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 


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