[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46361-46363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3803]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 37 and 52

[FAC 2005-19; FAR Case 2006-027; Item XII; Docket 2007-0001, Sequence 
5]
RIN 9000-AK54


Federal Acquisition Regulation; FAR Case 2006-027, Accepting and 
Dispensing of $1 Coin

AGENCIES:  Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION:  Interim rule with request for comments.

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SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on an interim 
rule amending the Federal Acquisition Regulation (FAR) to implement 
Section 104 of the Presidential $1 Coin Act of 2005. Section 104 
requires that entities that operate any business on any premises owned 
or controlled by the United States be capable of accepting and 
dispensing $1 coins on and after January 1, 2008.

DATES: Effective Date: August 17, 2007.
    Applicability Date: This rule applies to all service contracts that 
involve business operations conducted in U.S. coins and currency, 
including vending machines, on any premises owned by the U.S. or under 
the control of any agency or instrumentality of the U.S. The clause 
shall be placed in all such solicitations and contracts on and after 
the effective date of this rule.

[[Page 46362]]

 Applicable existing contracts whose period of performance extends 
beyond January 1, 2008 shall be modified to include the clause.
    Comment Date: Interested parties should submit written comments to 
the FAR Secretariat on or before October 16, 2007 to be considered in 
the formulation of a final rule.

ADDRESSES:  Submit comments identified by FAC 2005-19, FAR case 2006-
027, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Search for any document by first selecting the proper document types 
and selecting ``Federal Acquisition Regulation'' as the agency of 
choice. At the ``Keyword'' prompt, type in the FAR case number (for 
example, FAR Case 2006-001) and click on the ``Submit'' button. Please 
include your name and company name (if any) inside the document.
    You may also search for any document by clicking on the ``Advanced 
search/document search''tab at the top of the screen, selecting from 
the agency field ``Federal Acquisition Regulation'', and typing the FAR 
case number in the keyword field. Select the ``Submit'' button.
    <bullet>Fax: 202-501-4067.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-19, FAR 
case 2006-027, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT:  Mr. Michael Jackson, Procurement 
Analyst, at (202) 208-4949 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-19, FAR case 
2006-027.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements the Presidential $1 Coin Act of 2005 
(Pub. L. 109-145). The Presidential $1 Coin Act of 2005 requires the 
Secretary of the Treasury to mint and issue annually four new $1 coins 
bearing the likenesses of the Presidents of the United States in the 
order of their service and to continue to mint and issue ``Sacagawea-
design'' coins for circulation. In order to promote circulation of the 
coins, Section 104 of the Public Law also requires that Federal 
agencies take action so that, by January 1, 2008, entities that operate 
any business, including vending machines, on any premises owned by the 
United States or under the control of any agency or instrumentality of 
the United States, are capable of accepting and dispensing $1 coins and 
that the entities display notices of this capability on the business 
premises. This will require modification of existing covered contracts 
whose period of performance extends beyond the January 1, 2008 date in 
order to assure compliance with Section 104 of the Act.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because 
receiving and dispensing the new coins as part of business operations 
should not add to workload or expense. For vending machines already 
configured to accept and dispense the Sacagawea $1 coin, which has been 
in circulation since January, 2000, there will be no need to change or 
modify equipment.
    Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. The Councils will consider comments from small entities 
concerning the affected FAR Parts 37 and 52 in accordance with 5 U.S.C. 
610. Interested parties must submit such comments separately and should 
cite 5 U.S.C 601, et seq. (FAC 2005-19, FAR case 2006-027), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary to implement the Presidential $1 Coin Act of 2005 which 
requires that entities that operate any business on any premises owned 
or controlled by the United States be capable of accepting and 
dispensing $1 coins. Issuance of an interim rule is necessary to ensure 
that the appropriate clause is included in solicitations and contracts 
to permit compliance with this requirement by January 1, 2008, in 
accordance with the Act. In addition, modifications to existing covered 
contracts will be needed in order to comply with the mandated date. 
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will 
consider public comments received in response to this interim rule in 
the formation of the final rule.

List of Subjects in 48 CFR Parts 37 and 52

    Government procurement.

    Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 37 and 52 as set forth 
below:
0
1. The authority citation for 48 CFR parts 37 and 52 continues to read 
as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 37--SERVICE CONTRACTING

0
2. Add sections 37.116, 37.116-1, and 37.116-2 to read as follows:


37.116  Accepting and Dispensing of $1 Coin.


37.116-1  Presidential $1 Coin Act of 2005.

    This section implements Section 104 of the Presidential $1 Coin Act 
of 2005 (31 U.S.C. 5112(p)(1)), which seeks to remove barriers to the 
circulation of $1 coins. Section 104 requires that business operations 
performed on United States Government premises provide for accepting 
and dispensing of existing and proposed $1 coins as part of operations 
on and after January 1, 2008.


37.116-2  Contract clause.

    Insert the clause at 52.237-11, Accepting and Dispensing of $1 
Coin, in solicitations and contracts for the provision of services that 
involve business operations conducted in U.S. coins and currency, 
including vending machines, on any premises owned by the United States 
or under the control of any agency or instrumentality of the United 
States.

[[Page 46363]]

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.212-5 by revising the date of the clause and adding 
paragraph (c)(5) to read as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive

* * * * *

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS-COMMERCIAL ITEMS (AUG 2007)

* * * * *
    (c) * * *
    ------ (5) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 
2007)(31 U.S.C. 5112(p)(1)).
* * * * *
0
4. Add section 52.237-11 to read as follows:


52.237-11  Accepting and Dispensing of $1 Coin.

    As prescribed in 37.116-2, insert the following clause:

ACCEPTING AND DISPENSING OF $1 COIN (AUG 2007)

    (a) This clause applies to service contracts that involve 
business operations conducted in U.S. coin and currency, including 
vending machines, on any premises owned by the United States or 
under the control of any agency or instrumentality of the United 
States. All such business operations must be compliant with the 
requirements in paragraphs (b) and (c) of this clause on and after 
January 1, 2008.
    (b) All business operations conducted under this contract that 
involve coins or currency, including vending machines, shall be 
fully capable of accepting and dispensing $1 coins in connection 
with such operations.
    (c) The Contractor shall ensure that signs and notices are 
displayed denoting the capability of accepting and dispensing $1 
coins with business operations on all premises where coins or 
currency are accepted or dispensed, including on each vending 
machine.

(End of clause)

[FR Doc. 07-3803 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S