Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56279 

PART 249—TERMINATION OF 

CONTRACTS 

■ 6. The authority citation for 48 CFR 

part 249 is revised to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

249.7000 [Amended] 

■ 7. Amend section 249.7000, in 

paragraph (a)(1), by removing ‘‘(703) 

697–9351, DSN 227–9351’’ and adding 

‘‘osd.pentagon.ousdatl.mbx.cpic@mail.mil’’ in its place. 

[FR Doc. 2014–22370 Filed 9–18–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 904, 952 and 970 

RIN 1991–AB85 

Acquisition Regulation: Access to and 

Ownership of Records 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is publishing a final rule 

amending the Department of Energy 

Acquisition Regulation (DEAR) to 

ensure the access to and ownership of 

records generated during contract 

performance for its contractors and 

subcontractors performing potentially 

hazardous work and clarifies 

management, retention and disposal of 

records after contract termination. This 

final rule: Ensures that records 

generated on individuals that meet the 

requirements of the Privacy Act are 

operated and maintained as Privacy Act 

SORs; clarifies that Privacy Act SORs 

are Government-owned records, not 

contractor-owned, even though they are 

created by the contractor; ensures the 

inclusion of this clause in contracts 

where work activities could involve 

exposure to potentially hazardous 

substances; and, ensures that DOE has 

consistent records maintenance, 

retention, and disposal requirements in 

accordance with Federal laws, 

regulations and DOE Directives and 

updates thereto. 

DATES: Effective Date: October 20, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jason Taylor, U.S. Department of 

Energy, Office of Procurement, MA–61, 

1000 Independence Avenue SW., 

Washington, DC 20585; 202–287–1560 

or jason.taylor@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Section-by-Section Discussion of 

Comments and Rule Provisions 

III. Section-by-Section Analysis 

IV. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Congressional Notification 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

Historically, DOE’s Management and 

Operating (M&O) contractors were 

tasked with performing functions that 

could involve exposure to radioactive 

and other hazardous materials. Because 

of the possible long-term effects of 

exposure, DOE contractors and 

subcontractors must create and maintain 

records documenting the potentially 

hazardous work activities performed by 

their personnel. For example, the 

Occupational Radiation Protection 

program at 10 Code of Federal 

Regulations (CFR) Part 835 and the 

Chronic Beryllium Disease Prevention 

Program at 10 CFR Part 850 both require 

the creation, maintenance and 

disposition of records on contractor and 

subcontractor personnel. These records 

include, but are not limited to: Certain 

personnel records, medical, and 

occupational safety and health records. 

DOE’s M&O contractors already provide 

for DOE ownership and/or access to 

these types of records. However, DOE 

now also utilizes other types of 

contracts to perform many agency 

functions. Therefore, DOE is making 

this revised clause applicable to both 

M&O as well as non-M&O contracts and 

subcontracts to ensure that records are 

managed and retained in accordance 

with Federal laws (including the 

Privacy Act), applicable regulations and 

DOE requirements. To provide relevant 

information for processing of claims 

under the Energy Employees 

Occupational Illness Compensation 

Program Act (EEOICPA; 42 U.S.C. 

7385s–10) and for other similar issues, 

DOE must ensure governmentownership of not only records 

documenting agency functions, but 

records documenting potential exposure 

to hazardous substances. These records 

are needed for processing claims and 

provide documentation that otherwise 

protects the financial and legal 

obligations of both individuals and the 

Government. These records include, but 

are not limited to: Personnel, medical 

and exposure records listed as privacy 

act systems of records, facility, 

environmental and other project related 

records, as well as, occupational safety 

and health records. Personnel records 

are also needed to allow DOE to identify 

and contact individuals in the future for 

participation in the DOE Federal Worker 

Medical Screening Program (FWP), to 

comply with other, future records 

requests, and to meet the requirement to 

retain the records in accordance with 

Federal laws and regulations. 

The National Archives and Records 

Administration’s (NARA) regulation at 

36 Code of Regulations (CFR), Chapter 

XII, Subchapter B, ‘‘Records 

Management’’ requires agencies to 

ensure contractors performing agency 

functions create and maintain records 

that document these activities and 

specify government ownership of 

documents within the contract. For the 

Department of Energy, Title 42 U.S.C. 

7101(b)(1) defines function as any duty, 

obligation, power, authority, 

responsibility, right, privilege and 

activity. Performance of those functions 

is defined in 42 U.S.C. 7101(b)(2). 

Throughout its history, DOE has been 

tasked by Congress to perform certain 

functions related to research, 

operations, and environmental clean-up 

that could cause potential exposure to 

hazardous substances. 

On January 9, 2009, DOE published a 

System of Records Notice (SORN) in the 

Federal Register (74 FR 994) describing 

DOE’s Privacy Act systems of records 

(SOR) in accordance with the Privacy 

Act of 1974 (5 U.S.C. 552a). For 

example, the SOR for EEOICPA files is 

located at DOE–10 (74 FR 1,008), and 

includes such records as: Employment 

records, exposure records, medical 

reports, personnel security 

questionnaires, safety records or other 

incident reports. The Personnel Medical 

Records SOR at DOE–33 (74 FR 1,302) 

includes the following types of records: 

Medical histories on contractor 

employees resulting from medical 

examination, medical records of 

periodic physical examinations and 

psychological testing, records on the 

results of workplace and medical 

monitoring of individuals for exposure 

to chemical and physical agents (not 

covered in DOE–35), and related work 

history data, including drug testing 

information and results, contractor 

employee-completed health 

questionnaires not resulting from a 

medical examination. Lastly, the 

Personnel Radiation Exposure Records 


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at DOE–35 (74 FR 1,037) includes: DOE 

contractor personnel and other 

individuals’ radiation exposure records, 

social security numbers, and other 

records, in connection with registries of 

uranium, transuranic, or other elements 

encountered in the nuclear industry. 

Privacy Act SORs are defined within 

the Privacy Act (5 U.S.C. 552a(a)(5)) as 

a group of records under the control of 

an agency from which information is 

retrieved by the name of the individual, 

some identifying number, symbol or 

other particular identifying 

characteristic. The authority of DOE to 

assert Government ownership over 

Privacy Act SORs, whether generated by 

a prime or subcontractor, is set forth in 

44 U.S.C. 2104(a). This statute requires 

the National Records and Archives 

Administration (NARA) to prescribe 

such regulations as deemed necessary to 

effectuate their functions, and the head 

of each executive agency to issue such 

orders and directives deemed necessary 

to carry out those regulations. In 36 CFR 

1222.32(b), NARA’s Records 

Management regulations expressly state 

that all data created for Government use 

and delivered to, or falling under the 

legal control of, the Government are 

Federal records. This includes records 

created/received by contractors that 

document the work specified within the 

contract and are generated or received 

during the performance of the contract. 

DOE’s M&O contracts currently 

provide for DOE ownership and/or 

access to these types of records because 

of the inclusion of the Access to and 

Ownership of Records clause at 48 CFR 

970.5204–3, and specifically 970.5204– 

3(b)(1), which excepts Privacy Act SORs 

from the list of contractor-owned 

records, even though they are 

contractor-generated records. 

Additionally, in accordance with 10 

CFR Part 835, Occupational Radiation 

Protection and 10 CFR Part 850, Chronic 

Beryllium Disease Prevention Program, 

certain DOE contractors are required to 

create and maintain individual exposure 

and workplace monitoring records that 

document exposure to these potentially 

hazardous substances during work 

activities performed by their personnel. 

These regulatory provisions currently 

require turnover of the exposure records 

to DOE upon cessation of work 

activities, ensuring DOE’s control over 

these records on a long-term basis in 

accordance with Federal laws and 

regulations. 

DOE contracting officers generally 

insert the clauses at 48 CFR 52.224–1 

and 52.224–1 when the design, 

development, or operations of a system 

of records on individuals is required 

and when the contract specifically 

identifies the system(s) of records that 

must be managed in accordance with 

the Privacy Act. The contract will 

contain a clause that describes which 

Privacy Act SORs, by records series, are 

specifically required to be managed as a 

Privacy Act SOR. By amending the 

Access to and Ownership of Records 

clause at 48 CFR 970.5204–3(b) and 

(b)(1), and requiring inclusion of the 

clause in certain non-M&O contracts, 

DOE is ensuring that not only are 

Privacy Act SORs consistently and 

properly classified as Governmentowned under 48 CFR 970.5204–3(a) 

turned over to DOE on contract 

termination for maintenance and 

disposition, but records generated/ 

received in the performance of the 

contract, other than those set forth 

within the contract as Contractorowned, are managed and dispositioned 

by DOE on contract termination. 

This final rule stresses the importance 

of complete and accurate 

documentation and proper 

recordkeeping to adequately document 

Government-funded activities, preserve 

institutional memory, protect the legal 

and financial rights of the Government, 

preserve applicable worker, facility, and 

environmental records, and ensure 

availability of those records when they 

are needed. The rule requires inclusion 

of the Access to and Ownership of 

Records clause at 48 CFR 970.5204–3 in 

contracts, not just M&O contracts, when 

the contract contains the Integration of 

Environment, Safety, and Health into 

Work Planning and Execution (ISM) 

clause at 970.5223–1, as prescribed by 

952.223–71, or the Radiation Protection 

and Nuclear Criticality clause at 

952.223–72. The revisions also add 

clarifying language to ensure consistent 

maintenance, retention, and disposal of 

records in accordance with NARA’s 

Records Management regulations. 

Further, this rule clarifies the 

distinction between contractor-owned 

and Government-owned records and 

emphasizes contractor and 

subcontractor records management 

responsibilities consistent with NARA’s 

Records Management regulations, 

including maintaining certain records as 

DOE Privacy Act SORs (48 CFR 52.224– 

2). This rule also ensures preservation 

and appropriate ownership of 

personnel, facility, occupational safety 

and health, environmental, medical, 

facility and other records generated 

during contract performance. A notice 

of proposed rulemaking was published 

at 75 FR 28772 on May 24, 2010 and 

twenty-one (21) comments were 

received from six (6) individuals/ 

entities. 

II. Section-by-Section Discussion of 

Comments and Rule Provisions. 

DOE carefully reviewed the proposed 

regulation in light of the comments 

received during the public comment 

period and has attempted to address 

those requesting clarification or further 

detail through either revisions to the 

text of the final rule or through 

clarification in this preamble 

discussion. 

This ‘‘Response to Comments’’ 

addresses issues raised by commenters 

during the public comment period. 

Every comment has been analyzed and 

the following discussion provides 

responses organized by issue. 

Scope and Reach of Rule 

Two commenters expressed concern 

that the rule is potentially overreaching 

and overbroad which has negative 

consequences. They also asserted that it 

may place undue burden on small 

businesses. 

DOE disagrees. The only change to the 

Access to and Ownership of Records 

clause at 48 CFR 970.5204–3 is to clarify 

that records series specified within the 

contract as Privacy Act SORs are 

Government-owned records even if the 

records are contractor-generated. The 

revisions do not expand the breadth of 

the Access to and Ownership of Records 

clause. The revisions do, however, 

expand the applicability of the clause to 

certain non-M&O contracts and 

subcontractors when that contract 

contains the ISM clause at 970.5223–1, 

as prescribed by 952.223–71, or the 

radiation protection and nuclear 

criticality clause at 952.223–72. The 

revisions are made to ensure records 

generated on individuals that meet the 

requirements of the Privacy Act are 

maintained in a Privacy Act SOR as 

required under existing laws and 

regulations, as opposed to any new 

procedure established by this 

regulation. The revisions also add 

clarifying language to ensure consistent 

maintenance, retention and disposal of 

records in accordance with NARA’s 

Records Management regulations. DOE 

believes that the additional 

requirements of this rule will have a 

minimal burden on small businesses. 

Possible Freedom of Information Act 

(FOIA) Implications 

Two commenters suggested that 

revising the ownership of medical/ 

health related records to make them 

Government-owned would subject such 

records to requests by third parties 

under FOIA. The commenters 

recommend that DOE abandon the 

requirement that contractor-owned 


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records be maintained as a Privacy Act 

SOR. 

DOE agrees that medical/health 

related records created, operated and 

maintained as a Privacy Act SOR will 

no longer be contractor-owned but 

rather Government-owned records. As 

such, they will be subject to the FOIA, 

which does permit release of 

Government-owned records to FOIA 

requestors. However, records requested 

under FOIA are subject to certain 

exemptions set forth in 5 U.S.C. 552(b). 

In particular, FOIA Exemption 6, 5 

U.S.C. 552(b)(6), permits withholding 

personnel, medical and similar files the 

disclosure of which would constitute a 

clearly unwarranted invasion of 

personal privacy. Unless otherwise 

required by law, DOE will adhere to the 

statutory requirements of the FOIA and 

the Privacy Act to protect contractor and 

subcontractor employee personal, 

medical/health-related and similar 

records from release and disclosure. 

Privacy Act SOR (Government vs. 

Contractor) 

One commenter expressed concern 

that the change to 48 CFR 970.5204–3 

would allow private ‘‘personnel’’ 

records of private sector, nongovernment employees, previously not 

held by the Government, to be turned 

over to the Government. Several other 

commenters expressed concern that 

converting medical records into a 

Privacy Act SOR would be an improper 

Government appropriation of privatelyowned and managed personal 

information. Furthermore, they question 

the ethics of a wholesale ‘‘taking’’ by the 

Federal Government of records 

currently under the explicit ownership 

of the M&O contractor. 

DOE disagrees. The revisions to the 

DEAR ensure records generated in the 

performance of the contract containing 

personal information that are retrieved 

by name or other personal identifier are 

classified and maintained in Privacy Act 

SORs in accordance with the Privacy 

Act and NARA records management 

regulations. This rule does not extend 

Government ownership to the entirety 

of personnel or other records generated 

and maintained by the contractor as set 

forth in 48 CFR 970.5204–3(b), but to 

those records series that are generated 

and received that document work 

performed under the contract. As 

discussed above, DOE categorized 

certain contractor and subcontractor 

personnel, employment, medical, 

occupational health and exposure 

records as Privacy Act SORs in the 

SORN published on January 9, 2009, (74 

FR 994). These records series currently 

contain routine use exceptions as to 

whom and when these particular 

records may be released. Additionally, 

DOE disagrees that the Federal 

Government is taking records under the 

explicit ownership of the M&O 

contractor. The regulations in 10 CFR 

parts 835 and 850 requiring contractors 

to create and maintain exposure, 

medical and occupational health 

records as part of the Occupational 

Radiation Program and the Chronic 

Beryllium Disease Prevention Program 

currently require transfer of those 

records to DOE on cessation of work 

activities. 

DOE acknowledges this may be a new 

requirement for non-M&O contractors, 

but a requirement that is necessary to 

address records ownership issues and 

establish consistent records 

maintenance, retention and disposition 

requirements in accordance with DOE’s 

NARA-approved Records Management 

schedules. 

Privacy Act and Ownership of Records 

Considerations 

One commenter expressed concern 

that having two Privacy Act clauses 

would create a conflict. Since M&O 

contracts already include the Privacy 

Act clause (48 CFR 52.224–2), the 

commenter asserted that the Access to 

and Ownership of Records clause would 

create redundancy and inconsistency. 

DOE disagrees. There is no 

redundancy or inconsistency between 

the Privacy Act clause at 48 CFR 

52.224–2 and the Access to and 

Ownership of Records clause at 48 CFR 

970.5204–3. Language has been added 

to 48 CFR 970.0407–1–2 to clarify the 

link between the two clauses; however, 

no additional requirements have been 

added; the revisions are for clarity. 

Health Insurance Portability and 

Accountability Act (HIPAA) Liability 

One commenter expressed concern 

that the transfer of ownership of 

privately-owned medical records to the 

government would create potential 

conflicts with HIPAA and could result 

in HIPAA litigation. The commenter 

claims that it may also impede normal 

functions of a medical provider. 

DOE disagrees. DOE must comply 

with the statutory requirements of 

HIPAA and the Privacy Act; these 

requirements will not impede the 

normal functions of a medical provider. 

The Privacy Act does not apply to all 

categories of records; it only applies to 

a SOR, paper based or electronic, under 

the control of DOE. Accordingly, a 

record that contains personal 

information about an individual but is 

not retrieved by a personal identifier 

does not quality as a SOR under the 

Privacy Act. Under 48 CFR 52.224–2(a), 

the Privacy Act applies to contractors 

and subcontractors that develop or use 

a SOR under contract with DOE to 

collect, maintain or disseminate 

personal information within a SOR. 

Additionally, under 48 CFR 52.224– 

2(b), the contactor and its employees are 

considered employees of DOE for 

purposes of the sanction provisions of 

the Privacy Act during the performance 

of the contract. Thus, records created 

based on the contract (e.g., medial 

records, exposure records, etc.) would 

be required to be maintained under a 

SOR. 

Integrated Safety Management System 

(ISMS) 

One commenter stated that the 

Integration of Environment, Safety and 

Health into Work Planning and 

Execution clause at 48 CFR 970.5223–1, 

which is also known as Integrated 

Safety Management (ISM) clause has 

been an effective framework for 

integrating safety or a Safety 

Management System (SMS) into work 

planning activities at DOE Sites. Under 

this clause, contractors must provide a 

documented system for DOE approval, 

verify effectiveness through periodic 

validation, and continually monitor 

safety performance and improvement. 

The commenter expressed that there are 

difficulties in achieving required ISM 

flow down clauses to subcontractors 

performing work at DOE sites. 

The commenter also asserted that the 

application of the records retention 

requirements across the DOE complex 

would lead to a chaotic mosaic of 

practices as is already evidenced by the 

variety of ISM clauses and 10 CFR part 

850 flow down practices by M&O 

contractors and the wide variety of 

Privacy Act SORs now required in 

existing M&O contracts. 

DOE disagrees. The terms of the ISM 

clause and its prescription are not 

affected by this rulemaking, and by 

revising 48 CFR 952.223–75, 904.702(b) 

and 970.5204–3(g) DOE is clarifying and 

streamlining the flow down 

requirements of the Access to and 

Ownership of Records clause. 

Other Comments 

One commenter expressed concern 

that the application of the proposed 

changes are applied indiscriminately 

across all forms of contracts and will 

yield unintended and negative 

consequences due to over breadth. 

DOE disagrees. This rule does not 

require any changes for DOE M&O 

contractors who are already covered by 

the Access to and Ownership of Records 

clause at 48 CFR 970.5204–3. For DOE’s 


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56282 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 

non-M&O contractors, this rule affects 

contracts by requiring inclusion of the 

Access to and Ownership of Records 

clause when the contract contains the 

ISM clause at 970.5223–1, as prescribed 

by 952.223–71, or the Radiation 

Protection and Nuclear Criticality clause 

at 952.223–72 to ensure proper 

ownership of records, including records 

series described within the contract as 

Privacy Act SORs, are properly defined 

within the contract as Governmentowned records. Records management 

requirements and responsibilities have 

not changed, but clarifying language and 

revisions to referenced requirements 

were added for consistency across 

contracts (48 CFR 970.0407–1–1 and 

970.5204–3(a), (c), (e) and (f)). 

One commenter expressed the view 

that DOE should use the Notice of 

Proposed Rulemaking (NOPR) process 

as an opportunity to revisit and revise 

DOE Order 206.1 ‘‘Department of Energy 

Privacy Program.’’ 

DOE disagrees. Revising DOE Order 

206.1 is outside the scope of this 

rulemaking. 

One commenter stated that that the 

records ownership clause should be 

applied only to contracts (prime and 

subcontractors) where the scope of work 

clearly includes potential for exposure 

to radiation or other hazardous 

substances. The current clause does not 

specify what constitutes a ‘‘contract 

with potential for exposure.’’ 

DOE disagrees. DOE will retain the 

proposed language in the final rule 

because the revisions to the DEAR 

include amending 48 CFR 904.702(b), 

which clearly establishes that the 

presence of the Integration of 

Environment, Safety and Health into 

Work Planning and Execution clause at 

48 CFR 952.223–71 or the Radiation 

Protection and Nuclear Criticality clause 

at 48 CFR 952.223–72 is the criterion 

used to identify contracts with the 

potential for exposure to radiological or 

other hazardous substances. If either of 

those two clauses is included, the 

contract is considered a contract with 

the potential for exposure and the 

Access to and Ownership of Records 

clause is included in the contract. 

One commenter expressed concern 

that the applicability in 48 CFR 

904.702(b), and Preservation of 

Individual Occupational Radiation 

Exposure Records clause at 48 CFR 

952.223–75 do not specify that the 

clause is to be flowed down to 

subcontractors, even though the 

Background section of the NOPR 

indicates DOE is concerned about 

‘‘medical records on contractors and 

subcontractors.’’ The commenter argued 

that if the Preservation of Individual 

Occupational Radiation Exposure 

Records is not a mandatory flow-down 

to the subcontracts, DOE may not still 

have adequate access to the information 

(at the subcontractor level) that it seeks. 

DOE agrees. DOE has revised the final 

rule to require contractors to include the 

requirements of the Preservation of 

Individual Occupational Radiation 

Exposure Records clause at 48 CFR 

952.223–75 and the Access to and 

Ownership of Records clause at 48 CFR 

970.5204–3 in all subcontracts that 

contain either the Integration of 

Environment, Safety and Health into 

Work Planning and Execution clause at 

48 CFR 970.5223–1, or the Radiation 

Protection and Nuclear Criticality clause 

at 48 CFR 952.223–72. 

One commenter stated that the 

proposed revisions to 48 CFR 970.5204– 

3(b)(1), Section II.5 of the NOPR did not 

elaborate on why this change is being 

proposed and it was not apparent how 

the proposed change would improve the 

ability to provide contract-related 

medical/health records as needed to 

support EEOICPA and other worker 

claims. 

DOE disagrees that the rule does not 

improve the ability to provide contractrelated medical/health records as 

needed to support EEOICPA and other 

work claims. DOE’s NARA-approved 

Records Management Schedules require 

that DOE maintain certain personnel, 

exposure, medical and occupational 

records for extended periods of time to 

support the EEOICPA and other similar 

programs by providing records that 

could support claims (42 USC 7385s– 

10). To avoid a potential loss or 

misplacement of records and remove 

uncertainty regarding ownership of 

these types of records, the amendments 

and clarifications within the Access to 

and Ownership of Records clause clarify 

that Privacy Act SORs are Governmentowned and not contractor owned clearly 

establishes that on contract termination 

the aforementioned Privacy Act SORs 

containing the records needed to 

support the EEOICPA are transferred to 

DOE (or to a location directed by the 

contracting officer). This will ensure 

that DOE can support the EEOICPA and 

similar programs, respond to future 

records requests by officials and 

individuals, and protect the financial 

and legal interests of individuals and 

the Government. 

III. Section-by-Section Analysis 

Section 904.702.—Applicability. The 

clause applicability specification for 

Contractor Records Retention at 48 CFR 

904.702(b) was revised to update the 

name of the Integration of Environment, 

Safety and Health into Work Planning 

and Execution clause, delete the 

reference to the obsolete Nuclear Safety 

clause, add a requirement to include the 

Access to and Ownership of Records 

clause at 48 CFR 970.5204–3, and 

reference the ‘‘National Archives and 

Records Administration (NARA)- 

approved DOE Records Disposition 

Schedules’’ in applicable DOE 

Directives to ensure Government 

ownership and access to these records 

and to establish consistent records 

management practices in the retention 

of records. 

Section 952.223–75—Preservation of 

individual occupational radiation 

exposure records. DOE added language 

to preserve individual occupational 

radiation exposure records that requires 

such records be operated and 

maintained by contractors and 

subcontractors as a DOE Privacy Act 

system of records (i.e., as DOE–35 

Personnel Radiation Exposure Records) 

and to emphasize the requirement to 

maintain these records in accordance 

with Subchapter B of 36 CFR, Chapter 

12, National Archives and Records 

Administration (NARA)-approved DOE 

Records Disposition Schedules and the 

Privacy Act. 

Section 970.0407–1–1—Alternate 

retention schedules. The clause was 

updated to replace a guide ‘‘DOE G 

1324.5B, Records Management 

Program,’’ with ‘‘Subchapter B of 36 

CFR Chapter 12—Records Management’’ 

to ensure records retentions are 

managed in accordance with the 

regulations. The words ‘‘National 

Archives and Records Administration 

(NARA)-approved’’ were added before 

‘‘DOE Records,’’ ‘‘Disposition’’ was 

added between ‘‘Records’’ and 

‘‘Schedules’’ and ‘‘(see current version)’’ 

was replaced with ‘‘(consult current 

schedule)’’ for consistency. 

Section 970.0407–1–2—Access to and 

Ownership of Records. The words ‘‘the 

records do not fall within a DOE Privacy 

Act system of record and’’ were added 

to the first sentence and the Privacy Act 

was added to the list of requirements to 

ensure contracting officers do not agree 

to contractor ownership of Privacy Act 

system of records that are generated 

during the performance of the contract. 

In accordance with 48 CFR 52.224–2(b), 

contractors and their employees are 

considered employees of DOE for 

purposes of the Privacy Act during the 

performance of the contract. 

Section 970.0407–1–3—Contract 

clause. The prescription of the Access to 

and Ownership of Records clause has 

been expanded to require inclusion, in 

addition to M&O contracts, in contracts 

that contain the Integration of 

Environment, Safety, and Health into 


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Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56283 

Work Planning and Execution clause at 

48 CFR 952.223–71 or 48 CFR 

970.5223–1, or the Radiation Protection 

and Nuclear Criticality clause at 48 CFR 

952.223–72. This change is made to 

ensure that the Access to and 

Ownership of Records clause is 

included consistently in all applicable 

contracts based on the type of work 

being performed (e.g., work that exposes 

personnel to hazardous material, 

radiation or long-term health issues), in 

addition to M&O contracts. The change 

is also to meet the requirements of 36 

CFR 1222.32(a)(1) requirements that 

requires Agencies to specify 

Government ownership and delivery of 

records into contracts to ensure 

contractors performing Federal 

government agency functions create and 

maintain records that document these 

activities. 

Section 970.5204–3(a)—Governmentowned records. Language pertaining to 

records turnover was relocated from 48 

CFR 970.5204–3(a) to 970.5204–3(c) and 

970.5204–3(a) was expanded to include 

the requirements of 36 CFR, Chapter 

XII,—Subchapter B, ‘‘Records 

Management’’ and FAR 52.224–2 

‘‘Privacy Act.’’ 

Section 970.5024–3(b). The words 

‘‘excluding records operated and 

maintained in DOE Privacy Act system 

of record’’ were added to the last 

sentence in brackets. 

Section 970.5204–3(b)(1)—Contractorowned records. The words ‘‘operated 

and maintained by the Contractor’’ were 

added to replace ‘‘described by the 

contract as being maintained.’’ 

Section 970.5204–3(b) (2). The words 

‘‘internal corporate governance records’’ 

were added to the list of confidential 

contractor financial information to make 

it clear that these types of records are 

contractor-owned records. Internal 

corporate governance records may 

include processes and policies affecting 

the way the corporate office is directed, 

administered or controlled. 

Section 970.5204–3(c)—Contract 

completion or termination. Language 

was added to clarify the disposition of 

both Government-owned and 

contractor-owned records at contract 

completion or termination. An option 

was added to allow contractors to 

deliver ‘‘original’’ contractor-owned 

records to the Government in lieu of 

copying these records with assurance 

that the contractor will have rights to 

access and copy the records as needed. 

Section 970.5204–3(e)—Applicability. 

DOE modified the applicability of the 

Access to and Ownership of Records 

clause to make it clear that records 

created, received, and maintained by the 

contractor, whether they be 

Government-owned or contractorowned, includes all records in the 

possession of the contractor regardless 

of the date of origin and includes those 

records acquired from a predecessor 

contractor. 

Section 970.5204–3(f)—Records 

retention standards. The title of this 

section has been modified to read 

‘‘Records maintenance and retention’’ 

and the section has been expanded to 

specify the contractor’s records 

management responsibilities for the 

creation, maintenance, and disposition 

of records in accordance with applicable 

Federal laws, regulations and DOE 

Directives. The revisions provide clear 

direction to the contractor and 

subcontractor on their records 

management responsibilities, 

particularly the maintenance, 

disposition and ownership of records. 

The language was also revised to clearly 

link retention of records to the NARAapproved DOE Records Disposition 

Schedules. DOE removed language that 

previously singled out individual 

radiation exposure records because 

these records shall be operated and 

maintained by the contractor as 

Government-owned DOE Privacy Act 

SOR. The last sentence was also 

modified to clarify when application of 

the NARA-approved record schedules 

may be waived. 

Section 970.5204–3(g)—Subcontracts. 

This paragraph is revised to eliminate 

the $2 million dollar threshold 

requirement for flow down of the Access 

to and Ownership of Records clause 

because applicability of the clause is 

more appropriately determined by the 

nature of the work rather than cost of 

the contract (i.e., subcontracts in which 

contract performance exposes personnel 

to hazardous material, radiation, or 

long-term health issues). The paragraph 

was also expanded to require inclusion 

in subcontracts containing the 

Integration of Environment, Safety and 

Health into work Planning and 

Execution clause at 48 CFR 952.223–71 

or the Radiation Protection and Nuclear 

Criticality clause at 48 CFR 952.223–72, 

consistent with the prescription for 

prime contracts in 48 CFR 970.0407–1– 

3, and the contractor records retention 

applicability in 48 CFR 904.702. This 

paragraph was also modified to include 

flow down of the Privacy Act clause 

into subcontracts. 

IV. Procedural Requirements 

A. Review Under Executive Orders 

12866 and 13563 

Today’s regulatory action has been 

determined not to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, Regulatory Planning and 

Review, 58 FR 51735, September 30, 

1993. Accordingly, this rule is not 

subject to review under the Executive 

Order by the Office of Information and 

Regulatory Affairs (OIRA) within the 

Office of Management and Budget 

(OMB). 

DOE has also reviewed this regulation 

pursuant to Executive Order 13563, 

issued on January 18, 2011 (76 FR 3281 

(Jan. 21, 2011)). Executive Order 13563 

is supplemental to and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, agencies 

are required by Executive Order 13563 

to: (1) Propose or adopt a regulation 

only upon a reasoned determination 

that its benefits justify its costs 

(recognizing that some benefits and 

costs are difficult to quantify); (2) tailor 

regulations to impose the least burden 

on society, consistent with obtaining 

regulatory objectives, taking into 

account, among other things, and to the 

extent practicable, the costs of 

cumulative regulations; (3) select, in 

choosing among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. 

DOE emphasizes as well that 

Executive Order 13563 requires agencies 

to use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs has 

emphasized that such techniques may 

include identifying changing future 

compliance costs that might result from 

technological innovation or anticipated 

behavioral changes. DOE believes that 

today’s final rule is consistent with 

these principles, including the 

requirement that, to the extent 

permitted by law, agencies adopt a 

regulation only upon a reasoned 

determination that its benefits justify its 

costs and, in choosing among alternative 

regulatory approaches, those approaches 

maximize net benefits. 


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56284 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 

B. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, Section 3(a) of 

Executive Order 12988, Civil Justice 

Reform, 61 FR 4729 (February 5, 1996), 

imposes on executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. With regard to 

the review required by Section 3(a), 

Section 3(b) of Executive Order 12988 

specifically requires that executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or that 

it is unreasonable to meet one or more 

of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law; this final 

rule meets the relevant standards of 

Executive Order 12988. 

C. Review Under the Regulatory 

Flexibility Act 

This final rule has been reviewed 

under the Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., which requires 

preparation of an initial regulatory 

flexibility analysis for any rule that 

must be proposed for public comment 

and is likely to have a significant 

economic impact on a substantial 

number of small entities. DOE 

recognizes that a burden may be placed 

on small businesses performing these 

applicable work scopes, but it is a 

burden that is imposed under existing 

regulations (Subchapter B of 36 CFR, 

Chapter 12), not by revisions to these 

clauses. 

Accordingly, DOE certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities, and, therefore, 

no regulatory flexibility analysis has 

been prepared. 

D. Review Under the Paperwork 

Reduction Act 

This rule does not impose any new 

information collection or recordkeeping 

requirements. Existing information 

collections imposed by the Department 

of Energy Acquisition Regulation are 

covered by OMB Control Number 1910– 

4100. Public reporting burden for these 

collections is estimated to average 119 

hours per response, including the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Send comments 

regarding this burden estimate, or any 

other aspect of this data collection, 

including suggestions for reducing 

the burden, to 

Chad_S._Whiteman@omb.eop.gov. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

E. Review Under the National 

Environmental Policy Act 

DOE has concluded that this final rule 

falls into a class of actions which would 

not individually or cumulatively have 

significant impact on the human 

environment, as determined by DOE’s 

regulations (10 CFR Part 1021, Subpart 

D) implementing the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.). 

Specifically, this rule is categorically 

excluded from NEPA review because 

the amendments to the DEAR are 

strictly procedural (categorical 

exclusion A6). Therefore, this rule does 

not require an environmental impact 

statement or environmental assessment 

pursuant to NEPA. 

F. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

(64 FR 43255, August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined 

today’s rule and has determined that it 

does not preempt State law and would 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA; Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

proposed regulatory actions likely to 

result in a rule that may cause 

expenditures by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish estimates of 

the resulting costs, benefits, and other 

effects on the national economy. (2 

U.S.C. 1532(a), (b).) UMRA also requires 

Federal agencies to develop an effective 

process to permit timely input by 

elected officers of State, local, and 

Tribal governments on a proposed 

‘‘significant intergovernmental 

mandate.’’ In addition, UMRA requires 

an agency plan for giving notice and 

opportunity for timely input to small 

governments that may be affected before 

establishing a requirement that might 

significantly or uniquely affect them. On 

March 18, 1997, DOE published a 

statement of policy on its process for 

intergovernmental consultation under 

UMRA. (62 FR 12820). Today’s rule 

contains neither an intergovernmental 

mandate, nor a mandate that may result 

in the expenditure of $100 million or 

more in any year, therefore these 

requirements do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277), requires 

federal agencies to issue a Family 

Policymaking Assessment for any rule 

or policy that may affect family wellbeing. This rule will have no impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 13211 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), requires federal agencies to 

prepare and submit to the OIRA, OMB, 

a Statement of Energy Effects for any 


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Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 56285 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgates or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy, or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use in 

the aggregate, or to the private sector, 

other than to the extent such actions 

merely incorporate requirements 

specifically set forth in a statute. 

DOE has determined that the rule 

published today does not have a 

significant adverse effect on the supply, 

distribution, or use of energy and is 

therefore not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001, 

44 U.S.C. 3516, note, provides for 

agencies to review most disseminations 

of information to the public under 

implementing guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s final rule under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Congressional Notification 

As required by 5 U.S.C. 801, the 

Department will submit to Congress a 

report regarding the issuance of today’s 

final rule prior to the effective date set 

forth at the outset of this rule. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

L. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved publication of this final 

rule. 

List of Subjects in 48 CFR Parts 904, 

952 and 970 

Government procurement. 

Issued in Washington, DC, on September 

10, 2014. 

Paul Bosco, 

Director, Office of Acquisition and Project 

Management, Department of Energy. 

Joseph Waddell, 

Deputy Associate Administrator, Acquisition 

and Project Management, National Nuclear 

Security Administration. 

For the reasons set out in the 

preamble, DOE amends Chapter 9 of 

Title 48 of the Code of Federal 

Regulations as set forth below: 

PART 904—ADMINISTRATIVE 

MATTERS 

■ 1. The authority citation for part 904 

continues to read as follows: 

Authority: 42 U.S.C. 7101, et seq. and 50 

U.S.C. 2401, et seq. 

■ 2. Section 904.702 is revised to read 

as follows: 

904.702 Applicability. 

(b) Contracts containing the 

Integration of Environment, Safety and 

Health into Work Planning and 

Execution clause at 970.5223–1, as 

prescribed by 952.223–71, or the 

Radiation Protection and Nuclear 

Criticality clause at 952.223–72 must 

also include the Preservation of 

Individual Occupational Radiation 

Exposure Records clause at 952.223–75, 

and the Access to and Ownership of 

Records clause at 970.5204–3, which 

will necessitate retention of records in 

accordance with the National Archives 

and Records Administration (NARA)- 

approved DOE Records Disposition 

Schedules, rather than those found at 

FAR Subpart 4.7. 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 952 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 

et seq. 

■ 4. In section 952.223–75, the clause 

text is revised to read as follows: 

952.223–75 Preservation of individual 

occupational radiation exposure records. 

* * * * * 

Individual occupational radiation 

exposure records generated in the 

performance of work under this contract 

shall be generated and maintained by 

the contractor in accordance with 36 

CFR Chapter XII, Subchapter B, 

‘‘Records Management,’’ the National 

Archives and Records Administration 

(NARA)-approved DOE Records 

Disposition Schedules, and shall be 

operated as a DOE Privacy Act system 

of records, in accordance with the 

Privacy Act. 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

■ 5. The authority citation for part 970 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101, et. seq.; 50 U.S.C. 

2401, et seq. 

■ 6. Revise section 970.0407–1–1 to 

read as follows: 

970.0407–1–1 Alternate retention 

schedules. 

Records produced under the 

Department’s contracts involving 

management and operation 

responsibilities relative to DOE-owned 

or -leased facilities are to be retained 

and disposed of in accordance with the 

requirements contained in 36 CFR 

Chapter XII, Subchapter B, ‘‘Records 

Management’’ and National Archives 

and Records Administration (NARA)- 

approved DOE Records Disposition 

Schedules (consult current schedule), 

rather than those set forth at 48 CFR 

subpart 4.7, Contractor Records 

Retention. 

970.0407–1–2 [Amended] 

■ 7. Section 970.0407–1–2 is amended 

by adding in the first sentence the 

words ‘‘the records do not fall within a 

DOE Privacy Act system of record and’’ 

after ‘‘provided’’ and adding in the last 

sentence the words ‘‘the Privacy Act’’ 

before ‘‘requirements.’’ 

■ 8. Revise section 970.0407–1–3 to 

read as follows: 

970.0407–1–3 Contract clause. 

The contracting officer shall insert the 

clause at 48 CFR 970.5204–3, Access to 

and Ownership of Records, in 

management and operating contracts 

and other contracts and resulting 

subcontracts that contain the clause at 

48 CFR 970.5223–1, Integration of 

Environment, Safety, and Health into 

Work Planning and Execution clause, or 

the clause at 48 CFR 952.223–72, 

Radiation Protection and Nuclear 

Criticality. 

■ 9. Amend section 970.5204–3 by: 

■ a. Revising the clause date; and 

■ b. Revising paragraphs (a), (b), (c), (e), 

(f) and (g); 

The revisions read as follows: 

970.5204–3 Access to and ownership of 

records. 

* * * * * 


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56286 Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Rules and Regulations 

ACCESS TO AND OWNERSHIP OF 

RECORDS 

[October 2014] 

(a) Government-owned records. Except as 

provided in paragraph (b) of this clause, all 

records acquired or generated by the 

contractor in its performance of this contract, 

including records series described within the 

contract as Privacy Act systems of records, 

shall be the property of the Government and 

shall be maintained in accordance with 36 

CFR, Chapter XII, Subchapter B, ‘‘Records 

Management.’’ The contractor shall ensure 

records classified as Privacy Act system of 

records are maintained in accordance with 

FAR 52.224.2 ‘‘Privacy Act.’’ 

(b) Contractor-owned records. The 

following records are considered the property 

of the contractor and are not within the scope 

of paragraph (a) of this clause. [The 

contracting officer shall identify which of the 

following categories of records will be 

included in the clause, excluding records 

operated and maintained in DOE Privacy Act 

system of records]. 

(1) Employment-related records (such as 

worker’s compensation files; employee 

relations records, records on salary and 

employee benefits; drug testing records, labor 

negotiation records; records on ethics, 

employee concerns; records generated during 

the course of responding to allegations of 

research misconduct; records generated 

during other employee related investigations 

conducted under an expectation of 

confidentiality; employee assistance program 

records; and personnel and medical/healthrelated records and similar files), and nonemployee patient medical/health-related 

records, excluding records operated and 

maintained by the Contractor in Privacy Act 

system of records. Employee-related systems 

of record may include, but are not limited to: 

Employee Relations Records (DOE–3), 

Personnel Records of Former Contractor 

Employees (DOE–5), Payroll and Leave 

Records (DOE–13), Report of Compensation 

(DOE–14), Personnel Medical Records (DOE– 

33), Employee Assistance Program (EAP) 

Records (DOE–34) and Personnel Radiation 

Exposure Records (DOE–35). 

(2) Confidential contractor financial 

information, internal corporate governance 

records and correspondence between the 

contractor and other segments of the 

contractor located away from the DOE facility 

(i.e., the contractor’s corporate headquarters); 

(3) Records relating to any procurement 

action by the contractor, except for records 

that under 48 CFR 970.5232–3 are described 

as the property of the Government; and 

(4) Legal records, including legal opinions, 

litigation files, and documents covered by the 

attorney-client and attorney work product 

privileges; and 

(5) The following categories of records 

maintained pursuant to the technology 

transfer clause of this contract: 

(i) Executed license agreements, including 

exhibits or appendices containing 

information on royalties, royalty rates, other 

financial information, or commercialization 

plans, and all related documents, notes and 

correspondence. 

(ii) The contractor’s protected Cooperative 

Research and Development Agreement 

(CRADA) information and appendices to a 

CRADA that contain licensing terms and 

conditions, or royalty or royalty rate 

information. 

(iii) Patent, copyright, mask work, and 

trademark application files and related 

contractor invention disclosures, documents 

and correspondence, where the contractor 

has elected rights or has permission to assert 

rights and has not relinquished such rights or 

turned such rights over to the Government. 

(c) Contract completion or termination. 

Upon contract completion or termination, the 

contractor shall ensure final disposition of all 

Government-owned records to a Federal 

Record Center, the National Archives and 

Records Administration, to a successor 

contractor, its designee, or other destinations, 

as directed by the Contracting Officer. Upon 

the request of the Government, the contractor 

shall provide either the original contractorowned records or copies of the records 

identified in paragraph (b) of this clause, to 

DOE or its designees, including successor 

contractors. Upon delivery, title to such 

records shall vest in DOE or its designees, 

and such records shall be protected in 

accordance with applicable federal laws 

(including the Privacy Act) as appropriate. If 

the contractor chooses to provide its original 

contractor-owned records to the Government 

or its designee, the contractor shall retain 

future rights to access and copy such records 

as needed. 

* * * * * 

(e) Applicability. This clause applies to all 

records created, received and maintained by 

the contractor without regard to the date or 

origination of such records including all 

records acquired from a predecessor 

contractor. 

(f) Records maintenance and retention. 

Contractor shall create, maintain, safeguard, 

and disposition records in accordance with 

36 CFR Chapter XII, Subchapter B, ‘‘Records 

Management’’ and the National Archives and 

Records Administration (NARA)-approved 

Records Disposition Schedules. Records 

retention standards are applicable for all 

classes of records, whether or not the records 

are owned by the Government or the 

contractor. The Government may waive 

application of the NARA-approved Records 

Disposition Schedules, if, upon termination 

or completion of the contract, the 

Government exercises its right under 

paragraph (c) of this clause to obtain copies 

of records described in paragraph (b) and 

delivery of records described in paragraph (a) 

of this clause. 

(g) Subcontracts. The contractor shall 

include the requirements of this clause in all 

subcontracts that contain the Integration of 

Environment, Safety and Health into Work 

Planning and Execution clause at 952.223–71 

or, the Radiation Protection and Nuclear 

Criticality clause at 952.223–72. 

(End of Clause) 

[FR Doc. 2014–22283 Filed 9–18–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130925836–4174–02] 

RIN 0648–XD509 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

620 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2014 total 

allowable catch of pollock for Statistical 

Area 620 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 16, 2014, 

through 1200 hrs, A.l.t., October 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The C season allowance of the 2014 

total allowable catch (TAC) of pollock in 

Statistical Area 620 of the GOA is 

12,448 metric tons (mt) as established 

by the final 2014 and 2015 harvest 

specifications for groundfish of the GOA 

(79 FR 12890, March 6, 2014). In 

accordance with § 679.20(a)(5)(iv)(B), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

decreases the C season pollock 

allowance by 1,924 mt to reflect the 

total overharvest of the B season 

allowance in Statistical Area 620. 

Therefore, the revised C season 

allowance of the pollock TAC in 

Statistical Area 620 is 10,524 mt (12,448 

mt minus 1,924 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2014 TAC of pollock in Statistical 


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