Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46359 

from the materials from which it was 

transformed. 

* * * * * 

■ 12. Amend section 52.225–12 by 

revising the introductory text of 

Alternate II to read as follows: 

52.225–12 Notice of Buy American Act 

Requirement—Construction Materials under 

Trade Agreements. 

* * * * * 

Alternate II ‘‘(AUG 2007)’’. As prescribed 

in 25.1102(d)(3), add the definition of 

‘‘Bahrainian or Mexican construction 

material’’ to paragraph (a) and substitute the 

following paragraph (d) for paragraph (d) of 

the basic provision: 

* * * * * 

[FR Doc. 07–3799 Filed 8–16–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 23 

[FAC 2005–19; FAR Case 2006–025; Item 

IX; Docket 2007–0001, Sequence 3] 

RIN 9000–AK76 

Federal Acquisition Regulation; FAR 

Case 2006–025, Online 

Representations and Certifications 

Application Review 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 

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 revise the 

prescription for use of clauses for the 

use of EPA-designated products and 

toxic chemical release reporting. 

DATES: Effective Date: August 17, 2007. 

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 

2006–025, by any of the following 

methods: 

• 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 2006–025) 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. 

• Fax: 202–501–4067. 

• 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 

2006–025, 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. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. Please cite FAC 2005–19, FAR 

case 2006–025. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

FAR Subpart 4.12, Annual 

Representations and Certifications, 

prescribes policies and procedures for 

prospective offerors to submit annual 

representations via the Online 

Representations and Certifications 

Application (ORCA). ORCA, located at 

http://orca.bpn.gov, eliminates the 

administrative burden of submitting the 

same information to various contracting 

offices and establishes a common source 

for the Government to obtain the 

information. FAR 4.1201 requires 

prospective contractors to complete 

annual representations and 

certifications in ORCA (and update 

them as necessary, but at least annually) 

in conjunction with their required 

registration in the Central Contractor 

Registration (CCR) database. 

FAR 4.1104 requires (with few 

exceptions as listed at FAR 4.1102) the 

use of FAR clause 52.204–7, Central 

Contractor Registration, which requires 

the contractor to register in CCR. FAR 

4.1202 lists twenty-six representations 

and certifications that are included in 

ORCA and are therefore not to be 

included in solicitations that include 

the clause at 52.204–7, Central 

Contractor Registration. 

Of the twenty-six representations and 

certifications, the prescriptions for use 

of two associated clauses, (1) 52.223–9, 

Estimate of Percentage of Recovered 

Material Content for EPA-Designated 

Products, and (2) 52.223–14, Toxic 

Chemical Release Reporting, were 

determined to be problematic. The 

prescriptions for use of the clauses were 

dependent upon the associated 

provisions at 52.223–4, Recovered 

Material Certification, and 52.223–13, 

Certification of Toxic Chemical Release 

Reporting, being included in the 

solicitation. In instances where CCR is 

required, the annual certification in 

ORCA applies, and therefore neither 

provision will be included in the 

solicitation. Therefore, when applicable 

to the resultant contract, the 

Government may fail to include the 

associated clause because the provision 

was not included in the solicitation. 

Failure to include the clause may 

preclude receipt of information or 

certification required by statute. 

This interim rule amends FAR 23.406 

and 23.906, both titled Solicitation 

provision and contract clause, to revise 

the prescriptions for the use of 52.223–

9 and 52.223–14 to provide for use 

under the same circumstances as the 

prescription for use of their associated 

provisions. These revisions ensure 

compliance with the statutory 

requirements of 40 CFR part 247 and 42 

U.S.C. 11023. 

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 the rule revises language that 

the Office of Management and Budget 

has already approved for obtaining 

representations and certifications under 

OMB Control Numbers 9000–0134 and 

9000–0139 for compliance with Section 

6002 of the Resource Conservation and 

Recovery Act and the requirements of 

Executive Order 12969, Emergency 

Planning and Community Right-toKnow Act of 1986. Therefore, an Initial 

Regulatory Flexibility Analysis has not 

been performed. The Councils will 

consider comments from small entities 


sroberts on PROD1PC70 with RULES
46360 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 

concerning the affected FAR Part 23 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–

025), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply; however, these changes to the 

FAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Numbers 

9000–0134 and 9000–0139. 

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 because the rule 

amends the FAR to address necessary 

changes to the prescriptions for the use 

of FAR clauses, allowing the proper 

receipt of certification information and 

ensuring compliance with the statutory 

requirements of 40 CFR part 247 and 42 

U.S.C. 11023. 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 Part 23 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 23 as set forth 

below: 

PART 23—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 1. The authority citation for 48 CFR 

part 23 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

■ 2. Amend section 23.406 by revising 

the first sentence of paragraph (b) to 

read as follows: 

23.406 Solicitation provision and contract 

clause. 

* * * * * 

(b) Insert the clause at 52.223–9, 

Estimate of Percentage of Recovered 

Material Content for EPA-Designated 

Products, in solicitations and contracts 

exceeding $100,000 that are for, or 

specify the use of, EPA-designated 

products containing recovered 

materials. * * * 

■ 3. Amend section 23.906 by revising 

paragraph (b) to read as follows: 

23.906 Solicitation provision and contract 

clause. 

* * * * * 

(b) Insert the clause at 52.223–14, 

Toxic Chemical Release Reporting, in 

competitively awarded contracts 

exceeding $100,000 and competitively 

awarded 8(a) contracts, except when the 

determination at 23.905(b) has been 

made. 

[FR Doc. 07–3800 Filed 8–16–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 25 and 52 

[FAC 2005–19; FAR Case 2006–006; Item 

X; Docket 2006–0020; Sequence 7] 

RIN 9000–AK49 

Federal Acquisition Regulation; FAR 

Case 2006–006, Free Trade 

Agreements—El Salvador, Honduras, 

and Nicaragua 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed to adopt the 

interim rule published in the Federal 

Register at 71 FR 36935, June 28, 2006, 

as a final rule without change. This final 

rule amends the Federal Acquisition 

Regulation (FAR) to implement the 

Dominican Republic—Central 

America—United States Free Trade 

Agreement with respect to El Salvador, 

Honduras, and Nicaragua. 

DATES: Effective Date: August 17, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925 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 2006–006. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

71 FR 36935 on June 28, 2006, to 

implement the Dominican Republic—

Central America—United States Free 

Trade Agreement (CAFTA-DR) with 

respect to El Salvador, Honduras, and 

Nicaragua (Public Law 109–53). No 

comments were received by the close of 

the public comment period on August 

28, 2006. Therefore, the Councils agreed 

to convert the interim rule to a final rule 

without change. 

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 Department of Defense, the 

General Services Administration, and 

the National Aeronautics and Space 

Administration certify that this final 

rule will not 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. Although the 

rule opens up Government procurement 

to the products of El Salvador, 

Honduras, and Nicaragua, the Councils 

do not anticipate any significant 

economic impact on U.S. small 

businesses. The Department of Defense 

only applies the trade agreements to the 

non-defense items listed at DFARS 

225.401–70, and acquisitions that are 

set-aside for small businesses ar exempt. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply; however, these changes to the 

FAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Numbers 

9000–0139, 9000–0025, and 9000–0141. 

List of Subjects in 48 CFR Parts 25 and 

52 

Government procurement. 

Dated: July 30, 2007 

Al Matera, 

Acting Director, Contract Policy Division. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 25 and 52, 

which was published at 71 FR 36935, 


sroberts on PROD1PC70 with RULES