Federal Acquisition Regulation; FAR Case 2009-018, Payrolls and Basic Records, 34286-34291 [2010-14182]

Download as PDF 34286 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES 1. FAR 31.205–6(q)(2)(i) is deleted in its entirety to reflect the amendments promulgated by the CAS Board on May 1, 2008. 2. FAR 31.205–6(q)(2)(ii) through (vi) are redesignated as paragraphs FAR 31.205–6(q)(2)(i) through (v) due to the deletion of the existing FAR 31.205– 6(q)(2)(i). 3. Redesignated FAR 31.205–6(q)(2)(i) is revised to reflect the amendments promulgated by the CAS Board on May 1, 2008. 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 interim 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 affected small businesses are currently required to comply with CAS 412 and CAS 415. While small businesses are otherwise not subject to CAS, they are subject to selected standards for the purpose of determining allowability of costs under Government contracts. Among these standards are CAS 412 and CAS 415 as set forth in FAR 31.205– 6(q). For small businesses currently using CAS 415, there will be no increase in cost or effort. For small businesses that must change from CAS 412 to CAS 415, the possible change from measuring costs in accordance with CAS 412 to CAS 415 would result, at most, in a negligible increase in administrative burden because of the similarities between CAS 412 and 415. The potential increase of administrative effort, albeit minor, will be offset by the uniformity and consistency in accounting for deferred compensation costs achieved by this rule that will benefit all entities by reducing their administrative burden. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. The Councils will also consider comments from small entities concerning the existing regulations in FAR part 31 affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAC 2005–42, FAR Case 2009–026) in all correspondence. VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 C. Paperwork Reduction Act DEPARTMENT OF DEFENSE The Paperwork Reduction Act does not apply because the 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. GENERAL SERVICES ADMINISTRATION D. Determination to Issue an Interim Rule [FAC 2005–42; FAR Case 2009–018; Item XI; Docket 2010–0082, Sequence 1] A determination has been made under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because this rule implements a final rule promulgated by the CAS Board, which went into effect on June 2, 2008. Further, the CAS Board rule already gone through the public rulemaking process. However, pursuant to Public Law 98–577 and FAR 1.5013(b), the Councils will consider public comments received in response to this interim rule in the formation of the final rule. RIN 9000–AL53 List of Subjects in 48 CFR Part 31 Government procurement. Dated: June 2, 2010. Edward Loeb, Acting Director, Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR part 31 as set forth below: ■ PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES 1. The authority citation for 48 CFR part 31 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). 2. Amend section 31.205–6 by removing paragraph (q)(2)(i); redesignating paragraphs (q)(2)(ii) through (q)(2)(vi) as paragraphs (q)(2)(i) through (q)(2)(v), respectively; and revising the newly redesignated (q)(2)(i) to read as follows: ■ 31.205–6 Compensation for personal services. * * * * * (q) * * * (2) * * * (i) The contractor measures, assigns, and allocates costs in accordance with 48 CFR 9904.415. * * * * * [FR Doc. 2010–14181 Filed 6–15–10; 8:45 am] BILLING CODE 6820–EP–S PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 52 and 53 Federal Acquisition Regulation; FAR Case 2009–018, Payrolls and Basic Records AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to revise the FAR clause, Payrolls and Basic Records. This revision implements a Department of Labor rule to protect the privacy of workers. Effective Date: June 16, 2010. Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before August 16, 2010 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–42, FAR Case 2009–018, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2009–018’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2009–018’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2009–018’’ 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 FAC 2005–42, FAR Case 2009–018, in all correspondence related to this case. All comments received will be posted without change to http:// DATES: E:\FR\FM\16JNR3.SGM 16JNR3 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–42, FAR Case 2009–018. SUPPLEMENTARY INFORMATION: A. Background This interim rule incorporates changes from the Department of Labor’s (DOL) final rule, Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction, published in the Federal Register at 73 FR 77504 on December 19, 2008, that removed the requirement to submit complete social security numbers and home addresses of individual workers in weekly payroll submissions. The DOL concluded that such disclosure of personal information from the prime contractor was unnecessary and created an increased risk of privacy violations. sroberts on DSKD5P82C1PROD with RULES B. Discussion As a result of the changes that DOL instituted regarding the submission of payroll data, the clause at FAR 52.222– 8, Payrolls and Basic Records, is revised to delete the requirement for submission of full social security numbers and home addresses of individual workers from the prime contractor on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The information may be submitted in any form desired, but this rule provides a link to the DOL’s Wage and Hour Division website where Optional Form WH–347 is available for the purpose of submitting payroll information. The rule requires contractors and subcontractors to maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting officer, the contractor, or the Wage and Hour Division of the DOL for purposes of an investigation or audit of compliance with prevailing wage requirements. 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. VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 C. Regulatory Flexibility Act The Councils do not expect this interim rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this rule provides relief for contractors from submitting more personal information than is necessary in the weekly payroll submissions and will not impose any measurable costs on contractors. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. The Councils will also consider comments from small entities concerning the existing regulations in parts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAC 2005–42, FAR Case 2009–018) in all correspondence. D. Paperwork Reduction Act The Paperwork Reduction Act does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under the Office of Management and Budget (OMB) Control Number 1215–0149, assigned to the DOL. The interim rule affects the certification and information collection requirements in the provisions at FAR 52.222–8(b)(1) and 53.303–WH–347. The impact of this requirement will not impose any measurable costs on any private or public sector entity. As stated in the DOL rule, the Department believes that a reduction in the amount of information required on certified payrolls provided weekly under the Davis-Bacon Act is a reduction in regulatory compliance costs. While some contractors may have to slightly reconfigure their systems to produce the revised version, most have access to computerized systems that can easily be revised to remove data. Those contractors who currently use the Optional Form WH–347 will actually have an overall decrease of total administrative costs. The DOL published a notice in the Federal Register at 74 FR 2862 on January 16, 2009, announcing that the OMB approved the DOL information collection request titled ‘‘Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 34287 Assisted Construction, Effectiveness of Information Collection Requirements’’. E. Determination to Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because the DOL has already published a final rule in the Federal Register at 73 FR 77504 on December 19, 2008, deleting the requirement for submission of full social security numbers and home addresses of employees as part of weekly payroll submissions for prime contractors. The effective date of the DOL rule was January 18, 2009. However, pursuant to Public Law 98–577 and FAR 1.501-3(b), the Councils will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Parts 52 and 53 Government procurement. Dated: June 2, 2010. Edward Loeb, Acting Director, Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 52 and 53 as set forth below: ■ 1. The authority citation for 48 CFR parts 52 and 53 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 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 2. Amend section 52.222–8 by revising the date of the clause and paragraph (b)(1) to read as follows: ■ 52.222–8 * * Payrolls and Basic Records. * * * PAYROLLS AND BASIC RECORDS (JUN 2010) * * * * * (b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph(a) of this clause, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an E:\FR\FM\16JNR3.SGM 16JNR3 34288 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations sroberts on DSKD5P82C1PROD with RULES individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division website at http://www.dol.gov/whd/forms/ wh347.pdf. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 Prime Contractor for its own records, without weekly submission to the Contracting Officer. * * * * * PART 53—FORMS 3. Amend section 53.303–WH–347 by revising the form to read as follows: ■ 53.303–WH–347 Department of Labor Form WH–347, Payroll (For Contractor’s Optional Use). BILLING CODE 6820–EP–S E:\FR\FM\16JNR3.SGM 16JNR3 VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4725 E:\FR\FM\16JNR3.SGM 16JNR3 34289 ER16JN10.004</GPH> sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations VerDate Mar<15>2010 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 16:33 Jun 15, 2010 Jkt 220001 PO 00000 Frm 00036 Fmt 4701 Sfmt 9990 E:\FR\FM\16JNR3.SGM 16JNR3 ER16JN10.005</GPH> sroberts on DSKD5P82C1PROD with RULES 34290 34291 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 1. The authority citation for 48 CFR parts 31, 49, and 52 continues to read as follows: ■ [FR Doc. 2010–14182 Filed 6–15–10; 8:45 am] BILLING CODE 6820–EP–C Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 31.205–6 2. Amend section 31.205–6 by removing paragraph (o)(6). [FAC 2005–42; Item XII; Docket 2010–0078; Sequence 2] 31.205–16 [Amended] 3. Amend section 31.205–16 by removing the last sentence of paragraph (c). ■ Federal Acquisition Regulation; Technical Amendments AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes. DATES: Effective Date: June 16, 2010. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1800 F Street, NW., Room 4041, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–42, Technical Amendments. SUPPLEMENTARY INFORMATION: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes. SUMMARY: List of Subjects in 48 CFR Parts 31, 49, and 52 Government procurement. Dated: June 2, 2010. Edward Loeb, Acting Director, Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 31, 49, and 52 as set forth below: ■ GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Amended] ■ 48 CFR Parts 31, 49 and 52 DEPARTMENT OF DEFENSE PART 49—TERMINATION OF CONTRACTS [Docket FAR 2010–0077, Sequence 4] Federal Acquisition Regulation; Federal Acquisition Circular 2005–42; Small Entity Compliance Guide AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: 4. Amend section 49.505 by revising paragraph (a) and the last sentence of paragraph (b) to read as follows: ■ 49.505 Other termination clauses. (a) Personal service contracts. The contracting officer shall insert the clause at 52.249–12, Termination (Personal Services), in solicitations and contracts for personal services (see Part 37). (b) * * * The contracting officer shall also insert the clause in time-andmaterial contracts, and labor-hour contracts. * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 52.222–34 [Amended] 5. Amend section 52.222–34 by removing from paragraph (d) of Alternate I ‘‘provision’’ and adding ‘‘clause’’ in its place. ■ [FR Doc. 2010–14185 Filed 6–15–10; 8:45 am] BILLING CODE 6820–EP–S Small Entity Compliance Guide. SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of the summaries of the rules appearing in Federal Acquisition Circular (FAC) 2005–42 which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2005–42 which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below. Please cite FAC 2005–42 and the specific FAR case number. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. RULES LISTED IN FAC 2005–42 Item Subject I ............ II ........... III .......... American Recovery and Reinvestment Act (the RecoveryAct) of 2009—Whistleblower Protections Electronic Subcontracting Reporting System (eSRS) ......................................................................... American Recovery and Reinvestment Act of 2009 (the Recovery Act)—Publicizing Contract Actions. Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts—Section 844 of the National Defense Authorization Act for Fiscal Year 2008. Additional Requirements for Market Research (Interim) ..................................................................... American Recovery and Reinvestment Act of 2009 (Recovery Act)—GAO/IG Access ..................... New Designated Country—Taiwan ..................................................................................................... Nonavailable Articles ........................................................................................................................... Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns (Interim). Compensation for Personal Services (Interim) ................................................................................... Payrolls and Basic Records (Interim) .................................................................................................. sroberts on DSKD5P82C1PROD with RULES IV .......... V ........... VI .......... VII ......... VIII ........ IX .......... X ........... XI .......... VerDate Mar<15>2010 16:33 Jun 15, 2010 Jkt 220001 PO 00000 Frm 00037 Fmt 4701 FAR case Sfmt 4700 E:\FR\FM\16JNR3.SGM 16JNR3 Analyst 2009–012 2005–040 2009–010 Parnell. Cundiff. Jackson. 2008–003 Woodson. 2008–007 2009–011 2009–014 2009–013 2009–025 Blankenship. Chambers. Sakalos. Davis. Chambers. 2009–026 2009–018 Chambers. Woodson.

Agencies

[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 34286-34291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14182]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 52 and 53

[FAC 2005-42; FAR Case 2009-018; Item XI; Docket 2010-0082, Sequence 1]
RIN 9000-AL53


Federal Acquisition Regulation; FAR Case 2009-018, Payrolls and 
Basic Records

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are issuing an interim rule 
amending the Federal Acquisition Regulation (FAR) to revise the FAR 
clause, Payrolls and Basic Records. This revision implements a 
Department of Labor rule to protect the privacy of workers.

DATES: Effective Date: June 16, 2010.
    Comment Date: Interested parties should submit written comments to 
the Regulatory Secretariat on or before August 16, 2010 to be 
considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-42, FAR Case 2009-
018, by any of the following methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``FAR Case 2009-018'' under the heading ``Enter Keyword or ID'' and 
selecting ``Search''. Select the link ``Submit a Comment'' that 
corresponds with ``FAR Case 2009-018''. Follow the instructions 
provided at the ``Submit a Comment'' screen. Please include your name, 
company name (if any), and ``FAR Case 2009-018'' 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 FAC 2005-42, FAR 
Case 2009-018, in all correspondence related to this case. All comments 
received will be posted without change to http://

[[Page 34287]]

www.regulations.gov, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-42, FAR 
Case 2009-018.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule incorporates changes from the Department of 
Labor's (DOL) final rule, Protecting the Privacy of Workers: Labor 
Standards Provisions Applicable to Contracts Covering Federally 
Financed and Assisted Construction, published in the Federal Register 
at 73 FR 77504 on December 19, 2008, that removed the requirement to 
submit complete social security numbers and home addresses of 
individual workers in weekly payroll submissions. The DOL concluded 
that such disclosure of personal information from the prime contractor 
was unnecessary and created an increased risk of privacy violations.

B. Discussion

    As a result of the changes that DOL instituted regarding the 
submission of payroll data, the clause at FAR 52.222-8, Payrolls and 
Basic Records, is revised to delete the requirement for submission of 
full social security numbers and home addresses of individual workers 
from the prime contractor on weekly transmittals. Instead the payrolls 
shall only need to include an individually identifying number for each 
employee (e.g., the last four digits of the employee's social security 
number). The information may be submitted in any form desired, but this 
rule provides a link to the DOL's Wage and Hour Division website where 
Optional Form WH-347 is available for the purpose of submitting payroll 
information. The rule requires contractors and subcontractors to 
maintain the full social security number and current address of each 
covered worker, and shall provide them upon request to the contracting 
officer, the contractor, or the Wage and Hour Division of the DOL for 
purposes of an investigation or audit of compliance with prevailing 
wage requirements.
    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.

C. Regulatory Flexibility Act

    The Councils do not expect this interim rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because this rule provides relief for contractors from submitting more 
personal information than is necessary in the weekly payroll 
submissions and will not impose any measurable costs on contractors. 
Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. The Councils invite comments from small business concerns 
and other interested parties on the expected impact of this rule on 
small entities.
    The Councils will also consider comments from small entities 
concerning the existing regulations in parts affected by this rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAC 2005-42, FAR Case 
2009-018) in all correspondence.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under the Office of Management 
and Budget (OMB) Control Number 1215-0149, assigned to the DOL. The 
interim rule affects the certification and information collection 
requirements in the provisions at FAR 52.222-8(b)(1) and 53.303-WH-347. 
The impact of this requirement will not impose any measurable costs on 
any private or public sector entity. As stated in the DOL rule, the 
Department believes that a reduction in the amount of information 
required on certified payrolls provided weekly under the Davis-Bacon 
Act is a reduction in regulatory compliance costs. While some 
contractors may have to slightly reconfigure their systems to produce 
the revised version, most have access to computerized systems that can 
easily be revised to remove data. Those contractors who currently use 
the Optional Form WH-347 will actually have an overall decrease of 
total administrative costs. The DOL published a notice in the Federal 
Register at 74 FR 2862 on January 16, 2009, announcing that the OMB 
approved the DOL information collection request titled ``Protecting the 
Privacy of Workers: Labor Standards Provisions Applicable to Contracts 
Covering Federally Financed and Assisted Construction, Effectiveness of 
Information Collection Requirements''.

E. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because the DOL has already published a final rule in the 
Federal Register at 73 FR 77504 on December 19, 2008, deleting the 
requirement for submission of full social security numbers and home 
addresses of employees as part of weekly payroll submissions for prime 
contractors. The effective date of the DOL rule was January 18, 2009. 
However, pursuant to Public Law 98-577 and FAR 1.501-3(b), the Councils 
will consider public comments received in response to this interim rule 
in the formation of the final rule.

List of Subjects in 48 CFR Parts 52 and 53

    Government procurement.

    Dated: June 2, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 52 and 53 as set forth 
below:
0
1. The authority citation for 48 CFR parts 52 and 53 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 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
2. Amend section 52.222-8 by revising the date of the clause and 
paragraph (b)(1) to read as follows:


52.222-8  Payrolls and Basic Records.

* * * * *
    PAYROLLS AND BASIC RECORDS (JUN 2010)
* * * * *
    (b)(1) The Contractor shall submit weekly for each week in which 
any contract work is performed a copy of all payrolls to the 
Contracting Officer. The payrolls submitted shall set out accurately 
and completely all of the information required to be maintained under 
paragraph(a) of this clause, except that full social security numbers 
and home addresses shall not be included on weekly transmittals. 
Instead the payrolls shall only need to include an

[[Page 34288]]

individually identifying number for each employee (e.g., the last four 
digits of the employee's social security number). The required weekly 
payroll information may be submitted in any form desired. Optional Form 
WH-347 is available for this purpose and may be obtained from the U.S. 
Department of Labor Wage and Hour Division website at http://www.dol.gov/whd/forms/wh347.pdf. The Prime Contractor is responsible 
for the submission of copies of payrolls by all subcontractors. 
Contractors and subcontractors shall maintain the full social security 
number and current address of each covered worker, and shall provide 
them upon request to the Contracting Officer, the Contractor, or the 
Wage and Hour Division of the Department of Labor for purposes of an 
investigation or audit of compliance with prevailing wage requirements. 
It is not a violation of this section for a Prime Contractor to require 
a subcontractor to provide addresses and social security numbers to the 
Prime Contractor for its own records, without weekly submission to the 
Contracting Officer.
* * * * *

PART 53--FORMS

0
3. Amend section 53.303-WH-347 by revising the form to read as follows:

53.303-WH-347 Department of Labor Form WH-347, Payroll (For 
Contractor's Optional Use).

BILLING CODE 6820-EP-S

[[Page 34289]]

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[[Page 34290]]


[GRAPHIC] [TIFF OMITTED] TR16JN10.005


[[Page 34291]]


[FR Doc. 2010-14182 Filed 6-15-10; 8:45 am]
BILLING CODE 6820-EP-C