```

[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Proposed Rules]               
[Page 33752-33757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn10-34]                         

=======================================================================
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DEPARTMENT OF ENERGY

48 CFR Parts 919, 922, 923, 924, 925, 926, and 952

RIN 1991-AB87

 
Acquisition Regulation: Socioeconomic Programs

AGENCY: Department of Energy.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) is proposing to amend the 
Department of Energy Acquisition Regulation (DEAR) Socioeconomic 
Programs to make changes to conform to the FAR, remove out-of-date 
coverage, and to update references. Today's proposed rule does not 
alter substantive rights or obligations under current law.

DATES: Written comments on the proposed rulemaking must be received on 
or before close of business July 15, 2010.

ADDRESSES: This proposed rule is available online at www.regulation.gov 
and you may submit comments, identified by DEAR: Subchapter D and RIN 
1991-AB87, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail to: DEARrulemaking@hq.doe.gov. Include DEAR: 
Subchapter D and RIN 1991-AB87 in the subject line of the message.
     Mail to: U.S. Department of Energy, Office of Procurement 
and Assistance Management, MA-611, 1000 Independence Avenue, SW.,

[[Page 33753]]

Washington, DC 20585. Comments by e-mail are encouraged.

FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by 
e-mail barbara.binney@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 
I. Background
II. Section-by-Section Analysis
III. 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. Approval by the Office of the Secretary of Energy

I. Background

    The objective of this action is to update the existing Department 
of Energy Acquisition Regulation (DEAR) Subchapter D which has sections 
that need to be updated to conform to the Federal Acquisition 
Regulation (FAR). None of these changes are substantive or of a nature 
to cause any significant expense for DOE or its contractors. Changes 
are proposed to DEAR parts 919, 922, 923, 925, 926, and 952. A new part 
924 is added to the DEAR. There are no DEAR parts 920 or 921. DEAR 
parts 919 and 926 will have another proposed rule to cover additional 
changes.

II. Section-by-Section Analysis

    DOE proposes to amend the DEAR as follows:
    1. Section 919.201 is amended by removing ``DOE'' in the first 
sentence of paragraph (c) and adding in its place ``Department of 
Energy (DOE)''.
    2. A new section 919.502 is added and the title of section 919.502-
2 is revised to ``Total small business set-asides'' to conform to the 
FAR.
    3. Section 919.503 is amended by revising the heading to ``Setting 
aside a class of acquisitions for small business'' and by removing 
``SBA'' and adding in its place ``Small Business Administration (SBA)'' 
in the first sentence.
    4. Section 919.7 is amended by revising the title heading to read 
``The Small Business Subcontracting Program'' to conform to the FAR.
    5. Sections 919.7007, 919.7009, 919.7010, and 919.7011 are amended 
by revising the punctuation in the introductory text to remove the 
``.'' and adding in its place ``--''.
    6. Subpart 922.6 is removed and reserved. This subpart implemented 
detailed instructions on protests of eligibility determinations (FAR 
22.608) that were deleted from the FAR on December 20, 1996, 61 FR 
67410.
    7. Subpart 923.4 is removed in its entirety, including section 
923.405, and reserved. The FAR has the current procedures, therefore a 
DOE supplement is unnecessary.
    8. Subpart 923.5 is amended by adding a new section 923.500 Scope 
of subpart. This section clarifies that for contracts performed at DOE 
sites, in lieu of FAR Subpart 23.5, contracting activities shall use 
923.570, Workplace Substance Abuse Programs at DOE Sites.
    9. Section 923.570-1 is amended by renumbering paragraph (a) and 
removing paragraph (b) in its entirety. By adding the new section 
923.500, paragraph (b) at 923.570-1 is not needed.
    10. Section 923.570-3 is amended by correcting the clause reference 
in paragraph (a) to 970.5223-4, Workplace Substance Abuse Programs at 
DOE Sites.
    11. Subpart 923.7 is removed in its entirety, including section 
923.703, and reserved. DOE Directive 430.2B implements the Executive 
Order 13149 on environmental issues.
    12. Section 923.7003 is amended by adding a new paragraph (h) to 
add a prescription on when to use the existing clauses at 952.223-75, 
Preservation of Individual Occupational Radiation Exposure Records, in 
contracts containing 952.223-71, Integration of Environment, Safety, 
and Health into Work Planning and Execution, or 952.223-72, Radiation 
Protection and Nuclear Criticality.
    13. Part 924 is a new part being added titled Part 924--Protection 
of Privacy and Freedom of Information. This new part provides the cross 
reference to DOE's regulations at 10 CFR part 1008, which implement the 
procedures prescribed at FAR 24.103.
    14. Section 925.103(b)(2)(ii) is added to prescribe the DOE 
procedures for proposed additions to the list of nonavailable items at 
FAR 25.104 list.
    15. Section 925.202 is renamed ``Exceptions'' to conform with the 
FAR.
    16. Section 925.202(b) is redesignated ``925.202(a)(2)'' and ``FAR 
25.202(a)(3)'' in the first sentence is changed to read ``48 CFR 
25.202(a)(2), if the cost of the materials is not expected to exceed 
$100,000'' to conform with the FAR and make the paragraph more concise.
    17. Subpart 925.9 is redesignated to read ``925.10'' and the title 
is amended to read ``Additional Foreign Acquisition Regulations'' to 
conform to the FAR.
    18. Section 925.901 is redesignated to read ``925.1001 Waiver of 
right to examination of records.''
    19. Section 925.901(c) is redesignated to read ``925.1001(b) 
Determination and findings.'' Additionally, the first sentence is 
revised to read ``A determination and finding required at 48 CFR 
25.1001(b) shall be forwarded to either the Director, Office of 
Contract Management, Office of Procurement and Assistance Management, 
or for the National Nuclear Security Administration (NNSA), to the 
Director, Office of Acquisition and Supply Management, for coordination 
of the Secretary's approval.''
    20. Section 926.7001 is amended by removing ``Department of 
Energy'' and adding in its place ``Department of Energy (DOE)'' in the 
first sentence in paragraph (a), changing the punctuation in paragraph 
(c) and revising paragraph (e) to read ``48 CFR subpart 15.6 and 
subpart 915.6'' to conform with the FAR.
    21. Sections 926.7005, 926.7006, and 926.7102 are amended by 
revising the punctuation.
    22. Clauses 952.223-76 and 952.223-77 are amended to update the 
references to DOE Orders and Manuals.
    23. Clauses 952.226-70 and 952.226-72 are amended by revising the 
title of the subcontracting plan to reflect the correct name, Small 
Business Subcontracting Plan.
    24. Clauses 952.226-70, 952.226-71, 952.226-72, 952.226-73 are 
amended to revise the punctuation.
    25. Throughout, sections were amended as follows: Removing ``FAR'' 
or ``DEAR'' and adding ``48 CFR''; removing ``(FAR)'', ``DEAR'', or 
``48 CFR''; revising the punctuation; and capitalizing Offeror, 
Contractor, Contractor's and Contracting Officer.

III. Procedural Requirements

A. Review Under Executive Order 12866

    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, October 4, 1993). 
Accordingly, this rule is not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) of the 
Office of Management and Budget (OMB).

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 7, 1996),

[[Page 33754]]

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; and (3) provide a clear 
legal standard for affected conduct rather than a general standard and 
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 United 
States 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, alternatively, if 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 rule meets the relevant standards of 
Executive Order 12988.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
an agency prepare an initial regulatory flexibility analysis for any 
regulation for which a general notice or proposed rulemaking is 
required, unless the agency certifies that the rule, if promulgated, 
will not have a significant economic impact on a substantial number of 
small entities (5 U.S.C. 605(b)). This rule updates references in the 
DEAR that apply to public contracts and does not impose any additional 
requirements on small businesses. Today's proposed rule does not alter 
any substantive rights or obligations. Consequently, today's proposed 
rule will not have a significant cost or administrative impact on 
contractors, including small entities. On the basis of the foregoing, 
DOE certifies that this proposed rule would not have a significant 
economic impact on a substantial number of small entities. Accordingly, 
DOE has not prepared a regulatory flexibility analysis for this 
rulemaking. DOE's certification and supporting statement of factual 
basis will be provided to the Chief Counsel for Advocacy of the Small 
Business Administration pursuant to 5 U.S.C. 605(b).

D. Review Under the Paperwork Reduction Act

    This proposed rule does not impose a collection of information 
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Existing burdens associated with the collection of certain 
contractor data under the DEAR have been cleared under OMB control 
number 1910-4100.

E. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this proposed 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 proposed rule is categorically excluded from 
NEPA review because the amendments to the DEAR are strictly procedural 
(categorical exclusion A6). Therefore, this proposed rule does not 
require an environmental impact statement or environmental assessment 
pursuant to NEPA.

F. Review Under Executive Order 13132

    Executive Order 13132, 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. The Executive Order requires agencies to 
have an accountability process to ensure meaningful and timely input by 
state and local officials in the development of regulatory policies 
that have federalism implications. On March 14, 2000, DOE published a 
statement of policy describing the intergovernmental consultation 
process it will follow in the development of such regulations (65 FR 
13735). DOE has examined the proposed rule and has determined that it 
does not preempt State law and does 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

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104[boxh]4) 
generally requires a Federal agency to perform a written assessment of 
costs and benefits of any rule imposing a Federal mandate with costs to 
State, local or tribal governments, or to the private sector, of $100 
million or more. This rulemaking proposes changes that do not alter any 
substantive rights or obligations. This proposed rule does not impose 
any mandates.

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 rulemaking or policy that may affect 
family well-being. This rulemaking 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 
Office of Information and Regulatory Affairs of the Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
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; (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 proposed 
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. 
Today's proposed rule is not a significant energy action. Accordingly, 
DOE has not prepared a Statement of Energy Effects.

[[Page 33755]]

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 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 the 
proposed rule under the OMB and DOE guidelines and has concluded that 
it is consistent with applicable policies in those guidelines.

K. Approval by the Office of the Secretary of Energy

    Issuance of this proposed rule has been approved by the Office of 
the Secretary.

List of Subjects in 48 CFR Parts 919, 922, 923, 924, 925, 926, and 
952

    Government procurement.

    Issued in Washington, DC, on May 19, 2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and Assistance Management, 
Department of Energy.
Joseph F. Waddell,
Acting Director, Office of Acquisition and Supply Management, National 
Nuclear Security Administration.

    For the reasons set out in the preamble, the Department of Energy 
is proposing to amend Chapter 9 of Title 48 of the Code of Federal 
Regulations as set forth below.
    1. The authority citation for parts 919 and 926 is revised to read 
as follows:

    Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

PART 919--SMALL BUSINESS PROGRAMS

Sec.  919.201  [Amended]

    2. Section 919.201 is amended by removing ``DOE'' and adding in its 
place ``Department of Energy (DOE)'' in the first sentence in paragraph 
(c).
    2a. New section 919.502 is added to part 919 to read as follows:

Sec.  919.502  Setting aside acquisitions.

    3. Section 919.502-2 heading is revised to read:

Sec.  919.502-2  Total small business set-asides.

* * * * *
    4. Section 919.503 is amended by revising the heading as set forth 
below and by removing ``SBA'' and adding in its place ``Small Business 
Administration (SBA)'' in the first sentence.

Sec.  919.503  Setting aside a class of acquisitions for small 
business.

* * * * *

Subpart 919.7--The Small Business Subcontracting Program

    5. Subpart 919.7 heading is revised to read as set forth above.

Sec.  919.7007  [Amended]

    6. Section 919.7007 is amended by removing the ``:'' in paragraph 
(a) introductory text and adding in its place ``--''.

Sec.  919.7009  [Amended]

    7. Section 919.7009 is amended by removing the ``.'' in the 
introductory text and adding in its place ``--''.

Sec.  919.7010  [Amended]

    8. Section 919.7010 is amended by removing the ``:'' in the 
introductory text and adding in its place ``--''.

Sec.  919.7011  [Amended]

    9. Section 919.7011 is amended by removing the ``:'' in paragraphs 
(a) introductory text and (a)(1) and adding in its place ``--''.
    10. The authority citation for parts 922, 923, and 925 continues to 
read as follows:

    Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

Subpart 922.6 [Removed and Reserved]

    11. Subpart 922.6 is removed and reserved.

PART 923--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

Subpart 923.4 [Removed and Reserved]

    12. Subpart 923.4 is removed and reserved.
    13. Add a new section 923.500 to subpart 923.5 to read as follows:

Sec.  923.500  Scope of subpart.

    For contracts performed at DOE sites, in lieu of 48 CFR subpart 
23.5, contracting activities shall use 923.570, Workplace Substance 
Abuse Programs at DOE Sites.
    14. Section 923.570-1 is revised to read as follows:

Sec.  923.570-1  Applicability.

    The policies, criteria, and procedure specified in 10 CFR part 707, 
Workplace Substance Abuse Programs at DOE Sites, apply to contracts for 
work performed at sites owned or controlled by DOE and operated under 
the authority of the Atomic Energy Act of 1954, as amended, where such 
work--
    (a) Has a value of $25,000 or more; and
    (b) Has been determined by DOE to involve--
    (1) Access to or handling of classified information or special 
nuclear materials;
    (2) High risk of danger to life, the environment, public health and 
safety or national security; or
    (3) The transportation of hazardous materials to or from a DOE 
site.
    15. Section 923.570-3 is amended by removing ``970.5223'' in 
paragraph (a) and adding in its place ``970.5223-4''.

Subpart 923.7 [Removed and Reserved]

    16. Subpart 923.7 is removed and reserved.
    17. Section 923.7003 is amended by adding a new paragraph (h) to 
read as follows:

Sec.  923.7003  Contract clauses.

* * * * *
    (h) The contracting officer shall insert the clause at 952.223-75, 
Preservation of Individual Occupational Radiation Exposure Records, in 
contracts containing 952.223-71, Integration of Environment, Safety, 
and Health into Work Planning and Execution, or 952.223-72, Radiation 
Protection and Nuclear Criticality.
    18. Add a new part 924 to Subchapter D to read as follows:

PART 924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 924.1--Protection of Individual Privacy

Sec.
924.103 Procedures.

    Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

Subpart 924.1--Protection of Individual Privacy

Sec.  924.103  Procedures.

    (b)(2) The Department of Energy rules and regulations on Privacy 
Act are implemented under 10 CFR part 1008.

[[Page 33756]]

PART 925--FOREIGN ACQUISITION

    19. Section 925.103 is amended by adding a new paragraph (b)(2)(ii) 
to read as follows:

Sec.  925.103  Exceptions.

* * * * *
    (b) (2) (ii) Proposals to add an article to the list of 
nonavailable articles at 48 CFR 25.104, with appropriate 
justifications, shall be submitted for approval by the Senior 
Procurement Executive and submission to the appropriate council.
    20. Section 925.202 is revised to read as follows:

Sec.  925.202  Exceptions.

    (a)(2) Contracting officers may make the determination required by 
48 CFR 25.202(a)(2), if the cost of the materials is not expected to 
exceed $100,000.

Subpart 925.9 [Removed and Reserved]

    21. Subpart 925.9 is removed and reserved.
    22. Add a new subpart 925.10 consisting of 925.1001 to part 925 to 
read as follows:

Subpart 925.10--Additional Foreign Acquisition Regulations

Sec.  925.1001  Waiver of right to examination of records.

    (b) Determination and findings. A determination and finding 
required by 48 CFR 25.1001(b) shall be forwarded to either the 
Director, Office of Contract Management, Office of Procurement and 
Assistance Management, or for the National Nuclear Security 
Administration (NNSA), to the Director, Office of Acquisition and 
Supply Management, for coordination of the Secretary's approval.

PART 926--OTHER SOCIOECONOMIC PROGRAMS

Sec.  926.7001  [Amended]

    23. Section 926.7001 is amended by:
    a. Removing ``Department of Energy'' and adding in its place 
``Department of Energy (DOE)'' in the first sentence in paragraph (a);
    b. Removing the ``:'' in paragraph (c) introductory text and adding 
in its place ``--''; and
    c. Removing ``(FAR) 48 CFR 15.6 and (DEAR) 48 CFR 915.6.'' in 
paragraph (e) and adding in its place ``48 CFR subpart 15.6 and subpart 
915.6.''

Sec.  926.7005  [Amended]

    24. Section 926.7005 is amended by removing the ``:'' in paragraph 
(b)(1) introductory text and adding in its place ``--''.

Sec.  926.7006  [Amended]

    25. Section 926.7006 is amended by removing the ``:'' in paragraph 
(a) introductory text and adding in its place ``--''.

Sec.  926.7102  [Amended]

    26. Section 926.7102 is amended by removing the ``,'' and adding in 
its place ``;'' at the end of paragraphs (1) and (2).

PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    27. The authority citation for part 952 continues to read as 
follows:

    Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.
    28. Section 952.223-76 clause is amended by revising the date of 
the clause and revising paragraphs (d)(1)(i), (d)(2)(i) and (d)(3)(i) 
to read as follows:

Sec.  952.223-76  Conditional payment of fee or profit--safeguarding 
restricted data and other classified information and protection of 
worker safety and health.

* * * * *

CONDITIONAL PAYMENT OF FEE OR PROFIT--SAFEGUARDING RESTRICTED DATA AND 
OTHER CLASSIFIED INFORMATION AND PROTECTION OF WORKER SAFETY AND HEALTH 
(XXX 20XX)

* * * * *
    (d) * * *
    (1) * * *
    (i) Type A accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (2) * * *
    (i) Type B accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (3) * * *
    (i) Failure to implement effective corrective actions to address 
deficiencies/non-compliance documented through external (e.g., Federal) 
oversight and/or reported per DOE Manual 231.1-2, Occurrence Reporting 
and Processing of Operations Information, or it successor, 
requirements, or internal oversight of DOE Order 470.2B, Independent 
Oversight and Performance Assurance Program, or it successor, 
requirements.
* * * * *
    29. Section 952.223-77 is amended by revising the date of the 
clause and revising paragraphs (c)(1)(i), (c)(2)(i) and (c)(3)(i) to 
read as follows:

Sec.  952.223-77  Conditional payment of fee or profit--protection of 
worker safety and health.

* * * * *

CONDITIONAL PAYMENT OF FEE OR PROFIT--PROTECTION OF WORKER SAFETY AND 
HEALTH (XXX 20XX)

* * * * *
    (c) * * *
    (1) * * *
    (i) Type A accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (2) * * *
    (i) Type B accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (3) * * *
    (i) Failure to implement effective corrective actions to address 
deficiencies/non-compliance documented through external (e.g., Federal) 
oversight and/or reported per DOE Manual 231.1-2, Occurrence Reporting 
and Processing of Operations Information, or it successor, 
requirements, or internal oversight of DOE Order 470.2B, Independent 
Oversight and Performance Assurance Program, or it successor, 
requirements.
* * * * *

Sec.  952.226-70  [Amended]

    30. Section 952.226-70 is amended by:
    a. Removing the ``:'' in paragraphs (a) introductory text and 
(a)(1) and adding in its place ``--''; and
    b. Removing ``Small, Small Disadvantaged and Women-Owned 
Subcontracting Plan'' in paragraphs (c) and (d) and adding in its place 
``Small Business Subcontracting Plan''.

Sec.  952.226-71  [Amended]

    31. Section 952.226-71 is amended by removing the ``:'' in 
paragraphs (a) introductory text and (a)(1) and adding in its place 
``--''.

Sec.  952.226-72  [Amended]

    32. Section 952.226-72 is amended by:
    a. Removing the ``:'' in paragraphs (a) introductory text and 
(a)(1) and adding in its place ``--'';
    b. Removing the ``:'' in paragraph (b) and adding in its place ``--
'';
    c. Adding ``and'' in paragraph (b)(2) after the ``;''; and
    d. Removing ``Small, Small Disadvantaged and Women-Owned 
Subcontracting Plan'' in paragraph (c)(2) and adding in its place 
``Small Business Subcontracting Plan''.

Sec.  952.226-73  [Amended]

    33. Section 952.226-73 is amended by:
    a. Removing the ``:'' in paragraph (a)(1) and adding in its place 
``--''; and

[[Page 33757]]

    b. Removing the ``,'' in paragraph (a)(1)(i) and adding in its 
place ``;''.

Sec.  952.226-74  [Amended]

    34. Section 952.226-74 is amended by removing ``48 CFR (DEAR)'' 
before ``926.7104'' in the introductory sentence.

Sec.  919.501, 919.705-6, 919.805-2, 922.103-5, 925.103, 952.219-70, 
952.225-70, 952.226-70, 952.226-72, 952.226-73, and 952.226-
74  [Amended]

    35. In the table below, for each section indicated in the left 
column, remove the word indicated in the middle column from where it 
appears in the section, and add the word in the right column:

----------------------------------------------------------------------------------------------------------------
                Section                            Remove                                Add
----------------------------------------------------------------------------------------------------------------
919.501(g).............................  ``FAR 19.501(g),''........  ``48 CFR 19.501,''.
919.705-6..............................  ``FAR''...................  ``48 CFR''.
919.805-2..............................  ``FAR''...................  ``48 CFR chapter 1''.
919.805-2..............................  ``13 CFR 124.311(e)(1)''..  ``13 CFR 124''.
922.103-5 in 3 places..................  ``FAR''...................  ``48 CFR''.
923.570-3(a)...........................  ``FAR''...................  ``48 CFR''.
925.103(a).............................  ``FAR''...................  ``48 CFR''.
952.219-70 in the provision second       ``contractor's''..........  ``Contractor's''.
 sentence.
952.225-70(b)..........................  ``contractor''............  ``Contractor''.
952.226-70(c)..........................  ``offeror''...............  ``Offeror''.
952.226-72(b)..........................  ``contractor''............  ``Contractor''.
952.226-72(c)(1).......................  ``contractor''............  ``Contractor''.
952.226-72(c)(1).......................  ``contracting officer''...  ``Contracting Officer''.
952.226-72(c)(2).......................  ``contractor's''..........  ``Contractor's''.
952.226-73(a) introductory text, and     ``offeror''...............  ``Offeror''.
 (b) in 2 places.
952.226-73(b)..........................  ``contracting officer''...  ``Contracting Officer''.
952.226-74(b) at its second occurrence.  ``contractor''............  ``Contractor''.
----------------------------------------------------------------------------------------------------------------

Sec.  919.7008, 919.7010, 919.7011, 919.7012, 922.800, 926.7006, 
926.7007, 926.7104   [Amended]

    36. In the table below, for each section indicated in the left 
column, remove the word indicated in the right column from where it 
appears in the section:

------------------------------------------------------------------------
                Section                               Remove
------------------------------------------------------------------------
919.7008...............................  ``48 CFR''.
919.7010(c) and (k)....................  ``48 CFR''.
919.7011(b)............................  ``48 CFR''.
919.7012(a)............................  ``48 CFR''.
922.800................................  ``(FAR)''.
926.7006(c)............................  ``(FAR)''.
926.7007(d)............................  ``48 CFR''.
926.7007(e)............................  ``(FAR)''.
926.7104...............................  48 CFR (DEAR)''.
------------------------------------------------------------------------

[FR Doc. 2010-14194 Filed 6-14-10; 8:45 am]
BILLING CODE 6450-01-P
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