46326 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 

Item XII—Accepting and Dispensing of 

$1 Coin (FAR Case 2006–027) (Interim) 

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. 

Item XIII—Technical Amendments 

Editorial changes are made at FAR 

31.201–5, 32.006–1, 32.006–2, 52.212–5, 

52.232–16, and 52.245–1 in order to 

update references. 

Dated: July 30, 2007 

Al Matera, 

Acting Director, Contract Policy Division. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005–19 is issued under the authority of 

the Secretary of Defense, the 

Administrator of General Services, and 

the Administrator for the National 

Aeronautics and Space Administration. 

Unless otherwise specified, all 

Federal Acquisition Regulation (FAR) 

and other directive material contained 

in FAC 2005–19 is effective August 17, 

2007, except for Items II, IV, VI, and VII 

which are effective September 17, 2007. 

Dated: July 25, 2007. 

Shay D. Assad, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: July 18, 2007. 

George Barclay, 

Acting Senior Procurement Executive, 

General Services Administration. 

Dated: July 17, 2007. 

Sheryl Goddard, 

Acting Assistant Administrator for 

Procurement, National Aeronautics and 

Space Administration. 

[FR Doc. 07–3806 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 1, 25, and 52 

[FAC 2005–19; FAR Case 2005–034; Item 

I; Docket 2006–0020; Sequence 9] 

RIN 9000–AK52 

Federal Acquisition Regulation; FAR 

Case 2005–034, Reporting of 

Purchases from Overseas Sources 

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 as a 

final rule with changes the interim rule 

published in the Federal Register at 71 

FR 57375, September 28, 2006. This 

final rule implements 41 U.S.C. 10a, 

Buy American Act, as amended by 

Section 8306 of Public Law 110–28. 

DATES: Effective Date: August 17, 2007. 

FOR FURTHER INFORMATION CONTACT: 

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 2005–034. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule implements 41 U.S.C. 

10a, which requires the head of each 

Federal agency to submit a report to 

Congress relating to acquisitions of 

articles, materials, or supplies that are 

manufactured outside the United States. 

The provision at 52.225–18 requests 

from offerors necessary data regarding 

place of manufacture. 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

71 FR 57375, September 28, 2006. The 

60–day comment period on the interim 

rule ended on November 27, 2006. The 

Councils received one public comment. 

Comment: The respondent did not 

suggest any changes to the interim rule. 

Rather, the comment related to a 

statement in the Federal Register notice 

that the amendment is mandatory for 

solicitations issued and contracts 

awarded on or after October 1, 2006. 

The respondent considers this statement 

to be incorrect because the interim rule 

prescribes only a solicitation provision, 

which is to be incorporated in 

solicitations, not contracts. 

Response: The Federal Register notice 

states that the amendment is mandatory 

for solicitations issued and contracts 

awarded on or after October 1, 2006. 

The respondent is correct that the 

solicitation provision is used only in 

solicitations, not contracts. However, 

other aspects of the interim rule are 

applicable to contracts. The contracting 

officer is required to enter into the FPDS 

data on all contracts awarded on or after 

October 1, 2006, even if the solicitation 

did not include the new FAR provision 

at 52.225–18, Place of Manufacture. 

Section 8306 of the U.S. Troop 

Readiness, Veterans’ Care, Katrina 

Recovery, and Iraq Accountability 

Appropriations Act, 2007 (Pub. L. 110–

28), signed on May 25, 2007, amended 

the Buy American Act (41 U.S.C. 10a) to 

include an agency reporting 

requirement for acquisition of articles 

manufactured outside the United States. 

Therefore, the statutory citation at FAR 

25.004(a) is amended in this final rule 

to cite 41 U.S.C. 10a rather than Section 

837 of Division A of the Transportation, 

Treasury, Housing and Urban 

Development, the Judiciary, the District 

of Columbia, and Independent Agencies 

Appropriations Act, 2006 (Pub.L. 109–

115) and similar sections in subsequent 

appropriations acts. 

As a conforming amendment, it is 

necessary to include the new Office of 

Management and Budget (OMB) Control 

Number in FAR 1.106. In addition, a 

technical correction deletes OMB 

Control Number 9000–0023 as a control 

number associated with FAR clause 

52.225–2, because 52.225–2 no longer 

implements the Balance of Payments 

Program and OMB Control Number 

9000–0023 has expired. 

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 

DoD, GSA, and NASA 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., because this 

final rule does not change the rules for 

buying, it only amends the statutory 

citation and finalizes an information 

collection requirement. It does not have 

a significant economic impact to ask 

offerors of manufactured end products 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46327 

to check off a box to indicate whether 

products offered to the Federal 

Government are predominantly 

manufactured in the United States or 

outside the United States. The offeror is 

not even required to identify the 

country of manufacture if the product is 

manufactured outside the United States. 

No comments were received with regard 

to impact on small entities. 

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 Number 

9000–0161. 

The FAR Secretariat obtained an 

emergency approval of the new 

information collection requirement, 

estimated at 38,146 hours, under OMB 

Control Number 9000–0161, FAR Case 

2005–034, Reporting of Overseas 

Purchases, from OMB under 44 U.S.C. 

3501, et seq. An estimated burden of 

38,146 hours was granted temporary 

approval under OMB Control Number 

9000–0161. We received no comments 

regarding the estimated burden hours. 

List of Subjects in 48 CFR Parts 1, 25 

and 5 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting Director, Contract Policy Division. 

Interim Rule Adopted as Final With 

Changes 

■ Accordingly, the interim rule 

amending 48 CFR parts 25 and 52 which 

was published at 71 FR 57375, 

September 28, 2006, is adopted as a 

final rule with changes. 

■ 1. The authority citation for 48 CFR 

parts 1, 25, 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 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106 by removing 

from FAR Segment 52.225–2 ‘‘9000–

0023 and’’ and by adding, in numerical 

order, new FAR Segment ‘‘52.225–18’’

with OMB Control Number ‘‘9000–

0161.’’

PART 25—FOREIGN ACQUISITION 

■ 3. Amend section 25.004 by revising 

paragraph (a) to read as follows: 

25.004 Reporting of acquisition of end 

products manufactured outside the United 

States. 

(a) In accordance with the 

requirements of 41 U.S.C. 10a, the head 

of each Federal agency must submit a 

report to Congress on the amount of the 

acquisitions made by the agency from 

entities that manufacture end products 

outside the United States in that fiscal 

year. 

* * * * * 

[FR Doc. 07–3808 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 3, 12, and 52 

[FAC 2005–19; FAR Case 2005–035; Item 

II; Docket 2006–0020; Sequence 8] 

RIN 9000–AD76 

Federal Acquisition Regulation; FAR 

Case 2005–035, Changes to Lobbying 

Restrictions 

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 on a final rule 

amending the Federal Acquisition 

Regulation (FAR) in order to be 

consistent with the Lobbying Disclosure 

Act of 1995 and the Office of 

Management and Budget (OMB) Interim 

Final Guidance, and to improve clarity 

of the regulation through improved use 

of plain language and compliance with 

FAR drafting conventions. 

DATES: Effective Date: September 17, 

2007. 

FOR FURTHER INFORMATION CONTACT Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775, 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 

2005–035. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

71 FR 54255 on September 14, 2006. 

The final rule is not significantly 

different from the proposed rule. Among 

the various changes, this final rule—

• Includes the new concept of 

‘‘lobbying contact’’ and brings in the 

concept of registrants under the 

Lobbying Act of 1995. 

• Includes the OMB guidance that the 

term ‘‘appropriated funds’’ does not 

include profit or fee from a covered 

Federal action and that to the extent the 

contractor can demonstrate that the 

contractor has sufficient monies, other 

than Federal appropriated funds, the 

Government will assume that these 

other monies were spent for any 

influencing activities that would be 

unallowable if paid for with Federal 

appropriated funds. 

• Formalizes in the regulations the 

changes that were already incorporated 

in the OMB Standard Form (SF) LLL, 

Disclosure of Lobbying Activities. 

• Removes 31 U.S.C. 1352, 

Limitations on Payment to Influence 

Certain Federal Transactions, from the 

list of laws that are inapplicable to 

subcontracts for the acquisition of 

commercial items. 

• Makes the text, provisions, and 

clauses, easier to understand, for both 

contracting officers and offerors/ 

contractors. 

The comment period closed on 

November 13, 2006. We received 3 

public comments, each addressing a 

different aspect of the rule. The 

Councils addressed these comments in 

the formulation of the final rule as 

follows: 

Commercial contracts 

Comment: One respondent comments 

that the rule deletes in FAR 12.504(a), 

paragraph (3) ‘‘31 U.S.C. 1352, 

Limitation on Payments to Influence 

Certain Federal Transactions (see FAR 

Subpart 3.8),’’ thereby making lobbying 

payments unacceptable under 

commercial subcontracts acquired 

under FAR Part 12. The respondent is 

concerned that although the rule 

requires a certification and disclosure, it 

does not include any means to enforce 

the prohibition on commercial 

contracts. 

Response: The rule provides civil and 

criminal penalties for any person who 

makes an expenditure prohibited by the 

rule. 

The requirements of the law are 

generally conveyed to the contractor 

through clauses. Paragraph (e) of FAR 

52.212–3, Offeror Representations and 

Certifications—Commercial Items, 

already provides for offeror lobbying 

certification. The proposed rule also 

added language to paragraph (e) relating 

to the requirement to submit OMB SF 


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