Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82577 

been relocated to FAR 49.002. FAR 

49.002(a) is reformatted by adding ‘‘(1)’’ 

to existing language for sequencing. 

Additionally, new language was added 

in (a)(2) to clarify that FAR part 49 does 

not apply to the acquisition of 

commercial items when using 

procedures at FAR part 12. 

2. Comment: The respondent 

recommends simplifying FAR 49.502(a) 

by removing and relocating the 

reference to the exceptions for FAR 

52.212–4 and 52.213–4 to FAR 49.002. 

Response: The Councils agree. The 

language pertaining to FAR 52.212–4 

was relocated to FAR 49.002 as 

addressed under the first comment. 

Reference to FAR 52.213–4 remains in 

FAR 49.501. 

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 

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 the 

rule does not impose any additional 

requirements on small entities. The rule 

merely clarifies that FAR part 49 does 

not apply to the acquisition of 

commercial items when using 

procedures in FAR part 12. 

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 49 

Government procurement. 

Dated: December 22, 2010. 

Millisa Gary, 

Acting Director, Federal Acquisition Policy 

Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 49 as set forth 

below: 

PART 49—TERMINATION OF 

CONTRACTS 

■ 1. The authority citation for 48 CFR 

part 49 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). 

■ 2. Amend section 49.002 by revising 

paragraph (a) to read as follows: 

49.002 Applicability. 

(a)(1) This part applies to contracts 

that provide for termination for the 

convenience of the Government or for 

the default of the contractor (see also 

12.403 and 13.302–4). 

(2) This part does not apply to 

commercial item contracts awarded 

using part 12 procedures. See 12.403 for 

termination policies for contracts for the 

acquisition of commercial items. 

However, for contracts for the 

acquisition of commercial items, this 

part provides administrative guidance 

which may be followed unless it is 

inconsistent with the requirements and 

procedures in 12.403, Termination, and 

the clause at 52.212–4, Contract Terms 

and Conditions—Commercial Items. 

* * * * * 

■ 3. Revise section 49.501 to read as 

follows: 

49.501 General. 

This subpart prescribes the principal 

contract termination clauses. This 

subpart does not apply to contracts that 

use the clause at 52.213–4, Terms and 

Conditions—Simplified Acquisitions 

(Other Than Commercial Items). In 

appropriate cases, agencies may 

authorize the use of special purpose 

clauses, if consistent with this chapter. 

[FR Doc. 2010–32893 Filed 12–29–10; 8:45 am] 

BILLING CODE 6820–EP–P 

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. 

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 


emcdonald on DSK2BSOYB1PROD with RULES4
82578 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 

previously approved under OMB 

Control Number 1215–0149, DavisBacon 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. 

■ 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 

■ 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). 

■ 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). 

BILLING CODE 6820–EP–P 


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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82579 


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82580 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 


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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82581 

[FR Doc. 2010–32892 Filed 12–29–10; 8:45 am] 

BILLING CODE 6820–EP–C 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2010–0077, Sequence 10] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–48; 

Small Entity Compliance Guide 

AGENCY: 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) 2005–48, 

which amend the Federal Acquisition 

Regulation (FAR). Interested parties may 

obtain further information regarding 

these rules by referring to FAC 2005–48, 

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 2005–48 and the 

specific FAR case number. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at (202) 501– 

4755. 

LIST OF RULES IN FAC 2005–48 

Item Subject FAR Case Analyst 

I ...................................................................... Repeal of the Small Business Competitiveness Demonstration Program.2011–005 Morgan. 

II ..................................................................... Personal Identity Verification of Contractor Personnel ..................... 2009–027 Jackson. 

III .................................................................... Terminating Contracts ....................................................................... 2009–031 Parnell. 

IV ................................................................... Payrolls and Basic Records .............................................................. 2009–018 McFadden. 

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments made by these FAR cases, 

refer to the specific item number and 

subject set forth in the documents 

following these item summaries. FAC 

2005–48 amends the FAR as specified 

below: 

Item I—Repeal of the Small Business 

Competitiveness Demonstration 

Program (FAR Case 2011–005) 

This final rule amends the FAR to 

remove FAR subpart 19.10, Small 

Business Competitiveness 

Demonstration Program. This change is 

necessary to address the requirements of 

section 1335 of the Small Business Jobs 

Act of 2010 (Pub. L. 111–240) which 

repealed the Small Business 

Competitiveness Demonstration 

Program. 

This final rule also removes the 

following clauses: FAR 52.219–19, 

Small Business Concern Representation 

for the Small Business Competitiveness 

Demonstration Program; FAR 52.219– 

20, Notice of Emerging Small Business 

Set-Aside; and FAR 52.219–21, Small 

Business Size Representation for 

Targeted Industry Categories under the 

Small Business Competitiveness 

Demonstration Program. 

Item II—Personal Identity Verification 

of Contractor Personnel (FAR Case 

2009–027) 

This final rule amends the FAR to 

provide additional regulatory coverage 

in subpart 4.13 and in FAR clause 

52.204–9 to reinforce the requirement of 

collecting from contractors all forms of 

Government-provided identification 

once they are no longer needed to 

support a contract. The contracting 

officer may delay final payment under 

a contract if the contractor fails to 

comply with these requirements. 

Item III—Terminating Contracts (FAR 

Case 2009–031) 

This final rule amends the FAR to 

clarify procedures regarding the 

applicability of FAR part 49, 

Termination of Contracts, to commercial 

item contracts. Minor changes are made 

to the proposed rule published in the 

Federal Register at 75 FR 28228 on May 

20, 2010. 

The rule specifically impacts 

contracting officers and contractors by 

clarifying that FAR part 49 does not 

apply to the acquisition of commercial 

items when using procedures at FAR 

part 12. The rule does not have a 

significant economic impact on small 

entities because the rule does not 

impose any additional requirements on 

small businesses. 

Item IV—Payrolls and Basic Records 

(FAR Case 2009–018) 

This rule adopts as final, with a minor 

change, the interim rule published in 

the Federal Register at 75 FR 34286 on 

June 16, 2010. The interim rule 

amended the FAR at 52.222–8, Payrolls 

and Basic Records to delete the 

requirement for submission of full social 

security numbers and home addresses of 

individual workers on weekly payroll 

transmittals by prime contractors. The 

rule requires contractors and 

subcontractors to maintain the full 

social security number and current 

address of each covered worker, and 

provide them upon request to the 

contracting officer, the contractor, or the 

Wage and Hour Division of the 

Department of Labor for purposes of an 

investigation or audit of compliance 

with prevailing wage requirements. The 

rule recognizes the Department of 

Labor’s finding that complete social 

security numbers and home addresses 

for individual workers are personal 

information to the worker and that any 

unnecessary disclosure and submittal of 

such information creates an exposure to 

identity theft and the invasion of 

privacy for workers. 


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