[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82577-82581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32892]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 52 and 53

[FAC 2005-48; FAR Case 2009-018; Item IV; Docket 2010-0082, Sequence 1]
RIN 9000-AL53


Federal Acquisition Regulation; Payrolls and Basic Records

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA have adopted as final, with one change, the 
interim rule amending the Federal Acquisition Regulation (FAR) to 
revise the FAR clause, Payrolls and Basic Records. This revision 
implements a Department of Labor rule that protects the privacy of 
workers.

DATES: Effective Date: December 30, 2010.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Clare McFadden, Procurement Analyst, at (202) 501-0044. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-48, FAR 
Case 2009-018.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 75 FR 34286 on June 16, 2010. The interim rule implemented 
changes from the Department of Labor's (DOL's) final rule, Protecting 
the Privacy of Workers: Labor Standards Provisions Applicable to 
Contracts Covering Federally Financed and Assisted Construction, 
published in the Federal Register at 73 FR 77504 on December 19, 2008, 
that removed the requirement to submit complete social security numbers 
and home addresses of individual workers in weekly payroll submissions. 
DOL concluded that such disclosure of personal information from the 
prime contractor was unnecessary and created an increased risk of 
privacy violations. The public comment period closed on August 16, 
2010. No comments were received and, as a result, DoD, GSA, and NASA 
have determined to adopt the interim rule as final with a minor change 
to add a DOL updated form WH-347 found at FAR 53.303-WH-347.

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

    DoD, GSA, and NASA 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 this rule provides relief for contractors from submitting 
more personal information than is necessary in the weekly payroll 
submissions and will not impose any measurable costs on contractors.

IV. Paperwork Reduction Act

    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

[[Page 82578]]

previously approved under OMB Control Number 1215-0149, Davis-Bacon 
Certified Payroll, assigned to the DOL.

List of Subjects in 48 CFR Parts 52 and 53

    Government procurement.

    Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy Division.

0
Accordingly, the interim rule published in the Federal Register at 75 
FR 34286 on June 16, 2010, is adopted as a final rule with the 
following change:

PART 53--FORMS

0
1. The authority citation for 48 CFR part 53 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).

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2. Amend section 53.303-WH-347 by revising the form to read as follows:


53.303-WH-347  Department of Labor Form WH-347, Payroll (For 
Contractor's Optional Use).

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[FR Doc. 2010-32892 Filed 12-29-10; 8:45 am]
BILLING CODE 6820-EP-C