Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 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 

■ 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 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 31 

[FAC 2005–50; FAR Case 2009–026; Item 

IX; Docket 2010–0088, Sequence 1] 

RIN 9000–AL54 

Federal Acquisition Regulation; 

Compensation for Personal Services 

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). 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.’’ 

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 2009–026. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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. 

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 

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. 


jlentini on DSKJ8SOYB1PROD with RULES2
14572 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 

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 part 31, which was 

published in the Federal Register at 75 

FR 34285 on June 16, 2010, is adopted 

as a final rule without change. 

[FR Doc. 2011–5560 Filed 3–15–11; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 18, 19, and 52 

[FAC 2005–50; Item X; Docket 2011–0078; 

Sequence 1] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulations in order to make editorial 

changes. 

DATES: Effective Date: March 16, 2011. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, 1275 First Street, 

NE., 7th Floor, Washington, DC 20417, 

(202) 501–4755, for information 

pertaining to status or publication 

schedules. Please cite FAC 2005–50, 

Technical Amendments. 

SUPPLEMENTARY INFORMATION: In order to 

update certain elements in 48 CFR parts 

18, 19, and 52, this document makes 

editorial changes to Federal Acquisition 

Regulations. 

List of Subjects in 48 CFR Parts 18, 19, 

and 52 

Government procurement. 

Dated: March 4, 2011. 

Millisa Gary, 

Acting Director, Office of Governmentwide 

Acquisition Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 18, 19, and 52 as 

set forth below: 

■ 1. The authority citation for 48 CFR 

parts 18, 19, and 52 continues to read 

as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 18—EMERGENCY 

ACQUISITIONS 

18.204 [Amended] 

■ 2. Amend section 18.204 in paragraph 

(b) by removing ‘‘http:// 

www.whitehouse.gov/omb/ 

procurement/guides/ 

emergency_acquisitions_guide.pdf’’ and 

adding ‘‘http://www.whitehouse.gov/ 

sites/default/files/omb/assets/ 

procurement_guides/ 

emergency_acquisitions_guide.pdf’’ in 

its place. 

PART 19—SMALL BUSINESS 

PROGRAMS 

19.201 [Amended] 

■ 3. Amend section 19.201 in paragraph 

(b) by removing from the last sentence 

‘‘http://www.arnet.gov/References/ 

sdbadjustments.htm’’ and adding 

‘‘https://www.acquisition.gov/ 

References/sdbadjustments.htm’’ in its 

place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 4. Amend section 52.212–3 by— 

■ a. Revising the date of the provision; 

■ b. Removing from paragraph (c)(8)(ii) 

‘‘(c)(9)(i)’’ and adding ‘‘(c)(8)(i)’’ in its 

place; 

■ c. Removing from paragraph (c)(9)(ii) 

‘‘(c)(10)(i)’’ and adding ‘‘(c)(9)(i)’’ in its 

place; 

■ d. In Alternate I, revising the alternate 

date, introductory text, and first 

paragraph; and 

■ e. In Alternate II, removing from the 

introductory text ‘‘(c)(9)(iii)’’ and adding 

‘‘(c)(8)(iii)’’ in its place. 

The revised text reads as follows: 

52.212–3 Offeror Representations and 

Certifications—Commercial Items. 

* * * * * 

Offeror Representations and 

Certifications—Commercial Items (Mar 

2011) 

* * * * * 

Alternate I * * * 

As prescribed in 12.301(b)(2), add the 

following paragraph (c)(10) to the basic 

provision: 

(10) (Complete if the offeror has 

represented itself as disadvantaged in 

paragraph (c)(4) or (c)(8) of this provision.) 

* * * * * 

■ 5. Amend section 52.212–5 by 

revising the date of the clause; removing 

from paragraph (b)(17) ‘‘Apr 2008)’’ and 

adding ‘‘(Dec 2010)’’ in its place; 

redesignating paragraphs (b)(27) through 

(b)(45) as (b)(28) through (b)(46), 

respectively; and adding a new 

paragraph (b)(27). 

The revised and added text reads as 

follows: 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Items 

(MAR 2011) 

(b) * * * 

(27) 52.222–37, Employment Reports on 

Veterans (Sep 2010) (38 U.S.C. 4212). 

* * * * * 

[FR Doc. 2011–5561 Filed 3–15–11; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2011–0077, Sequence 2] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–50; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of DoD, GSA, 

and NASA. This Small Entity 

Compliance Guide has been prepared in 

accordance with section 212 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. It consists of a 

summary of rules appearing in Federal 

Acquisition Circular (FAC) 2005–50, 

which amend the Federal Acquisition 

Regulation (FAR). An asterisk (*) next to 

a rule indicates that a regulatory 

flexibility analysis has been prepared. 

Interested parties may obtain further 

information regarding these rules by 

referring to FAC 2005–50, which 

precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

DATES: For effective dates see separate 

documents, which follow. 

FOR FURTHER INFORMATION CONTACT: The 

analyst whose name appears in the table 

below. Please cite FAC 2005–50 and the 

specific FAR case number. For 


jlentini on DSKJ8SOYB1PROD with RULES2