Federal Acquisition Regulation; Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns, 14570-14571 [2011-5559]

Download as PDF 14570 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 22, 25, and 52 [FAC 2005–50; FAR Case 2009–040; Item VII; Docket 2010–0092, Sequence 1] RIN 9000–AL57 Federal Acquisition Regulation; Trade Agreements Thresholds Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to incorporate increased thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. DATES: Effective Date: March 16, 2011. FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219–0202, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–50, FAR Case 2009–040. SUPPLEMENTARY INFORMATION: SUMMARY: jlentini on DSKJ8SOYB1PROD with RULES2 I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 38689 on July 2, 2010, to incorporate increased thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. Every two years, the trade agreements thresholds are adjusted according to a pre-determined formula under the agreements. These thresholds were effective on January 1, 2010. No public comments were received. DoD, GSA, and NASA have agreed to convert this FAR case from an interim to a final rule without change. The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the dollar threshold changes are designed to keep pace with inflation and thus maintain the status quo. IV. Paperwork Reduction Act List of Subjects in 48 CFR Parts 22, 25, and 52 Government procurement. Dated: March 4, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52, which was published in the Federal Register at 75 FR 38689 on July 2, 2010, is adopted as a final rule without change. ■ [FR Doc. 2011–5558 Filed 3–15–11; 8:45 am] II. Executive Order 12866 This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, VerDate Mar<15>2010 18:19 Mar 15, 2011 Jkt 223001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 30 and 52 [FAC 2005–50; FAR Case 2009–025; Item VIII; Docket 2010–0087, Sequence 1] RIN 9000–AL58 Federal Acquisition Regulation; Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 9000–0130, titled: Buy American Act-Free Trade AgreementsIsraeli Trade Act Certificate; 9000–0025, titled: Buy American Act, Trade Agreements Act Certificate; and 9000– 0141, titled: Buy American ActConstruction. BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to align it with a Cost Accounting Standards (CAS) Board clause, Disclosure and Consistency of Cost Accounting Practices-Foreign Concerns. DATES: Effective Date: March 16, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement Analyst, at (202) 501–3221 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–50, FAR Case 2009–025. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 34283 on June 16, 2010, to maintain consistency between CAS and FAR in matters relating to disclosure requirements of CAS for contracts awarded to foreign concerns. Specifically, the interim rule was issued in response to the Cost Accounting Standard Board’s March 26, 2008, publication of a final rule, which implemented the use of the clause, Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns, in CAS-covered contracts and subcontracts awarded to foreign concerns (73 FR 15939). The interim rule amended the FAR to align FAR clause 52.230–4 with the Cost Accounting Standards Board clause, Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns. FAR clause 52.230–6, Administration of Cost Accounting E:\FR\FM\16MRR2.SGM 16MRR2 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations Standards, was also revised to include reference to FAR clause 52.230–4. DoD, GSA, and NASA received no comments on the interim rule and have adopted the interim rule as a final rule without change. II. Executive Order 12866 List of Subjects in 48 CFR Parts 30 and 52 Government procurement. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 30 and 52, which was published in the Federal Register at 75 FR 34283 on June 16, 2010, is adopted as a final rule without change. BILLING CODE 6820–EP–P Jkt 223001 Federal Acquisition Regulation; Compensation for Personal Services Effective Date: March 16, 2011. Mr. Edward N. Chambers, Procurement Analyst, at (202) 501–3221 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–50, FAR Case 2009–026. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: I. Background Dated: March 4, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. [FR Doc. 2011–5559 Filed 3–15–11; 8:45 am] RIN 9000–AL54 DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR). The interim rule aligned the FAR with the revised Cost Accounting Standards (CAS) Board standards ‘‘Cost Accounting Standard for composition and measurement of pension cost,’’ and ‘‘Accounting for the cost of deferred compensation.’’ The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). ■ [FAC 2005–50; FAR Case 2009–026; Item IX; Docket 2010–0088, Sequence 1] SUMMARY: IV. Paperwork Reduction Act jlentini on DSKJ8SOYB1PROD with RULES2 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because contracts and subcontracts with small businesses are exempt from the application of the Cost Accounting Standards. 18:19 Mar 15, 2011 GENERAL SERVICES ADMINISTRATION AGENCIES: III. Regulatory Flexibility Act VerDate Mar<15>2010 DoD, GSA, and NASA received no comments on the interim rule and have adopted the interim rule as a final rule without change. DEPARTMENT OF DEFENSE 48 CFR Part 31 This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 34285 on June 16, 2010, to maintain consistency between CAS and FAR in matters relating to the administration of CAS. The interim rule aligned the existing FAR 31.205– 6(q)(2)(i) and (ii) with revisions to CAS 412 ‘‘Cost Accounting Standards for composition and measurement of pension cost,’’ and CAS 415 ‘‘Accounting for the cost of deferred compensation.’’ The CAS Board had specified that the accounting of Employee Stock Ownership Plan (ESOP) costs, regardless of type, would be covered by the provisions of CAS 415 only and not by CAS 412. The CAS Board also provided criteria in CAS 415 for measuring ESOP costs and assigning these costs to cost accounting periods. PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 14571 II. Executive Order 12866 This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because affected small businesses are currently required to comply with CAS 412 and CAS 415. While small businesses are otherwise not subject to CAS, they are subject to selected standards for the purpose of determining allowability of costs under Government contracts. Among these standards are CAS 412 and CAS 415 as set forth in FAR 31.205– 6(q). For small businesses currently using CAS 415, there will be no increase in cost or effort. For small businesses that must change from CAS 412 to CAS 415, the possible change from measuring costs in accordance with CAS 412 to CAS 415 would result, at most, in a negligible increase in administrative burden because of the similarities between CAS 412 and CAS 415. The potential increase of administrative effort, albeit minor, will be offset by the uniformity and consistency in accounting for deferred compensation costs achieved by this rule that will benefit all entities by reducing their administrative burden. IV. Paperwork Reduction Act The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 31 Government procurement. E:\FR\FM\16MRR2.SGM 16MRR2

Agencies

[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14570-14571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5559]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 30 and 52

[FAC 2005-50; FAR Case 2009-025; Item VIII; Docket 2010-0087, Sequence 
1]
RIN 9000-AL58


Federal Acquisition Regulation; Disclosure and Consistency of 
Cost Accounting Practices for Contracts Awarded to Foreign Concerns

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

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an 
interim rule amending the Federal Acquisition Regulation (FAR) to align 
it with a Cost Accounting Standards (CAS) Board clause, Disclosure and 
Consistency of Cost Accounting Practices-Foreign Concerns.

DATES: Effective Date: March 16, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement 
Analyst, at (202) 501-3221 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-50, FAR 
Case 2009-025.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 75 FR 34283 on June 16, 2010, to maintain consistency 
between CAS and FAR in matters relating to disclosure requirements of 
CAS for contracts awarded to foreign concerns. Specifically, the 
interim rule was issued in response to the Cost Accounting Standard 
Board's March 26, 2008, publication of a final rule, which implemented 
the use of the clause, Disclosure and Consistency of Cost Accounting 
Practices--Foreign Concerns, in CAS-covered contracts and subcontracts 
awarded to foreign concerns (73 FR 15939). The interim rule amended the 
FAR to align FAR clause 52.230-4 with the Cost Accounting Standards 
Board clause, Disclosure and Consistency of Cost Accounting Practices--
Foreign Concerns. FAR clause 52.230-6, Administration of Cost 
Accounting

[[Page 14571]]

Standards, was also revised to include reference to FAR clause 52.230-
4.
    DoD, GSA, and NASA received no comments on the interim rule and 
have adopted the interim rule as a final rule without change.

II. Executive Order 12866

    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because contracts and 
subcontracts with small businesses are exempt from the application of 
the Cost Accounting Standards.

IV. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 30 and 52

    Government procurement.

    Dated: March 4, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 30 and 52, which 
was published in the Federal Register at 75 FR 34283 on June 16, 2010, 
is adopted as a final rule without change.

[FR Doc. 2011-5559 Filed 3-15-11; 8:45 am]
BILLING CODE 6820-EP-P

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