Cost Accounting Standards: Change to the CAS Applicability Threshold for the Inflation Adjustment to the Truth in Negotiations Act Threshold, 79545-79547 [2011-32726]
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
This notice and the policy
are available in the docket and can be
viewed by going to https://www.
regulations.gov, inserting USCG–2011–
0465 in the ‘‘Keyword’’ box, and then
clicking ‘‘Search.’’ This material is also
available for inspection or copying at
the Docket management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays. This policy is
also available at https://homeport.uscg.
mil by clicking the ‘‘Library’’ tab >
Policy > Policy letters (inspection); CG–
543 Policy Letter 11–15.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Mr. Luke Harden, Office of
Vessel Activities (CG–543), (202) 372–
1206, email Luke.B.Harden@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
jlentini on DSK4TPTVN1PROD with RULES
Background and Purpose
Coast Guard regulations require every
applicant for an original or renewal of
a Merchant Mariner Credential (MMC)
obtain a Transportation Worker
Identification Credential (TWIC) (see 46
CFR part 10). These Coast Guard
regulations implement 46 U.S.C.
70105(b)(2)(B) and (D), which originally
mandated that all mariners required to
hold an MMC also obtain and hold a
valid TWIC. On October 15, 2010, the
President signed into law the Coast
Guard Authorization Act of 2010 (the
Act) (Pub. L. 111–281), which amended
Sec. 70105(b)(2) by exempting certain
mariners from the requirement to obtain
and hold a valid TWIC (See Section 809
of the Act).
While Section 809 did not exclude
any specific group of credentialed
mariners from the requirement to
possess a TWIC, it gave the Coast Guard
discretion to exclude any mariner, who
does not require unescorted access to a
secure area of a vessel or facility, from
that requirement (see 46 U.S.C. 70105).
The Coast Guard has determined that,
under Section 809 of the Act, mariners
who do not need unescorted access to
a secure area designated by a vessel
security plan in accordance with
reference (c), no longer require a TWIC.
Although full implementation of
Section 809 of the Act may require
regulatory changes, the Coast Guard is
issuing Policy Letter 11–15 to
implement two policy mechanisms that
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16:24 Dec 21, 2011
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uses Coast Guard resources and
capabilities to lessen the impact while
working on a regulatory solution that
will address the full scope of Section
809. First, because the Coast Guard
enforces its regulations by checking the
validity of TWICs while conducting
inspections of vessels where the
credentials of mariners are checked, the
Coast Guard is altering its enforcement
posture: excluded mariners will not be
required to present a valid TWIC during
Coast Guard inspections. Second, we are
implementing policies that would make
it easier for certain excluded mariners to
renew or acquire an MMC, without
having to show proof of holding a valid
TWIC. Policy Letter 11–15 details
procedures by which excluded mariners
do not need to obtain a physical TWIC
in order to receive an MMC, and
mariners can renew an existing MMC
even if their TWIC has expired.
We recognize that even after these
policy changes many excluded mariners
will continue to need or choose to go
through the TWIC enrollment process.
This is because the current MMC
credentialing process requires inputs
from the TWIC enrollment process. The
Coast Guard relies on biometric and
biographic information collected as part
of the TWIC enrollment process, in the
security, safety, and suitability
evaluation component of Coast Guard’s
MMC credentialing process. It is not
possible, at this time, to issue new
MMCs without mariners going through
the TWIC enrollment process.
Separating the two processes would
require a significant credentialing
process and administration
restructuring that is not feasible on a
short timeline.
These policy changes, however, will
help to reduce the fees mariners pay to
obtain or renew a MMC, as well as
reduce the burden of having to make
multiple trips to a TWIC enrollment
center to apply for and collect a TWIC.
While we recognize that some mariners,
particularly those applying for their
original MMC, will still have to pay the
TWIC enrollment fee, we believe that
these policy changes will substantially
reduce the regulatory burden on
excluded mariners. The Coast Guard is
exploring the possibility of a regulatory
change to waive some fees associated
with the MMC for excluded mariners, to
further reduce the burdens in the future.
List of Excluded Mariners
The list of excluded mariners subject
to the adjusted enforcement and
credentialing policies detailed in Policy
Letter 11–15 is limited to those mariners
who function solely in the following
roles:
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Fmt 4700
Sfmt 4700
79545
1. Mariners serving on uninspected
passenger vessels of less than 100 gross
register tons (GRT);
2. Mariners serving on vessels
inspected under subchapter T of Title
46 Code of Federal Regulations, except
those on international voyages;
3. Mariners serving on towing vessels
not involved in towing barges inspected
under 46 CFR subchapters D, I or O;
4. Mariners serving on towing vessels
involved in fleeting, docking, or ship
assist as excepted in Title 33 CFR,
Section 104.105(a)(11); and
5. Mariners who are inactive, or not
operating under the authority of their
credential for long periods of time.
This notice is issued under authority
of 46 U.S.C. 70105, 33 CFR parts 104
and 105, 46 CFR parts 10, 11, and 15,
5 U.S.C. 552(a).
Dated: December 19, 2011.
Paul F. Thomas,
Captain, U.S. Coast Guard, Acting Director
of Prevention Policy.
[FR Doc. 2011–32852 Filed 12–20–11; 11:15 am]
BILLING CODE 9110–04–P
OFFICE OF MANAGEMENT AND
BUDGET
Office of Federal Procurement Policy
48 CFR Parts 9901 and 9903
Cost Accounting Standards: Change to
the CAS Applicability Threshold for the
Inflation Adjustment to the Truth in
Negotiations Act Threshold
Office of Management and
Budget (OMB), Office of Federal
Procurement Policy, Cost Accounting
Standards Board.
ACTION: Final rule.
AGENCY:
The Office of Federal
Procurement Policy (OFPP), Cost
Accounting Standards (CAS) Board
(Board), has adopted, without change
from the interim rule, a final rule
revising the threshold for the
application of CAS from ‘‘$650,000’’ to
‘‘the Truth in Negotiations Act (TINA)
threshold, as adjusted for inflation.’’
The change is being made because the
CAS applicability threshold is
statutorily tied to TINA threshold. The
TINA threshold for obtaining cost or
pricing data was recently adjusted for
inflation to $700,000 in the Federal
Acquisition Regulation (FAR), as
required by the Ronald W. Reagan
National Defense Authorization Act for
Fiscal Year 2005. Until the interim
change for this final rule, the CAS
applicability threshold was a stated
dollar amount ($650,000) in the Code of
SUMMARY:
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79546
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
Federal Regulations. This wording
change effectively revised the CAS
threshold to $700,000 and will cause
future changes to the CAS applicability
threshold to self-execute upon any
changes to the TINA threshold as they
are implemented in the FAR.
DATES: Effective Date: December 22,
2011.
FOR FURTHER INFORMATION CONTACT:
Raymond J. M. Wong, Director, Cost
Accounting Standards Board (telephone:
(202) 395–6805; email:
Raymond_wong@omb.eop.gov).
SUPPLEMENTARY INFORMATION:
jlentini on DSK4TPTVN1PROD with RULES
A. Background and Summary
On July 12, 2011, the Cost Accounting
Standards Board (Board) published an
interim rule with a request for comment
(76 FR 40817) for the purpose of
revising the Cost Accounting Standards
(CAS) applicability threshold in 48 CFR
Chapter 99 from ‘‘$650,000’’ to ‘‘the
Truth in Negotiations Act (TINA)
threshold, as adjusted for inflation (41
U.S.C. 1908) and (41 U.S.C.
1502(b)(1)(B))’’. This was done because
of a recent increase to $700,000 in the
FAR to the Truth in Negotiations Act
(TINA) threshold for the submission of
cost or pricing data, as adjusted for
inflation by section 807 of the Ronald
W. Reagan National Defense
Authorization Act for Fiscal Year 2005
(Pub. L. 108–375), as incorporated into
Federal Acquisition Regulation (FAR)
15.403–4(a)(1) by the Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council on
August 30, 2010 (at 75 FR 53129). By
revising the CAS applicability threshold
so that it directly referenced the FAR
TINA threshold for the submission of
cost or pricing data (rather than
referencing a stated dollar amount), any
future changes to the FAR TINA
threshold will automatically apply to
the CAS applicability threshold (thereby
eliminating the need to revise this
regulation to specify a different dollar
amount).
Statutory Requirement for Inflation
Adjustment of TINA Thresholds
Section 807 of the Ronald W. Reagan
National Defense Authorization Act for
Fiscal Year 2005 (Pub. L. 108–375)
requires a periodic adjustment for
inflation every five years to the
acquisition related thresholds using the
Consumer Price Index (CPI) for all urban
consumers, except for the Davis-Bacon
Act, Service Contract Act, and trade
agreement thresholds. The threshold in
TINA (10 U.S.C. 2306a(a)(1)(A)(i)) for
the submission of cost or pricing data is
one of the acquisition related thresholds
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16:24 Dec 21, 2011
Jkt 226001
adjusted for inflation by section 807.
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (Councils)
published a final rule in the Federal
Register on August 30, 2010 (75 FR
53129) amending the FAR to implement
section 807, including the TINA
threshold at FAR 15.403–4, Requiring
cost or pricing data (10 U.S.C. 2306a
and 41 U.S.C. 3502 [formerly, 41 U.S.C.
254b]). This FAR final rule was effective
October 1, 2010, and revised the FAR
TINA threshold from $650,000 to
$700,000.
Statutory Requirement for Threshold for
CAS Applicability
Section 26(f)(2(A) of the OFPP Act (41
U.S.C. 1502(b)(1)(B) [formerly, 41 U.S.C.
422(f)(2)(A)]) addresses the CAS
applicability threshold. Section 822 of
the 2006 National Defense
Authorization Act (Pub. L. 109–163)
amended 41 U.S.C. 1502(b)(1)(B)
[formerly, 41 U.S.C. 422(f)(2)(A)] to tie
the statutory CAS threshold to the
threshold for compliance with the TINA
requirement to submit cost or pricing
data, as set forth in section
2306a(a)(1)(A)(i) of title 10, United
States Code. The recent changes to the
TINA threshold described above require
identical changes to the CAS
applicability threshold (i.e., from
$650,000 to $700,000). Until the interim
rule for this final rule, the CAS
applicability threshold has been
identified in the CAS Board rules as a
stated dollar amount. To avoid repeated
rulemakings in the future that would
update the stated dollar amount, in
order to keep the CAS applicability
threshold tied to the FAR TINA
threshold, the Board revised the CAS
applicability threshold from a stated
dollar amount (which has been
‘‘$650,000’’) to ‘‘the Truth in
Negotiations Act (TINA) threshold, as
adjusted for inflation (41 U.S.C. 1908
and 41 U.S.C. 1502(b)(1)(B)).’’ This
revision made any future changes to the
CAS applicability threshold selfexecuting upon any changes that the
FAR makes to the FAR TINA threshold.
Thus, because the FAR’s TINA
threshold is now $700,000, the CAS
applicability threshold under this final
rule will be $700,000.
B. Public Comments
The Board received two sets of public
comments in response to the Interim
Rule.
1. Future changes to the FAR TINA
threshold automatically applied to the
CAS applicability threshold.
Comment: One respondent agreed
with the interim rule stating ‘‘[t]his is a
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
good step in streamlining the process
(i.e., deleting the requirements for future
interim and final CAS rules for TINA
changes).’’ However, another
respondent disagreed and thought that
as a matter of policy, the CAS Board
‘‘should issue its own dollar
applicability threshold(s)’’ because
‘‘effectively delegating the authority to
establish the CAS contract applicability
threshold’’ was ‘‘yet another weakening
of the CAS Board’s basic authority.’’
Response: The CAS Board agrees with
the comment that supports the interim
rule and disagrees with the comment to
the contrary. The CAS Board does not
see making this change as a weakening
of the CAS Board’s authority. The
change is consistent with the CAS
statutory authority at 41 U.S.C.
1502(b)(1)(B) which provides that CAS
‘‘are mandatory for use by all executive
agencies and by contractors and
subcontractors * * * concerning, all
negotiated prime contract and
subcontract procurements with the
Federal Government in excess of the
amount set forth in section
2306a(a)(1)(A)(i) of title 10 [i.e., the
Truth in Negotiations Act (TINA)] as the
amount is adjusted in accordance with
applicable requirements of law.’’ 41
U.S.C. 1908 provides for the inflation
adjustment of acquisition-related dollar,
including TINA, by the Federal
Acquisition Regulatory Council.
2. The phrase ‘‘as adjusted for
inflation’’ is unnecessary.
Comment: One respondent opined
that the phrase ‘‘as adjusted for
inflation’’ ‘‘is both unnecessary and
redundant.’’
Response: The CAS Board does not
agree. The text is consistent with the
CAS statutory authority at 41 U.S.C.
1502(b)(1)(B). See the Response to
Comment 1.
3. Changes to FAR Parts 30 and 52
required to be made for the changes to
the CAS applicability threshold.
Comment: One respondent noted that
‘‘FAR Part 30 and the [CAS] clauses at
FAR 52.230 [et seq.] continue to
reference the $650,000 which is now
outdated.’’ The respondent
acknowledged that the FAR is the
responsibility of the FAR Council,
rather than the CAS Board.
Response: The changes to the FAR to
reflect the CAS Board’s interim and
final rules are beyond the authority of
the CAS Board as acknowledged by the
respondent. The comments have been
sent to the OFPP Administrator, the
Chair of the FAR Council, for
implementation in the FAR.
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
C. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. Chapter 35, Subtitle I) does not
apply to this rulemaking because this
rule imposes no additional paperwork
burden on offerors, affected contractors
and subcontractors, or members of the
public which requires the approval of
OMB under 44 U.S.C. 3501, et seq. The
records required by this final rule are
those normally maintained by
contractors and subcontractors who
claim reimbursement of costs under
government contracts.
D. Executive Order 12866, the
Congressional Review Act, and the
Regulatory Flexibility Act
jlentini on DSK4TPTVN1PROD with RULES
Because the affected contractors and
subcontractors are those who are
already subject to CAS but for the
increase in the CAS applicability
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16:24 Dec 21, 2011
Jkt 226001
threshold, the economic impact of this
final rule on contractors and
subcontractors is expected to be minor.
As a result, the Board has determined
that this final rule will not result in the
promulgation of an ‘‘economically
significant rule’’ under the provisions of
Executive Order 12866, and that a
regulatory impact analysis will not be
required. For the same reason, the
Administrator of the Office of
Information and Regulatory Affairs has
determined that this final rule is not a
‘‘major rule’’ under the Congressional
Review Act, 5 U.S.C. Chapter 8. Finally,
this final rule does not have a
significant effect on a substantial
number of small entities because small
businesses are exempt from the
application of the Cost Accounting
Standards. Therefore, this final rule
does not require a regulatory flexibility
PO 00000
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Fmt 4700
Sfmt 9990
79547
analysis under the Regulatory
Flexibility Act of 1980, 5 U.S.C. Chapter
6.
List of Subjects in 48 CFR Parts 9901
and 9903
Government procurement, Cost
accounting standards.
Daniel I. Gordon,
Chair, Cost Accounting Standards Board.
48 CFR PARTS 9901 and 9903—
[AMENDED]
For the reasons set forth in this
preamble, the interim rule published at
76 FR 40817, July 12, 2011, amending
Chapter 99 of Title 48 of the Code of
Federal Regulations, is adopted as final
without change.
■
[FR Doc. 2011–32726 Filed 12–21–11; 8:45 am]
BILLING CODE P
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22DER1
Agencies
[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79545-79547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32726]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
48 CFR Parts 9901 and 9903
Cost Accounting Standards: Change to the CAS Applicability
Threshold for the Inflation Adjustment to the Truth in Negotiations Act
Threshold
AGENCY: Office of Management and Budget (OMB), Office of Federal
Procurement Policy, Cost Accounting Standards Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost
Accounting Standards (CAS) Board (Board), has adopted, without change
from the interim rule, a final rule revising the threshold for the
application of CAS from ``$650,000'' to ``the Truth in Negotiations Act
(TINA) threshold, as adjusted for inflation.'' The change is being made
because the CAS applicability threshold is statutorily tied to TINA
threshold. The TINA threshold for obtaining cost or pricing data was
recently adjusted for inflation to $700,000 in the Federal Acquisition
Regulation (FAR), as required by the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005. Until the interim change for
this final rule, the CAS applicability threshold was a stated dollar
amount ($650,000) in the Code of
[[Page 79546]]
Federal Regulations. This wording change effectively revised the CAS
threshold to $700,000 and will cause future changes to the CAS
applicability threshold to self-execute upon any changes to the TINA
threshold as they are implemented in the FAR.
DATES: Effective Date: December 22, 2011.
FOR FURTHER INFORMATION CONTACT: Raymond J. M. Wong, Director, Cost
Accounting Standards Board (telephone: (202) 395-6805; email: Raymond_wong@omb.eop.gov).
SUPPLEMENTARY INFORMATION:
A. Background and Summary
On July 12, 2011, the Cost Accounting Standards Board (Board)
published an interim rule with a request for comment (76 FR 40817) for
the purpose of revising the Cost Accounting Standards (CAS)
applicability threshold in 48 CFR Chapter 99 from ``$650,000'' to ``the
Truth in Negotiations Act (TINA) threshold, as adjusted for inflation
(41 U.S.C. 1908) and (41 U.S.C. 1502(b)(1)(B))''. This was done because
of a recent increase to $700,000 in the FAR to the Truth in
Negotiations Act (TINA) threshold for the submission of cost or pricing
data, as adjusted for inflation by section 807 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-
375), as incorporated into Federal Acquisition Regulation (FAR) 15.403-
4(a)(1) by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council on August 30, 2010 (at 75 FR 53129). By
revising the CAS applicability threshold so that it directly referenced
the FAR TINA threshold for the submission of cost or pricing data
(rather than referencing a stated dollar amount), any future changes to
the FAR TINA threshold will automatically apply to the CAS
applicability threshold (thereby eliminating the need to revise this
regulation to specify a different dollar amount).
Statutory Requirement for Inflation Adjustment of TINA Thresholds
Section 807 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Pub. L. 108-375) requires a periodic
adjustment for inflation every five years to the acquisition related
thresholds using the Consumer Price Index (CPI) for all urban
consumers, except for the Davis-Bacon Act, Service Contract Act, and
trade agreement thresholds. The threshold in TINA (10 U.S.C.
2306a(a)(1)(A)(i)) for the submission of cost or pricing data is one of
the acquisition related thresholds adjusted for inflation by section
807. The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) published a final rule in
the Federal Register on August 30, 2010 (75 FR 53129) amending the FAR
to implement section 807, including the TINA threshold at FAR 15.403-4,
Requiring cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 3502
[formerly, 41 U.S.C. 254b]). This FAR final rule was effective October
1, 2010, and revised the FAR TINA threshold from $650,000 to $700,000.
Statutory Requirement for Threshold for CAS Applicability
Section 26(f)(2(A) of the OFPP Act (41 U.S.C. 1502(b)(1)(B)
[formerly, 41 U.S.C. 422(f)(2)(A)]) addresses the CAS applicability
threshold. Section 822 of the 2006 National Defense Authorization Act
(Pub. L. 109-163) amended 41 U.S.C. 1502(b)(1)(B) [formerly, 41 U.S.C.
422(f)(2)(A)] to tie the statutory CAS threshold to the threshold for
compliance with the TINA requirement to submit cost or pricing data, as
set forth in section 2306a(a)(1)(A)(i) of title 10, United States Code.
The recent changes to the TINA threshold described above require
identical changes to the CAS applicability threshold (i.e., from
$650,000 to $700,000). Until the interim rule for this final rule, the
CAS applicability threshold has been identified in the CAS Board rules
as a stated dollar amount. To avoid repeated rulemakings in the future
that would update the stated dollar amount, in order to keep the CAS
applicability threshold tied to the FAR TINA threshold, the Board
revised the CAS applicability threshold from a stated dollar amount
(which has been ``$650,000'') to ``the Truth in Negotiations Act (TINA)
threshold, as adjusted for inflation (41 U.S.C. 1908 and 41 U.S.C.
1502(b)(1)(B)).'' This revision made any future changes to the CAS
applicability threshold self-executing upon any changes that the FAR
makes to the FAR TINA threshold. Thus, because the FAR's TINA threshold
is now $700,000, the CAS applicability threshold under this final rule
will be $700,000.
B. Public Comments
The Board received two sets of public comments in response to the
Interim Rule.
1. Future changes to the FAR TINA threshold automatically applied
to the CAS applicability threshold.
Comment: One respondent agreed with the interim rule stating
``[t]his is a good step in streamlining the process (i.e., deleting the
requirements for future interim and final CAS rules for TINA
changes).'' However, another respondent disagreed and thought that as a
matter of policy, the CAS Board ``should issue its own dollar
applicability threshold(s)'' because ``effectively delegating the
authority to establish the CAS contract applicability threshold'' was
``yet another weakening of the CAS Board's basic authority.''
Response: The CAS Board agrees with the comment that supports the
interim rule and disagrees with the comment to the contrary. The CAS
Board does not see making this change as a weakening of the CAS Board's
authority. The change is consistent with the CAS statutory authority at
41 U.S.C. 1502(b)(1)(B) which provides that CAS ``are mandatory for use
by all executive agencies and by contractors and subcontractors * * *
concerning, all negotiated prime contract and subcontract procurements
with the Federal Government in excess of the amount set forth in
section 2306a(a)(1)(A)(i) of title 10 [i.e., the Truth in Negotiations
Act (TINA)] as the amount is adjusted in accordance with applicable
requirements of law.'' 41 U.S.C. 1908 provides for the inflation
adjustment of acquisition-related dollar, including TINA, by the
Federal Acquisition Regulatory Council.
2. The phrase ``as adjusted for inflation'' is unnecessary.
Comment: One respondent opined that the phrase ``as adjusted for
inflation'' ``is both unnecessary and redundant.''
Response: The CAS Board does not agree. The text is consistent with
the CAS statutory authority at 41 U.S.C. 1502(b)(1)(B). See the
Response to Comment 1.
3. Changes to FAR Parts 30 and 52 required to be made for the
changes to the CAS applicability threshold.
Comment: One respondent noted that ``FAR Part 30 and the [CAS]
clauses at FAR 52.230 [et seq.] continue to reference the $650,000
which is now outdated.'' The respondent acknowledged that the FAR is
the responsibility of the FAR Council, rather than the CAS Board.
Response: The changes to the FAR to reflect the CAS Board's interim
and final rules are beyond the authority of the CAS Board as
acknowledged by the respondent. The comments have been sent to the OFPP
Administrator, the Chair of the FAR Council, for implementation in the
FAR.
[[Page 79547]]
C. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35, Subtitle I) does
not apply to this rulemaking because this rule imposes no additional
paperwork burden on offerors, affected contractors and subcontractors,
or members of the public which requires the approval of OMB under 44
U.S.C. 3501, et seq. The records required by this final rule are those
normally maintained by contractors and subcontractors who claim
reimbursement of costs under government contracts.
D. Executive Order 12866, the Congressional Review Act, and the
Regulatory Flexibility Act
Because the affected contractors and subcontractors are those who
are already subject to CAS but for the increase in the CAS
applicability threshold, the economic impact of this final rule on
contractors and subcontractors is expected to be minor. As a result,
the Board has determined that this final rule will not result in the
promulgation of an ``economically significant rule'' under the
provisions of Executive Order 12866, and that a regulatory impact
analysis will not be required. For the same reason, the Administrator
of the Office of Information and Regulatory Affairs has determined that
this final rule is not a ``major rule'' under the Congressional Review
Act, 5 U.S.C. Chapter 8. Finally, this final rule does not have a
significant effect on a substantial number of small entities because
small businesses are exempt from the application of the Cost Accounting
Standards. Therefore, this final rule does not require a regulatory
flexibility analysis under the Regulatory Flexibility Act of 1980, 5
U.S.C. Chapter 6.
List of Subjects in 48 CFR Parts 9901 and 9903
Government procurement, Cost accounting standards.
Daniel I. Gordon,
Chair, Cost Accounting Standards Board.
48 CFR PARTS 9901 and 9903--[AMENDED]
0
For the reasons set forth in this preamble, the interim rule published
at 76 FR 40817, July 12, 2011, amending Chapter 99 of Title 48 of the
Code of Federal Regulations, is adopted as final without change.
[FR Doc. 2011-32726 Filed 12-21-11; 8:45 am]
BILLING CODE P