Acquisition Regulation: Socioeconomic Programs, 69009-69014 [2010-27869]
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(N-(7-fluoro-3,4-dihydro-3-oxo-4-prop-2ynyl-2H-1,4-benzoxazin-6-yl)cyclohex1-ene-1-carboxamide-2-carboxylic acid),
in or on fish, freshwater at 1.5 ppm.
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under section 408(d) of FFDCA in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
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to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
*
VII. Congressional Review Act
ACTION:
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: October 28, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.568 is amended by
alphabetically adding the following
commodity to the table in paragraph (a)
to read as follows:
■
(a) * * *
Parts per
million
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*
Fish, freshwater ....................
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[FR Doc. 2010–28132 Filed 11–9–10; 8:45 am]
BILLING CODE 6560–50–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.
Final rule.
AGENCY:
The Department of Energy
(DOE) is amending the Department of
Energy Acquisition Regulation (DEAR)
Socioeconomic Programs to make
changes to conform to the Federal
Acquisition Regulation (FAR), remove
out-of-date coverage, and update
references. Today’s rule does not alter
substantive rights or obligations under
current law.
DATES: Effective Date: December 10,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Barbara Binney at (202) 287–1340 or by
e-mail, barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Comments and Responses
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. Review Under the Small Business
Regulatory Enforcement Fairness Act of
1996
L. Approval by the Office of the Secretary
of Energy
I. Background
§ 180.568 Flumioxazin; tolerances for
residues.
Commodity
*
69009
*
This final rule amends the existing
Department of Energy Acquisition
Regulation (DEAR) Subchapter D—
Socioeconomic Programs. The purpose
of this rule is to update DEAR
Subchapter D—Socioeconomic
Programs to conform it to the FAR.
Changes are 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
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and 926 will have another proposed rule
to cover additional changes. None of
today’s changes are substantive or of a
nature to cause any significant expense
for DOE or its contractors.
II. Discussion
DOE published a notice of proposed
rulemaking on June 15, 2010 (75 FR
33752), with a public comment period
ending on July 15, 2010. DOE received
no comments.
DOE amends the DEAR as follows:
1. Section 919.201 is amended to
remove ‘‘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 to
revise 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 to revise
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 to
revise 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. Part 923 is amended by revising the
heading to read Environment, Energy
and Water Efficiency, Renewable Energy
Technologies, Occupational Safety, and
Drug Free Workplace.
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. 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
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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.
12. 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.
13. 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.
14. Section 925.202 is renamed
‘‘Exceptions’’ to conform with the FAR.
15. 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.
16. 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.
17. Section 925.901 is redesignated to
read ‘‘925.1001 Waiver of right to
examination of records.’’
18. 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.’’
19. 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.
20. Sections 926.7005, 926.7006, and
926.7102 are amended by revising the
punctuation.
21. Sections 952.223–76 and 952.223–
77 are amended to update the clauses to
references to DOE Orders and Manuals.
22. Sections 952.226–70 and 952.226–
72 are amended by revising the two
clause titles of the subcontracting plan
to reflect the correct name, Small
Business Subcontracting Plan.
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23. Sections 952.226–70, 952.226–71,
952.226–72, 952.226–73 are amended to
revise the clauses’ punctuation.
24. 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),
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 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.
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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 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 rule does not alter
any substantive rights or obligations
and, consequently, today’s 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 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).
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D. Review Under the Paperwork
Reduction Act
This final 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 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 rule is categorically
excluded from NEPA review because
the amendments to the DEAR are
strictly procedural (categorical
exclusion A6). Therefore, today’s 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
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69011
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 today’s 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.
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 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 rule is not
a significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects.
G. Review Under the Unfunded
Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) 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 rule does not
impose any federal mandate on state,
local or tribal governments or on the
private sector.
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 today’s rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
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 rule 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
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
K. Review Under the Small Business
Regulatory Enforcement Fairness Act of
1996
As required by 5 U.S.C. 801, the
Department will report to Congress
promulgation of this rule prior to its
effective date. The report will state that
it has been determined that the rule is
not a ‘‘major rule’’ as defined by 5 U.S.C.
804(3).
L. Approval by the Office of the
Secretary of Energy Issuance of today’s
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.
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Issued in Washington, DC, on October 27,
2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and
Assistance Management, Department of
Energy.
Joseph F. Waddell,
Director, Office of Acquisition and Supply
Management, National Nuclear Security
Administration.
For the reasons set out in the
preamble, the Department of Energy
amends 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.
introductory text and adding in its place
‘‘—’’.
919.502
919.7009
Setting aside acquisitions.
4. Section 919.502–2 heading is
revised to read:
919.503 Setting aside a class of
acquisitions for small business.
■
8. Section 919.7009 is amended by
removing the ‘‘.’’ in the introductory text
919.502–2 Total small business set-asides. and adding in its place ‘‘—’’.
*
*
*
*
*
919.7010 [Amended]
■ 5. Section 919.503 is amended by
revising the heading as set forth below
■ 9. Section 919.7010 is amended by
and by removing ‘‘SBA’’ and adding in
removing the ‘‘:’’ in the introductory text
its place ‘‘Small Business
and adding in its place ‘‘—’’.
Administration (SBA)’’ in the first
sentence.
919.7011 [Amended]
*
*
*
*
Subpart 919.7—The Small Business
Subcontracting Program
6. Subpart 919.7 heading is revised to
read as set forth above.
■
[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).
■
919.7007
[Amended]
7. Section 919.7007 is amended by
removing the ‘‘:’’ in paragraph (a)
■
Section
919.501(g)
919.705–6
919.805–2
919.805–2
919.7008, 919.7010, 919.7011, 919.7012
[Amended]
12. In the table below, for each section
indicated in the left column, remove the
word indicated in the right column from
wherever it appears in the section:
15. Subpart 922.6 is removed and
reserved.
■
922.800
[Amended]
16. Section 922.800 is amended by
removing ‘‘(FAR)’’.
■
Remove
‘‘48
‘‘48
‘‘48
‘‘48
CFR’’.
CFR’’.
CFR’’.
CFR’’.
13. 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 923—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
17. The heading for part 923 is revised
to read as set forth above.
■
18. Add a new section 923.500 to
subpart 923.5 to read as follows:
■
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PART 922—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITION
922.103–5
[Amended]
14. Section 922.103–5 is amended by
removing ‘‘FAR’’ in 3 places and adding
in its place ‘‘48 CFR’’.
■
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.
19. Section 923.570–1 is revised to
read as follows:
■
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[Amended]
11. In the table below, for each section
indicated in the left column, remove the
word indicated in the middle column
from wherever it appears in the section,
and add the word in the right column:
■
Add
‘‘FAR 19.501(g),’’ ..........................................................................
‘‘FAR’’ ............................................................................................
‘‘the FAR’’ ......................................................................................
‘‘13 CFR 124.311(e)(1)’’ ................................................................
Subpart 922.6—[Removed and
Reserved]
■
919.7008(a) ...............
919.7010(c) and (k) ..
919.7011(b) ...............
919.7012(a) ...............
10. Section 919.7011 is amended by
removing the ‘‘:’’ in paragraphs (a)
introductory text and (a)(1) and adding
in its place ‘‘—’’.
Remove
....................................................................
....................................................................
....................................................................
....................................................................
Section
[Amended]
■
■
*
PART 919—SMALL BUSINESS
PROGRAMS
919.201
3. Section 919.502 is added to part
919 to read as follows:
■
923.570–1
‘‘48
‘‘48
‘‘48
‘‘13
CFR 19.501,’’.
CFR’’.
CFR chapter 1’’.
CFR part 124’’.
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.
■ 20. Section 923.570–3 is amended by
removing ‘‘970.5223’’ in paragraph (a)
and adding in its place ‘‘970.5223–4’’.
■ 21. 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
E:\FR\FM\10NOR1.SGM
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Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations
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.
■ 22. 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.
PART 926—OTHER SOCIOECONOMIC
PROGRAMS
926.7001
Subpart 924.1—Protection of Individual
Privacy
Procedures.
(b)(2) The Department of Energy rules
and regulations on Privacy Act are
implemented under 10 CFR part 1008.
27. 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’’.
926.7005
PART 925—FOREIGN ACQUISITION
28. Section 926.7005 is amended by
removing the ‘‘:’’ in paragraph (b)(1)
introductory text and adding in its place
‘‘—’’.
926.7006
[Amended]
29. Section 926.7006 is amended by:
■ a. Removing the ‘‘:’’ in paragraph (a)
introductory text and adding in its place
‘‘—’’; and
■ b. Removing ‘‘(FAR)’’ in paragraph (c)
second sentence.
■
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.
■ 24. Section 925.202 is revised to read
as follows:
925.202
[Amended]
■
23. Section 925.103 is amended by:
a. Removing ‘‘FAR’’ in paragraph (a)
and adding in its place ‘‘48 CFR’’; and
■ b. Adding a new paragraph (b)(2)(ii) to
read as follows:
■
■
925.103
[Amended]
■
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
924.103
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.
Exceptions.
926.7007
[Amended]
30. Section 926.7007 is amended by:
■ a. Removing ‘‘48 CFR’’ in paragraph
(d); and
■ b. Removing ‘‘(FAR)’’ in paragraph (e).
■
69013
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 (DEC 2010)
(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/noncompliance documented through external
(e.g., Federal) oversight and/or reported per
DOE Manual 231.1–2, Occurrence Reporting
and Processing of Operations Information, or
its successor, requirements, or internal
oversight of DOE Order 470.2B, Independent
Oversight and Performance Assurance
Program, or its successor, requirements.
*
*
*
*
*
35. 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.
*
*
*
*
*
CONDITIONAL PAYMENT OF FEE OR
PROFIT—PROTECTION OF WORKER
SAFETY AND HEALTH (DEC 2010)
*
*
*
*
*
(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.
926.7102
31. Section 926.7102 is amended by
removing the ‘‘,’’ and adding in its place
‘‘;’’ at the end of paragraphs (1) and (2).
Subpart 925.9—[Removed and
Reserved]
(c) * * *
(1) * * *
(i) Type A accident (defined in DOE Order
225.1A, Accident Investigations, or its
successor).
926.7104
*
[Amended]
■
[Amended]
32. Section 926.7104 is amended by
removing ‘‘48 CFR (DEAR)’’.
■
25. Subpart 925.9 is removed and
reserved.
■ 26. Add a new subpart 925.10
consisting of 925.1001 to part 925 to
read as follows:
■
PART 952—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
erowe on DSK5CLS3C1PROD with RULES
Subpart 925.10—Additional Foreign
Acquisition Regulations
■
925.1001
records.
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
33. The authority citation for part 952
continues to read as follows:
Waiver of right to examination of
(b) Determination and findings. A
determination and findings required by
48 CFR 25.1001(b) shall be forwarded to
either the Director, Office of Contract
VerDate Mar<15>2010
14:24 Nov 09, 2010
Jkt 223001
34. 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:
■
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
*
*
*
*
(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/noncompliance documented through external
(e.g., Federal) oversight and/or reported per
DOE Manual 231.1–2, Occurrence Reporting
and Processing of Operations Information, or
its successor, requirements, or internal
oversight of DOE Order 470.2B, Independent
Oversight and Performance Assurance
Program, or its successor, requirements.
*
E:\FR\FM\10NOR1.SGM
*
*
10NOR1
*
*
69014
Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations
952.226–70
[Amended]
952.226–72
36. 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]
37. Section 952.226–71 is amended by
removing the ‘‘:’’ in paragraphs (a)
introductory text and (a)(1) and adding
in its place ‘‘—’’.
■
[Amended]
952.226–73
a. Removing the ‘‘:’’ in paragraph (a)(1)
and adding in its place ‘‘—’’; and
■ b. Removing the ‘‘,’’ in paragraph
(a)(1)(i) and adding in its place ‘‘;’’.
■
38. 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’’.
■
[Amended]
39. Section 952.226–73 is amended
by:
■
952.226–74
[Amended]
40. Section 952.226–74 is amended by
removing ‘‘48 CFR (DEAR)’’ before
‘‘926.7104’’ in the introductory text.
■
952.219–70, 952.225–70, 952.226–70,
952.226–72, 952.226–73, and 952.226–74
[Amended]
41. In the table below, for each section
indicated in the left column, remove the
word indicated in the middle column
from wherever it appears in the section,
and add the word in the right column:
■
Section
Remove
Add
952.219–70 in the provision second sentence ............................................
952.225–70(b) introductory text ...................................................................
952.226–70(c) ...............................................................................................
952.226–70(c) ...............................................................................................
952.226–72(b) introductory text ...................................................................
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 ......................................................
‘‘contractor’s’’ ................................................
‘‘contractor’’ ...................................................
‘‘offeror’’ ........................................................
‘‘offeror’s’’ ......................................................
‘‘contractor’’ ...................................................
‘‘contractor’’ ...................................................
‘‘contracting officer’’ ......................................
‘‘contractor’s’’ ................................................
‘‘offeror’’ ........................................................
‘‘contracting officer’’ ......................................
‘‘contractor’’ ...................................................
‘‘Contractor’s’’.
‘‘Contractor’’.
‘‘Offeror’’.
‘‘Offeror’s’’.
‘‘Contractor’’.
‘‘Contractor’’.
‘‘Contracting Officer’’.
‘‘Contractor’s’’.
‘‘Offeror’’.
‘‘Contracting Officer’’.
‘‘Contractor’’.
[FR Doc. 2010–27869 Filed 11–9–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907301205–0289–02]
RIN 0648–XZ70
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; Total
Allowable Catch Harvested for
Management Area 1A
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; notification of
trip limit reduction in Area 1A of the
Atlantic Herring Fishery.
AGENCY:
NMFS announces that,
effective 1200 hours, November 8, 2010,
federally permitted vessels may not fish
for, catch, possess, transfer, or land
more than 2,000 lb (907.2 kg) of Atlantic
herring (herring), per trip or calendar
day, in or from Management Area 1A
(Area 1A) until January 1, 2011, except
erowe on DSK5CLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:24 Nov 09, 2010
Jkt 223001
for transiting purposes described in this
document.
DATES: Effective 1200 hours, November
8, 2010, through December 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fishery Management
Specialist, (978) 675–2179.
SUPPLEMENTARY INFORMATION:
Regulations governing the herring
fishery are found at 50 CFR part 648 and
require annual specification of optimum
yield, domestic and foreign fishing,
domestic and joint venture processing,
and management area TACs. Herring
specifications for 2010–2012 published
on August 12, 2010 (75 FR 48874). The
2010 total TAC is 91,200 mt, allocated
to the herring management areas as
follows: 26,546 mt to Area 1A, 4,362 mt
to Area 1B; 22,146 mt to Area 2; and
38,146 mt to Area 3.
Regulations at § 648.201(a) require
NMFS to monitor catch from the herring
fishery in each of the herring
management areas, using dealer reports,
state data, and other available
information, to determine when the
catch of herring is projected to reach 95
percent of the TAC allocated. When
such a determination is made, NMFS is
required to prohibit, through
publication in the Federal Register,
herring vessel permit holders from
fishing for, catching, possessing,
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
transferring, or landing more than 2,000
lb (907.2 kg) of herring, per trip or
calendar day, in or from the specified
management area for the remainder of
the closure period, with the exception of
transiting as described below.
This action announces that NMFS has
determined, based upon dealer reports
and other available information, that 95
percent of the herring TAC allocated to
Area 1A (25,219 mt) for the 2010 fishing
year is projected to be harvested on
November 8, 2010. Therefore, effective
1200 hrs local time, November 8, 2010,
federally permitted vessels may not fish
for, catch, possess, transfer, or land
more than 2,000 lb (907.2 kg) of herring,
per trip or calendar day, in or from Area
1A through December 31, 2010. Vessels
transiting Area 1A with more than 2,000
lb (907.2 kg) of herring on board may do
so, provided such herring was not
caught in Area 1A and that all fishing
gear is stowed and not available for
immediate use, as required by
§ 648.23(b). Federally permitted dealers
are also advised, effective November 8,
2010, that they may not purchase
herring from federally permitted herring
vessels that harvest more than 2,000 lb
(907.2 kg) of herring from Area 1A
through 2400 hrs local time, December
31, 2010.
Beginning on January 1, 2011, a new
TAC in Area 1A will become effective.
E:\FR\FM\10NOR1.SGM
10NOR1
]]>Agencies
[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 69009-69014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27869]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is amending the Department of
Energy Acquisition Regulation (DEAR) Socioeconomic Programs to make
changes to conform to the Federal Acquisition Regulation (FAR), remove
out-of-date coverage, and update references. Today's rule does not
alter substantive rights or obligations under current law.
DATES: Effective Date: December 10, 2010.
FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by
e-mail, barbara.binney@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Comments and Responses
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. Review Under the Small Business Regulatory Enforcement
Fairness Act of 1996
L. Approval by the Office of the Secretary of Energy
I. Background
This final rule amends the existing Department of Energy
Acquisition Regulation (DEAR) Subchapter D--Socioeconomic Programs. The
purpose of this rule is to update DEAR Subchapter D--Socioeconomic
Programs to conform it to the FAR. Changes are 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
[[Page 69010]]
and 926 will have another proposed rule to cover additional changes.
None of today's changes are substantive or of a nature to cause any
significant expense for DOE or its contractors.
II. Discussion
DOE published a notice of proposed rulemaking on June 15, 2010 (75
FR 33752), with a public comment period ending on July 15, 2010. DOE
received no comments.
DOE amends the DEAR as follows:
1. Section 919.201 is amended to remove ``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 to revise 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 to revise 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
to revise 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. Part 923 is amended by revising the heading to read Environment,
Energy and Water Efficiency, Renewable Energy Technologies,
Occupational Safety, and Drug Free Workplace.
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. 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.
12. 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.
13. 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.
14. Section 925.202 is renamed ``Exceptions'' to conform with the
FAR.
15. 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.
16. 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.
17. Section 925.901 is redesignated to read ``925.1001 Waiver of
right to examination of records.''
18. 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.''
19. 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.
20. Sections 926.7005, 926.7006, and 926.7102 are amended by
revising the punctuation.
21. Sections 952.223-76 and 952.223-77 are amended to update the
clauses to references to DOE Orders and Manuals.
22. Sections 952.226-70 and 952.226-72 are amended by revising the
two clause titles of the subcontracting plan to reflect the correct
name, Small Business Subcontracting Plan.
23. Sections 952.226-70, 952.226-71, 952.226-72, 952.226-73 are
amended to revise the clauses' punctuation.
24. 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), 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 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.
[[Page 69011]]
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 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 rule does not alter any substantive rights or
obligations and, consequently, today's 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 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 final 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 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 rule is categorically excluded from NEPA review
because the amendments to the DEAR are strictly procedural (categorical
exclusion A6). Therefore, today's 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 today's 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. 104-4) 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 rule does not impose any federal mandate on state, local
or tribal governments or on the private sector.
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 rule 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
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 rule is not a significant energy action. Accordingly, DOE has
not prepared a Statement of Energy Effects.
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
today's rule under the OMB and DOE guidelines and has concluded that it
is consistent with applicable policies in those guidelines.
K. Review Under the Small Business Regulatory Enforcement Fairness Act
of 1996
As required by 5 U.S.C. 801, the Department will report to Congress
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(3).
L. Approval by the Office of the Secretary of Energy Issuance of
today's 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.
[[Page 69012]]
Issued in Washington, DC, on October 27, 2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and Assistance Management,
Department of Energy.
Joseph F. Waddell,
Director, Office of Acquisition and Supply Management, National Nuclear
Security Administration.
0
For the reasons set out in the preamble, the Department of Energy
amends Chapter 9 of Title 48 of the Code of Federal Regulations as set
forth below.
0
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
919.201 [Amended]
0
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).
0
3. Section 919.502 is added to part 919 to read as follows:
919.502 Setting aside acquisitions.
0
4. Section 919.502-2 heading is revised to read:
919.502-2 Total small business set-asides.
* * * * *
0
5. 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.
919.503 Setting aside a class of acquisitions for small business.
* * * * *
Subpart 919.7--The Small Business Subcontracting Program
0
6. Subpart 919.7 heading is revised to read as set forth above.
919.7007 [Amended]
0
7. Section 919.7007 is amended by removing the ``:'' in paragraph (a)
introductory text and adding in its place ``--''.
919.7009 [Amended]
0
8. Section 919.7009 is amended by removing the ``.'' in the
introductory text and adding in its place ``--''.
919.7010 [Amended]
0
9. Section 919.7010 is amended by removing the ``:'' in the
introductory text and adding in its place ``--''.
919.7011 [Amended]
0
10. Section 919.7011 is amended by removing the ``:'' in paragraphs (a)
introductory text and (a)(1) and adding in its place ``--''.
919.501, 919.705-6, 919.805-2 [Amended]
0
11. In the table below, for each section indicated in the left column,
remove the word indicated in the middle column from wherever 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................................ ``the FAR''................. ``48 CFR chapter 1''.
919.805-2................................ ``13 CFR 124.311(e)(1)''.... ``13 CFR part 124''.
----------------------------------------------------------------------------------------------------------------
919.7008, 919.7010, 919.7011, 919.7012 [Amended]
0
12. In the table below, for each section indicated in the left column,
remove the word indicated in the right column from wherever it appears
in the section:
------------------------------------------------------------------------
Section Remove
------------------------------------------------------------------------
919.7008(a)............................... ``48 CFR''.
919.7010(c) and (k)....................... ``48 CFR''.
919.7011(b)............................... ``48 CFR''.
919.7012(a)............................... ``48 CFR''.
------------------------------------------------------------------------
0
13. 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
922.103-5 [Amended]
0
14. Section 922.103-5 is amended by removing ``FAR'' in 3 places and
adding in its place ``48 CFR''.
Subpart 922.6--[Removed and Reserved]
0
15. Subpart 922.6 is removed and reserved.
922.800 [Amended]
0
16. Section 922.800 is amended by removing ``(FAR)''.
PART 923--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
17. The heading for part 923 is revised to read as set forth above.
0
18. Add a new section 923.500 to subpart 923.5 to read as follows:
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.
0
19. 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.
0
20. Section 923.570-3 is amended by removing ``970.5223'' in paragraph
(a) and adding in its place ``970.5223-4''.
0
21. 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
[[Page 69013]]
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.
0
22. 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.
PART 925--FOREIGN ACQUISITION
0
23. Section 925.103 is amended by:
0
a. Removing ``FAR'' in paragraph (a) and adding in its place ``48
CFR''; and
0
b. Adding a new paragraph (b)(2)(ii) to read as follows:
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.
0
24. 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]
0
25. Subpart 925.9 is removed and reserved.
0
26. Add a new subpart 925.10 consisting of 925.1001 to part 925 to read
as follows:
Subpart 925.10--Additional Foreign Acquisition Regulations
925.1001 Waiver of right to examination of records.
(b) Determination and findings. A determination and findings
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
926.7001 [Amended]
0
27. Section 926.7001 is amended by:
0
a. Removing ``Department of Energy'' and adding in its place
``Department of Energy (DOE)'' in the first sentence in paragraph (a);
0
b. Removing the ``:'' in paragraph (c) introductory text and adding in
its place ``--''; and
0
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''.
926.7005 [Amended]
0
28. Section 926.7005 is amended by removing the ``:'' in paragraph
(b)(1) introductory text and adding in its place ``--''.
926.7006 [Amended]
0
29. Section 926.7006 is amended by:
0
a. Removing the ``:'' in paragraph (a) introductory text and adding in
its place ``--''; and
0
b. Removing ``(FAR)'' in paragraph (c) second sentence.
926.7007 [Amended]
0
30. Section 926.7007 is amended by:
0
a. Removing ``48 CFR'' in paragraph (d); and
0
b. Removing ``(FAR)'' in paragraph (e).
926.7102 [Amended]
0
31. Section 926.7102 is amended by removing the ``,'' and adding in its
place ``;'' at the end of paragraphs (1) and (2).
926.7104 [Amended]
0
32. Section 926.7104 is amended by removing ``48 CFR (DEAR)''.
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
33. 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.
0
34. 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:
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
(DEC 2010)
(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
its successor, requirements, or internal oversight of DOE Order
470.2B, Independent Oversight and Performance Assurance Program, or
its successor, requirements.
* * * * *
0
35. 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.
* * * * *
CONDITIONAL PAYMENT OF FEE OR PROFIT--PROTECTION OF WORKER SAFETY AND
HEALTH (DEC 2010)
* * * * *
(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
its successor, requirements, or internal oversight of DOE Order
470.2B, Independent Oversight and Performance Assurance Program, or
its successor, requirements.
* * * * *
[[Page 69014]]
952.226-70 [Amended]
0
36. Section 952.226-70 is amended by:
0
a. Removing the ``:'' in paragraphs (a) introductory text and (a)(1)
and adding in its place ``--''; and
0
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]
0
37. 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]
0
38. Section 952.226-72 is amended by:
0
a. Removing the ``:'' in paragraphs (a) introductory text and (a)(1)
and adding in its place ``--'';
0
b. Removing the ``:'' in paragraph (b) and adding in its place ``--'';
0
c. Adding ``and'' in paragraph (b)(2) after the ``;''; and
0
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]
0
39. Section 952.226-73 is amended by:
0
a. Removing the ``:'' in paragraph (a)(1) and adding in its place ``--
''; and
0
b. Removing the ``,'' in paragraph (a)(1)(i) and adding in its place
``;''.
952.226-74 [Amended]
0
40. Section 952.226-74 is amended by removing ``48 CFR (DEAR)'' before
``926.7104'' in the introductory text.
952.219-70, 952.225-70, 952.226-70, 952.226-72, 952.226-73, and
952.226-74 [Amended]
0
41. In the table below, for each section indicated in the left column,
remove the word indicated in the middle column from wherever it appears
in the section, and add the word in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
952.219-70 in the provision second ``contractor's''............ ``Contractor's''.
sentence.
952.225-70(b) introductory text.......... ``contractor''.............. ``Contractor''.
952.226-70(c)............................ ``offeror''................. ``Offeror''.
952.226-70(c)............................ ``offeror's''.............. ``Offeror's''.
952.226-72(b) introductory text.......... ``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 (b) ``offeror''................. ``Offeror''.
in 2 places.
952.226-73(b)............................ ``contracting officer''..... ``Contracting Officer''.
952.226-74(b) at its second occurrence... ``contractor''.............. ``Contractor''.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-27869 Filed 11-9-10; 8:45 am]
BILLING CODE 6450-01-P
