### 48873 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Rules and Regulations

GSAR 552.241–71 (currently GSAR 552.233–71) will be relocated to this part. All clauses relevant to utilities contracts will now be located in GSAR part 541. The rewrite of GSAR part 541 will provide an authority and prescription for use. After publication of this rule, PBS can add the clause back in their contract writing system.

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. B. Regulatory Flexibility Act

The General Services Administration certifies 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 revisions are not considered substantive. The revisions only update and reorganize existing coverage. C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to the GSAR do not impose recordkeeping or information collection requirements, or otherwise collect information from offerors, contractors, or members of the public that require approval of the Office of Management and Budget under 44 U.S.C. chapter 35, et seq. List of Subjects in 48 CFR Parts 541 and 552

Government procurement. Dated: August 4, 2010. Joseph A. Neurauter, Senior Procurement Executive, Office of Acquisition Policy, General Services Administration.

■ Therefore, GSA amends 48 CFR chapter V as set forth below:

■ 1. Add part 541 to read as follows:

**PART 541—ACQUISITION OF UTILITY SERVICES** 
**Subpart 541.5—Solicitation Provisions and Contract Clauses** 
Sec. 541.501 Solicitation provision and contract clauses. Authority: 40 U.S.C. 121(c).
**Subpart 541.5—Solicitation Provisions and Contract Clauses** 
**541.501 Solicitation provisions and contract clauses.** 

In addition to the solicitation terms, provisions and contract clauses at FAR 41.501(c), the contracting officer shall include the following clauses— (a) 552.241–70, Availability of Funds for the Next Fiscal Year or Quarter. As prescribed in 541.501, insert the clause 552.241–70, Availability of Funds for the Next Fiscal Year or Quarter, instead of FAR 52.232–19, in all utility acquisitions; and

(b) 552.241–71, Disputes (Utility Contracts). As prescribed in 541.501, insert clause 552.241–71, Disputes (Utility Contracts), in solicitations and contracts for utility services subject to the jurisdiction and regulation of a utility rate commission.

■ 2. The authority citation for 48 CFR part 552 continues to read as follows:

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

**PART 552—SOLICITATION PROVISIONS AND CONTRACT**  **CLAUSES**

■ 3. Add sections 552.241–70 and 552.241–71 to read as follows:

**552.241–70, Availability of Funds for the Next Fiscal Year or Quarter.** 

As prescribed in 541.501, insert the clause 552.241–70, Availability of Funds for the Next Fiscal Year or Quarter, instead of FAR 52.232–19, in all utility acquisitions. Availability of Funds for the Next Fiscal Year or Quarter (AUG 2010)

Funds are not presently available for performance under this contract beyond

llllll. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond

llllll , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause)
**552.241–71 Disputes (Utility Contracts).**

As prescribed in 541.501, insert clause 552.241–71, Disputes (Utility Contracts), in solicitations and contracts for utility services subject to the jurisdiction and regulation of a utility rate commission. Disputes (Utility Contracts) (AUG 2010)

The requirements of the Disputes clause at FAR 52.233–1 are supplemented to provide that matters involving the interpretation of tariffed retail rates, tariff rate schedules, and tariffed terms provided under this contract are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction. (End of clause)
[FR Doc. 2010–19724 Filed 8–11–10; 8:45 am]

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**DEPARTMENT OF THE INTERIOR**
**Office of the Secretary**

**48 CFR Chapter 14**

**RIN 1093–AA11**
**Acquisition Regulation Rewrite**

**AGENCY :**  Office of the Secretary, Interior.

**ACTION :**  Final rule.

**SUMMARY :**  The Department of the Interior (DOI) has adopted as final an interim rule amending the Department of the Interior Acquisition Regulation (DIAR). This action revises the DIAR, 48 CFR chapter 14, but does not impose any new requirements on DOI contractors. The revisions to the DIAR published in the interim rule became effective May 17, 2010.

**DATES :**  This rule is effective on August 12, 2010.
**FOR FURTHER INFORMATION CONTACT :**  Tiffany A. Schermerhorn, Senior Procurement Analyst, Office of Acquisition and Property Management, Office of the Secretary, telephone (202) 513–0747, fax (202) 219–4244, or e-mail tiffany

_schermerhorn@ios.doi.gov.

**SUPPLEMENTARY INFORMATION :** 

DOI published an interim final rule in the Federal Register at 75 FR 19828 on April 15, 2010, to revise the Department of the Interior Acquisition Regulation (DIAR) in order to update references to other Federal and Departmental directives, remove obsolete material and references, and clarify and streamline internal policies and procedures.

The comment period closed June 14, 2010. No public comments were received. DOI has concluded that the interim rule should be adopted as a final rule with no changes. List of Subjects in 48 CFR Chapter 14

Government procurement.

■ Accordingly, the interim rule published in the Federal Register at 75 FR 19828 on April 15, 2010, is adopted as final without change.

Dated: August 3, 2010. Pamela K. Haze, Deputy Assistant Secretary, Budget, Finance, Performance and Acquisition. [FR Doc. 2010–19891 Filed 8–11–10; 8:45 am]

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