52860 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are issuing a final rule 

amending the Federal Acquisition 

Regulation (FAR) to reflect reissuance of 

the Federal Emergency Management 

Agency’s (FEMA) National Response 

Plan (NRP). On January 22, 2008, FEMA 

reissued the NRP as the National 

Response Framework (NRF). In 

addition, the term ‘‘Incident of National 

Significance’’ was eliminated. These 

changes became effective on March 22, 

2008. 

DATES: Effective Date: November 13, 

2009 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. Ed 

Loeb, Director, Contract Policy Division 

at (202) 501–0650. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAC 2005–37, FAR case 2009–003. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On January 22, 2008, FEMA, a 

component of the Department of 

Homeland Security, reissued the 

National Response Plan (NRP) as the 

National Response Framework (NRF). 

With the reissuance, the term ‘‘Incidents 

of National Significance’’ was 

eliminated. These changes became 

effective on March 22, 2008. Both the 

NRP and the term ‘‘Incidents of National 

Significance’’ are now obsolete. 

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 Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant FAR 

revision within the meaning of FAR 

1.501 and Public Law 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

and other interested parties concerning 

the affected FAR part 18 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. 

(FAC 2005–37, FAR case 2009–003), in 

all correspondence. 

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 Part 18 

Government procurement. 

Dated: October 5, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 18 as set forth 

below: 

PART 18—EMERGENCY 

ACQUISITIONS 

■ 1. The authority citation for 48 CFR 

part 18 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 18.001 by revising 

paragraph (c) to read as follows: 

18.001 Definition. 

* * * * * 

(c) When the President issues an 

emergency declaration, or a major 

disaster declaration. 

■ 3. Amend section 18.203 by revising 

the section heading to read as follows: 

18.203 Emergency declaration or major 

disaster declaration. 

* * * * * 

■ 4. Amend section 18.204 by revising 

paragraph (a) to read as follows: 

18.204 Resources. 

(a) National Response Framework. 

The National Response Framework 

(NRF) is a guide to how the Nation 

conducts all-hazards response. This key 

document establishes a comprehensive, 

national, all-hazards approach to 

domestic incident response. The 

Framework identifies the key response 

principles, roles and structures that 

organize national response. It describes 

how communities, States, the Federal 

Government, the private-sector, and 

nongovernmental partners apply these 

principles for a coordinated, effective 

national response. It also describes 

special circumstances where the Federal 

Government exercises a larger role, 

including incidents where Federal 

interests are involved and catastrophic 

incidents where a State would require 

significant support. The NRF is 

available at http://www.fema.gov/ 

emergency/nrf/. 

* * * * * 

[FR Doc. E9–24580 Filed 10–13–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 5 and 52 

[FAC 2005–37; Item VIII; Docket 2009–0009; 

Sequence 5] 

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: October 14, 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 2005–37, 

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 5 and 

52 

Government procurement. 

Dated: October 5, 2009. 

Al Matera, 

Director, Acquisition Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 5 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 5 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 5—PUBLICIZING CONTRACT 

ACTIONS 

5.102 [Amended] 

■ 2. Amend section 5.102 by removing 

from paragraph (a)(5)(ii) ‘‘GPE;’’ and 

adding ‘‘GPE; or’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 3. Amend section 52.213–4 by 

revising the date of the clause; and 

removing from paragraph (a)(1)(v) ‘‘(Feb 

2006)’’ and adding ‘‘(June 2008)’’ in its 

place. 

mstockstill on DSKH9S0YB1PROD with RULES2

Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 52861 

■ The revised text reads as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

TERMS AND CONDITIONS—SIMPLIFIED 

ACQUISITIONS (OTHER THAN 

COMMERCIAL ITEMS) (OCT 2009) 

* * * * * 

52.244–6 [Amended] 

■ 4. Amend section 52.244–6 by 

removing from the clause heading 

‘‘(August 11, 2009)’’ and adding ‘‘(Aug 

2009)’’ in its place. 

[FR Doc. E9–24584 Filed 10–13–09; 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 8] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–37; 

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 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) 2005–37 which amend 

the FAR. Interested parties may obtain 

further information regarding these 

rules by referring to FAC 2005–37 

which precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hada Flowers, FAR Secretariat, (202) 

208–7282. For clarification of content, 

contact the analyst whose name appears 

in the table below. 

LIST OF RULES IN FAC 2005–37 

Item Subject FAR case Analyst 

I ............ Registry of Disaster Response Contractors (Interim) ...................................................................... 2008–035 Loeb. 

II ........... Limiting Length of Noncompetitive Contracts in ‘‘Unusual and Compelling Urgency’’ Circumstances.2007–008 Woodson. 

III .......... GAO Access to Contractor Employees ........................................................................................... 2008–026 Loeb. 

IV .......... Use of Commercial Services Item Authority (Interim) ..................................................................... 2008–034 Chambers. 

V ........... Limitations on Pass-Through Charges (Interim) .............................................................................. 2008–031 Chambers. 

VI .......... Award Fee Language Revision (Interim) ......................................................................................... 2008–008 Chambers. 

VII ......... National Response Framework ....................................................................................................... 2009–003 Loeb. 

VIII ........ Technical Amendments ...................................................................................................................

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 2005–37 amends the FAR as 

specified below: 

Item I—Registry of Disaster Response 

Contractors (FAR Case 2008–035) 

(Interim) 

This interim rule amends the FAR at 

parts 2, 4, 7, 10, 13, 18, 26, and 52 to 

implement the Registry of Disaster 

Response Contractors provision, section 

697 of the Department of Homeland 

Security (DHS) Appropriations Act, 

2007 (6 U.S.C. 796). 

The Act requires that the Federal 

Emergency Management Agency 

(FEMA) establish and maintain this 

registry. It also requires that the registry 

include business information consistent 

with the data that is currently required 

in the Central Contractor Registration 

(CCR) with two additional categories 

added to reflect the area served by the 

business, and the bonding level of the 

business concern. The CCR has been 

updated to include these changes. In 

addition, the FEMA website has been 

updated with a link to the CCR search 

feature which provides access to the 

disaster response registry. Contracting 

officers will be required to consult this 

registry during market research and 

acquisition planning. 

Item II—Limiting Length of 

Noncompetitive Contracts in ‘‘Unusual 

and Compelling Urgency’’ 

Circumstances (FAR Case 2007–008) 

This final rule amends the FAR to 

require that contracts awarded under 

the authority of FAR 6.302–2, Unusual 

and compelling urgency, may not 

exceed the time necessary to meet the 

unusual and compelling requirements, 

may not exceed the time for the agency 

to enter into another contract for the 

required goods and services through the 

use of competitive procedures, and may 

not exceed one year unless the head of 

the agency entering into the contract 

determines that exceptional 

circumstances apply. The determination 

may be made after contract award when 

making the determination prior to 

award would unnecessarily delay the 

award. The rule applies to any contract 

in an amount greater than the simplified 

acquisition threshold. The rule 

implements the requirements of section 

862 of the Duncan Hunter National 

Defense Authorization Act (NDAA) for 

Fiscal Year 2009 (Pub. L. 110–417). The 

rule is intended to strengthen Federal 

acquisition competition policies. 

Item III—GAO Access to Contractor 

Employees (FAR Case 2008–026) 

This final rule converts the interim 

rule published in the Federal Register at 

74 FR 14649, March 31, 2009, to a final 

rule without change. The interim rule 

amended FAR 52.215–2, Audits and 

Records—Negotiation, and FAR 52.214– 

26, Audit and Records—Sealed Bidding, 

to allow the Government Accountability 

Office to interview current contractor 

employees when conducting audits. The 

rule does not apply to the acquisition of 

commercial items; therefore, FAR 

12.503 was amended to add the 

exemption of this rule. This change 

implemented section 871 of the Duncan 

Hunter NDAA for Fiscal Year 2009 (Pub. 

L. 110–417). 

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