74382 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 

technical errors in § 447.400(a) and 

§ 447.405 listed on page 66701. One 

correction ensures consistency between 

two sentences in the same paragraph 

and the other restores text inadvertently 

omitted from the final rule that had 

been included in the May 11, 2012 

notice of proposed rulemaking (77 FR 

27671) on pages 26789–90. Thus, we are 

correcting page 66701 to reflect the 

correct information. 

III. Waiver of Proposed Rulemaking 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. The 

policies expressed in final rule (77 FR 

66670) have been previously subjected 

to notice and comment procedures. This 

notice merely provides a technical 

correction to the final rule and does not 

make substantive changes to the policies 

or methodologies that were expressed in 

the final rule. One technical correction 

ensures consistency of two sentences of 

the same paragraph, and the other 

restores text that had been present in the 

notice of proposed rulemaking (77 FR 

27671) but inadvertently omitted from 

the final rule text. Therefore, we find it 

unnecessary to undertake further notice 

and comment procedures with respect 

to this correction notice and find good 

cause to waive notice and comment 

procedures and the 30-day delay in the 

effective date for this correction notice. 

IV. Correction of Errors 

In FR Doc. 2012–26507 of November 

6, 2012 (77 FR 66670), make the 

following corrections: 

1. On page 66701, in the first column; 

in the last full sentence, in the first 

partial paragraph, the sentence reads, 

‘‘A physician self-attests that he/she:’’. 

Correct the sentence to read, ‘‘Such 

physician then attests that he/she:’’. 

2. On the same page, in the same 

column; in the last full paragraph, 

paragraph (a) reads, ‘‘For CYs 2013 and 

2014, a state must pay for physician 

services described in § 447.400 based 

on:’’. Correct the sentence to read, ‘‘For 

CYs 2013 and 2014, a state must pay for 

physician services described in 

§ 447.400 based on the lower of:’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 3, 2012. 

Oliver Potts, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2012–29640 Filed 12–13–12; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 908, 945, 952, and 970 

RIN 1991–AB86 

Acquisition Regulation: Department of 

Energy Acquisition Regulation, 

Government Property 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

to conform to the Federal Acquisition 

Regulation (FAR), remove out-of date 

government property coverage, and 

update references. This rule does not 

alter substantive rights or obligations 

under current law. 

DATES: Effective Date: January 14, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Helene Abbott at (202) 287–1593 or via 

email: helene.abbott@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Comment Resolution 

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. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

DOE is amending Parts 908, Required 

Sources of Supplies and Services, 945, 

Government Property, 952, Solicitation 

Provisions and Contract Clauses, and 

970, Management and Operating 

Contracts, to remove out-of-date 

coverage, to update references and to 

conform to the FAR. 

This final rule contains several 

administrative changes that will not 

substantially change the content of the 

regulation. Changes include adding 

correct citations; correcting office 

names; updating vehicle license tag 

ordering procedures; correcting the 

excess personal property screening 

timeframe; revising the contractor’s 

reporting of sensitive item listing; and 

retaining the definition of ‘‘Capital 

Equipment’’ which was included in the 

proposed rule for deletion. After further 

analysis, it is necessary to retain the 

‘‘Capital Equipment’’ definition for the 

purpose of this rule. In addition, during 

the review of the final rule, it was 

discovered that section 952.245–5 

referenced FAR 52.245–5 which is 

‘‘Reserved’’ under the FAR rewrite. 

II. Comment Resolution. 

This final rule follows a notice of 

proposed rulemaking published in the 

Federal Register on March 4, 2011, 76 

FR 11985. There were no comments 

received as a result of that proposed 

rulemaking. 

III. Section-by-Section Analysis 

DOE is amending the DEAR as 

follows: 

1. Section 908.1102 is amended by 

redesignating paragraph (a) (4) as 

908.1102–70 Vehicle leasing to conform 

to the FAR convention, and adding the 

phrase ‘‘All subsequent lease renewals 

or extensions may be exercised only 

when General Service Administration 

(GSA) has advised that it cannot furnish 

the vehicle(s) as prescribed herein.’’ 

2. Section 908.1104(f) is amended by 

removing ‘‘Federal Property 

Management Regulation (FPMR) 41 CFR 

101–38.6.’’ and adding in its place 

‘‘Federal Management Regulation (FMR) 

41 CFR 102–34.160, 102–34.175 and 

102–34.80’’ to provide the updated 

citation. 

3. Section 908.7101–2 (a) is amended 

by removing ‘‘FPMR 41 CFR 101– 

25.304, 101–26.501, and 101–38.13 and 

DOE–PMR 41 CFR 109–25.304, 109– 

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Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 74383 

38.13, and 109–38.51’’ and adding in its 

place ‘‘Federal Property Management 

Regulations (FPMR) 41 CFR 101–26.501, 

and FMR 41 CFR 102–34, and 

Department of Energy-Property 

Management Regulations (DOE–PMR) 

41 CFR 109–26.501’’ to provide the 

updated citation. 

4. Section 908.7101–2 paragraph (b) is 

amended by removing ‘‘on GSA Form 

1781, Motor Vehicle Requisition— 

Delivery Order—Invoice,’’ and adding 

in its place ‘‘utilizing GSA’s on-line 

system (Auto Choice)’’ to update the 

procedures. 

5. Section 908.7101–3 is amended by 

removing in the second sentence ‘‘Office 

of Property Management’’ and adding in 

its place ‘‘Personal Property Policy 

Division’’ to update office name. 

Remove ‘‘those’’ in the third sentence 

and remove in the last sentence, ‘‘(See 

DOE–PMR 41 CFR 109–38.5102–4)’’ and 

add in its place 41 CFR 109–26.501–1 to 

correct grammar and to remove an outof-date citation. 

6. Section 908.7101–4 is amended in 

paragraph (a) by removing ‘‘FMPR 101– 

38.9 and DOE–PMR 41 CFR 109–38.9’’ 

and adding in its place ‘‘41 CFR 102– 

34.270’’ and 41 CFR 109–38.402 to 

update the citation. 

7. Section 908.7101–5 is amended in 

the third sentence by removing ‘‘DOE– 

PMR 41 CFR 38.5102’’ and adding in its 

place ‘‘41 CFR 109–26.501–50 and 109– 

26.501–51’’, to update the citation. 

8. Section 908.7101–6 is amended in 

paragraph (a) by removing in the second 

sentence ‘‘Office of Property 

Management’’ and replacing it with 

‘‘Personal Property Policy Division’’ to 

update office name; and remove the last 

three sentences and adding in their 

place ‘‘Such forecast shall be submitted 

to the Property Executive, or designee, 

when requested. 

9. Section 908.7101–6 is amended in 

paragraph (b) by removing ‘‘Sedans, 

station wagons, and light trucks 

requisitioned according to an approved 

forecast, but not contracted for by GSA 

until the subsequent fiscal year, will’’ 

and adding in its place ‘‘Approved 

sedans, station wagons, and light trucks 

requisitioned, but not contracted for by 

GSA until the subsequent fiscal year, 

shall’’ to update the procedures. 

10. Section 908.7101–7 is amended in 

paragraph (a) by removing ‘‘FPMR 41 

CFR 101–38.303’’ and adding in its 

place ‘‘41 CFR 102–34.140’’ to update 

the citation. 

11. Section 908.7101–7 is amended in 

paragraph (b) by removing in the second 

sentence ‘‘Assignments of specific 

‘‘blocks’’ of tag numbers and the 

maintenance of tag records are 

performed by the ‘‘Director, Office of 

Property Management,’’ within the 

Headquarters procurement organization. 

Assignments of additional ‘‘blocks’’ of 

tag numbers will be made upon receipt 

of written request from field offices’’ 

and adding in its place ‘‘Assignment of 

new tag numbers will be made by 

UNICOR via the UNICOR online vehicle 

license tag ordering data base. 

Contractors must obtain approval from 

their Federal fleet manager or OPMO for 

ordering authorization to utilize the 

UNICOR data base. Director, Personal 

Property Policy Division within the 

Headquarters procurement organization 

will maintain tag assignment records 

issued by UNICOR for new plates’’ to 

correct punctuation, update office name 

and current tag ordering procedures. 

12. Section 908.7101–7 is amended in 

paragraph (e) by removing the sentence 

and adding in its place ‘‘See 41 CFR 

109–38.202–2 and 109–38.202–3 for 

additional guidance.’’ to update the 

citation. 

13. Section 908.7102 is amended by 

removing the sentence and adding in its 

place ‘‘Acquisition of aircraft shall be in 

accordance with 41 CFR 102–33, 

subpart B and DOE Order 440.2B latest 

revision.’’ to update the citation. 

14. Section 908.7103 is amended by 

removing ‘‘41 CFR 101–25.302–3, 101– 

25.302–4, and 101–25.302–6, and 101– 

25.403, and 41 CFR 109–25.302–3 to 

delete outdated citations. 

15. Section 908.7104 is amended by 

removing ‘‘41 CFR 101–25.302–1 and 

101–25.302–8, and 41 CFR 109–25.302– 

1 to delete outdated citations. 

16. Section 908.7121 is revised to 

update the first paragraph to clarify that 

the contracting officers shall require 

authorized contractors to follow 

procedures set forth in paragraphs (a) 

through (c). 

17. Section 908.7121(b) Precious 

metals is revised to update the 

responsible office in subparagraph (1) 

and add subparagraph (2) to reference 

48 CFR 945.604–1 for contractor 

identification and reporting for 

contractor inventory containing 

precious metals or possessing precious 

metals excess. 

18. Section 908.7121(c) is amended to 

state that lithium is available from The 

National Nuclear Security 

Administration (NNSA), Y–12 National 

Security Complex in Oak Ridge, TN (Y– 

12) and that the excess quantities at Y– 

12 are to be the first source of supply. 

19. Part 945 is amended to simplify 

procedures, clarify language, and 

eliminate obsolete requirements related 

to the management and disposition of 

Government property in the possession 

of contractors to conform to 48 CFR part 

45 Government Property regulation. 

20. Section 945.000 is amended by 

lower casing the first letter of the word 

‘‘part’’; by reversing ‘‘operating and 

management’’ to read ‘‘management and 

operating’’; and by removing the second 

sentence in its entirety. 

21. Section 945.101 is amended 

adding a definition of sensitive 

property. For clarity, since the FAR 

definition of sensitive property was 

changed under FAC 2005–17 and for 

further emphasis by DOE, the FAR 

definition is incorporated by reference. 

The definition of capital equipment was 

removed in the proposed rule. However, 

after further analysis, it has been 

determined to retain the definition as it 

is necessary for the purpose of this rule. 

The definition is amended by removing 

‘‘a unit acquisition cost of $5,000’’ and 

adding ‘‘; dollar threshold for capital 

equipment is as established by the DOE 

Financial Management Handbook.’’ 

22. Section 945.102–70 is revised in 

the first paragraph, first sentence, by 

removing ‘‘Within 30 days after the end 

of each fiscal year,’’ and adding in its 

place ‘‘The Head of the Contracting 

Activity may be required to report’’ (this 

language changes what was contained in 

the proposed rule and provides clarity); 

and by removing ‘‘Director, Office of 

Property Management,’’ and adding in 

its place ‘‘Personal Property Policy 

Division’’; in paragraph (e), by removing 

‘‘dollar’’ and adding in its place 

‘‘acquisition’’; and in paragraph (e), by 

removing ‘‘as reported on last 

semiannual asset report (including date 

of report),’’. These changes correct the 

reporting process and provide the 

correct title of the receiving activity. 

Changes pertain to the Property 

Information Database System (PIDS) 

which was created by the Idaho 

National Lab and has been in use since 

the late 1990’s. The PIDS system is used 

by both DOE and Contractors alike. 

23. Subpart 945.1 is revised to add the 

new section ‘‘945.102–72 Reporting of 

contractor sensitive property inventory’’ 

to reflect the current sensitive property 

policy. To further streamline approvals 

for sensitive property list, this section 

deleted in its entirety and replace with 

the following language ‘‘The contractor 

must develop and maintain a list of 

personal property items considered 

sensitive. Sensitive Items List must be 

approved by the PA/OPMO annually.’’ 

24. Section 945.3 is amended by 

redesignating subpart 945.3 and section 

945.303–1 as section 945.170 and 

section 945.170–1, respectively and by 

reserving section 945.3 and by using 

lower case letters for ‘‘property’’ and 

‘‘contractors’’ in the section 945.170 

title, and by adding a period at the end 

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74384 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 

of ‘‘contractors’’. These changes are 

made to conform to the FAR. 

25. Subpart 945.4 is amended by 

removing and reserving this subpart in 

its entirety to conform to the FAR. 

26. Section 945.5 title is amended by 

removing ‘‘Management of Government 

Property in the Possession of 

Contractors’’ and adding in its place 

‘‘Support Government Property 

Administration’’ to conform to the FAR. 

27. Section 945.505–11 is removed in 

its entirety to conform to the FAR. 

28. Subpart 945.5 is revised by 

changing its title to ‘‘945.570 

Management of Government property in 

the possession of contractors’’ to 

conform to the FAR. 

29. Section 945.506 is removed in its 

entirety. 

30. Section 945.570–2 is redesignated 

as 945.570–1 and is amended at 

paragraph (c) the second sentence by 

removing ‘‘(GSA Form 1781)’’, and 

adding ‘‘via GSA AutoChoice’’ after 

‘‘should be processed’’. The replaced 

information updates the DEAR to 

conform to GSA’s current procedures. 

31. Redesignated 945.570–1(f) is 

amended by removing ‘‘Motor Vehicle 

Rental’’ and adding in its place ‘‘Leasing 

of Automobiles and Light Trucks’’. 

32. Section 945.570–7 is redesignated 

as 945.570–2. 

33. Section 945.570–8 is redesignated 

as 945.570–3 and is revised in section 

(a) in the first sentence, by removing 

‘‘(on or before December 1)’’. 

34. Redesignated 945.570–3(b) is 

amended after ‘‘DOE-owned’’ by adding 

‘‘, GSA leased’’; before ‘‘and/or’’ and by 

adding ‘‘electronically’’ before 

‘‘submit’’. 

35. Redesignated 945.570–3(b)(1) is 

amended by removing ‘‘DOE Report of 

Motor Vehicle Data (passenger 

vehicles)’’ and adding in its place 

‘‘Annual Motor Vehicle Fleet Report’’. 

36. Redesignated section 945.570–3(b) 

(2) is amended by removing ‘‘DOE 

Report of Truck Data’’ and adding in its 

place ‘‘Federal Fleet Report (41 CFR 

102–34.335)’’. 

37. Subpart 945.6 is amended by 

removing the subpart title ‘‘Reporting, 

Redistribution, and Disposal of 

Contractor Inventory’’ and adding in its 

place ‘‘Reporting, Reutilization, and 

Disposal’’. 

38. Subpart 945.6 is amended by 

adding a new section ‘‘945.602 

Reutilization of Government property.’’ 

945.602–3(a)(1) is amended in the 

second sentence by changing the 

screening period from 15 days to 12 

days, to conform with current 

procedures. 

39. Subpart 945.6 is amended by 

adding a new section ‘‘945.602–70 Local 

screening’’. 

40. Section 945.603 is redesignated as 

945.670, DOE disposal methods. 

41. Section 945.603–70 is amended by 

redesignating this section as ‘‘945.670– 

1’’; and removing ‘‘FAR Subpart 45.6’’ 

and adding in its place ‘‘48 CFR 45.606– 

3’’. This amendment is to conform the 

DEAR to the FAR. 

42. Section 945.603–71 is 

redesignated as ‘‘945.670–2’’; and is 

revised by adding ‘‘or its successor’’ 

after ‘‘41 CFR 109–45.50.’’ 

43. Subpart 945.6 is amended by 

adding a new section 945.603 

Abandonment, destruction or donation 

of excess personal property which refers 

to 48 CFR 945.670 for disposal methods. 

These changes are made to conform to 

the FAR and move current DEAR 

information to a new section. 

44. Subpart 945.6 is amended by 

adding a new section 945.604 Disposal 

of surplus property to conform to the 

FAR. 

45. Section 945.607–2(b) is 

redesignated as 945.604–1 Recovering 

precious metals. The office name and 

address are updated. Paragraph (d) 

references 945.670 for DOE disposal 

methods. By adding the other precious 

metals, we are aligning the DEAR to 

FAR 46.101. 

46. Section 945.608–2 is redesignated 

as ‘‘945.602–3(a)’’ and is amended by 

removing subparagraph (b)(1) in its 

entirety and adding in its place ‘‘(a) 

Standard screening. (1) Prior to 

reporting excess property to GSA, all 

reportable property, as identified in 

Federal Management Regulation 41 CFR 

102–36.220, shall be reported for 

centralized screening in the DOE Energy 

Asset Disposal System (EADS). 

Reportable excess personal property 

will be screened internally via the EADS 

system for a period of 12 days.’’ These 

changes are made to update the DEAR 

to the current on-line reporting 

timeframe. 

47. Redesignated section 945.602– 

3(a)(1)(i) [previously 945.608–2(b)(1)] is 

amended in the first sentence, by 

removing ‘‘REAPS’’ and adding in its 

place ‘‘EADS’’; in the first sentence, by 

removing ‘‘address code’’ and adding in 

its place ‘‘Activity Address Code 

(AAC)’’; by removing the second 

sentence in its entirety and adding in its 

place ‘‘The AAC will be assigned by 

DOE Headquarters upon receipt of a 

formal letter of authorization signed by 

the DOE contracting officer,’’, and by 

removing the third sentence in its 

entirety. These changes are made to 

update the current procedure. 

48. Redesignated section 945.602– 

3(a)(1)(ii) is amended by removing the 

sentence in its entirety and adding a 

new sentence to indicate that any 

changes to an Activity Address code 

shall be submitted to the Office of 

Property Management, Personal 

Property Policy Division, within the 

Headquarters procurement organization. 

49. The section designated as 

945.608–3 is removed. Section 945.602– 

70 Local screening provides the correct 

process and title for property screening 

and disposal. 

50. The section designated as 

945.608–4 is removed. 

51. Section 945.608–5 is redesignated 

as 945.602–3(b)(2) and is amended in 

the first paragraph, by adding ‘‘(b) 

Special screening requirements. (2) 

Special test equipment with commercial 

components—’’ prior to the 

redesignated text. 

52. Section 945.608–5(c) is 

redesignated as 945.602–3(b)(3). 

53. Section 945.608–6 is redesignated 

as 945.670–3; and is amended in 

paragraph (a) after requirements, by 

removing ‘‘in accordance with the 

provisions of FAR 45.608–6.’’; in both 

paragraphs, by removing ‘‘Office of 

Property Management Division’’ and 

adding in its place ‘‘Personal Property 

Policy Division’’; and in paragraph (b) 

by removing ‘‘HCA’’ and adding in its 

place ‘‘Procurement Directors’’. 

54. Section 945.610–4 is redesignated 

as 945.671; and is amended after ‘‘41 

CFR 109–43.5 and 45.51’’ by adding ‘‘or 

its successor’’, and adding 48 CFR 

45.302 to update correct FAR citation. 

55. Section 970.5244–1(k) is amended 

by removing the paragraph in its 

entirety and adding in its place 

‘‘Government Property’’. The Contractor 

shall establish and maintain a property 

management system that complies with 

criteria in 48 CFR 970.5245–1, Property, 

and 48 CFR 52.245–1, Government 

Property.’’ 

56. Section 952.245–5 is modified to 

reference FAR 52.245–1(e)(3) to update 

citation. 

57. Section 970.5244–1 (q)(13) is 

added to correct an error in the DEAR 

Final Rule [74 FR 36376–36378, dated 

July 22, 2009] which omitted ‘‘Products 

made in Federal and penal and 

correctional institutions—41 CFR 101– 

26.702.’’ 

58. Section 970.5245–1 is amended by 

removing and reserving paragraph 

(i)(1)(ii)(B). This amendment clarifies 

the contract conditions for property 

management systems approval. 

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Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 74385 

IV. Procedural Requirements 

A. Review Under Executive Orders 

12866 and 13563 

This 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 final 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). 

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. 

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. 

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), 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) 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 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, these 

regulations meet the relevant standards 

of Executive Order 12988. 

C. Review Under the Regulatory 

Flexibility Act 

This 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 which is likely to 

have a significant economic impact on 

a substantial number of small entities. 

This rule would not have a significant 

economic impact on small entities 

because it imposes no significant 

burdens. Any costs incurred by DOE 

contractors complying with the rule 

would be reimbursed under the 

contract. 

Accordingly, DOE certifies that this 

rule would not have a significant 

economic impact on a substantial 

number of small entities, and, therefore, 

no regulatory flexibility analysis is 

required and none has been prepared. 

D. Review Under the Paperwork 

Reduction Act 

This final rule contains no new 

information collection or recordkeeping 

requirements. Information collection or 

recordkeeping requirements mentioned 

in this rule relative to the collection of 

certain contractor data are the same as 

the previous rule. The clearance number 

is 1910–4100 with an expiration date of 

October 31, 2014. 

E. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of this 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 an 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. DOE has examined this 

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. 104–4) requires a 

Federal agency to perform a detailed 

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 

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74386 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 

$100 million or more in any single year. 

This rule does not impose a federal 

mandate on State, local or tribal 

governments or the private sector. 

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 rule will have 

no impact on family well-being. 

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 OIRA OMB, a 

Statement of Energy Effects for any 

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 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. 

This final rule is 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 rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

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

Department will report to Congress 

promulgation of this rule prior to its 

effective date. 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(3). 

L. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved issuance of this final rule. 

List of Subjects in 48 CFR Parts 908, 

945, 952 and 970 

Government procurement. 

Issued in Washington, DC, on October 16, 

2012. 

Paul Bosco, 

Director, Office of Acquisition and Project 

Management, Department of Energy. 

Joseph W. Waddell, 

Director, Office of Acquisition Management, 

National Nuclear Security Administration. 

For the reasons set out in the 

preamble, the Department of Energy 

(DOE) amends Chapter 9 of Title 48 of 

the Code of Federal Regulations as set 

forth below. 

PART 908—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 1. The authority citation for part 908 

continues to read as follows: 

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

U.S.C. 2401, et seq. 

■ 2. Section 908.1102 is revised to read 

as follows: 

908.1102 Presolicitation requirements. 

■ 3. Section 908.1102–70 is added to 

read as follows: 

908.1102–70 Vehicle leasing. 

(a)(4) Commercial vehicle lease 

sources may be used only when the 

General Services Administration (GSA) 

has advised that it cannot furnish the 

vehicle(s) through the Interagency 

Motor Pool System and it has been 

determined that the vehicle(s) are not 

available through the GSA Consolidated 

Leasing Program. All subsequent lease 

renewals or extensions may be exercised 

only when GSA has advised that it 

cannot furnish the vehicle(s) as 

prescribed herein. 

908.1104 [Amended] 

■ 4. Section 908.1104 is amended by 

removing ‘‘(FPMR) 41 CFR 101–38.6’’ in 

paragraph (f) and adding in its place 

‘‘Federal Management Regulation (FMR) 

41 CFR 102–34.160, 102–34.175, and 

102–34.180’’. 

■ 5. Section 908.7101–2 is amended by: 

■ a. Revising paragraph (a); and 

■ b. Removing ‘‘on GSA Form 1781, 

Motor Vehicle Requisition—Delivery 

Order—Invoice,’’ in paragraph (b), and 

adding in its place ‘‘utilizing GSA’s online system (Auto Choice)’’. 

The revision reads as follows: 

908.7101–2 Consolidated acquisition of 

new vehicles by General Services 

Administration. 

(a) New vehicles shall be procured in 

accordance with Federal Property 

Management Regulations (FPMR) 41 

CFR 101–26.501, and 41 CFR 102–1 

through 102–220, and Department of 

Energy Property Management 

Regulations (DOE–PMR) 41 CFR 109– 

26.501. Orders for all motor vehicles 

must be placed utilizing GSA’s online 

vehicle purchasing system 

(AutoChoice). 

* * * * * 

908.7101–3 [Amended] 

■ 6. Section 908.7101–3 is amended by: 

■ a. Removing in the second sentence 

‘‘Office of Property Management’’ and 

adding in its place ‘‘Personal Property 

Policy Division.’’; 

■ b. Removing ‘‘those’’ in the third 

sentence; and 

■ c. Removing ‘‘(See DOE–PMR 41 CFR 

109–38.5102–4)’’ in the last sentence 

and adding in its place ‘‘(See 41 CFR 

109–26.501–1)’’. 

908.7101–4 [Amended] 

■ 7. Section 908.7101–4 is amended by 

removing ‘‘FPMR 41 CFR 101–38.9 and 

DOE–PMR 41 CFR 109–38.9’’ in 

paragraph (a), and adding in its place 

‘‘41 CFR 102–34.270 and 109–38.402’’. 

908.7101–5 [Amended] 

■ 8. Section 908.7101–5 is amended by 

removing ‘‘DOE–PMR 41 CFR 109– 

38.5102,’’ in the third sentence and 

adding in its place ‘‘41 CFR 109– 

26.501–50 and 109–26.501–51,’’. 

908.7101–6 [Amended] 

■ 9. Section 908.7101–6 is amended by: 

■ a. Removing in paragraph (a), in the 

second sentence ‘‘Office of Property 

Management’’ and adding in its place 

‘‘Personal Property Policy Division’’; 

and 

■ b. Removing the last three sentences 

in paragraph (a), and adding one 

sentence in their place to read as set 

forth below; 

■ c. Removing ‘‘Sedans’’ and adding 

‘‘Approved sedans’’ at the beginning of 

the first sentence of paragraph (b); 

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■ d. Removing in paragraph (b) 

‘‘according to an approved forecast’’ ; 

and 

■ e. Removing in paragraph (b) ‘‘will’’ 

and adding in its place ‘‘shall’’. 

908.7101–6 Acquisition of fuel-efficient 

vehicles. 

(a) * * * Such forecast shall be 

submitted to the Property Executive, or 

designee. 

* * * * * 

■ 10. Section 908.7101–7 is amended 

by: 

■ a. Removing ‘‘FPMR 41 CFR 101– 

38.303.’’ in paragraph (a) and adding in 

its place ‘‘41 CFR 102–34.140.’’; 

■ b. Revising paragraph (b); and 

■ c. Removing ‘‘DOE–PMR 41 CFR 109– 

38.3 and 109–38.6’’ in paragraph (e) and 

adding in its place ‘‘41 CFR 109– 

38.202–2 and 109–38.202–3’’. 

The revision reads as follows: 

908.7101–7 Government license tags. 

* * * * * 

(b) The letter ‘‘E’’ has been designated 

as the prefix symbol for all DOE official 

license tags. Assignment of new tag 

numbers will be made by UNICOR via 

the UNICOR online vehicle license tag 

ordering data base. Contractors must 

obtain approval from their Federal fleet 

manager or OPMO for authorization to 

utilize the UNICOR data base. Director, 

Personal Property Policy Division, 

within the Headquarters procurement 

organization will maintain tag 

assignment records issued by UNICOR. 

* * * * * 

■ 11. Section 908.7102 is revised to read 

as follows: 

908.7102 Aircraft. 

Acquisition of aircraft shall be in 

accordance with 41 CFR 102–33, 

subpart B and DOE Order 440.2B latest 

revision. 

908.7103 [Amended] 

■ 12. Section 908.7103 is amended by 

removing ’’ 41 CFR 101–25.302–3, 101– 

25.302–4, and 101–25.302–6, and 101– 

25.403,’’, and ‘‘109–25.302–3,’’. 

908.7104 [Amended] 

■ 13. Section 908.7104 is amended by 

removing ‘‘101–25.302–1,’’, ‘‘and 101– 

25.302–8,’’ and ‘‘109–25.302–1,’’. 

■ 14. Section 908.7121 is revised to read 

as follows: 

908.7121 Special materials. 

This section covers the purchase of 

materials peculiar to the DOE program. 

While purchases of these materials may 

be unclassified, the specific quantities, 

destination or use may be classified (see 

appropriate sections of the 

Classification Guide). Contracting 

officers shall require authorized 

contractors to obtain the special 

materials identified in the following 

subsections in accordance with the 

following procedures: 

(a) Heavy water. The Senior Program 

Official or designee controls the 

acquisition and production of heavy 

water for a given program. Request for 

orders shall be placed directly with the 

cognizant Senior Program Official or 

designee. 

(b) Precious metals. (1) NNSA, Y–12 

National Security Complex in Oak 

Ridge, TN is responsible for maintaining 

the DOE supply of precious metals. 

These metals are platinum, palladium, 

iridium, osmium, rhodium, ruthenium, 

gold and silver. The NNSA Y–12 

National Security Complex has assigned 

management of these precious metals to 

its Management and Operating (M&O) 

contractor. DOE and NNSA offices and 

authorized contractors shall coordinate 

with the Y–12 M&O contractor 

regarding the availability of these metals 

prior to purchasing in the open market. 

(2) For contractor inventory 

containing precious metals or 

possessing precious metals excess, see 

945.604–1 for contractor identification 

and reporting. 

(c) Lithium. Lithium is available from 

Y–12 at no cost other than normal 

packing, handling, and shipping charges 

from Oak Ridge. The excess quantities at 

Y–12 are the first source of supply prior 

to procurement of lithium compounds 

from any other source. 

■ 15. Part 945 is revised to read as 

follows: 

PART 945—GOVERNMENT PROPERTY 

Sec. 

945.000 Scope of part. 

Subpart 945.1—General 

945.101 Definitions. 

945.102–70 Reporting of contractor-held 

property. 

945.102–71 Maintenance of records. 

945.102–72 Reporting of contractor 

sensitive property inventory. 

945.170 Providing Government property to 

contractors. 

945.170–1 Policy. 

Subpart 945.3—[Reserved] 

Subpart 945.4—[Reserved] 

Subpart 945.5—Support Government 

Property Administration 

945.570 Management of Government 

property in the possession of contractors. 

945.570–1 Acquisition of motor vehicles. 

945.570–2 Disposition of motor vehicles. 

945.570–3 Reporting motor vehicle data. 

Subpart 945.6—Reporting, Reutilization, 

and Disposal 

945.602 Reutilization of Government 

property. 

945.602–3 Screening. 

945.602–70 Local screening. 

945.603 Abandonment, destruction or 

donation of excess personal property. 

945.604 Disposal of surplus property. 

945.604–1 Disposal methods. 

945.670 DOE disposal methods. 

945.670–1 Plant clearance function. 

945.670–2 Disposal of radioactively 

contaminated personal property. 

945.670–3 Waiver of screening 

requirements. 

945.671 Contractor inventory in foreign 

countries. 

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

U.S.C. 2401, et seq. 

945.000 Scope of part. 

This part and 48 CFR part 45 are not 

applicable to the management of 

property by management and operating 

contractors, unless otherwise stated. 

Subpart 945.1—General 

945.101 Definitions. 

Capital equipment, as used in this 

part, means personal property items 

having anticipated service life in excess 

of two years, regardless of type of 

funding, and having the potential for 

maintaining their integrity as capital 

items, i.e., not expendable due to use; 

dollar threshold for capital equipment is 

as established by the DOE Financial 

Management Handbook. 

Personal property, as used in this 

part, means property of any kind or 

interest therein, except real property, 

records of the Federal Government, and 

nuclear and special source materials, 

atomic weapons, and by-product 

materials. 

Sensitive property, as used in this 

part, has the meaning contained in 48 

CFR 45.101. 

945.102–70 Reporting of contractor-held 

property. 

The Head of the Contracting Activity 

may be required to report the following 

information to the Personal Property 

Policy Division, within the 

Headquarters procurement organization: 

(a) Name and address of each 

contractor with DOE personal property 

in their possession, or in the possession 

of their subcontractors (do not include 

grantees, cooperative agreements, 

interagency agreements, or agreements 

with state or local governments). 

(b) Contract number of each DOE 

contract with Government personal 

property. 

(c) Date contractor’s property 

management system was approved and 

by whom (DOE office, Defense Contract 

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Management Command, or the Office of 

Naval Research). 

(d) Date of most current appraisal of 

contractor’s property management 

system, who conducted the appraisal, 

and status of the system (satisfactory or 

unsatisfactory). 

(e) Total acquisition value of DOE 

personal property for each DOE contract 

administered by the contracting activity. 

945.102–71 Maintenance of records. 

The contracting activity shall 

maintain records of approvals and 

reviews of contractors’ property 

management systems, the dollar value of 

DOE property as reported on the most 

recent semiannual financial report, and 

records on property administration 

delegations to other Government 

agencies. 

945.102–72 Reporting of contractor 

sensitive property inventory. 

The contractor must develop and 

maintain a list of personal property 

items considered sensitive. Sensitive 

Items List must be approved by the PA/ 

OPMO annually. 

945.170 Providing Government property to 

contractors. 

945.170–1 Policy. 

The DOE has established specific 

policies concerning special nuclear 

material requirements needed under 

DOE contracts for fabricating end items 

using special nuclear material, and for 

conversion or scrap recovery of special 

nuclear material. Special nuclear 

material means uranium enriched in the 

isotopes U233 or U235, and/or 

plutonium, other than PU238. The 

policies to be followed are: 

(a) Special nuclear material will be 

furnished by the DOE for fixed-price 

contracts and subcontracts, at any tier, 

which call for the production of special 

nuclear products, including fabrication 

and conversion, for Government use. 

(The contractor or subcontractor must 

have the appropriate license or licenses 

to receive the special nuclear material. 

The Nuclear Regulatory Commission is 

the licensing agency.) 

(b) Contracts and subcontracts for 

fabrication of end items using special 

nuclear material generally shall be of 

the fixed-price type. Cost-type contracts 

or subcontracts for fabrication shall be 

used only with the approval of the Head 

of the Contracting Activity. This 

approval authority shall not be further 

delegated. 

(c) Contracts and subcontracts for 

conversion or scrap recovery of special 

nuclear material shall be of a fixed-price 

type, except as otherwise approved by 

the Head of the Contracting Activity. 

Subpart 945.3—[Reserved] 

Subpart 945.4—[Reserved] 

Subpart 945.5—Support Government 

Property Administration 

945.570 Management of Government 

property in the possession of contractors. 

945.570–1 Acquisition of motor vehicles. 

(a) GSA Interagency Fleet 

Management System (GSA–IFMS) is the 

first source of supply for providing 

motor vehicles to contractors; however, 

contracting officer approval is required 

for contractors to utilize this service. 

(b) Prior approval of GSA must be 

obtained before— 

(1) Fixed-price contractors can use the 

GSA–IFMS; 

(2) DOE-owned motor vehicles can be 

furnished to any contractor in an area 

served by GSA–IFMS; and 

(3) A contractor can commercially 

lease a motor vehicle for more than 60 

days after GSA has determined that it 

cannot provide the required vehicle. 

(c) GSA has the responsibility for 

acquisition of motor vehicles for 

Government agencies. All requisitions 

shall be processed via GSA AutoChoice 

in accordance with 41 CFR 101–26.501. 

(d) Contractors shall submit all motor 

vehicle requirements to the contracting 

officer for approval. 

(e) The acquisition of sedans and 

station wagons is limited to small, 

subcompact, and compact vehicles 

which meet Government fuel economy 

standards. The acquisition of light 

trucks is limited to those vehicles which 

meet the current fuel economy 

standards set by Executive Orders 12003 

and 12375. 

(f) Cost reimbursement contractors 

may be authorized by the contracting 

officer to utilize GSA Federal Supply 

Schedule 751, Leasing of Automobiles 

and Light Trucks, for short term rentals 

not to exceed 60 days, and are required 

to utilize available GSA consolidated 

leasing programs for long term (60 

continuous days or longer) commercial 

leasing of passenger vehicles and light 

trucks. 

(g) The Personal Property Policy 

Division, within the Headquarters 

procurement organization shall certify 

all requisitions prior to submittal to 

GSA for the following: 

(1) The acquisition of sedans and 

station wagons. 

(2) The lease (60 continuous days or 

longer) of any passenger automobile. 

(3) The acquisition or lease (60 

continuous days or longer) of light 

trucks less than 8,500 GVWR. 

(h) Purchase requisitions for other 

motor vehicles may be submitted 

directly to GSA when approved by the 

contracting officer. 

(i) Contractors shall thoroughly 

examine motor vehicles acquired under 

a GSA contract for defects. Any defect 

shall be reported promptly to GSA, and 

repairs shall be made under terms of the 

warranty. 

945.570–2 Disposition of motor vehicles. 

(a) The contractor shall dispose of 

DOE-owned motor vehicles as directed 

by the contracting officer. 

(b) DOE-owned motor vehicles may be 

disposed of as exchange/sale items 

when directed by the contracting officer; 

however, a designated DOE official must 

execute the Title Transfer forms (SF– 

97). 

945.570–3 Reporting motor vehicle data. 

(a) Contractors conducting motor 

vehicle operations shall forward 

annually to the contracting officer their 

plan for acquisition of motor vehicles 

for the next fiscal year for review, 

approval and submittal to DOE 

Headquarters. This plan shall conform 

to the fuel efficiency standards for 

motor vehicles for the applicable fiscal 

year, as established by Executive Orders 

12003 and 12375 and as implemented 

by GSA and current DOE directives. 

Additional guidance for the preparation 

of the plan will be issued by the 

contracting officer, as required. 

(b) Contractors operating DOE-owned, 

GSA leased and/or commercially leased 

(for 60 continuous days or longer) motor 

vehicles shall prepare and electronically 

submit the following annual year-end 

reports to the contracting officer: 

(1) Annual Motor Vehicle Fleet 

Report. 

(2) Federal Fleet Report (41 CFR 102– 

34.335). 

Subpart 945.6—Reporting, 

Reutilization, and Disposal 

945.602 Reutilization of Government 

property. 

945.602–3 Screening. 

(a) Standard screening. (1) Prior to 

reporting excess property to GSA, all 

reportable property, as identified in 

Federal Management Regulations 41 

CFR 102–36.220, shall be reported for 

centralized screening in the DOE Energy 

Asset Disposal System (EADS). 

Reportable excess personal property 

will be screened internally via the EADS 

system for a period of 12 days. 

(i) EADS requires the inclusion of a 

six character Activity Address Code 

(AAC) which identifies the reporting 

contractor. The AAC will be assigned by 

DOE Headquarters upon receipt of a 

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Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 74389 

formal letter of authorization signed by 

the DOE contracting officer. 

(ii) Requests to establish, extend or 

delete an Activity Address Code shall be 

submitted by the contracting officer to 

the Office of Property Management, 

Personal Property Policy Division, 

within the Headquarters procurement 

organization. 

(b) Special screening requirements. (2) 

Special test equipment with commercial 

components.—Prior to reporting the 

property to GSA in accordance with 48 

CFR 45.604–1 (a), (b) and (c), the 

property shall be reported and screened 

within DOE in accordance with 

945.602–3(a) and 945.602–70. 

(3) Printing equipment. All printing 

equipment excess to requirements shall 

be reported to the Office of 

Administration at Headquarters. 

945.602–70 Local screening. 

Local screening shall be done using 

EADS. 

945.603 Abandonment, destruction or 

donation of excess personal property. 

See 945.670 for DOE disposal 

methods. 

945.604 Disposal of surplus property. 

945.604–1 Disposal methods. 

(b)(3) Recovering precious metals. 

Contractors generating contractor 

inventory containing precious metals or 

possessing precious metals excess to 

their programmatic requirements, shall 

identify and promptly report such items 

to the contracting officer for review, 

approval and reporting to the DOE 

Business Center for Precious Metals 

Sales & Recovery (Business Center). 

This includes Gold, Silver, Platinum, 

Rhodium, Palladium, Iridium, Osmium, 

and Ruthenium in any form, shape, 

concentration, or purity. Report all 

RCRA contaminated precious metals, 

but not radiological contaminated. The 

Y–12 NNSA Site Office is responsible 

for maintaining the DOE Business 

Center. Precious metals scrap will be 

reported to the DOE Business Center. 

(d) See 945.670 for DOE disposal 

methods. 

945.670 DOE disposal methods. 

945.670–1 Plant clearance function. 

If the plant clearance function has not 

been formally delegated to another 

Federal agency, the contracting officer 

shall assume all responsibilities of the 

plant clearance officer identified in 48 

CFR 45.606–3. 

945.670–2 Disposal of radioactively 

contaminated personal property. 

Special procedures regarding the 

disposal of radioactively contaminated 

property may be found at 41 CFR 109– 

45.50 and 45.51, or its successor. 

945.670–3 Waiver of screening 

requirements. 

(a) The Director of the Personal 

Property Policy Division, within the 

Headquarters procurement organization 

may authorize exceptions from 

screening requirements. 

(b) A request to the Director of the 

Personal Property Policy Division, 

within the Headquarters procurement 

organization for the waiver of screening 

requirements must be submitted by the 

Procurement Directors with a 

justification setting forth the compelling 

circumstances warranting the exception. 

945.671 Contractor inventory in foreign 

countries. 

Contractor inventory located in 

foreign countries will be utilized and 

disposed of in accordance with 41 CFR 

109–43.5 and 45.41, or its successor and 

48 CFR 45.302. 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 16. 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. 

952.245–5 [Amended] 

■ 17. Section 952.245–5 is amended by 

removing ‘‘FAR 52.245–5’’ and adding 

in its place ‘‘FAR 52.245–1’’. 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

■ 18. 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. 

■ 19. Section 970.5244–1 is amended 

by: 

■ a. Revising the clause date to read as 

set forth below; 

■ b. Revising clause paragraph (k); and 

■ c. Adding paragraph (q)(13). 

The revisions and additions read as 

follows: 

970.5244–1 Contractor purchasing 

system. 

* * * * * 

CONTRACTOR PURCHASING 

SYSTEM (JAN 2013) 

* * * * * 

(k) Government Property. The Contractor 

shall establish and maintain a property 

management system that complies with 

criteria in 48 CFR 970.5245–1, Property, and 

48 CFR 52.245–1, Government Property. 

* * * * * 

(q) * * * 

(13) Products made in Federal penal and 

correctional institutions—41 CFR 101– 

26.702. 

* * * * * 

■ 20. Section 970.5245–1 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; 

■ b. Removing and reserving paragraph 

(i)(1)(ii)(B). 

The revision reads as follows: 

970.5245–1 Property. 

* * * * * 

PROPERTY (JAN 2013) 

* * * * * 

(i) * * * 

(1) * * * 

(ii) * * * 

(B) [Reserved]; 

* * * * * 

[FR Doc. 2012–30189 Filed 12–13–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100812345–2142–03] 

RIN 0648–XC381 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2012 

Commercial Accountability Measure 

and Closure for Atlantic Wahoo 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector for Atlantic wahoo 

(wahoo) in the exclusive economic zone 

(EEZ) off the Atlantic states (Maine 

through the east coast of Florida). 

Commercial landings for wahoo, as 

estimated by the Science and Research 

Director, are projected to reach the 

commercial annual catch limit (ACL) on 

December 19, 2012. Therefore, NMFS 

closes the commercial sector for wahoo 

on December 19, 2012, for the 

remainder of the 2012 fishing year, 

through December 31, 2012. This action 

is necessary to protect the Atlantic 

wahoo resource. 

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