Acquisition Regulation: Department of Energy Acquisition Regulation, Government Property, 11985-11992 [2011-4350]
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule
concerning Pennsylvania’s adoption of a
CTG for paper, film, and foil surface
coating processes does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
state, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 22, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–4909 Filed 3–3–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211, 212, and 252
[DFARS Case 2009–D043]
RIN 0750–AG83
Defense Federal Acquisition
Regulation Supplement; Reporting of
Government-Furnished Property
Defense Acquisition
Regulations System; Department of
Defense (DoD).
ACTION: Notice of public meeting on
proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
revise and expand reporting
requirements for Government-furnished
property to include items uniquely and
non-uniquely identified, and to clarify
policy for contractor access to
Government supply sources.
DATES: Public Meeting: DoD is hosting a
public meeting to discuss the proposed
rule on March 18, 2011, from 1 p.m. to
4 p.m. DST. DoD published a notice of
the public meeting on March 1, 2011 (76
FR 11190). This notice provides
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SUMMARY:
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additional information about the
process for admittance to the meeting.
Attendees should register for the public
meeting at least one week in advance to
ensure adequate room accommodations
and to facilitate admittance into the
meeting. Registrants will be given
priority if room constraints require
limits on attendance. To register, please
go to—https://www.acq.osd.mil/dpap/
dars/Governmentfurnishedproperty.html and submit the
following information:
(1) Company or organization name;
(2) Full names of persons attending;
(3) Identity if desiring to speak; limit
to a 10-minute presentation per
company or organization;
(4) Last four digits of social security
number for each person attending (nonFederal employees only).
Send questions about registration or
the submission of comments to the email address identified at https://
www.acq.osd.mil/dpap/dars/
Government-furnishedproperty.html.
Please cite ‘‘Public Meeting, DFARS
Case 2009–D043’’ in the subject line of
the e-mail.
ADDRESSES: Public Meeting: The public
meeting will be held in the General
Services Administration (GSA)
multipurpose room, 2nd floor, One
Constitution Square (OCS), 1275 First
Street, NE., Washington, DC 20417.
Interested parties are encouraged to
arrive at least 30 minutes early.
Federal employees: Upon arrival at
OCS, attendees may enter through the
main entrance and show their badge to
the security officer behind the front
desk prior to gaining admittance.
Non-Federal employees: Upon arrival
at OCS, attendees must have a valid
picture ID and enter through the visitor
entrance. From there, they will be
escorted to and from the meeting room
by a designated GSA employee. If an
attendee’s name is not on the list
provided to security in advance of the
meeting, the attendee will still be
allowed into the meeting, but
admittance may be delayed.
If you wish to make a presentation,
please contact and submit a copy of
your presentation by March 11, 2011, to
Ms. Clare Zebrowski, OUSD (AT&L)
DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20302–
3060; facsimile 703–602–0350. Please
cite ‘‘Public Meeting, DFARS Case 2009–
D043’’ in all correspondence related to
this public meeting. The submitted
presentations will be the only record of
the public meeting. If you intend to
have your presentation considered as a
public comment to be considered in the
formation of a final rule, the
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presentation must be submitted
separately as a written comment as
instructed below.
Special Accommodations: The public
meeting is physically accessible to
people with disabilities.
FOR FURTHER INFORMATION CONTACT: Ms.
Clare Zebrowski, Telephone 703–602–
0289; facsimile 703–602–0350. Please
cite DFARS Case 2009–D043.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published a proposed rule in the
Federal Register on December 22, 2010
(75 FR 80427). DoD published an
extension of the public comment period
on February 18, 2011 (75 FR 9527). The
public comment period ends on April 8,
2011.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2011–4877 Filed 3–3–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF ENERGY
48 CFR Parts 908, 945, and 970
RIN 1991–AB86
Acquisition Regulation: Department of
Energy Acquisition Regulation,
Government Property
Department of Energy.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Department of Energy
(DOE) is proposing to amend the
Department of Energy Acquisition
Regulation (DEAR) to conform to the
Federal Acquisition Regulation (FAR),
remove out-of date government property
coverage, and update references. This
proposed rule does not alter substantive
rights or obligations under current law.
DATES: Written comments on the
proposed rulemaking must be received
on or before close of business April 4,
2011.
ADDRESSES: This proposed rule is
available and you may submit
comments, identified by DEAR: parts
908, 945 and 970 and RIN 1991–AB86,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail to:
DEARrulemaking@hq.doe.govmailto:.
Include DEAR: parts 908 and 945 and
RIN 1991–AB86 in the subject line of
the message.
Mail to: U.S. Department of Energy,
Office of Resource Management, MA–
632, 1000 Independence Avenue, SW.,
SUMMARY:
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules
Washington, DC 20585. Comments by
e-mail are encouraged.
FOR FURTHER INFORMATION CONTACT:
Helene Abbott at (202) 287–1593 or via
e-mail: helene.abbott@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Background
Section-by-Section Analysis
Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act
E. Review Under the National
Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Approval by the Office of the Secretary
of Energy
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I. Background
DOE is proposing to amend parts 908,
Required Sources of Supplies and
Services, 945, Government Property,
and related 970, Management and
Operating Contracts, to remove out-ofdate coverage, to update references and
to conform to the FAR.
Part 945 is amended to conform to
FAR Part 45, Government Property. On
May 15, 2007 (72 FR 27364), in the
Federal Acquisition Circular (FAC)
2005–17, FAR Part 45 was amended to
simplify procedures, clarify language,
and eliminate out-of-date requirements
related to the management and
disposition of Government property in
the possession of contractors by
establishing a life-cycle approach to
property management and sanctioning
the use of consensus standards or
industry-leading standards and
practices for property management. The
FAC deleted outdated clauses and
combined selected FAR property
clauses into a single clause. This
proposed rule updates corresponding
DEAR sections to conform to the FAR
and other federal agencies’ procedures.
None of these changes are substantive or
of a nature to cause any significant
expense for DOE or its contractors.
II. Section-by-Section Analysis
DOE proposes to amend the DEAR as
follows:
1. Section 908.1102 is amended by
redesignating paragraph (a)(4) as
908.1102–70 Vehicle leasing to conform
to the FAR convention, and adding the
phrase ‘‘All subsequent lease renewals
or extensions may be exercised only
when General Service Administration
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(GSA) has advised that it cannot furnish
the vehicle(s) as prescribed herein.’’
2. Section 908.1104(f) is amended by
removing ‘‘Federal Property
Management Regulation (FPMR) 41 CFR
101–38.6.’’ and adding in its place
‘‘Federal Management Regulation (FMR)
41 Code of Federal Regulation (CFR)
102–34.160, 102–34.175 and 102–34.80’’
to provide the updated citation.
3. Section 908.7101–2(a) is amended
by removing ‘‘FPMR 41 CFR 101–25.304,
101–26.501, and 101–38.13 and DOE–
PMR 41 CFR 109–25.304, 109–38.13,
and 109–38.51’’ and adding in its place
‘‘Federal Property Management
Regulations (FPMR) 41 CFR 101–26.501,
and FMR 41 CFR 102–34, and
Department of Energy-Property
Management Regulations (DOE–PMR)
41 CFR 109–26.501’’ to provide the
updated citation.
4. Section 908.7101–2 paragraph (b) is
amended by removing ‘‘on GSA Form
1781, Motor Vehicle Requisition—
Delivery Order—Invoice,’’ and adding in
its place ‘‘utilizing GSA’s on-line system
(Auto Choice)’’ to update the
procedures.
5. Section 908.7101–3 is amended by
removing ‘‘those’’ in the third sentence
and removing in the last sentence, ‘‘(See
DOE–PMR 41 CFR 109–38.5102–4)’’ to
correct grammar and to remove an outof-date citation.
6. Section 908.7101–4 is amended in
paragraph (a) by removing ‘‘FMPR 101–
38.9 and DOE–PMR 41 CFR 109–38.9’’
and adding in its place ‘‘FMR 102–
34.270’’ to update the citation.
7. Section 908.7101–5 is amended in
the third sentence by removing
‘‘38.5102’’ and adding in its place
‘‘26.501–50 and 109–26.501–51,’’ to
update the citation.
8. Section 908.7101–6 is amended in
paragraph (a) by removing the last three
sentences and adding in their place
‘‘Such forecast shall be submitted to the
Property Executive, or designee, when
requested.
9. Section 908.7101–6 is amended in
paragraph (b) by removing ‘‘Sedans,
station wagons, and light trucks
requisitioned according to an approved
forecast, but not contracted for by GSA
until the subsequent fiscal year, will’’
and adding in its place ‘‘Approved
sedans, station wagons, and light trucks
requisitioned, but not contracted for by
GSA until the subsequent fiscal year,
shall’’ to update the procedures.
10. Section 908.7101–7 is amended in
paragraph (a) by removing ‘‘101–38.303’’
and adding in its place ‘‘102–34.140’’ to
update the citation.
11. Section 908.7101–7 is amended in
paragraph (b) by removing in the second
sentence the ‘‘,’’ after records; removing
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in the second sentence the ‘‘Director,
Office of Property Management,’’ and
adding in its place ‘‘Director, Personal
Property Management Division,’’ to
correct grammar and update office
names.
12. Section 908.7101–7 is amended in
paragraph (e) by removing the sentence
and adding in its place ‘‘See DOE–PMR
41 CFR 109–38.202–2 and 109–38.202–
3 for additional guidance.’’ to update the
citation.
13. Section 908.7102 is amended by
removing the sentence and adding in its
place ‘‘Acquisition of aircraft shall be in
accordance with FMR 41 CFR 102–33,
subpart B and DOE Order 440.2B latest
revision.’’ to update the citation.
14. Section 908.7103 is amended by
removing ‘‘FPMR 41 CFR 101–25.104,
101–25.302, 101–25.302–3, 101–25.302–
4, and 101–25.302–6, and 101–25.403,
and DOE–PMR 41 CFR 109–25.302,
109–25.302–3, and 109–25.4’’ and by
adding in its place ‘‘FPMR 41 CFR 101–
25.104, 101–25.302, and DOE–PMR 41
CFR 109–25.302, and 109–25.4’’ to
update the citations.
15. Section 908.7104 is amended by
removing ‘‘FPMR 41 CFR 101–25.104,
101–25.302, 101–25.302–1, 101–25.302–
5, 101–25.302–7, and 101–25.302–8,
101–25.404 and 101–26.505, and DOE–
PMR 41 CFR 109–25.302, 109–25.302–1,
and 109–25.350’’ and adding in its place
‘‘FPMR 41 CFR 101–25.104, 101–25.302,
101–25.302–5, 101–25.302–7, 101–
25.404 and 101–26.505, and DOE–PMR
41 CFR 109–25.302, and 109–25.350’’ to
update the citations.
16. Section 908.7121 is revised to
update the first paragraph to clarify that
the contracting officers shall require
authorized contractors to follow
procedures set forth in paragraphs (a)
through (c).
17. Section 908.7121(b) Precious
metals is revised to update the
responsible office in subparagraph (1)
and add subparagraph (2) to reference
945.604–1 for contractor identification
and reporting for contractor inventory
containing precious metals or
possessing precious metals excess.
18. Section 908.7121(c) is amended to
state that lithium is available from The
National Nuclear Security
Administration (NNSA), Y–12 National
Security Complex in Oak Ridge, TN (Y–
12) and that the excess quantities at Y–
12 are to be the first source of supply.
19. Part 945 is amended to simplify
procedures, clarify language, and
eliminate obsolete requirements related
to the management and disposition of
Government property in the possession
of contractors to conform to FAR Part 45
Government Property regulation.
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules
20. Section 945.000 is amended by
lower casing the first letter of the word
‘‘part’’; by reversing ‘‘operating and
management’’ to read ‘‘management and
operating’’; and by removing the second
sentence in its entirety.
21. Section 945.101 is amended by
removing the definition of capital
equipment; and adding a definition of
sensitive property. For clarity, since the
FAR definition of sensitive property was
changed under FAC 2005–17 and for
further emphasis by DOE, the FAR
definition is incorporated by reference.
22. Section 945.102–70 is revised in
the first paragraph, first sentence, by
removing ‘‘Within 30 days after the end
of each fiscal year,’’ and adding in its
place ‘‘The below listed information
may be required to be reported from
time to time to’’; and by removing
‘‘Director, Office of Property
Management,’’ and adding in its place
‘‘Personal Property Management
Division’’; in paragraph (e), by removing
‘‘dollar’’ and adding in its place
‘‘acquisition’’; and in paragraph (e), by
removing ‘‘as reported on last
semiannual asset report (including date
of report),’’. These changes correct the
reporting process and provide the
correct title of the receiving activity.
Changes pertain to the Property
Information Database System (PIDS)
which was created by the Idaho
National Lab and has been in use since
the late 1990s. The PIDS system is used
by both DOE and Contractors alike.
23. Subpart 945.1 is revised to add the
new section ‘‘945.102–72 Reporting of
contractor sensitive property inventory’’
to reflect the current sensitive property
policy.
24. Section 945.3 is amended by
redesignating subpart 945.3 and section
945.303–1 as section 945.170 and
section 945.170–1, respectively, and by
reserving section 945.3 and by using
lower case letters for ‘‘property’’ and
‘‘contractors’’ in the section 945.170
title, and by adding a period at the end
of ‘‘contractors’’. These changes are
made to conform to the FAR.
25. Subpart 945.4 is amended by
removing and reserving this subpart in
its entirety to conform to the FAR.
26. Section 945.5 title is amended by
removing ‘‘Management of Government
Property in the Possession of
Contractors’’ and adding in its place
‘‘Support Government Property
Administration’’ to conform to the FAR.
27. Section 945.505–11 is removed in
its entirety to conform to the FAR.
28. Subpart 945.5 is revised by
changing its title to ‘‘945.570
Management of Government property in
the possession of contractors’’ to
conform to the FAR.
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29. Section 945.506 is removed in its
entirety.
30. Section 945.570–2 is redesignated
as 945.570–1 and is amended at
paragraph (c) the second sentence by
removing ‘‘(GSA Form 1781)’’, and
adding ‘‘via GSA Autochoice’’ after
‘‘should be processed’’. The replaced
information updates the DEAR to
conform to GSA’s current procedures.
31. Redesignated 945.570–1(f) is
amended by removing ‘‘Motor Vehicle
Rental’’ and adding in its place ‘‘Leasing
of Automobiles and Light Trucks’’.
32. Section 945.570–7 is redesignated
as 945.570–2.
33. Section 945.570–8 is redesignated
as 945.570–3 and is revised in section
(a) in the first sentence, by removing
‘‘(on or before December 1)’’.
34. Redesignated 945.570–3(b) is
amended after ‘‘DOE-owned’’ by adding
‘‘, GSA leased’’; before ‘‘and/or’’ and by
adding ‘‘electronically’’ before ‘‘submit’’.
35. Redesignated 945.570–3(b)(1) is
amended by removing ‘‘DOE Report of
Motor Vehicle Data (passenger
vehicles)’’ and adding in its place
‘‘Annual Motor Vehicle Fleet Report’’.
36. Redesignated section 945.570–
3(b)(2) is amended by removing ‘‘DOE
Report of Truck Data’’ and adding in its
place ‘‘Federal Fleet Report (41 CFR
102–34.335)’’.
37. Subpart 945.6 is amended by
removing the subpart title ‘‘Reporting,
Redistribution, and Disposal of
Contractor Inventory’’ and adding in its
place ‘‘Reporting, Reutilization, and
Disposal’’.
38. Subpart 945.6 is amended by
adding a new section ‘‘945.602
Reutilization of Government property.’’
39. Subpart 945.6 is amended by
adding a new section ‘‘945.602–70 Local
screening’’.
40. Section 945.603 is redesignated as
945.670, DOE disposal methods.
41. Section 945.603–70 is amended by
redesignating this section as ‘‘945.670–
1’’; and removing ‘‘FAR Subpart 45.6’’
and adding in its place ‘‘48 CFR 45.606–
3’’. This amendment is to conform the
DEAR to the FAR.
42. Section 945.603–71 is
redesignated as ‘‘945.670–2’’.’’
43. Subpart 945.6 is amended by
adding a new section 945.603
Abandonment, destruction or donation
of excess personal property which refers
to 945.670 for disposal methods. These
changes are made to conform to the FAR
and move current DEAR information to
a new section.
44. Subpart 945.6 is revised by adding
a new section 945.604 Disposal of
surplus property to conform to the FAR.
45. Section 945.607–2(b) is
redesignated as 945.604–1 Recovering
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precious metals. The office name and
address are updated. Paragraph (d)
references 945.670 for DOE disposal
methods. By adding the other precious
metals, we are aligning the DEAR to
FAR 46.101.
47. Section 945.608–2 is redesignated
as ‘‘945.602–3(a)’’ and is amended by
removing subparagraph (b)(1) in its
entirety and adding in its place ‘‘(a)
Standard screening. (1) Prior to
reporting excess property to GSA, all
reportable property, as identified in
Federal Management Regulation 41 CFR
102–36.220, shall be reported for
centralized screening in the DOE Energy
Asset Disposal System (EADS).
Reportable excess personal property
will be screened internally via the EADS
system for a period of 15 days.’’ These
changes are made to update the DEAR
to the current on-line reporting.
50. Redesignated section 945.602–
3(a)(1)(i) [previously 945.608–2(b)(1)] is
amended by in the first sentence, by
removing ‘‘REAPS’’ and adding in its
place ‘‘EADS’’; in the first sentence, by
removing ‘‘address code’’ and adding in
its place ‘‘Activity Address Code
(AAC)’’; by removing the second
sentence in its entirety and adding in its
place ‘‘The AAC will be assigned by
DOE Headquarters upon receipt of a
formal letter of authorization signed by
the DOE contracting officer,’’, and by
removing the third sentence in its
entirety. These changes are made to
update the current procedure.
51. Redesignated section 945.602–
3(a)(1)(ii) is amended by removing the
sentence in its entirety and adding a
new sentence to indicate that any
changes to an Activity Address code
shall be submitted to the Office of
Procurement and Assistance
Management, Personal Property
Management Division, within the
Headquarters procurement organization.
52. The section designated as
945.608–3 is removed. Section 945.602–
70 Local screening provides the correct
process and title for property screening
and disposal.
53. The section designated as
945.608–4 is removed.
54. Section 945.608–5 is redesignated
as 945.602–3(b)(2) and is amended in
the first paragraph, by adding ‘‘(b)
Special screening requirements. (2)
Special test equipment with commercial
components—’’ prior to the redesignated
text.
55. Section 945.608–5(c) is
redesignated as 945.602–3(b)(3).
56. Section 945.608–6 is redesignated
as 945.670–3; and is amended in
paragraph (a) after requirements, by
removing ‘‘in accordance with the
provisions of FAR 45.608–6.’’; in both
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules
paragraphs, by removing ‘‘Office of
Property Management Division’’ and
adding in its place ‘‘Personal Property
Management Division’’; and in
paragraph (b) by removing ‘‘HCA’’ and
adding in its place ‘‘Procurement
Directors’’.
57. Section 945.610–4 is redesignated
as 945.671.
58. Section 970.5244–1(k) is amended
by removing the paragraph in its
entirety and adding in its place
‘‘Government Property’’. The Contractor
shall establish and maintain a property
management system that complies with
criteria in 48 CFR 970.5245–1, Property,
and 48 CFR 52.245–1, Government
Property.’’
59. Section 970.5244–1(q)(13) is
added to correct an error in the DEAR
Final Rule [74 FR 36376–36378, dated
July 22, 2009] which omitted ‘‘Products
made in Federal and penal and
correctional institutions—41 CFR 101–
26.702.’’
60. Section 970.5245–1 is amended by
removing and reserving paragraph
(i)(1)(ii)(B). This amendment clarifies
the contract conditions for property
management systems approval.
III. Procedural Requirements
A. Review Under Executive Order 12866
This 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).
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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
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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.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires that an
agency prepare an initial regulatory
flexibility analysis for any regulation for
which a general notice or proposed
rulemaking is required, unless the
agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities (5 U.S.C.
605(b)). This rule updates references in
the DEAR that apply to public contracts
and does not impose any additional
requirements on small businesses. This
proposed rule does not alter any
substantive rights or obligations and
consequently, this proposed rule will
not have a significant cost or
administrative impact on contractors,
including small entities.
On the basis of the foregoing, DOE
certifies that this proposed rule would
not have a significant economic impact
on a substantial number of small
entities. Accordingly, DOE has not
prepared a regulatory flexibility analysis
for this rulemaking. DOE’s certification
and supporting statement of factual
basis will be provided to the Chief
Counsel for Advocacy of the Small
Business Administration pursuant to 5
U.S.C. 605(b).
D. Review Under the Paperwork
Reduction Act
This proposed rule does not impose a
collection of information requirement
subject to the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. Existing burdens
associated with the collection of certain
contractor data under the DEAR have
been cleared under OMB control
number 1910–4100.
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E. Review Under the National
Environmental Policy Act
DOE has concluded that promulgation
of this proposed rule falls into a class of
actions which would not individually or
cumulatively have significant impact on
the human environment, as determined
by DOE’s regulations (10 CFR part 1021,
subpart D) implementing the National
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.).
Specifically, this proposed rule is
categorically excluded from NEPA
review because the amendments to the
DEAR are strictly procedural
(categorical exclusion A6). Therefore,
this proposed rule does not require an
environmental impact statement or an
environmental assessment pursuant to
NEPA.
F. Review Under Executive Order 13132
Executive Order 13132, [64 FR 43255,
August 4, 1999], imposes certain
requirements on agencies formulating
and implementing policies or
regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. The Executive Order
requires agencies to have an
accountability process to ensure
meaningful and timely input by state
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations [65 FR
13735]. DOE has examined the proposed
rule and has determined that it does not
preempt State law and does not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. No further action
is required by Executive Order 13132.
G. Review Under the Unfunded
Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) generally
requires a Federal agency to perform a
written assessment of costs and benefits
of any rule imposing a Federal mandate
with costs to State, local or tribal
governments, or to the private sector of
$100 million or more. This rulemaking
proposes changes that do not alter any
substantive rights or obligations. This
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11989
proposed rule does not impose any
mandates.
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 rulemaking will
have no impact on the autonomy or
integrity of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
K. Approval by the Office of the
Secretary of Energy
Issuance of this proposed rule has
been approved by the Office of the
Secretary of Energy.
adding in its place ‘‘utilizing GSA’s online system (Auto Choice)’’.
The revision reads as follows:
908.7101–2 Consolidated acquisition of
new vehicles by General Services
Administration.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
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
(OIRA) of the Office of Management and
Budget, a Statement of Energy Effects for
any proposed significant energy action.
A ‘‘significant energy action’’ is defined
as any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; (2) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy, or (3) is
designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
This proposed 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 the proposed rule under the
OMB and DOE guidelines and has
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List of Subjects in 48 CFR Parts 908,
945, and 970
Government procurement.
Issued in Washington, DC, on February 2,
2011.
Patrick M. Ferraro,
Acting Director, Office of Procurement and
Assistance Management, Department of
Energy .
Joseph W. Waddell,
Director, Office of Acquisition and Supply
Management, National Nuclear Security
Administration.
For the reasons set out in the
preamble, the Department of Energy
(DOE) proposes to amend Chapter 9 of
Title 48 of the Code of Federal
Regulations as set forth below.
PART 908—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
1. The authority citation for part 908
continues to read as follows:
Authority: 42 U.S.C. 7101, et seq.; 50
U.S.C. 2401, et seq.
2. Section 908.1102 is revised to read
as follows:
(a) New vehicles shall be procured in
accordance with Federal Property
Management Regulations (FPMR) 41
CFR 101–26.501, and FMR 41 CFR 102–
1 through 102–220, and Department of
Energy-Property Management
Regulations (DOE–PMR) 41 CFR 109–
26.501.
Orders for all motor vehicles must be
placed using GSA’s online vehicle
purchasing system (AutoChoice).
*
*
*
*
*
908.7101–3
908.7101–4
Presolicitation requirements.
2a. Section 908.1102–70 is added to
read as follows:
908.1102–70
Vehicle leasing.
(a)(4) Commercial vehicle lease
sources may be used only when the
General Services Administration (GSA)
has advised that it cannot furnish the
vehicle(s) through the Interagency
Motor Pool System and it has been
determined that the vehicle(s) are not
available through the GSA Consolidated
Leasing Program. All subsequent lease
renewals or extensions may be exercised
only when GSA has advised that it
cannot furnish the vehicle(s) as
prescribed herein.
908.1104
[Amended]
3. Section 908.1104 is amended by
removing ‘‘(FPMR) 41 CFR 101–38.6’’ in
paragraph (f) and adding in its place
‘‘Federal Management Regulation (FMR)
41 CFR 102–34.160, 102–34.175, and
102–34.180’’.
4. Section 908.7101–2 is amended by:
a. Revising paragraph (a); and
b. Removing ‘‘on GSA Form 1781,
Motor Vehicle Requisition—Delivery
Order—Invoice,’’ in paragraph (b), and
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[Amended]
6. Section 908.7101–4 is amended by
removing ‘‘FPMR 41 CFR 101–38.9 and
DOE–PMR 41 CFR 109–38.9.’’ in
paragraph (a), and adding in its place.
‘‘FMR 41 CFR 102–34.270.’’
908.7101–5
[Amended]
7. Section 908.7101–5 is amended by
removing ‘‘109–38.5102,’’ in third
sentence and adding in its place ‘‘109–
26.501–50 and 109–26.501–51,’’.
908.7101–6
908.1102
[Amended]
5. Section 908.7101–3 is amended by
removing ‘‘those’’ in the third sentence;
and ‘‘(See DOE–PMR 41 CFR 109–
38.5102–4)’’ in the last sentence.
[Amended]
8. Section 908.7101–6 is amended by:
a. Removing the last three sentences
in paragraph (a), and adding in their
place ‘‘Such forecast shall be submitted
to the Property Executive, or designee.’’;
and
b. Removing ‘‘Sedans’’ at the
beginning of the first sentence of
paragraph (b) and adding ‘‘Approved
sedans’’ in its place;
c. Removing in paragraph (b)
‘‘according to an approved forecast’’ and
removing ‘‘will’’ and adding in its place
‘‘shall’’.
908.7101–7
[Amended]
9. Section 908.7101–7 is amended by:
a. Removing ‘‘FPMR 41 CFR 101–
38.303.’’ in paragraph (a) and adding in
its place ‘‘FMR 41 CFR 102–34.140.’’;
b. Removing in paragraph (b) in the
second sentence, ‘‘records,’’ and adding
in its place ‘‘records’’;
c. Removing in paragraph (b)
‘‘Director, Office of Property
Management,’’ and adding in its place
‘‘Director, Office of Personal Property
Management Division,’’; and
d. Removing ‘‘109–38.3 and 109–38.6’’
in paragraph (e) and adding in its place
‘‘109–38.202–2 and 109–38.202–3’’.
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10. Section 908.7102 is revised to read
as follows:
908.7102
Aircraft.
Acquisition of aircraft shall be in
accordance with FMR 41 CFR part 102–
33, subpart B and DOE Order 440.2B
latest revision.
908.7103
[Amended]
11. Section 908.7103 is amended by
removing ‘‘101–25.302–3, 101–25.302–4,
and 101–25.302–6, and 101–25.403,’’
and ‘‘109–25.302–3,’’ and adding in its
place ‘‘FPMR 41 CFR 101–25.104, 101–
25.302, and DOE–PMR 41 CFR 109–
25.302, and 109–25.4.’’
908.7104
[Amended]
12. Section 908.7104 is amended by
removing ‘‘FMPR 41 CFR 101–25.104,
101–25.302, 101–25.302–1, 101–25.302–
5, 101–25.302–7 and 101–25.302–8,
101–25.404 and 101–26.505 and DOE
PMR 41 CFR 109–25.302, 109–25.302–1
and 109–25.350’’ and adding in its place
‘‘FPMR 41 CFR 101–25.104, 101–25.302,
101–25.302–5, 101–25.302–7, 101–
25.404 and 101–26.505 and DOE–PMR
41 CFR 109–25.302 and 109–25.350.’’
13. Section 908.7121 is revised to read
as follows:
mstockstill on DSKH9S0YB1PROD with PROPOSALS
908.7121
Special materials.
This section covers the purchase of
materials peculiar to the DOE program.
While purchases of these materials may
be unclassified, the specific quantities,
destination or use may be classified (see
appropriate sections of the
Classification Guide). Contracting
officers shall require authorized
contractors to obtain the special
materials identified in the following
subsections in accordance with the
following procedures:
(a) Heavy water. The Senior Program
Official or designee controls the
acquisition and production of heavy
water for a given program. Request for
orders shall be placed directly with the
cognizant Senior Program Official or
designee.
(b) Precious metals. (1) NNSA, Y–12
National Security Complex in Oak
Ridge, TN is responsible for maintaining
the DOE supply of precious metals.
These metals are platinum, palladium,
iridium, osmium, rhodium, ruthenium,
gold and silver. The NNSA Y–12
National Security Complex has assigned
management of these precious metals to
its Management and Operating (M&O)
contractor. DOE and NNSA offices and
authorized contractors shall coordinate
with the Y–12 M&O contractor
regarding the availability of these metals
prior to purchasing in the open market.
(2) For contractor inventory
containing precious metals or
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possessing precious metals excess, see
945.604–1 for contractor identification
and reporting.
(c) Lithium. Lithium is available from
Y–12 at no cost other than normal
packing, handling, and shipping charges
from Oak Ridge. The excess quantities at
Y–12 are the first source of supply prior
to procurement of lithium compounds
from any other source.
14. Part 945 is revised to read as
follows:
PART 945—GOVERNMENT PROPERTY
Sec.
945.000
Scope of part.
Subpart 945.1—General
945.101 Definitions.
945.102–70 Reporting of contractor-held
property.
945.102–71 Maintenance of records.
945.102–72 Reporting of contractor
sensitive property inventory.
945.170 Providing Government property to
contractors.
945.170–1 Policy.
Subpart 945.3 [Reserved]
Subpart 945.4 Reserved]
Subpart 945.5—Support Government
Property Administration
945.570 Management of Government
property in the possession of contractors.
945.570–1 Acquisition of motor vehicles.
945.570–2 Disposition of motor vehicles.
945.570–3 Reporting motor vehicle data.
Subpart 945.6—Reporting, Reutilization,
and Disposal
945.602 Reutilization of Government
property.
945.602–3 Screening.
945.602–70 Local screening.
945.603 Abandonment, destruction or
donation of excess personal property.
945.604 Disposal of surplus property.
945.604–1 Disposal methods.
945.670 DOE disposal methods.
945.670–1 Plant clearance function.
945.670–2 Disposal of radioactively
contaminated personal property.
945.670 Waiver of screening requirements.
945.671 Contractor inventory in foreign
countries.
Authority: 42 U.S.C. 7101, et seq.; 50
U.S.C. 2401, et seq.
945.000
Scope of part.
This part and 48 CFR part 45 are not
applicable to the management of
property by management and operating
contractors, unless otherwise stated.
Subpart 945.1—General
945.101
Definitions.
Personal property, as used in this
part, means property of any kind or
interest therein, except real property;
records of the Federal Government; and
nuclear and special source materials,
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Sfmt 4702
atomic weapons, and by-product
materials.
Sensitive property, as used in this
part, has the meaning contained in 48
CFR 45.101.
945.102–70
property.
Reporting of contractor-held
The information listed in this section
may be required to be reported from
time to time to the Head of the
Contracting Activity shall report the
following information to the Personal
Property Management Division, within
the Headquarters procurement
organization:
(a) Name and address of each
contractor with DOE property in their
possession, or in the possession of their
subcontractors (do not include grantees,
cooperative agreements, interagency
agreements, or agreements with state or
local governments).
(b) Contract number of each DOE
contract with Government property.
(c) Date contractor’s property
management system was approved and
by whom (DOE office, Defense Contract
Management Command, or the Office of
Naval Research).
(d) Date of most current appraisal of
contractor’s property management
system, who conducted the appraisal,
and status of the system (satisfactory or
unsatisfactory).
(e) Total acquisition value of DOE
property for each DOE contract
administered by the contracting activity.
945.102–71
Maintenance of records.
The contracting activity shall
maintain records of approvals and
reviews of contractors’ property
management systems, the dollar value of
DOE property as reported on the most
recent semiannual financial report, and
records on property administration
delegations to other Government
agencies.
945.102–72 Reporting of contractor
sensitive property inventory.
(a) For Department of Energy (DOE)
sensitive property, the Organizational
Property Management Officer (OPMO)
shall submit a contractor-specific list of
sensitive property to the DOE Property
Executive, Office of Resource
Management, or designee, by October
31st of each year for review and
approval. The DOE Property Executive
or designee will provide the approved
contractor-specific list to the
appropriate Contracting Officer and
OPMO.
(b) For National Nuclear Security
Administration (NNSA) sensitive
property, the OPMO shall submit a
contractor-specific list of sensitive
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property to the Director NNSA, Office of
Acquisition and Supply Management, or
designee, by October 31st of each year
for review and approval. The Director,
NNSA or designee, will provide the
approved contractor-specific list to the
appropriate Contracting Officer and
OPMO.
945.170 Providing Government property to
contractors.
945.170–1
Policy.
The DOE has established specific
policies concerning special nuclear
material requirements needed under
DOE contracts for fabricating end items
using special nuclear material, and for
conversion or scrap recovery of special
nuclear material. Special nuclear
material means uranium enriched in the
isotopes U233 or U235, and/or
plutonium, other than PU238. The
policies to be followed are:
(a) Special nuclear material will be
furnished by the DOE for fixed-price
contracts and subcontracts, at any tier,
which call for the production of special
nuclear products, including fabrication
and conversion, for Government use.
(The contractor or subcontractor must
have the appropriate license or licenses
to receive the special nuclear material.
The Nuclear Regulatory Commission is
the licensing agency.)
(b) Contracts and subcontracts for
fabrication of end items using special
nuclear material generally shall be of
the fixed-price type. Cost-type contracts
or subcontracts for fabrication shall be
used only with the approval of the Head
of the Contracting Activity. This
approval authority shall not be further
delegated.
(c) Contracts and subcontracts for
conversion or scrap recovery of special
nuclear material shall be of a fixed-price
type, except as otherwise approved by
the Head of the Contracting Activity.
Subpart 945.3 [Reserved]
Subpart 945.4 [Reserved]
Subpart 945.5—Support Government
Property Administration
mstockstill on DSKH9S0YB1PROD with PROPOSALS
945.570 Management of Government
property in the possession of contractors.
945.570–1
Acquisition of motor vehicles.
(a) GSA Interagency Fleet
Management System (GSA–IFMS) is the
first source of supply for providing
motor vehicles to contractors; however,
contracting officer approval is required
for contractors to utilize this service.
(b) Prior approval of GSA must be
obtained before—
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(1) Fixed-price contractors can use the
GSA–IFMS;
(2) DOE-owned motor vehicles can be
furnished to any contractor in an area
served by GSA–IFMS; and
(3) A contractor can commercially
lease a motor vehicle for more than 60
days after GSA has determined that it
can provide the required vehicle.
(c) GSA has the responsibility for
acquisition of motor vehicles for
Government agencies. All requisitions
shall be processed via GSA Autochoice
in accordance with 41 CFR 101–26.501.
(d) Contractors shall submit all motor
vehicle requirements to the contracting
officer for approval.
(e) The acquisition of sedans and
station wagons is limited to small,
subcompact, and compact vehicles
which meet Government fuel economy
standards. The acquisition of light
trucks is limited to those vehicles which
meet the current fuel economy
standards set by Executive Orders 12003
and 12375.
(f) Cost reimbursement contractors
may be authorized by the contracting
officer to utilize GSA Federal Supply
Schedule 751, Leasing of Automobiles
and Light Trucks, for short term rentals
not to exceed 60 days, and are required
to utilize available GSA consolidated
leasing programs for long term (60
continuous days or longer) commercial
leasing of passenger vehicles and light
trucks.
(g) The Personal Property
Management Division, within the
Headquarters procurement organization
shall certify all requisitions prior to
submittal to GSA for the following:
(1) The acquisition of sedans and
station wagons.
(2) The lease (60 continuous days or
longer) of any passenger automobile.
(3) The acquisition or lease (60
continuous days or longer) of light
trucks less than 8,500 GVWR.
(h) Purchase requisitions for other
motor vehicles may be submitted
directly to GSA when approved by the
contracting officer.
(i) Contractors shall thoroughly
examine motor vehicles acquired under
a GSA contract for defects. Any defect
shall be reported promptly to GSA, and
repairs shall be made under terms of the
warranty.
945.570–2
Disposition of motor vehicles.
(a) The contractor shall dispose of
DOE-owned motor vehicles as directed
by the contracting officer.
(b) DOE-owned motor vehicles may be
disposed of as exchange/sale items
when directed by the contracting officer;
however, a designated DOE official must
execute the Title Transfer forms (SF–
97).
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945.570–3
11991
Reporting motor vehicle data.
(a) Contractors conducting motor
vehicle operations shall forward
annually to the contracting officer their
plan for acquisition of motor vehicles
for the next fiscal year for review,
approval and submittal to DOE
Headquarters. This plan shall conform
to the fuel efficiency standards for
motor vehicles for the applicable fiscal
year, as established by Executive Orders
12003 and 12375 and as implemented
by GSA and current DOE directives.
Additional guidance for the preparation
of the plan will be issued by the
contracting officer, as required.
(b) Contractors operating DOE-owned,
GSA leased and/or commercially leased
(for 60 continuous days or longer) motor
vehicles shall prepare and electronically
submit the following annual year-end
reports to the contracting officer:
(1) Annual Motor Vehicle Fleet
Report.
(2) Federal Fleet Report (41 CFR 102–
34.335).
Subpart 945.6—Reporting,
Reutilization, and Disposal
945.602 Reutilization of Government
property.
945.602–3
Screening.
(a) Standard screening. (1) Prior to
reporting excess property to GSA, all
reportable property, as identified in
Federal Management Regulations 41
CFR 102–36.220, shall be reported for
centralized screening in the DOE Energy
Asset Disposal System (EADS).
Reportable excess personal property
will be screened internally via the EADS
system for a period of 15 days.
(i) EADS requires the inclusion of a
six character Activity Address Code
(AAC) which identifies the reporting
contractor. The AAC will be assigned by
DOE Headquarters upon receipt of a
formal letter of authorization signed by
the DOE contracting officer.
(ii) Requests to establish, extend or
delete an Activity Address Code shall be
submitted by the contracting officer to
the Office of Procurement and
Assistance Management, Personal
Property Management Division, within
the Headquarters procurement
organization.
(b) Special screening requirements. (2)
Special test equipment with commercial
components.—Prior to reporting the
property to GSA in accordance with 48
CFR 45.604–1(a), (b) and (c), the
property shall be reported and screened
within DOE in accordance with
945.602–3(a) and 945.602–70.
(3) Printing equipment. All printing
equipment excess to requirements shall
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945.671 Contractor inventory in foreign
countries.
DEPARTMENT OF TRANSPORTATION
Contractor inventory located in
foreign countries will be utilized and
disposed of in accordance with DOE–
PMR 41 CFR part 109–43, subpart 109–
43.5, and part 109–45, subpart 45.51.
Federal Railroad Administration
See 945.670 for DOE disposal
methods.
PART 970—DOE MANAGEMENT AND
OPERATING CONTRACTS
945.604
15. The authority citation for part 970
continues to read as follows:
Systems for Telephonic Notification of
Unsafe Conditions at Highway-Rail and
Pathway Grade Crossings
be reported to the Office of
Administration at Headquarters.
945.602–70
Local screening.
Local screening shall be done using
EADS.
945.603 Abandonment, destruction or
donation of excess personal property.
Disposal of surplus property.
945.604–1
Disposal methods.
(b)(3) Recovering precious metals.
Contractors generating contractor
inventory containing precious metals or
possessing precious metals excess to
their programmatic requirements, shall
identify and promptly report such items
to the contracting officer for review,
approval and reporting to the DOE
Business Center for Precious Metals
Sales & Recovery (Business Center).
This includes Gold, Silver, Platinum,
Rhodium, Palladium, Iridium, Osmium,
and Ruthenium in any form, shape,
concentration, or purity. Report all
RCRA contaminated precious metals,
but not radiological contaminated. The
Y–12 NNSA Site Office is responsible
for maintaining the DOE Business
Center. Precious metals scrap will be
reported to the DOE Business Center.
(d) See 945.670 for DOE disposal
methods.
945.670
DOE disposal methods.
945.670–1
Plant clearance function.
If the plant clearance function has not
been formally delegated to another
Federal agency, the contracting officer
shall assume all responsibilities of the
plant clearance officer identified in 48
CFR 45.606–3.
945.670–2 Disposal of radioactively
contaminated personal property.
Special procedures regarding the
disposal of radioactively contaminated
property may be found at 41 CFR 109–
45.50.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
945.670–3 Waiver of screening
requirements.
(a) The Director of the Personal
Property Management Division, within
the Headquarters procurement
organization may authorize exceptions
from screening requirements.
(b) A request to the Director of the
Personal Property Management
Division, within the Headquarters
procurement organization for the waiver
of screening requirements must be
submitted by the Procurement Directors
with a justification setting forth the
compelling circumstances warranting
the exception.
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Authority: 42 U.S.C. 2201; 2282a; 2282b;
2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401
et seq.
970.5244–1
[Amended]
16. Section 970.5244–1 is amended
by:
a. Revising the clause date to read as
set forth below; and
b. Revising clause paragraph (k) and
adding a paragraph (q)(13).
The revisions and additions read as
follows:
970.5244–1
system.
Contractor purchasing
*
*
*
*
*
CONTRACTOR PURCHASING
SYSTEM (XXX 20XX) [abbreviated
month and year of the date of
publication of the final rule]
*
*
*
*
*
(k) Government Property. The Contractor
shall establish and maintain a property
management system that complies with
criteria in 48 CFR 970.5245–1, Property, and
48 CFR 52.245–1, Government Property.
*
*
*
*
*
(q) * * *
(13) Products made in Federal penal and
correctional institutions—41 CFR 101–26.702
*
*
*
*
*
17. Section 970.5245–1 is amended
by:
a. Revising the date of the clause to
read as set forth below;
b. Removing and reserving paragraph
(i)(1)(ii)(B).
The revisions read as follows:
970.5245–1
Property.
*
*
*
*
*
PROPERTY (XXX 20XX) [abbreviated
month and year 30 DAYS AFTER date
of publication of the final rule]
*
*
*
*
*
(i) * * *
(1) * * *
(ii) * * *
(B) [Reserved]
*
*
*
*
*
[FR Doc. 2011–4350 Filed 3–3–11; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00022
Fmt 4702
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[Docket No. FRA–2009–0041, Notice No. 1]
49 CFR Part 234
RIN 2130–AC12
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
FRA is proposing
amendments to its primary regulations
on grade crossing safety. The major
amendments proposed would require a
railroad that dispatches a train through
a public or private highway-rail or
pathway grade crossing to establish and
maintain a system that allows a member
of the public to call the railroad and
report an emergency or other unsafe
condition at the crossing. Upon
receiving such a report, the railroad
would be required to warn all trains
authorized to operate through the
crossing of the reported unsafe
condition, inform local law enforcement
of the reported unsafe condition, and
either investigate the report itself or
request that the railroad with
maintenance responsibility for the
crossing investigate the report. If the
report is substantiated, the railroad with
maintenance responsibility for the
crossing would be required to take
certain actions to remedy the condition
found.
DATES: Written comments must be
received by May 3, 2011. Comments
received after that date will be
considered to the extent possible
without incurring additional expenses
or delays.
FRA anticipates being able to resolve
this rulemaking without a public, oral
hearing. However, if FRA receives a
specific request for a public, oral
hearing prior to May 3, 2011, one will
be scheduled, and FRA will publish a
supplemental notice in the Federal
Register to inform interested parties of
the date, time, and location of any such
hearing.
ADDRESSES: Comments: Comments
related to Docket No. FRA–2009–0041
may be submitted by any of the
following methods:
• Online: Comments should be filed
at the Federal eRulemaking Portal,
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
SUMMARY:
E:\FR\FM\04MRP1.SGM
04MRP1
]]>Agencies
[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Proposed Rules]
[Pages 11985-11992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4350]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
48 CFR Parts 908, 945, and 970
RIN 1991-AB86
Acquisition Regulation: Department of Energy Acquisition
Regulation, Government Property
AGENCY: Department of Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is proposing to amend the
Department of Energy Acquisition Regulation (DEAR) to conform to the
Federal Acquisition Regulation (FAR), remove out-of date government
property coverage, and update references. This proposed rule does not
alter substantive rights or obligations under current law.
DATES: Written comments on the proposed rulemaking must be received on
or before close of business April 4, 2011.
ADDRESSES: This proposed rule is available and you may submit comments,
identified by DEAR: parts 908, 945 and 970 and RIN 1991-AB86, by any of
the following methods: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
E-mail to: DEARrulemaking@hq.doe.govmailto:. Include DEAR: parts
908 and 945 and RIN 1991-AB86 in the subject line of the message.
Mail to: U.S. Department of Energy, Office of Resource Management,
MA-632, 1000 Independence Avenue, SW.,
[[Page 11986]]
Washington, DC 20585. Comments by e-mail are encouraged.
FOR FURTHER INFORMATION CONTACT: Helene Abbott at (202) 287-1593 or via
e-mail: helene.abbott@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Background
Section-by-Section Analysis
Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under the National Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Approval by the Office of the Secretary of Energy
I. Background
DOE is proposing to amend parts 908, Required Sources of Supplies
and Services, 945, Government Property, and related 970, Management and
Operating Contracts, to remove out-of-date coverage, to update
references and to conform to the FAR.
Part 945 is amended to conform to FAR Part 45, Government Property.
On May 15, 2007 (72 FR 27364), in the Federal Acquisition Circular
(FAC) 2005-17, FAR Part 45 was amended to simplify procedures, clarify
language, and eliminate out-of-date requirements related to the
management and disposition of Government property in the possession of
contractors by establishing a life-cycle approach to property
management and sanctioning the use of consensus standards or industry-
leading standards and practices for property management. The FAC
deleted outdated clauses and combined selected FAR property clauses
into a single clause. This proposed rule updates corresponding DEAR
sections to conform to the FAR and other federal agencies' procedures.
None of these changes are substantive or of a nature to cause any
significant expense for DOE or its contractors.
II. Section-by-Section Analysis
DOE proposes to amend the DEAR as follows:
1. Section 908.1102 is amended by redesignating paragraph (a)(4) as
908.1102-70 Vehicle leasing to conform to the FAR convention, and
adding the phrase ``All subsequent lease renewals or extensions may be
exercised only when General Service Administration (GSA) has advised
that it cannot furnish the vehicle(s) as prescribed herein.''
2. Section 908.1104(f) is amended by removing ``Federal Property
Management Regulation (FPMR) 41 CFR 101-38.6.'' and adding in its place
``Federal Management Regulation (FMR) 41 Code of Federal Regulation
(CFR) 102-34.160, 102-34.175 and 102-34.80'' to provide the updated
citation.
3. Section 908.7101-2(a) is amended by removing ``FPMR 41 CFR 101-
25.304, 101-26.501, and 101-38.13 and DOE-PMR 41 CFR 109-25.304, 109-
38.13, and 109-38.51'' and adding in its place ``Federal Property
Management Regulations (FPMR) 41 CFR 101-26.501, and FMR 41 CFR 102-34,
and Department of Energy-Property Management Regulations (DOE-PMR) 41
CFR 109-26.501'' to provide the updated citation.
4. Section 908.7101-2 paragraph (b) is amended by removing ``on GSA
Form 1781, Motor Vehicle Requisition--Delivery Order--Invoice,'' and
adding in its place ``utilizing GSA's on-line system (Auto Choice)'' to
update the procedures.
5. Section 908.7101-3 is amended by removing ``those'' in the third
sentence and removing in the last sentence, ``(See DOE-PMR 41 CFR 109-
38.5102-4)'' to correct grammar and to remove an out-of-date citation.
6. Section 908.7101-4 is amended in paragraph (a) by removing
``FMPR 101-38.9 and DOE-PMR 41 CFR 109-38.9'' and adding in its place
``FMR 102-34.270'' to update the citation.
7. Section 908.7101-5 is amended in the third sentence by removing
``38.5102'' and adding in its place ``26.501-50 and 109-26.501-51,'' to
update the citation.
8. Section 908.7101-6 is amended in paragraph (a) by removing the
last three sentences and adding in their place ``Such forecast shall be
submitted to the Property Executive, or designee, when requested.
9. Section 908.7101-6 is amended in paragraph (b) by removing
``Sedans, station wagons, and light trucks requisitioned according to
an approved forecast, but not contracted for by GSA until the
subsequent fiscal year, will'' and adding in its place ``Approved
sedans, station wagons, and light trucks requisitioned, but not
contracted for by GSA until the subsequent fiscal year, shall'' to
update the procedures.
10. Section 908.7101-7 is amended in paragraph (a) by removing
``101-38.303'' and adding in its place ``102-34.140'' to update the
citation.
11. Section 908.7101-7 is amended in paragraph (b) by removing in
the second sentence the ``,'' after records; removing in the second
sentence the ``Director, Office of Property Management,'' and adding in
its place ``Director, Personal Property Management Division,'' to
correct grammar and update office names.
12. Section 908.7101-7 is amended in paragraph (e) by removing the
sentence and adding in its place ``See DOE-PMR 41 CFR 109-38.202-2 and
109-38.202-3 for additional guidance.'' to update the citation.
13. Section 908.7102 is amended by removing the sentence and adding
in its place ``Acquisition of aircraft shall be in accordance with FMR
41 CFR 102-33, subpart B and DOE Order 440.2B latest revision.'' to
update the citation.
14. Section 908.7103 is amended by removing ``FPMR 41 CFR 101-
25.104, 101-25.302, 101-25.302-3, 101-25.302-4, and 101-25.302-6, and
101-25.403, and DOE-PMR 41 CFR 109-25.302, 109-25.302-3, and 109-25.4''
and by adding in its place ``FPMR 41 CFR 101-25.104, 101-25.302, and
DOE-PMR 41 CFR 109-25.302, and 109-25.4'' to update the citations.
15. Section 908.7104 is amended by removing ``FPMR 41 CFR 101-
25.104, 101-25.302, 101-25.302-1, 101-25.302-5, 101-25.302-7, and 101-
25.302-8, 101-25.404 and 101-26.505, and DOE-PMR 41 CFR 109-25.302,
109-25.302-1, and 109-25.350'' and adding in its place ``FPMR 41 CFR
101-25.104, 101-25.302, 101-25.302-5, 101-25.302-7, 101-25.404 and 101-
26.505, and DOE-PMR 41 CFR 109-25.302, and 109-25.350'' to update the
citations.
16. Section 908.7121 is revised to update the first paragraph to
clarify that the contracting officers shall require authorized
contractors to follow procedures set forth in paragraphs (a) through
(c).
17. Section 908.7121(b) Precious metals is revised to update the
responsible office in subparagraph (1) and add subparagraph (2) to
reference 945.604-1 for contractor identification and reporting for
contractor inventory containing precious metals or possessing precious
metals excess.
18. Section 908.7121(c) is amended to state that lithium is
available from The National Nuclear Security Administration (NNSA), Y-
12 National Security Complex in Oak Ridge, TN (Y-12) and that the
excess quantities at Y-12 are to be the first source of supply.
19. Part 945 is amended to simplify procedures, clarify language,
and eliminate obsolete requirements related to the management and
disposition of Government property in the possession of contractors to
conform to FAR Part 45 Government Property regulation.
[[Page 11987]]
20. Section 945.000 is amended by lower casing the first letter of
the word ``part''; by reversing ``operating and management'' to read
``management and operating''; and by removing the second sentence in
its entirety.
21. Section 945.101 is amended by removing the definition of
capital equipment; and adding a definition of sensitive property. For
clarity, since the FAR definition of sensitive property was changed
under FAC 2005-17 and for further emphasis by DOE, the FAR definition
is incorporated by reference.
22. Section 945.102-70 is revised in the first paragraph, first
sentence, by removing ``Within 30 days after the end of each fiscal
year,'' and adding in its place ``The below listed information may be
required to be reported from time to time to''; and by removing
``Director, Office of Property Management,'' and adding in its place
``Personal Property Management Division''; in paragraph (e), by
removing ``dollar'' and adding in its place ``acquisition''; and in
paragraph (e), by removing ``as reported on last semiannual asset
report (including date of report),''. These changes correct the
reporting process and provide the correct title of the receiving
activity. Changes pertain to the Property Information Database System
(PIDS) which was created by the Idaho National Lab and has been in use
since the late 1990s. The PIDS system is used by both DOE and
Contractors alike.
23. Subpart 945.1 is revised to add the new section ``945.102-72
Reporting of contractor sensitive property inventory'' to reflect the
current sensitive property policy.
24. Section 945.3 is amended by redesignating subpart 945.3 and
section 945.303-1 as section 945.170 and section 945.170-1,
respectively, and by reserving section 945.3 and by using lower case
letters for ``property'' and ``contractors'' in the section 945.170
title, and by adding a period at the end of ``contractors''. These
changes are made to conform to the FAR.
25. Subpart 945.4 is amended by removing and reserving this subpart
in its entirety to conform to the FAR.
26. Section 945.5 title is amended by removing ``Management of
Government Property in the Possession of Contractors'' and adding in
its place ``Support Government Property Administration'' to conform to
the FAR.
27. Section 945.505-11 is removed in its entirety to conform to the
FAR.
28. Subpart 945.5 is revised by changing its title to ``945.570
Management of Government property in the possession of contractors'' to
conform to the FAR.
29. Section 945.506 is removed in its entirety.
30. Section 945.570-2 is redesignated as 945.570-1 and is amended
at paragraph (c) the second sentence by removing ``(GSA Form 1781)'',
and adding ``via GSA Autochoice'' after ``should be processed''. The
replaced information updates the DEAR to conform to GSA's current
procedures.
31. Redesignated 945.570-1(f) is amended by removing ``Motor
Vehicle Rental'' and adding in its place ``Leasing of Automobiles and
Light Trucks''.
32. Section 945.570-7 is redesignated as 945.570-2.
33. Section 945.570-8 is redesignated as 945.570-3 and is revised
in section (a) in the first sentence, by removing ``(on or before
December 1)''.
34. Redesignated 945.570-3(b) is amended after ``DOE-owned'' by
adding ``, GSA leased''; before ``and/or'' and by adding
``electronically'' before ``submit''.
35. Redesignated 945.570-3(b)(1) is amended by removing ``DOE
Report of Motor Vehicle Data (passenger vehicles)'' and adding in its
place ``Annual Motor Vehicle Fleet Report''.
36. Redesignated section 945.570- 3(b)(2) is amended by removing
``DOE Report of Truck Data'' and adding in its place ``Federal Fleet
Report (41 CFR 102-34.335)''.
37. Subpart 945.6 is amended by removing the subpart title
``Reporting, Redistribution, and Disposal of Contractor Inventory'' and
adding in its place ``Reporting, Reutilization, and Disposal''.
38. Subpart 945.6 is amended by adding a new section ``945.602
Reutilization of Government property.''
39. Subpart 945.6 is amended by adding a new section ``945.602-70
Local screening''.
40. Section 945.603 is redesignated as 945.670, DOE disposal
methods.
41. Section 945.603-70 is amended by redesignating this section as
``945.670-1''; and removing ``FAR Subpart 45.6'' and adding in its
place ``48 CFR 45.606-3''. This amendment is to conform the DEAR to the
FAR.
42. Section 945.603-71 is redesignated as ``945.670-2''.''
43. Subpart 945.6 is amended by adding a new section 945.603
Abandonment, destruction or donation of excess personal property which
refers to 945.670 for disposal methods. These changes are made to
conform to the FAR and move current DEAR information to a new section.
44. Subpart 945.6 is revised by adding a new section 945.604
Disposal of surplus property to conform to the FAR.
45. Section 945.607-2(b) is redesignated as 945.604-1 Recovering
precious metals. The office name and address are updated. Paragraph (d)
references 945.670 for DOE disposal methods. By adding the other
precious metals, we are aligning the DEAR to FAR 46.101.
47. Section 945.608-2 is redesignated as ``945.602-3(a)'' and is
amended by removing subparagraph (b)(1) in its entirety and adding in
its place ``(a) Standard screening. (1) Prior to reporting excess
property to GSA, all reportable property, as identified in Federal
Management Regulation 41 CFR 102-36.220, shall be reported for
centralized screening in the DOE Energy Asset Disposal System (EADS).
Reportable excess personal property will be screened internally via the
EADS system for a period of 15 days.'' These changes are made to update
the DEAR to the current on-line reporting.
50. Redesignated section 945.602-3(a)(1)(i) [previously 945.608-
2(b)(1)] is amended by in the first sentence, by removing ``REAPS'' and
adding in its place ``EADS''; in the first sentence, by removing
``address code'' and adding in its place ``Activity Address Code
(AAC)''; by removing the second sentence in its entirety and adding in
its place ``The AAC will be assigned by DOE Headquarters upon receipt
of a formal letter of authorization signed by the DOE contracting
officer,'', and by removing the third sentence in its entirety. These
changes are made to update the current procedure.
51. Redesignated section 945.602-3(a)(1)(ii) is amended by removing
the sentence in its entirety and adding a new sentence to indicate that
any changes to an Activity Address code shall be submitted to the
Office of Procurement and Assistance Management, Personal Property
Management Division, within the Headquarters procurement organization.
52. The section designated as 945.608-3 is removed. Section
945.602-70 Local screening provides the correct process and title for
property screening and disposal.
53. The section designated as 945.608-4 is removed.
54. Section 945.608-5 is redesignated as 945.602-3(b)(2) and is
amended in the first paragraph, by adding ``(b) Special screening
requirements. (2) Special test equipment with commercial components--''
prior to the redesignated text.
55. Section 945.608-5(c) is redesignated as 945.602-3(b)(3).
56. Section 945.608-6 is redesignated as 945.670-3; and is amended
in paragraph (a) after requirements, by removing ``in accordance with
the provisions of FAR 45.608-6.''; in both
[[Page 11988]]
paragraphs, by removing ``Office of Property Management Division'' and
adding in its place ``Personal Property Management Division''; and in
paragraph (b) by removing ``HCA'' and adding in its place ``Procurement
Directors''.
57. Section 945.610-4 is redesignated as 945.671.
58. Section 970.5244-1(k) is amended by removing the paragraph in
its entirety and adding in its place ``Government Property''. The
Contractor shall establish and maintain a property management system
that complies with criteria in 48 CFR 970.5245-1, Property, and 48 CFR
52.245-1, Government Property.''
59. Section 970.5244-1(q)(13) is added to correct an error in the
DEAR Final Rule [74 FR 36376-36378, dated July 22, 2009] which omitted
``Products made in Federal and penal and correctional institutions--41
CFR 101-26.702.''
60. Section 970.5245-1 is amended by removing and reserving
paragraph (i)(1)(ii)(B). This amendment clarifies the contract
conditions for property management systems approval.
III. Procedural Requirements
A. Review Under Executive Order 12866
This 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.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
an agency prepare an initial regulatory flexibility analysis for any
regulation for which a general notice or proposed rulemaking is
required, unless the agency certifies that the rule, if promulgated,
will not have a significant economic impact on a substantial number of
small entities (5 U.S.C. 605(b)). This rule updates references in the
DEAR that apply to public contracts and does not impose any additional
requirements on small businesses. This proposed rule does not alter any
substantive rights or obligations and consequently, this proposed rule
will not have a significant cost or administrative impact on
contractors, including small entities.
On the basis of the foregoing, DOE certifies that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. Accordingly, DOE has not prepared a
regulatory flexibility analysis for this rulemaking. DOE's
certification and supporting statement of factual basis will be
provided to the Chief Counsel for Advocacy of the Small Business
Administration pursuant to 5 U.S.C. 605(b).
D. Review Under the Paperwork Reduction Act
This proposed rule does not impose a collection of information
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Existing burdens associated with the collection of certain
contractor data under the DEAR have been cleared under OMB control
number 1910-4100.
E. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of this proposed rule falls
into a class of actions which would not individually or cumulatively
have significant impact on the human environment, as determined by
DOE's regulations (10 CFR part 1021, subpart D) implementing the
National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et
seq.). Specifically, this proposed rule is categorically excluded from
NEPA review because the amendments to the DEAR are strictly procedural
(categorical exclusion A6). Therefore, this proposed rule does not
require an environmental impact statement or an environmental
assessment pursuant to NEPA.
F. Review Under Executive Order 13132
Executive Order 13132, [64 FR 43255, August 4, 1999], imposes
certain requirements on agencies formulating and implementing policies
or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The Executive Order requires agencies to
have an accountability process to ensure meaningful and timely input by
state and local officials in the development of regulatory policies
that have federalism implications. On March 14, 2000, DOE published a
statement of policy describing the intergovernmental consultation
process it will follow in the development of such regulations [65 FR
13735]. DOE has examined the proposed rule and has determined that it
does not preempt State law and does not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
G. Review Under the Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires a Federal agency to perform a written assessment of costs and
benefits of any rule imposing a Federal mandate with costs to State,
local or tribal governments, or to the private sector of $100 million
or more. This rulemaking proposes changes that do not alter any
substantive rights or obligations. This
[[Page 11989]]
proposed rule does not impose any mandates.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for any rulemaking or policy that may
affect family well-being. This rulemaking will have no impact on the
autonomy or integrity of the family as an institution. Accordingly, DOE
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use, [66 FR 28355,
May 22, 2001] requires Federal agencies to prepare and submit to Office
of Information and Regulatory Affairs (OIRA) of the Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under Executive Order 12866, or any successor order; (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
This proposed 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 the
proposed rule under the OMB and DOE guidelines and has concluded that
it is consistent with applicable policies in those guidelines.
K. Approval by the Office of the Secretary of Energy
Issuance of this proposed rule has been approved by the Office of
the Secretary of Energy.
List of Subjects in 48 CFR Parts 908, 945, and 970
Government procurement.
Issued in Washington, DC, on February 2, 2011.
Patrick M. Ferraro,
Acting Director, Office of Procurement and Assistance Management,
Department of Energy .
Joseph W. Waddell,
Director, Office of Acquisition and Supply Management, National Nuclear
Security Administration.
For the reasons set out in the preamble, the Department of Energy
(DOE) proposes to amend Chapter 9 of Title 48 of the Code of Federal
Regulations as set forth below.
PART 908--REQUIRED SOURCES OF SUPPLIES AND SERVICES
1. The authority citation for part 908 continues to read as
follows:
Authority: 42 U.S.C. 7101, et seq.; 50 U.S.C. 2401, et seq.
2. Section 908.1102 is revised to read as follows:
908.1102 Presolicitation requirements.
2a. Section 908.1102-70 is added to read as follows:
908.1102-70 Vehicle leasing.
(a)(4) Commercial vehicle lease sources may be used only when the
General Services Administration (GSA) has advised that it cannot
furnish the vehicle(s) through the Interagency Motor Pool System and it
has been determined that the vehicle(s) are not available through the
GSA Consolidated Leasing Program. All subsequent lease renewals or
extensions may be exercised only when GSA has advised that it cannot
furnish the vehicle(s) as prescribed herein.
908.1104 [Amended]
3. Section 908.1104 is amended by removing ``(FPMR) 41 CFR 101-
38.6'' in paragraph (f) and adding in its place ``Federal Management
Regulation (FMR) 41 CFR 102-34.160, 102-34.175, and 102-34.180''.
4. Section 908.7101-2 is amended by:
a. Revising paragraph (a); and
b. Removing ``on GSA Form 1781, Motor Vehicle Requisition--Delivery
Order--Invoice,'' in paragraph (b), and adding in its place ``utilizing
GSA's on-line system (Auto Choice)''.
The revision reads as follows:
908.7101-2 Consolidated acquisition of new vehicles by General
Services Administration.
(a) New vehicles shall be procured in accordance with Federal
Property Management Regulations (FPMR) 41 CFR 101-26.501, and FMR 41
CFR 102-1 through 102-220, and Department of Energy-Property Management
Regulations (DOE-PMR) 41 CFR 109-26.501.
Orders for all motor vehicles must be placed using GSA's online
vehicle purchasing system (AutoChoice).
* * * * *
908.7101-3 [Amended]
5. Section 908.7101-3 is amended by removing ``those'' in the third
sentence; and ``(See DOE-PMR 41 CFR 109-38.5102-4)'' in the last
sentence.
908.7101-4 [Amended]
6. Section 908.7101-4 is amended by removing ``FPMR 41 CFR 101-38.9
and DOE-PMR 41 CFR 109-38.9.'' in paragraph (a), and adding in its
place. ``FMR 41 CFR 102-34.270.''
908.7101-5 [Amended]
7. Section 908.7101-5 is amended by removing ``109-38.5102,'' in
third sentence and adding in its place ``109-26.501-50 and 109-26.501-
51,''.
908.7101-6 [Amended]
8. Section 908.7101-6 is amended by:
a. Removing the last three sentences in paragraph (a), and adding
in their place ``Such forecast shall be submitted to the Property
Executive, or designee.''; and
b. Removing ``Sedans'' at the beginning of the first sentence of
paragraph (b) and adding ``Approved sedans'' in its place;
c. Removing in paragraph (b) ``according to an approved forecast''
and removing ``will'' and adding in its place ``shall''.
908.7101-7 [Amended]
9. Section 908.7101-7 is amended by:
a. Removing ``FPMR 41 CFR 101-38.303.'' in paragraph (a) and adding
in its place ``FMR 41 CFR 102-34.140.'';
b. Removing in paragraph (b) in the second sentence, ``records,''
and adding in its place ``records'';
c. Removing in paragraph (b) ``Director, Office of Property
Management,'' and adding in its place ``Director, Office of Personal
Property Management Division,''; and
d. Removing ``109-38.3 and 109-38.6'' in paragraph (e) and adding
in its place ``109-38.202-2 and 109-38.202-3''.
[[Page 11990]]
10. Section 908.7102 is revised to read as follows:
908.7102 Aircraft.
Acquisition of aircraft shall be in accordance with FMR 41 CFR part
102-33, subpart B and DOE Order 440.2B latest revision.
908.7103 [Amended]
11. Section 908.7103 is amended by removing ``101-25.302-3, 101-
25.302-4, and 101-25.302-6, and 101-25.403,'' and ``109-25.302-3,'' and
adding in its place ``FPMR 41 CFR 101-25.104, 101-25.302, and DOE-PMR
41 CFR 109-25.302, and 109-25.4.''
908.7104 [Amended]
12. Section 908.7104 is amended by removing ``FMPR 41 CFR 101-
25.104, 101-25.302, 101-25.302-1, 101-25.302-5, 101-25.302-7 and 101-
25.302-8, 101-25.404 and 101-26.505 and DOE PMR 41 CFR 109-25.302, 109-
25.302-1 and 109-25.350'' and adding in its place ``FPMR 41 CFR 101-
25.104, 101-25.302, 101-25.302-5, 101-25.302-7, 101-25.404 and 101-
26.505 and DOE-PMR 41 CFR 109-25.302 and 109-25.350.''
13. Section 908.7121 is revised to read as follows:
908.7121 Special materials.
This section covers the purchase of materials peculiar to the DOE
program. While purchases of these materials may be unclassified, the
specific quantities, destination or use may be classified (see
appropriate sections of the Classification Guide). Contracting officers
shall require authorized contractors to obtain the special materials
identified in the following subsections in accordance with the
following procedures:
(a) Heavy water. The Senior Program Official or designee controls
the acquisition and production of heavy water for a given program.
Request for orders shall be placed directly with the cognizant Senior
Program Official or designee.
(b) Precious metals. (1) NNSA, Y-12 National Security Complex in
Oak Ridge, TN is responsible for maintaining the DOE supply of precious
metals. These metals are platinum, palladium, iridium, osmium, rhodium,
ruthenium, gold and silver. The NNSA Y-12 National Security Complex has
assigned management of these precious metals to its Management and
Operating (M&O) contractor. DOE and NNSA offices and authorized
contractors shall coordinate with the Y-12 M&O contractor regarding the
availability of these metals prior to purchasing in the open market.
(2) For contractor inventory containing precious metals or
possessing precious metals excess, see 945.604-1 for contractor
identification and reporting.
(c) Lithium. Lithium is available from Y-12 at no cost other than
normal packing, handling, and shipping charges from Oak Ridge. The
excess quantities at Y-12 are the first source of supply prior to
procurement of lithium compounds from any other source.
14. Part 945 is revised to read as follows:
PART 945--GOVERNMENT PROPERTY
Sec.
945.000 Scope of part.
Subpart 945.1--General
945.101 Definitions.
945.102-70 Reporting of contractor-held property.
945.102-71 Maintenance of records.
945.102-72 Reporting of contractor sensitive property inventory.
945.170 Providing Government property to contractors.
945.170-1 Policy.
Subpart 945.3 [Reserved]
Subpart 945.4 Reserved]
Subpart 945.5--Support Government Property Administration
945.570 Management of Government property in the possession of
contractors.
945.570-1 Acquisition of motor vehicles.
945.570-2 Disposition of motor vehicles.
945.570-3 Reporting motor vehicle data.
Subpart 945.6--Reporting, Reutilization, and Disposal
945.602 Reutilization of Government property.
945.602-3 Screening.
945.602-70 Local screening.
945.603 Abandonment, destruction or donation of excess personal
property.
945.604 Disposal of surplus property.
945.604-1 Disposal methods.
945.670 DOE disposal methods.
945.670-1 Plant clearance function.
945.670-2 Disposal of radioactively contaminated personal property.
945.670 Waiver of screening requirements.
945.671 Contractor inventory in foreign countries.
Authority: 42 U.S.C. 7101, et seq.; 50 U.S.C. 2401, et seq.
945.000 Scope of part.
This part and 48 CFR part 45 are not applicable to the management
of property by management and operating contractors, unless otherwise
stated.
Subpart 945.1--General
945.101 Definitions.
Personal property, as used in this part, means property of any kind
or interest therein, except real property; records of the Federal
Government; and nuclear and special source materials, atomic weapons,
and by-product materials.
Sensitive property, as used in this part, has the meaning contained
in 48 CFR 45.101.
945.102-70 Reporting of contractor-held property.
The information listed in this section may be required to be
reported from time to time to the Head of the Contracting Activity
shall report the following information to the Personal Property
Management Division, within the Headquarters procurement organization:
(a) Name and address of each contractor with DOE property in their
possession, or in the possession of their subcontractors (do not
include grantees, cooperative agreements, interagency agreements, or
agreements with state or local governments).
(b) Contract number of each DOE contract with Government property.
(c) Date contractor's property management system was approved and
by whom (DOE office, Defense Contract Management Command, or the Office
of Naval Research).
(d) Date of most current appraisal of contractor's property
management system, who conducted the appraisal, and status of the
system (satisfactory or unsatisfactory).
(e) Total acquisition value of DOE property for each DOE contract
administered by the contracting activity.
945.102-71 Maintenance of records.
The contracting activity shall maintain records of approvals and
reviews of contractors' property management systems, the dollar value
of DOE property as reported on the most recent semiannual financial
report, and records on property administration delegations to other
Government agencies.
945.102-72 Reporting of contractor sensitive property inventory.
(a) For Department of Energy (DOE) sensitive property, the
Organizational Property Management Officer (OPMO) shall submit a
contractor-specific list of sensitive property to the DOE Property
Executive, Office of Resource Management, or designee, by October 31st
of each year for review and approval. The DOE Property Executive or
designee will provide the approved contractor-specific list to the
appropriate Contracting Officer and OPMO.
(b) For National Nuclear Security Administration (NNSA) sensitive
property, the OPMO shall submit a contractor-specific list of sensitive
[[Page 11991]]
property to the Director NNSA, Office of Acquisition and Supply
Management, or designee, by October 31st of each year for review and
approval. The Director, NNSA or designee, will provide the approved
contractor-specific list to the appropriate Contracting Officer and
OPMO.
945.170 Providing Government property to contractors.
945.170-1 Policy.
The DOE has established specific policies concerning special
nuclear material requirements needed under DOE contracts for
fabricating end items using special nuclear material, and for
conversion or scrap recovery of special nuclear material. Special
nuclear material means uranium enriched in the isotopes U233 or U235,
and/or plutonium, other than PU238. The policies to be followed are:
(a) Special nuclear material will be furnished by the DOE for
fixed-price contracts and subcontracts, at any tier, which call for the
production of special nuclear products, including fabrication and
conversion, for Government use. (The contractor or subcontractor must
have the appropriate license or licenses to receive the special nuclear
material. The Nuclear Regulatory Commission is the licensing agency.)
(b) Contracts and subcontracts for fabrication of end items using
special nuclear material generally shall be of the fixed-price type.
Cost-type contracts or subcontracts for fabrication shall be used only
with the approval of the Head of the Contracting Activity. This
approval authority shall not be further delegated.
(c) Contracts and subcontracts for conversion or scrap recovery of
special nuclear material shall be of a fixed-price type, except as
otherwise approved by the Head of the Contracting Activity.
Subpart 945.3 [Reserved]
Subpart 945.4 [Reserved]
Subpart 945.5--Support Government Property Administration
945.570 Management of Government property in the possession of
contractors.
945.570-1 Acquisition of motor vehicles.
(a) GSA Interagency Fleet Management System (GSA-IFMS) is the first
source of supply for providing motor vehicles to contractors; however,
contracting officer approval is required for contractors to utilize
this service.
(b) Prior approval of GSA must be obtained before--
(1) Fixed-price contractors can use the GSA-IFMS;
(2) DOE-owned motor vehicles can be furnished to any contractor in
an area served by GSA-IFMS; and
(3) A contractor can commercially lease a motor vehicle for more
than 60 days after GSA has determined that it can provide the required
vehicle.
(c) GSA has the responsibility for acquisition of motor vehicles
for Government agencies. All requisitions shall be processed via GSA
Autochoice in accordance with 41 CFR 101-26.501.
(d) Contractors shall submit all motor vehicle requirements to the
contracting officer for approval.
(e) The acquisition of sedans and station wagons is limited to
small, subcompact, and compact vehicles which meet Government fuel
economy standards. The acquisition of light trucks is limited to those
vehicles which meet the current fuel economy standards set by Executive
Orders 12003 and 12375.
(f) Cost reimbursement contractors may be authorized by the
contracting officer to utilize GSA Federal Supply Schedule 751, Leasing
of Automobiles and Light Trucks, for short term rentals not to exceed
60 days, and are required to utilize available GSA consolidated leasing
programs for long term (60 continuous days or longer) commercial
leasing of passenger vehicles and light trucks.
(g) The Personal Property Management Division, within the
Headquarters procurement organization shall certify all requisitions
prior to submittal to GSA for the following:
(1) The acquisition of sedans and station wagons.
(2) The lease (60 continuous days or longer) of any passenger
automobile.
(3) The acquisition or lease (60 continuous days or longer) of
light trucks less than 8,500 GVWR.
(h) Purchase requisitions for other motor vehicles may be submitted
directly to GSA when approved by the contracting officer.
(i) Contractors shall thoroughly examine motor vehicles acquired
under a GSA contract for defects. Any defect shall be reported promptly
to GSA, and repairs shall be made under terms of the warranty.
945.570-2 Disposition of motor vehicles.
(a) The contractor shall dispose of DOE-owned motor vehicles as
directed by the contracting officer.
(b) DOE-owned motor vehicles may be disposed of as exchange/sale
items when directed by the contracting officer; however, a designated
DOE official must execute the Title Transfer forms (SF-97).
945.570-3 Reporting motor vehicle data.
(a) Contractors conducting motor vehicle operations shall forward
annually to the contracting officer their plan for acquisition of motor
vehicles for the next fiscal year for review, approval and submittal to
DOE Headquarters. This plan shall conform to the fuel efficiency
standards for motor vehicles for the applicable fiscal year, as
established by Executive Orders 12003 and 12375 and as implemented by
GSA and current DOE directives. Additional guidance for the preparation
of the plan will be issued by the contracting officer, as required.
(b) Contractors operating DOE-owned, GSA leased and/or commercially
leased (for 60 continuous days or longer) motor vehicles shall prepare
and electronically submit the following annual year-end reports to the
contracting officer:
(1) Annual Motor Vehicle Fleet Report.
(2) Federal Fleet Report (41 CFR 102-34.335).
Subpart 945.6--Reporting, Reutilization, and Disposal
945.602 Reutilization of Government property.
945.602-3 Screening.
(a) Standard screening. (1) Prior to reporting excess property to
GSA, all reportable property, as identified in Federal Management
Regulations 41 CFR 102-36.220, shall be reported for centralized
screening in the DOE Energy Asset Disposal System (EADS). Reportable
excess personal property will be screened internally via the EADS
system for a period of 15 days.
(i) EADS requires the inclusion of a six character Activity Address
Code (AAC) which identifies the reporting contractor. The AAC will be
assigned by DOE Headquarters upon receipt of a formal letter of
authorization signed by the DOE contracting officer.
(ii) Requests to establish, extend or delete an Activity Address
Code shall be submitted by the contracting officer to the Office of
Procurement and Assistance Management, Personal Property Management
Division, within the Headquarters procurement organization.
(b) Special screening requirements. (2) Special test equipment with
commercial components.--Prior to reporting the property to GSA in
accordance with 48 CFR 45.604-1(a), (b) and (c), the property shall be
reported and screened within DOE in accordance with 945.602-3(a) and
945.602-70.
(3) Printing equipment. All printing equipment excess to
requirements shall
[[Page 11992]]
be reported to the Office of Administration at Headquarters.
945.602-70 Local screening.
Local screening shall be done using EADS.
945.603 Abandonment, destruction or donation of excess personal
property.
See 945.670 for DOE disposal methods.
945.604 Disposal of surplus property.
945.604-1 Disposal methods.
(b)(3) Recovering precious metals. Contractors generating
contractor inventory containing precious metals or possessing precious
metals excess to their programmatic requirements, shall identify and
promptly report such items to the contracting officer for review,
approval and reporting to the DOE Business Center for Precious Metals
Sales & Recovery (Business Center). This includes Gold, Silver,
Platinum, Rhodium, Palladium, Iridium, Osmium, and Ruthenium in any
form, shape, concentration, or purity. Report all RCRA contaminated
precious metals, but not radiological contaminated. The Y-12 NNSA Site
Office is responsible for maintaining the DOE Business Center. Precious
metals scrap will be reported to the DOE Business Center.
(d) See 945.670 for DOE disposal methods.
945.670 DOE disposal methods.
945.670-1 Plant clearance function.
If the plant clearance function has not been formally delegated to
another Federal agency, the contracting officer shall assume all
responsibilities of the plant clearance officer identified in 48 CFR
45.606-3.
945.670-2 Disposal of radioactively contaminated personal property.
Special procedures regarding the disposal of radioactively
contaminated property may be found at 41 CFR 109-45.50.
945.670-3 Waiver of screening requirements.
(a) The Director of the Personal Property Management Division,
within the Headquarters procurement organization may authorize
exceptions from screening requirements.
(b) A request to the Director of the Personal Property Management
Division, within the Headquarters procurement organization for the
waiver of screening requirements must be submitted by the Procurement
Directors with a justification setting forth the compelling
circumstances warranting the exception.
945.671 Contractor inventory in foreign countries.
Contractor inventory located in foreign countries will be utilized
and disposed of in accordance with DOE-PMR 41 CFR part 109-43, subpart
109-43.5, and part 109-45, subpart 45.51.
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
15. The authority citation for part 970 continues to read as
follows:
Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101
et seq.; 50 U.S.C. 2401 et seq.
970.5244-1 [Amended]
16. Section 970.5244-1 is amended by:
a. Revising the clause date to read as set forth below; and
b. Revising clause paragraph (k) and adding a paragraph (q)(13).
The revisions and additions read as follows:
970.5244-1 Contractor purchasing system.
* * * * *
CONTRACTOR PURCHASING SYSTEM (XXX 20XX) [abbreviated month and year
of the date of publication of the final rule]
* * * * *
(k) Government Property. The Contractor shall establish and
maintain a property management system that complies with criteria in
48 CFR 970.5245-1, Property, and 48 CFR 52.245-1, Government
Property.
* * * * *
(q) * * *
(13) Products made in Federal penal and correctional
institutions--41 CFR 101-26.702
* * * * *
17. Section 970.5245-1 is amended by:
a. Revising the date of the clause to read as set forth below;
b. Removing and reserving paragraph (i)(1)(ii)(B).
The revisions read as follows:
970.5245-1 Property.
* * * * *
PROPERTY (XXX 20XX) [abbreviated month and year 30 DAYS AFTER date
of publication of the final rule]
* * * * *
(i) * * *
(1) * * *
(ii) * * *
(B) [Reserved]
* * * * *
[FR Doc. 2011-4350 Filed 3-3-11; 8:45 am]
BILLING CODE 6450-01-P
