39262 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by WSYX 

Licensee, LLC (‘‘WSYX’’), the licensee 

of station WSYX–DT, DTV channel 13, 

Columbus, Ohio. WSYX requests the 

substitution of DTV channel 48 for 

channel 13 at Columbus. 

DATES: Comments must be filed on or 

before August 21, 2009, and reply 

comments on or before August 31, 2009. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Clifford M. Harrington, Esq., Pillsbury 

Winthrop Shaw Pittman LLP, 2300 N 

Street, NW., Washington, DC 20037– 

1128. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, david.brown@fcc.gov, 

Media Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rulemaking, MB Docket No. 

09–124, adopted July 13, 2009, and 

released July 15, 2009. The full text of 

this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rulemaking is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Ohio, is amended by adding DTV 

channel 48 and removing DTV channel 

12 at Columbus. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–18261 Filed 8–5–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 4, 15, 32, 42, 45, and 

52 

[FAR Case 2008–011; Docket 2009–0029; 

Sequence 1] 

RIN 9000–AL41 

Federal Acquisition Regulation; FAR 

Case 2008–011; Government Property 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

revise coverage in regard to Government 

property and its associated clauses. 

These changes are to add clarity and 

correction to the previous FAR rule for 

Part 45, Government Property, 

published under Federal Acquisition 

Circular 2005–17, FAR case 2004–025. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before October 5, 2009 

to be considered in the formulation of 

a final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2008–011 by any 

of the following methods: 

•Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FAR 

Case 2008–011’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with FAR Case 2008– 

011. Follow the instructions provided to 

complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘FAR Case 2008–011’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW., Room 4041, 

ATTN: Hada Flowers, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FAR case 2008–011 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeritta A. Parnell, Procurement Analyst, 

at (202) 501–4082 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite FAR case 2008–011. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Civilian Agency Acquisition 

Council and the Defense Acquisition 

Regulations Council revised Federal 

Acquisition Regulation (FAR) contract 

property management requirements as a 

final rule under Federal Acquisition 

Circular 2005–17 (72 FR 27364, May 15, 

2007). The new regulation amended, 

updated and revised the FAR Part 45, 

Government Property, and associated 

clauses related to the management and 

disposition of Government property in 


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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 39263 

the possession of contractors. The final 

rule replaced outmoded regulations that 

were essentially unchanged for many 

years. 

After publication of the final rule in 

May 2007, DoD received feedback on 

the FAR revisions. An Ad Hoc team 

comprised of members from DoD, GSA, 

and the Defense Contract Management 

Agency (DCMA) was formed to review 

comments from industry, academia and 

Government sources. As a result of the 

Ad Hoc team recommendations, FAR 

case 2008–011 was established to 

address the recommendations. 

The proposed changes include the 

following: 

(1) 2.101 Definitions. 

The definitions of ‘‘plant clearance 

officer’’ and ‘‘special tooling’’ were 

clarified. 

(2) 4.705–3 Acquisition and supply 

records. 

Paragraph (h) ‘‘Property records’’ was 

added to the list of acquisition and 

supply records. 

(3) 15.404–4 Profit. 

Language was added to FAR 15.404– 

4(a)(3) as follows— ‘‘Unless the 

contractor acquired property is a 

deliverable under the contract, no profit 

or fee shall be permitted on the cost of 

the property.’’ 

(4) 42.302(a)(30) Contract 

administration functions. 

(A) In paragraph (iii), ‘‘approve use’’ 

was changed to ‘‘evaluate the use.’’ 

(B) Paragraph (v) was deleted in its 

entirety and replaced with ‘‘modify 

contracts to reflect addition of 

Government furnished property and 

ensure appropriate consideration.’’ 

(5) 45.101 Definitions. 

(A) The definitions of ‘‘cannibalize,’’ 

‘‘equipment,’’ ‘‘Government furnished 

property,’’ ‘‘Government property,’’ 

‘‘material,’’ and ‘‘real property’’ were 

clarified. 

(B) The definition of ‘‘property 

records’’ was added. 

(C) The definition of ‘‘plant 

equipment’’ was deleted in its entirety. 

(6) 45.102(d) Policy. 

Language was added to paragraph (d) 

to the effect that property furnished 

under contracts for maintenance and 

modification as well as property 

furnished for repair or overhaul are 

exceptions from the requirements of 

FAR 45.102(b). 

(7) 45.104 Responsibility and liability 

for Government property, and 45.105 

Contractors’ property management 

system compliance. 

All references to ‘‘loss, damage, 

destruction, or theft’’ are changed to 

‘‘loss, theft, damage, or destruction.’’ 

(8) 45.201 Solicitation. 

(A) Paragraph (a)(4), the term 

‘‘unique-item identifier’’ was changed to 

‘‘item unique identifier.’’ 

(B) Paragraph (d) was revised to delete 

‘‘when use of property on more than one 

contract is anticipated.’’ 

(9) 45.402 Title to contractoracquired property. 

The first sentence of this subsection is 

deleted and the second sentence is 

modified to include that ‘‘title vests in 

the Government for all property ...’’ 

(10) 45.502 Subcontractor and 

alternate prime contractor locations. 

(A) Paragraph (a) was revised to delete 

existing language and replace with new 

language to make clear the need for 

prime contractor approval when support 

property administration at subcontractor 

locations is necessary. 

(B) Paragraph (b) was edited to state 

that the prime property administrator 

shall ‘‘advise the prime contractor of the 

results of property management reviews, 

including deficiencies found with the 

subcontractor’s property management 

system.’’ 

(C) Paragraph (c) was added. 

(D) Section title has been changed. 

(11) 45.602–3(b) Screening. 

Paragraph (b)(3) is revised to correct 

the address for the Public Printer. 

(12) 45.604–3 Sale of surplus 

personal property. 

(A) The reference to CFR Part 101–45 

is changed to CFR Part 102–38. 

(B) Section title has been changed. 

(13) 45.606–1 Contractor with an 

approved scrap procedure. 

Paragraph (b) was reformatted to 

separate categories of property requiring 

preparation of an inventory disposal 

schedule into a new paragraph (c). 

Language was added for ‘‘all aircraft 

regardless of condition’’ and ‘‘flight 

safety critical aircraft parts.’’ In 

addition, scrap was revised to include 

‘‘economically beneficial to recover’’ 

precious metals. 

(14) 52.232–16, Progress Payments, 

and 52.232–32, Performance Based 

Payments. 

(A) The clause at 52.232–16(d)(2)(ii) 

and the clause at 52.232–32(f)(2)(ii) are 

revised to delete the language ‘‘under 

any other clause of this contract.’’ This 

language is no longer necessary. 

(B) The clause at 52.232–16(d)(3) and 

the clause at 52.232–32(f)(3) are revised 

to delete the language ‘‘or special 

tooling.’’ This language is no longer 

necessary. 

(15) Loss, Damage, Theft, or 

Destruction. 

All references to ‘‘loss, damage, 

destruction, or theft’’ are changed to 

‘‘loss, theft, damage, or destruction’’ in 

the coverage in 32.503–16(a) and 

32.1010(a) and the clauses at 52.232–16, 

52.232–32 and 52.245–1. 

(16) Clauses. 

§ 52.245–1 Government Property. 

(A) Definitions at 52.245–1(a) are 

changed to be consistent with the 

definitions in FAR 45.101. 

(B) In paragraph (b)(2), ‘‘sale (as 

surplus property), or other’’ disposition 

was added. 

(C) Paragraph (c) was reformatted and 

information regarding modifications or 

alterations of Government property was 

added to clarify that modifications or 

alterations must be reasonable and 

necessary due to the scope of work 

under this contract or its terms and 

conditions, required for normal 

maintenance, or otherwise authorized 

by the contracting officer. In addition, 

language was added to clarify when 

cannibalization occurs. 

(D) Paragraph (e)(2)(ii) was revised to 

clarify title under fixed price contracts. 

(E) The term ‘‘material’’ was changed 

to ‘‘property’’ in paragraphs (e)(2)(iii) 

and (f)(1)(i). 

(F) Paragraphs (f)(1)(iii)(A)(4) and 

(f)(1)(vi)(B)(4) ‘‘Unique-item’’ identifier 

was revised to ‘‘Item unique’’ identifier. 

(H) Paragraph (f)(1)(viii)(B), references 

to ‘‘property’’ were changed to 

‘‘material.’’ 

(I) Paragraph (g), Systems analysis, 

was revised to reflect the coverage in 

FAR 45.502 that provides for support 

property administration for 

subcontractors and prime contractor 

alternate locations. 

(J) Paragraph (i) deleted the language 

‘‘the right to an equitable adjustment 

shall be the Contractor’s exclusive 

remedy.’’ 

(K) Paragraph (j)(1)(i)(B) was 

reformatted into paragraphs (B) and (C) 

to separate categories of property 

requiring preparation of an inventory 

disposal schedule. Language was added 

for ‘‘all aircraft regardless of condition’’ 

and ‘‘flight safety critical aircraft parts.’’ 

In addition, scrap was revised to 

include ‘‘economically beneficial to 

recover’’ precious metals. 

(L) Paragraph (j)(3)(iii)(E), the phrase 

‘‘in raw or bulk form’’ was added. 

(M) Paragraph (j)(3)(iv) was revised to 

add a list of items for which additional 

descriptive information is required 

during disposition. 

(N) Paragraph (j)(3)(v) was revised to 

delete the language ‘‘describe the 

property in sufficient detail to permit an 

understanding of its intended use.’’ 

(O) Paragraph (j)(3)(vi) was added. 

(P) Paragraph (j)(7)(ii) was revised to 

change ‘‘facility’’ to ‘‘area.’’ 

(Q) Paragraph (j)(8)(ii) was revised to 

add ‘‘unless otherwise directed by the 

contracting officer or by the plant 

clearance officer the Contractor shall 


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remove and destroy any Government 

affixed markings...’’ 

(R) Alternate I, 52.245–1, paragraph 

(h)(1) and 52.245–2 (b) were revised to 

change the reference from ‘‘loss, 

damage, destruction, or theft’’ to ‘‘loss, 

theft, damage, or destruction.’’ 

52.245–9 Use and Charges. 

The clause at 52.245–9 was revised to 

delete definitions contained in 52.245– 

1 and to include language that 

definitions applicable to this contract 

are provided in the clause at 52.245–1. 

52.245–9 may only be used when 

52.245–1 is included in the contract. 

52.251–1 Government Supply Sources. 

The clause at 52.251–1 was revised to 

update the reference to the clause at 

52.245–1. 

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 Councils do not expect this 

proposed rule to 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 businesses. The 

rule does not affect the method of 

managing Government property. The 

rule merely clarifies and corrects the 

previous FAR rule. 

An Initial Regulatory Flexibility 

Analysis has, therefore, not been 

performed. We invite comments from 

small businesses and other interested 

parties. The Councils will consider 

comments from small entities 

concerning the affected FAR Parts 2, 4, 

15, 42, 45, and 52 in accordance with 

5 U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 601, et seq. (FAR 

case 2008–011), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Parts 2, 4, 15, 

32, 42, 45, and 52 

Government procurement. 

Dated: July 30, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 2, 4, 15, 

32, 42, 45, and 52 as set forth below: 

1. The authority citation for 48 CFR 

parts 2, 4, 15, 32, 42, 45, 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 2—DEFINITIONS OF WORDS 

AND TERMS 

2.101 [Amended] 

2. Amend section 2.101, in paragraph 

(b)(2), by removing from the definition 

‘‘Plant clearance officer’’ the words 

‘‘contractor-operator plants, and Federal 

installations’’ and adding ‘‘contractoroperator plants, Federal installations 

and Federal and non-Federal industrial 

operations’’, in its place; and removing 

from the definition ‘‘Special tooling’’ 

the words ‘‘test equipment, and’’ and 

adding ‘‘tooling, and’’ in its place. 

PART 4—ADMINISTRATIVE MATTERS 

3. Amend section 4.705–3 by adding 

paragraph (h) to read as follows: 

4.705–3 Acquisition and supply records. 

* * * * * 

(h) Property records (see 45.101 and 

52.245–1): Retain 4 years. 

PART 15—CONTRACTING BY 

NEGOTIATION 

4. Amend section 15.404–4 by adding 

a sentence to the end of paragraph (a)(3) 

to read as follows: 

15.404–4 Profit. 

(a) * * * 

(3) * * * Unless the contractor 

acquired property is a deliverable under 

the contract, no profit or fee shall be 

permitted on the cost of the property. 

* * * * * 

PART 32—CONTRACT FINANCING 

32.503–16 [Amended] 

5. Amend section 32.503–16 by 

removing from paragraph (a) ‘‘loss, theft, 

destruction, or damage to’’ and adding 

‘‘lost, stolen, damaged, or destroyed’’ in 

its place. 

32.1010 [Amended] 

6. Amend section 32.1010 by 

removing from paragraph (a) ‘‘loss, theft, 

destruction, or damage to’’ and adding 

‘‘lost, stolen, damaged, or destroyed’’ in 

its place. 

PART 42—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

7. Amend section 42.302 by revising 

paragraphs (a)(30)(iii) and (a)(30)(v) to 

read as follows: 

42.302 Contract administration functions. 

(a) * * * 

(30) * * * 

(iii) Evaluate the use of Government 

property on a non-interference basis in 

accordance with the clause at 52.245–9, 

Use and Charges; 

* * * * * 

(v) Modify contracts to reflect 

addition of Government furnished 

property and ensure appropriate 

consideration. 

* * * * * 

PART 45—GOVERNMENT PROPERTY 

8. Amend section 45.101 by— 

a. Revising the definitions 

‘‘Cannibalize’’, ‘‘Equipment’’, 

‘‘Government-furnished property’’, and 

‘‘Government property’’; 

b. Removing from the definition 

‘‘Material’’ the words ‘‘test equipment’’ 

and adding ‘‘test equipment or real 

property’’ in its place; 

c. Removing the definition ‘‘Plant 

equipment’’; 

d. Adding the definition ‘‘Property 

records’’; and 

e. Revising the definition ‘‘Real 

property. 

The revised and added text reads as 

follows: 

45.101 Definitions. 

* * * * * 

Cannibalize means to remove parts 

from equipment, special tooling or 

special test equipment in order to install 

them on other property. 

* * * * * 

Equipment means a tangible item that 

is functionally complete for its intended 

purpose, durable, nonexpendable, and 

needed for the performance of a 

contract. Equipment is not intended for 

sale, and does not ordinarily lose its 

identity or become a component part of 

another article when put into use. 

Equipment does not include material or 

real property. 

Government-furnished property 

means property in the possession of, or 

directly acquired by, the Government 

and subsequently furnished to the 

contractor for performance of a contract. 

Government-furnished property 

includes spares and property furnished 

for repair, maintenance, overhaul, or 

modification. 

Government property means all 

property owned or leased by the 


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Government. Government property 

includes both Government-furnished 

property and contractor-acquired 

property. Government property includes 

material, equipment, special tooling, 

special test equipment, and real 

property. Government property does not 

include intellectual property, and 

software. 

* * * * * 

Property records means the records 

created and maintained by the 

contractor in support of its stewardship 

responsibilities for the management of 

Government property. 

* * * * * 

Real property. See Federal 

Management Regulation 102–71.20 (41 

CFR 102–71.20.) 

* * * * * 

9. Amend section 45.102 by revising 

paragraph (d) to read as follows: 

45.102 Policy. 

* * * * * 

(d) Exception. Property provided 

under contracts for repair, maintenance, 

overhaul, or modification is not subject 

to the requirements of paragraph (b) of 

this section. 

10. Amend section 45.104 by revising 

the introductory text of paragraph (a) to 

read as follows: 

45.104 Responsibility and liability for 

Government property. 

(a) Generally, contractors are not held 

liable for loss, theft, damage, or 

destruction of Government property 

under the following types of contracts: 

* * * * * 

11. Amend section 45.105 by revising 

paragraph (b)(1); and removing from 

paragraph (d) ‘‘damage, destruction, or 

theft’’ and adding ‘‘theft, damage, or 

destruction’’ in its place. The revised 

text reads as follows: 

45.105 Contractors’ property management 

system compliance. 

* * * * * 

(b) * * * 

(1) Revocation of the Government’s 

assumption of risk for loss, theft, 

damage, or destruction; and/or 

* * * * * 

45.201 [Amended] 

12. Amend section 45.201 by 

removing from paragraph (a)(4) 

‘‘Unique-item’’ and adding ‘‘Item 

unique’’ in its place; and removing from 

paragraph (d) ‘‘When use of property on 

more than one contract is anticipated, 

any’’ and adding ‘‘Any’’ in its place. 

13. Amend section 45.402 by revising 

paragraph (a) to read as follows: 

45.402 Title to contractor-acquired 

property. 

(a) Title vests in the Government for 

all property acquired or fabricated by 

the Contractor in accordance with the 

financing provisions or other specific 

requirements for passage of title in the 

contract. Under fixed price type 

contracts, in the absence of financing 

provisions or other specific 

requirements for passage of title in the 

contract, the Contractor retains title to 

all property acquired by the Contractor 

for use on the contract, except for 

property identified as a deliverable end 

item. If a deliverable item is to be 

retained by the Contractor for use after 

inspection and acceptance by the 

Government, it shall be made 

accountable to the contract through a 

contract modification listing the item as 

Government-furnished property. 

* * * * * 

14. Revise section 45.502 to read as 

follows: 

45.502 Subcontractor and alternate prime 

contractor locations. 

(a) To ensure subcontractor 

compliance with Government property 

administration requirements, and with 

prime contractor consent, the property 

administrator assigned to the prime 

contract may request support property 

administration from another contract 

administration office. If the prime 

contractor does not provide consent to 

support property administration at 

subcontractor locations, the property 

administrator shall refer the matter to 

the contracting officer for resolution. 

(b) The prime property administrator 

shall accept the findings of the 

delegated support property 

administrator and advise the prime 

contractor of the results of property 

management reviews, including 

deficiencies found with the 

subcontractor’s property management 

system. 

(c) Prime contractor consent is not 

required for support delegations 

involving prime contractor alternate 

locations. 

45.602–3 [Amended] 

15. Amend section 45.602–3 by 

removing from paragraph (b)(3) ‘‘North 

Capitol and H Streets’’ and adding ‘‘732 

North Capitol Street’’ in its place. 

16. Revise section 45.604–3 to read as 

follows: 

45.604–3 Sale of surplus personal 

property. 

Policy for the sale of surplus personal 

property is contained in the Federal 

Management Regulations, at Part 102–38 

(41 CFR Part 102–38). Agencies may 

specify implementing procedures. 

17. Amend section 45.606–1 by 

revising paragraph (b) and adding 

paragraph (c) to read as follows: 

45.606–1 Contractor with an approved 

scrap procedure. 

* * * * * 

(b) For scrap from other than 

production or testing, the contractor 

may prepare scrap lists in lieu of 

inventory disposal schedules (provided 

such lists are consistent with the 

approved scrap procedures). 

(c) Inventory disposal schedules shall 

be submitted for all aircraft regardless of 

condition, flight safety critical aircraft 

parts, and scrap that— 

(1) Requires demilitarization; 

(2) Is a classified item; 

(3) Is generated from classified items; 

(4) Contains hazardous materials or 

hazardous wastes; 

(5) Contains precious metals that are 

economically beneficial to recover; or 

(6) Is dangerous to the public health, 

safety, or welfare. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.232–16 [Amended] 

18. Amend section 52.232–16 by— 

a. Removing from the clause heading 

‘‘(JUL 2009)’’ and adding ‘‘(DATE)’’ in 

its place; 

b. Removing from paragraph (d)(2)(ii) 

‘‘under any other clause of this 

contract’’; 

c. Removing from paragraph (d)(3) ‘‘or 

special tooling’’; and 

d. Removing from paragraph (e) ‘‘is 

damaged, lost, stolen, or’’ and adding 

‘‘is lost, stolen, damaged, or’’ in its 

place. 

52.232–32 [Amended] 

19. Amend section 52.232–32 by— 

a. Removing from the clause heading 

‘‘(JAN 2008)’’ and adding ‘‘(DATE)’’ in 

its place; 

b. Removing from paragraph (f)(2)(ii) 

‘‘under any other clause of this 

contract’’; 

c. Removing from paragraph (f)(3) ‘‘or 

special tooling’’; and 

d. Removing from paragraph (g) ‘‘is 

damaged, lost, stolen, or’’ and adding 

‘‘is lost, stolen, damaged, or’’ in its 

place. 

20. Amend section 52.245–1 by— 

a. Revising the date of the clause; 

b. In paragraph (a) by— 

1. Revising the definition 

‘‘Cannibalize’’; 

2. Removing from the definition 

‘‘Equipment’’ the word ‘‘asset’’ and 

adding the word ‘‘item’’ in its place; and 

adding a sentence to the end of the 

definition; 


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3. Adding a sentence to the end of the 

definition ‘‘Government-furnished 

property’’; 

4. Adding a sentence to the end of the 

definition ‘‘Government property’’; 

5. Adding the words ‘‘or real 

property’’ to the end of the definition 

‘‘Material’’; 

6. Removing the definition ‘‘Plant 

equipment’’; 

7. Adding, in alphabetical order, the 

definition ‘‘Property records’’; and 

8. Revising the definition ‘‘Real 

property’’; 

c. Revising the first sentence of 

paragraph (b)(2), (c), and (e)(2)(ii); 

d. Removing from paragraphs 

(e)(2)(iii) and (f)(1)(i) the word 

‘‘material’’ and adding the word 

‘‘property’’ wherever it occurs (8 times); 

e. Removing from paragraph 

(f)(1)(iii)(A)(4) the word ‘‘Unique-item’’ 

and adding the words ‘‘Item unique’’ in 

its place; 

f. Revising paragraph (f)(1)(v)(A), 

introductory text of paragraph (f)(1)(vi), 

paragraphs (f)(1)(vi)(A), (f)(1)(vi)(B)(4), 

(f)(1)(vi)(B)(10), (f)(1)(vii)(A), 

(f)(1)(viii)(B), (f)(1)(x), (g), introductory 

text of paragraph (h)(1), the first 

sentence of paragraph (h)(1)(ii), 

(h)(1)(iii), the first sentence of paragraph 

(h)(2), paragraph (h)(3), the second 

sentence of paragraph (i), and paragraph 

(j)(1)(i)(B); 

h. Add paragraph (j)(1)(i)(C); 

i. Revise paragraphs (j)(3)(iii)(E), and 

(j)(3)(iv); 

g. Add paragraphs (j)(3)(v), and 

(j)(3)(vi); 

j. Remove from paragraph (j)(7)(ii) the 

word ‘‘facility’’ and add the word ‘‘area’’ 

in its place; 

k. Revise paragraph (j)(8)(ii); 

l. In Alternate I, revise the date of the 

alternate, and the first sentence of 

paragraph (h)(1). 

The added and revised text reads as 

follows: 

52.245–1 Government Property. 

* * * * * 

GOVERNMENT PROPERTY (DATE) 

(a) * * * 

* * * * * 

Cannibalize means to remove parts 

from equipment, special tooling or 

special test equipment in order to install 

them on other property. 

* * * * * 

Equipment * * * Equipment does not 

include material or real property. 

Government-furnished property * * * 

Government-furnished property 

includes spares and property furnished 

for repair, maintenance, overhaul, or 

modification. 

Government property * * * 

Government property includes material, 

equipment, special tooling, special test 

equipment, and real property. 

Government property does not include 

intellectual property, and software. 

* * * * * 

Property records means the records 

created and maintained by the 

contractor in support of its stewardship 

responsibilities for the management of 

Government property. 

* * * * * 

Real property. See Federal 

Management Regulation 102–71.20 (41 

CFR 102–71.20). 

* * * * * 

(b) * * * 

(2) The Contractor’s responsibility 

extends from the initial acquisition and 

receipt of property, through 

stewardship, custody, and use until 

formally relieved of responsibility by 

authorized means, including delivery, 

consumption, expending, sale (as 

surplus property), or other disposition, 

or via a completed investigation, 

evaluation, and final determination for 

lost, stolen, damaged, or destroyed 

property. * * * 

* * * * * 

(c) Use of Government property. (1) 

The Contractor shall use Government 

property, either furnished or acquired 

under this contract, only for performing 

this contract, unless otherwise provided 

for in this contract or approved by the 

Contracting Officer. 

(2) Modifications or alterations of 

Government property are prohibited, 

unless they are— 

(i) Reasonable and necessary due to 

the scope of work under this contract or 

its terms and conditions; 

(ii) Required for normal maintenance; 

or 

(iii) Otherwise authorized by the 

Contracting Officer. 

(3) The Contractor shall not 

cannibalize Government property unless 

otherwise provided for in this contract 

or approved by the Contracting Officer. 

* * * * * 

(e) * * * 

(2) * * * 

(ii) Title vests in the Government for 

all property acquired or fabricated by 

the Contractor in accordance with the 

financing provisions or other specific 

requirements for passage of title in the 

contract. Under fixed price type 

contracts, in the absence of financing 

provisions or other specific 

requirements for passage of title in the 

contract, the Contractor retains title to 

all property acquired by the Contractor 

for use on the contract, except for 

property identified as a deliverable end 

item. If a deliverable item is to be 

retained by the Contractor for use after 

inspection and acceptance by the 

Government, it shall be made 

accountable to the contract through a 

contract modification listing the item as 

Government-furnished property. 

* * * * * 

(f) * * * 

(1) * * * 

(v) * * * 

(A) The Contractor shall award 

subcontracts that clearly identify assets 

to be provided and shall ensure 

appropriate flow down of contract terms 

and conditions (e.g., extent of liability 

for loss, theft, damage, or destruction of 

Government property). 

* * * * * 

(vi) Reports. The Contractor shall 

have a process to create and provide 

reports of discrepancies; loss, theft, 

damage, or destruction; physical 

inventory results; audits and selfassessments; corrective actions; and 

other property related reports as 

directed by the Contracting Officer. 

(A) Loss, theft, damage, or 

destruction. Unless otherwise directed 

by the Property Administrator, the 

Contractor shall investigate and 

promptly furnish a written narrative of 

all incidents of loss, theft, damage, or 

destruction to the property 

administrator as soon as the facts 

become known or when requested by 

the Government. 

(B) * * * 

(4) Item unique Item Identifier (if 

available). 

* * * * * 

(10) A statement that the Government 

will receive any reimbursement 

covering the loss, theft, damage, or 

destruction in the event the Contractor 

was or will be reimbursed or 

compensated. 

* * * * * 

(vii) * * * 

(A) Consumed or expended, 

reasonably and properly, or otherwise 

accounted for, in the performance of the 

contract, including reasonable inventory 

adjustments of material as determined 

by the Property Administrator; or a 

Property Administrator granted relief of 

responsibility for loss, theft, damage, or 

destruction of Government property; 

* * * * * 

(viii) * * * 

(B) Unless otherwise authorized in 

this contract or by the Property 

Administrator the Contractor shall not 

commingle Government material with 

material not owned by the Government. 

* * * * * 

(x) Property closeout. The Contractor 

shall promptly perform and report to the 

Property Administrator contract 


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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 39267 

property closeout, to include reporting, 

investigating and securing closure of all 

loss, theft, damage, or destruction cases; 

physically inventorying all property 

upon termination or completion of this 

contract; and disposing of items at the 

time they are determined to be excess to 

contractual needs. 

* * * * * 

(g) Systems analysis. (1) The 

Government shall have access to the 

Contractor’s premises and all 

Government property, at reasonable 

times, for the purposes of reviewing, 

inspecting and evaluating the 

Contractor’s property management plan, 

systems, procedures, records, and 

supporting documentation that pertains 

to Government property. This access 

includes all site locations and, with the 

Contractor’s consent, all subcontractor 

premises. 

(2) Records of Government property 

shall be readily available to authorized 

Government personnel and shall be 

appropriately safeguarded. 

(3) Should it be determined by the 

Government that the Contractor’s (or 

subcontractor’s) property management 

practices are inadequate or not 

acceptable for the effective management 

and control of Government property 

under this contract, or present an undue 

risk to the Government, the Contractor 

shall immediately take all necessary 

corrective actions as directed by the 

Property Administrator. 

* * * * * 

(h) * * * 

(1) Unless otherwise provided for in 

the contract, the Contractor shall not be 

liable for loss, theft, damage, or 

destruction to the Government property 

furnished or acquired under this 

contract, except when any one of the 

following applies— 

* * * * * 

(ii) The loss, theft, damage, or 

destruction is the result of willful 

misconduct or lack of good faith on the 

part of the Contractor’s managerial 

personnel. * * * 

(iii) The Contracting Officer has, in 

writing, revoked the Government’s 

assumption of risk for loss, theft, 

damage, or destruction, due to a 

determination under paragraph (g) of 

this clause that the Contractor’s 

property management practices are 

inadequate, and/or present an undue 

risk to the Government, and the 

Contractor failed to take timely 

corrective action. If the Contractor can 

establish by clear and convincing 

evidence that the loss, theft, damage, or 

destruction of Government property 

occurred while the Contractor had 

adequate property management 

practices or the loss, theft, damage, or 

destruction of Government property did 

not result from the Contractor’s failure 

to maintain adequate property 

management practices, the Contractor 

shall not be held liable. 

(2) The Contractor shall take all 

reasonable actions necessary to protect 

the Government property from further 

loss, theft, damage, or destruction. * * 

* 

(3) The Contractor shall do nothing to 

prejudice the Government’s rights to 

recover against third parties for any loss, 

theft, damage, or destruction of 

Government property. 

* * * * * 

(i) Equitable adjustment. * * * 

However, the Government shall not be 

liable for breach of contract for the 

following: 

* * * * * 

(j) * * * 

(1) * * * 

(i) * * * 

(B) For scrap from other than 

production or testing the Contractor 

may prepare scrap lists in lieu of 

inventory disposal schedules (provided 

such lists are consistent with the 

approved scrap procedures.) 

(C) Inventory disposal schedules shall 

be submitted for all aircraft regardless of 

condition, flight safety critical aircraft 

parts, and scrap that— 

(1) Requires demilitarization; 

(2) Is a classified item; 

(3) Is generated from classified items; 

(4) Contains hazardous materials or 

hazardous wastes; 

(5) Contains precious metals that are 

economically beneficial to recover; or 

(6) Is dangerous to the public health, 

safety, or welfare. 

* * * * * 

(3) * * * 

(iii) * * * 

(E) Precious metals in raw or bulk 

form; 

* * * * * 

(iv) The Contractor shall provide the 

information required by 52.245– 

1(f)(1)(iii) along with the following: 

(A) For special tooling and special test 

equipment, identify each part number 

with which the item is used. 

(B) For work-in-progress, the 

estimated percentage of completion. 

(C) For precious metals, the type of 

metal and estimated weight. 

(D) For hazardous material or 

property contaminated with hazardous 

material, the type of hazardous material. 

(E) For metals in mill product form, 

the form, shape, treatment, hardness, 

temper, specification (commercial or 

Government) and dimensions 

(thickness, width and length.) 

(F) Any additional information that 

may facilitate understanding of the 

property’s intended use. 

(v) Property with the same 

description, condition code, and 

reporting location may be grouped in a 

single line item. 

(vi) Scrap should be reported by ‘‘lot’’ 

along with metal content, estimated 

weight and estimated value. 

* * * * * 

(8) * * * 

(ii) The Contractor shall prepare for 

shipment, deliver f.o.b. origin, or 

dispose of Contractor inventory as 

directed by the Plant Clearance Officer. 

Unless otherwise directed by the 

Contracting Officer or by the Plant 

Clearance Officer, the Contractor shall 

remove and destroy any Government 

affixed markings identifying the 

property as U.S. Government-owned 

property prior to its disposal. 

* * * * * 

Alternate I (Date). * * * 

(h)(1) The Contractor assumes the risk of, 

and shall be responsible for, any loss, theft, 

damage, or destruction of Government 

property upon its delivery to the Contractor 

as Government-furnished property. * * * 

* * * * * 

20. Amend section 52.245–2 by 

revising the date of the clause, and the 

first two sentences of paragraph (b) to 

read as follows: 

52.245–2 Government Property Installation 

Operation Services. 

* * * * * 

GOVERNMENT PROPERTY INSTALLATION 

OPERATION SERVICES (DATE) 

* * * * * 

(b) The Government bears no 

responsibility for repair or replacement 

of any loss, theft, damage, or destruction 

of Government property. If any or all of 

the Government property is lost, stolen, 

damaged, or destroyed or becomes no 

longer usable, the Contractor shall be 

responsible for replacement of the 

property at Contractor expense. * * * 

* * * * * 

21. Amend section 52.245–9 by 

revising the date of the clause, and the 

introductory text of paragraph (a); and 

removing the definitions ‘‘Acquisition 

cost’’, ‘‘Government property’’, ‘‘Plant 

equipment’’, and ‘‘Real property’’. The 

revised text reads as follows: 

52.245–9 Use and Charges. 

* * * * * 

USE AND CHARGES (DATE) 

(a) Definitions. Definitions applicable 

to this contract are provided in the 

clause at 52.245–1, Government 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
39268 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 

Property. Additional definitions as used 

in this clause include: 

* * * * * 

23. Amend section 52.251–1 by 

revising the date of the clause, and the 

last sentence of the clause to read as 

follows: 

52.251–1 Government Supply Sources. 

* * * * * 

GOVERNMENT SUPPLY SOURCES (DATE) 

* * * The provisions of the clause 

entitled ‘‘Government Property,’’ at 

52.245–1, shall apply to all property 

acquired under such authorization. 

(End of clause) 

[FR Doc. E9–18799 Filed 8–5–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R1-ES-2009-0043]

[ MO 9221050083] 

Endangered and Threatened Wildlife 

and Plants; Initiation of Status Review 

for Mountain Whitefish (Prosopium 

williamsoni) in the Big Lost River, 

Idaho 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice; initiation of status 

review and solicitation of new 

information. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

initiation of a status review for 

mountain whitefish (Prosopium 

williamsoni) in the Big Lost River, 

Idaho. The status review will help us 

determine whether this population 

warrants listing as threatened or 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

At the conclusion of the review, we will 

issue a 12–month finding on our 

determination as to whether listing is 

warranted. If listing is warranted, we 

will also determine whether or not to 

propose critical habitat for mountain 

whitefish in the Big Lost River. 

DATES: To allow us adequate time to 

conduct this review, we request that you 

send us information on or before 

September 8, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for Docket 

FWS-R1-ES-2009-0043 and then follow 

the instructions for submitting 

comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: Docket 

FWS-R1-ES-2009-0043; Division of 

Policy and Directives Management; U.S. 

Fish and Wildlife Service; 4401 N. 

Fairfax Drive, Suite 222; Arlington, VA 

22203. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Information Solicited section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Jeffery L. Foss, State Supervisor, U.S. 

Fish and Wildlife Service, Idaho Fish 

and Wildlife Office, 1387 S. Vinnell 

Way, Room 368, Boise, ID 83709; 208- 

378-5243; facsimile at 208-378-5262. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 15, 2006, we received a 

petition from the Western Watersheds 

Project requesting we list the population 

of mountain whitefish in the Big Lost 

River, Idaho, as a species, subspecies, or 

distinct population segment (DPS). The 

petitioner also requested that we 

designate critical habitat. On October 

23, 2007, we published our 90–day 

finding (72 FR 59983), which found the 

petition failed to provide substantial 

information indicating that listing 

mountain whitefish in the Big Lost 

River may be warranted. This finding 

was based on a lack of information 

demonstrating the Big Lost River 

mountain whitefish may be a listable 

entity under the Act. For more 

information on the biology, habitat, and 

range of the mountain whitefish in the 

Big Lost River, please refer to our 90– 

day finding (72 FR 59983) published in 

the Federal Register on October 23, 

2007. 

On January 25, 2008, the Western 

Watersheds Project filed a complaint 

challenging our negative 90–day 

finding. On March 31, 2009, United 

States District Court (Western 

Watershed Project vs. Dirk Kempthorne, 

et al., (Case No. CV07-409-S-EJL)) found 

the Service had considered information 

beyond the material in the petition such 

that the Service had effectively begun to 

conduct a status review. The Court 

directed the Service to proceed directly 

to a status review of the species and 

issue a 12–month finding by March 31, 

2010. 

Section 4(b)(3)(B) of the Act (16 

U.S.C. 1531 et seq.), requires a 12– 

month finding to announce whether the 

petitioned actions is: (a) Not warranted, 

(b) warranted, or (c) warranted, but 

immediate proposal of a regulation 

implementing the petitioned action is 

precluded by other pending proposals to 

determine whether species are 

endangered or threatened, and 

expeditious progress is being made to 

add or remove qualified species from 

the Lists of Endangered and Threatened 

Wildlife and Plants. Section 4(b)(3)(C) of 

the Act requires that we treat a petition 

for which the requested action is found 

to be warranted but precluded as though 

resubmitted on the date of such finding, 

that is, requiring a subsequent finding to 

be made within 12 months. We must 

publish these 12–month findings in the 

Federal Register. 

To help inform our status review, we 

are soliciting new information on the 

status of, and potential threats to, 

mountain whitefish, in particular the 

population in the Big Lost River. We 

will base our determination as to 

whether listing is warranted on a review 

of the best scientific and commercial 

data available, including all such 

information received as a result of this 

notice. 

Information Solicited 

To ensure that the status review is 

complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information concerning the status of the 

mountain whitefish. We will use the 

information gained during this process 

to evaluate, as appropriate, whether: 

•The population of mountain 

whitefish in the Big Lost River is a 

species, subspecies, or a DPS (as 

described in our Policy Regarding the 

Recognition of Distinct Vertebrate 

Population Segments under the 

Endangered Species Act (DPS Policy; 61 

FR 4722; February 7, 1996)), and 

• Listing of that entity as threatened or 

endangered is warranted under the 

Endangered Species Act of 1973, as 

amended (Act; 16 U.S.C. 1531 et seq.). 

We request information from other 

concerned governmental agencies, 

Native American Tribes, the scientific 

community, industry, and any other 

interested parties on the status of 

mountain whitefish throughout its 

range. We are seeking information 

regarding: 

(1) The historical and current status 

and distribution of the mountain 

whitefish, its population trend, 

taxonomy, genetics, biology, ecology, 

and habitat selection. 

(2) Ongoing conservation measures for 

the species and its habitat. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS