Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under Executive Order 12866, or any successor order; (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
Today's proposed rule is not a significant energy action. Accordingly,
DOE has not prepared a Statement of Energy Effects.
[[Page 33755]]
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed the
proposed rule under the OMB and DOE guidelines and has concluded that
it is consistent with applicable policies in those guidelines.
K. Approval by the Office of the Secretary of Energy
Issuance of this proposed rule has been approved by the Office of
the Secretary.
List of Subjects in 48 CFR Parts 919, 922, 923, 924, 925, 926, and
952
Government procurement.
Issued in Washington, DC, on May 19, 2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and Assistance Management,
Department of Energy.
Joseph F. Waddell,
Acting Director, Office of Acquisition and Supply Management, National
Nuclear Security Administration.
For the reasons set out in the preamble, the Department of Energy
is proposing to amend Chapter 9 of Title 48 of the Code of Federal
Regulations as set forth below.
1. The authority citation for parts 919 and 926 is revised to read
as follows:
Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.
PART 919--SMALL BUSINESS PROGRAMS
Sec. 919.201 [Amended]
2. Section 919.201 is amended by removing ``DOE'' and adding in its
place ``Department of Energy (DOE)'' in the first sentence in paragraph
(c).
2a. New section 919.502 is added to part 919 to read as follows:
Sec. 919.502 Setting aside acquisitions.
3. Section 919.502-2 heading is revised to read:
Sec. 919.502-2 Total small business set-asides.
* * * * *
4. Section 919.503 is amended by revising the heading as set forth
below and by removing ``SBA'' and adding in its place ``Small Business
Administration (SBA)'' in the first sentence.
Sec. 919.503 Setting aside a class of acquisitions for small
business.
* * * * *
Subpart 919.7--The Small Business Subcontracting Program
5. Subpart 919.7 heading is revised to read as set forth above.
Sec. 919.7007 [Amended]
6. Section 919.7007 is amended by removing the ``:'' in paragraph
(a) introductory text and adding in its place ``--''.
Sec. 919.7009 [Amended]
7. Section 919.7009 is amended by removing the ``.'' in the
introductory text and adding in its place ``--''.
Sec. 919.7010 [Amended]
8. Section 919.7010 is amended by removing the ``:'' in the
introductory text and adding in its place ``--''.
Sec. 919.7011 [Amended]
9. Section 919.7011 is amended by removing the ``:'' in paragraphs
(a) introductory text and (a)(1) and adding in its place ``--''.
10. The authority citation for parts 922, 923, and 925 continues to
read as follows:
Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.
PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
Subpart 922.6 [Removed and Reserved]
11. Subpart 922.6 is removed and reserved.
PART 923--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
Subpart 923.4 [Removed and Reserved]
12. Subpart 923.4 is removed and reserved.
13. Add a new section 923.500 to subpart 923.5 to read as follows:
Sec. 923.500 Scope of subpart.
For contracts performed at DOE sites, in lieu of 48 CFR subpart
23.5, contracting activities shall use 923.570, Workplace Substance
Abuse Programs at DOE Sites.
14. Section 923.570-1 is revised to read as follows:
Sec. 923.570-1 Applicability.
The policies, criteria, and procedure specified in 10 CFR part 707,
Workplace Substance Abuse Programs at DOE Sites, apply to contracts for
work performed at sites owned or controlled by DOE and operated under
the authority of the Atomic Energy Act of 1954, as amended, where such
work--
(a) Has a value of $25,000 or more; and
(b) Has been determined by DOE to involve--
(1) Access to or handling of classified information or special
nuclear materials;
(2) High risk of danger to life, the environment, public health and
safety or national security; or
(3) The transportation of hazardous materials to or from a DOE
site.
15. Section 923.570-3 is amended by removing ``970.5223'' in
paragraph (a) and adding in its place ``970.5223-4''.
Subpart 923.7 [Removed and Reserved]
16. Subpart 923.7 is removed and reserved.
17. Section 923.7003 is amended by adding a new paragraph (h) to
read as follows:
Sec. 923.7003 Contract clauses.
* * * * *
(h) The contracting officer shall insert the clause at 952.223-75,
Preservation of Individual Occupational Radiation Exposure Records, in
contracts containing 952.223-71, Integration of Environment, Safety,
and Health into Work Planning and Execution, or 952.223-72, Radiation
Protection and Nuclear Criticality.
18. Add a new part 924 to Subchapter D to read as follows:
PART 924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 924.1--Protection of Individual Privacy
Sec.
924.103 Procedures.
Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.
Subpart 924.1--Protection of Individual Privacy
Sec. 924.103 Procedures.
(b)(2) The Department of Energy rules and regulations on Privacy
Act are implemented under 10 CFR part 1008.
[[Page 33756]]
PART 925--FOREIGN ACQUISITION
19. Section 925.103 is amended by adding a new paragraph (b)(2)(ii)
to read as follows:
Sec. 925.103 Exceptions.
* * * * *
(b) (2) (ii) Proposals to add an article to the list of
nonavailable articles at 48 CFR 25.104, with appropriate
justifications, shall be submitted for approval by the Senior
Procurement Executive and submission to the appropriate council.
20. Section 925.202 is revised to read as follows:
Sec. 925.202 Exceptions.
(a)(2) Contracting officers may make the determination required by
48 CFR 25.202(a)(2), if the cost of the materials is not expected to
exceed $100,000.
Subpart 925.9 [Removed and Reserved]
21. Subpart 925.9 is removed and reserved.
22. Add a new subpart 925.10 consisting of 925.1001 to part 925 to
read as follows:
Subpart 925.10--Additional Foreign Acquisition Regulations
Sec. 925.1001 Waiver of right to examination of records.
(b) Determination and findings. A determination and finding
required by 48 CFR 25.1001(b) shall be forwarded to either the
Director, Office of Contract Management, Office of Procurement and
Assistance Management, or for the National Nuclear Security
Administration (NNSA), to the Director, Office of Acquisition and
Supply Management, for coordination of the Secretary's approval.
PART 926--OTHER SOCIOECONOMIC PROGRAMS
Sec. 926.7001 [Amended]
23. Section 926.7001 is amended by:
a. Removing ``Department of Energy'' and adding in its place
``Department of Energy (DOE)'' in the first sentence in paragraph (a);
b. Removing the ``:'' in paragraph (c) introductory text and adding
in its place ``--''; and
c. Removing ``(FAR) 48 CFR 15.6 and (DEAR) 48 CFR 915.6.'' in
paragraph (e) and adding in its place ``48 CFR subpart 15.6 and subpart
915.6.''
Sec. 926.7005 [Amended]
24. Section 926.7005 is amended by removing the ``:'' in paragraph
(b)(1) introductory text and adding in its place ``--''.
Sec. 926.7006 [Amended]
25. Section 926.7006 is amended by removing the ``:'' in paragraph
(a) introductory text and adding in its place ``--''.
Sec. 926.7102 [Amended]
26. Section 926.7102 is amended by removing the ``,'' and adding in
its place ``;'' at the end of paragraphs (1) and (2).
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
27. The authority citation for part 952 continues to read as
follows:
Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.
28. Section 952.223-76 clause is amended by revising the date of
the clause and revising paragraphs (d)(1)(i), (d)(2)(i) and (d)(3)(i)
to read as follows:
Sec. 952.223-76 Conditional payment of fee or profit--safeguarding
restricted data and other classified information and protection of
worker safety and health.
* * * * *
CONDITIONAL PAYMENT OF FEE OR PROFIT--SAFEGUARDING RESTRICTED DATA AND
OTHER CLASSIFIED INFORMATION AND PROTECTION OF WORKER SAFETY AND HEALTH
(XXX 20XX)
* * * * *
(d) * * *
(1) * * *
(i) Type A accident (defined in DOE Order 225.1A, Accident
Investigations, or its successor).
* * * * *
(2) * * *
(i) Type B accident (defined in DOE Order 225.1A, Accident
Investigations, or its successor).
* * * * *
(3) * * *
(i) Failure to implement effective corrective actions to address
deficiencies/non-compliance documented through external (e.g., Federal)
oversight and/or reported per DOE Manual 231.1-2, Occurrence Reporting
and Processing of Operations Information, or it successor,
requirements, or internal oversight of DOE Order 470.2B, Independent
Oversight and Performance Assurance Program, or it successor,
requirements.
* * * * *
29. Section 952.223-77 is amended by revising the date of the
clause and revising paragraphs (c)(1)(i), (c)(2)(i) and (c)(3)(i) to
read as follows:
Sec. 952.223-77 Conditional payment of fee or profit--protection of
worker safety and health.
* * * * *
CONDITIONAL PAYMENT OF FEE OR PROFIT--PROTECTION OF WORKER SAFETY AND
HEALTH (XXX 20XX)
* * * * *
(c) * * *
(1) * * *
(i) Type A accident (defined in DOE Order 225.1A, Accident
Investigations, or its successor).
* * * * *
(2) * * *
(i) Type B accident (defined in DOE Order 225.1A, Accident
Investigations, or its successor).
* * * * *
(3) * * *
(i) Failure to implement effective corrective actions to address
deficiencies/non-compliance documented through external (e.g., Federal)
oversight and/or reported per DOE Manual 231.1-2, Occurrence Reporting
and Processing of Operations Information, or it successor,
requirements, or internal oversight of DOE Order 470.2B, Independent
Oversight and Performance Assurance Program, or it successor,
requirements.
* * * * *
Sec. 952.226-70 [Amended]
30. Section 952.226-70 is amended by:
a. Removing the ``:'' in paragraphs (a) introductory text and
(a)(1) and adding in its place ``--''; and
b. Removing ``Small, Small Disadvantaged and Women-Owned
Subcontracting Plan'' in paragraphs (c) and (d) and adding in its place
``Small Business Subcontracting Plan''.
Sec. 952.226-71 [Amended]
31. Section 952.226-71 is amended by removing the ``:'' in
paragraphs (a) introductory text and (a)(1) and adding in its place
``--''.
Sec. 952.226-72 [Amended]
32. Section 952.226-72 is amended by:
a. Removing the ``:'' in paragraphs (a) introductory text and
(a)(1) and adding in its place ``--'';
b. Removing the ``:'' in paragraph (b) and adding in its place ``--
'';
c. Adding ``and'' in paragraph (b)(2) after the ``;''; and
d. Removing ``Small, Small Disadvantaged and Women-Owned
Subcontracting Plan'' in paragraph (c)(2) and adding in its place
``Small Business Subcontracting Plan''.
Sec. 952.226-73 [Amended]
33. Section 952.226-73 is amended by:
a. Removing the ``:'' in paragraph (a)(1) and adding in its place
``--''; and
[[Page 33757]]
b. Removing the ``,'' in paragraph (a)(1)(i) and adding in its
place ``;''.
Sec. 952.226-74 [Amended]
34. Section 952.226-74 is amended by removing ``48 CFR (DEAR)''
before ``926.7104'' in the introductory sentence.
Sec. 919.501, 919.705-6, 919.805-2, 922.103-5, 925.103, 952.219-70,
952.225-70, 952.226-70, 952.226-72, 952.226-73, and 952.226-
74 [Amended]
35. In the table below, for each section indicated in the left
column, remove the word indicated in the middle column from where it
appears in the section, and add the word in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
919.501(g)............................. ``FAR 19.501(g),''........ ``48 CFR 19.501,''.
919.705-6.............................. ``FAR''................... ``48 CFR''.
919.805-2.............................. ``FAR''................... ``48 CFR chapter 1''.
919.805-2.............................. ``13 CFR 124.311(e)(1)''.. ``13 CFR 124''.
922.103-5 in 3 places.................. ``FAR''................... ``48 CFR''.
923.570-3(a)........................... ``FAR''................... ``48 CFR''.
925.103(a)............................. ``FAR''................... ``48 CFR''.
952.219-70 in the provision second ``contractor's''.......... ``Contractor's''.
sentence.
952.225-70(b).......................... ``contractor''............ ``Contractor''.
952.226-70(c).......................... ``offeror''............... ``Offeror''.
952.226-72(b).......................... ``contractor''............ ``Contractor''.
952.226-72(c)(1)....................... ``contractor''............ ``Contractor''.
952.226-72(c)(1)....................... ``contracting officer''... ``Contracting Officer''.
952.226-72(c)(2)....................... ``contractor's''.......... ``Contractor's''.
952.226-73(a) introductory text, and ``offeror''............... ``Offeror''.
(b) in 2 places.
952.226-73(b).......................... ``contracting officer''... ``Contracting Officer''.
952.226-74(b) at its second occurrence. ``contractor''............ ``Contractor''.
----------------------------------------------------------------------------------------------------------------
Sec. 919.7008, 919.7010, 919.7011, 919.7012, 922.800, 926.7006,
926.7007, 926.7104 [Amended]
36. In the table below, for each section indicated in the left
column, remove the word indicated in the right column from where it
appears in the section:
------------------------------------------------------------------------
Section Remove
------------------------------------------------------------------------
919.7008............................... ``48 CFR''.
919.7010(c) and (k).................... ``48 CFR''.
919.7011(b)............................ ``48 CFR''.
919.7012(a)............................ ``48 CFR''.
922.800................................ ``(FAR)''.
926.7006(c)............................ ``(FAR)''.
926.7007(d)............................ ``48 CFR''.
926.7007(e)............................ ``(FAR)''.
926.7104............................... 48 CFR (DEAR)''.
------------------------------------------------------------------------
[FR Doc. 2010-14194 Filed 6-14-10; 8:45 am]
BILLING CODE 6450-01-P
