Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 40467 

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 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 the 

incidence of the use of bonds secured by 

interest in real property is very low. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the 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 28 and 

52 

Government procurement. 

Dated: August 4, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 28 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 28 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 28—BONDS AND INSURANCE 

■ 2. Amend section 28.203–3 by 

revising paragraph (a)(1) and removing 

from paragraph (d) ‘‘shall be’’ and 

adding ‘‘shall be signed by all owners of 

the property and’’ in its place. 

■ The revised text reads as follows. 

28.203–3 Acceptance of real property. 

(a) * * * 

(1) A mortgagee title insurance policy, 

in an insurance amount equal to the 

amount of the lien, or other evidence of 

title that is consistent with the 

requirements of Section 2 of the United 

States Department of Justice Title 

Standards at http://www.usdoj.gov/ 

enrd/2001lTitlelStandards.html. This 

title evidence must show fee simple title 

vested in the surety along with any 

concurrent owners; whether any real 

estate taxes are due and payable; and 

any recorded encumbrances against the 

property, including the lien filed in 

favor of the Government under 

paragraph (d) of this subsection. Agency 

contracting officers should request the 

assistance of their designated agency 

legal counsel in determining if the title 

evidence is consistent with the 

Department of Justice standards; 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 3. Amend section 52.228–11 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (b)(1) 

‘‘and/or;’’ and adding ‘‘; and/or’’ in its 

place; and 

■ c. Revising paragraph (b)(2)(i). 

■ The revised text reads as follows: 

52.228–11 Pledges of Assets. 

* * * * * 

PLEDGES OF ASSETS (Sept 2009) 

* * * * * 

(b) * * * 

(2) * * * 

(i) A mortgagee title insurance policy, 

in an insurance amount equal to the 

amount of the lien, or other evidence of 

title that is consistent with the 

requirements of Section 2 of the United 

States Department of Justice Title 

Standards at http://www.usdoj.gov/ 

enrd/2001lTitlelStandards.html. This 

title evidence must show fee simple title 

vested in the surety along with any 

concurrent owners; whether any real 

estate taxes are due and payable; and 

any recorded encumbrances against the 

property, including the lien filed in 

favor of the Government as required by 

FAR 28.203–3(d); 

* * * * * 

[FR Doc. E9–19166 Filed 8–10–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 30 and 52 

[FAC 2005–36; FAR Case 2007–002; Item 

VI; Docket 2008–0001, Sequence 22] 

RIN 9000–AL09 

Federal Acquisition Regulation; FAR 

Case 2007–002, Cost Accounting 

Standards (CAS) Administration and 

Associated Federal Acquisition 

Regulation Clauses 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on a final rule 

amending the Federal Acquisition 

Regulation (FAR) to revise the contract 

clauses related to the administration of 

the Cost Accounting Standards (CAS) to 

maintain consistency between the FAR 

and CAS. 

DATES: Effective Date: August 11, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Edward N. Chambers, Procurement 

Analyst, at (202) 501–3221. For 

information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. Please 

cite FAR Case 2007–002. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The CAS Board published a final rule 

in the Federal Register at 72 FR 32809 

on June 14, 2007, revising the contract 

clauses for CAS administration. The 

final rule effected the following 

changes: 

• Amended the CAS applicability 

threshold to be the same as the 

threshold for compliance with the Truth 

in Negotiations Act (TINA) as required 

by section 822 of the 2006 National 

Defense Authorization Act (Pub. L. 109– 

163). The TINA threshold is currently 

$650,000. 

•Changed the effective dates of 48 

CFR 9903.201–3 and 48 CFR 9903.201– 

4(a), (c), and (e) from April 2000 and 

June 2000, respectively, to June 2007. 

The CAS Board published a final rule 

in the Federal Register at 65 FR 37470 

on June 14, 2000, revising the contract 

clauses for CAS administration. The 

final rule specified that the interest rate 

for overpayments by the Government 

under 48 CFR 9903.201–4(a), (c), and (e) 

shall be computed at the annual rate 

established under section 6621(a)(2) of 

the Internal Revenue Code of 1986 (26 

U.S.C. 6621(a)(2)). 

In order to maintain consistency 

between CAS and FAR, the Councils 

issued an interim rule revising 30.201– 

4 and 50.230–1 through 50.230–5. 

This final rule adopts, without 

change, the interim rule published in 

the Federal Register at 73 FR 54011 on 

September 17, 2008. No public 

comments were received in response to 

the interim rule. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 


srobinson on DSKHWCL6B1PROD with RULES5
40468 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 

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 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, at 5 U.S.C. 601, et seq., because 

contracts and subcontracts awarded to 

small businesses are exempt from the 

Cost Accounting Standards. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the 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 30 and 

52 

Government procurement. 

Dated: August 4, 2009. 

Al Matera, 

Director, Office of 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 73 FR 54011 on September 

17, 2008, is adopted as a final rule 

without change. 

[FR Doc. E9–19167 Filed 8–10–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 32 and 52 

[FAC 2005–36; Item VII; Docket 2009–0003, 

Sequence 4] 

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 

Regulation in order to make editorial 

changes. 

DATES: Effective Date: August 11, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, 1800 F Street, 

NW., Room 4041, Washington, DC, 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedules. Please cite FAC 2005–35, 

Technical Amendments. 

SUPPLEMENTARY INFORMATION: This 

document makes amendments to the 

Federal Acquisition Regulation in order 

to make editorial changes. 

List of Subjects in 48 CFR Parts 32 and 

52 

Government procurement. 

Dated: August 4, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 32 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 32 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 32—CONTRACT FINANCING 

32.503–9 [Amended] 

■ 2. Amend section 32.503–9 in 

paragraph (a)(7) by removing paragraph 

‘‘(a)(4’’) and adding paragraph ‘‘(a)(5’’) 

in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.213–4 [Amended] 

■ 3. Amend section 52.213–4 by 

revising the date of the clause; and 

removing from paragraph (a)(2)(vi) 

‘‘(Mar 2009’’) and adding August 11, 

2009 in its place. 

■ 4. Amend section 52.244–6 by— 

■ a. Revising the date of the clause; and 

■ b. Revising paragraphs (c)(1)(i), 

(c)(1)(ii), (c)(1)(iii), (c)(1)(vii), and 

(c)(1)(ix) to read as follows:52.244–6 

Subcontracts for Commercial Items. 

* * * * * 

SUBCONTRACTS FOR COMMERCIAL 

ITEMS (August 11, 2009) 

* * * * * 

(c)(1) * * * 

(i) 52.203–13, Contractor Code of 

Business Ethics and Conduct (Dec 2008) 

(Pub. L. 110–252, Title VI, Chapter 1 (41 

U.S.C. 251 note)), if the subcontract 

exceeds $5,000,000 and has a 

performance period of more than 120 

days. In altering this clause to identify 

the appropriate parties, all disclosures 

of violation of the civil False Claims Act 

or of Federal criminal law shall be 

directed to the agency Office of the 

Inspector General, with a copy to the 

Contracting Officer. 

(ii) 52.203–15, Whistleblower 

Protections Under the American 

Recovery and Reinvestment Act of 2009 

(Section 1553 of Pub. L. 111–5), if the 

subcontract is funded under the 

Recovery Act.(iii) 52.219–8, Utilization 

of Small Business Concerns (May 2004) 

(15 U.S.C. 637(d)(2) and (3)), if the 

subcontract offers further subcontracting 

opportunities. If the subcontract (except 

subcontracts to small business concerns) 

exceeds $550,000 ($1,000,000 for 

construction of any public facility), the 

subcontractor must include 52.219–8 in 

lower tier subcontracts that offer 

subcontracting opportunities. 

* * * * * 

(vii) 52.222–39, Notification of 

Employee Rights Concerning Payment 

of Union Dues or Fees (Dec 2004) (E.O. 

13201), if flow down is required in 

accordance with paragraph (g) of FAR 

clause 52.222–39). 

* * * * * 

(ix) 52.247–64, Preference for 

Privately Owned U.S.-Flag Commercial 

Vessels (Feb 2006) (46 U.S.C. App. 1241 

and 10 U.S.C. 2631), if flow down is 

required in accordance with paragraph 

(d) of FAR clause 52.247–64. 

* * * * * 

[FR Doc. E9–19168 Filed 8–10–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0002, Sequence 7] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–36; 

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 the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide 


srobinson on DSKHWCL6B1PROD with RULES5