Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68217 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary, or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made a good cause finding to forego 

public notice and comment procedures. 

Today’s stay eliminates a numeric 

limitation for which the record is 

inadequate and any opportunity for 

confusion. Any additional delay in 

correcting the calculation error would 

only increase the potential confusion 

and could require states to incorporate 

an incorrect numeric limitation in their 

construction permits. EPA sets an 

effective date to make the stay effective 

60 days after publication in the Federal 

Register. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 450 

Environmental protection, 

Construction industry, Land 

development, Erosion, Sediment, 

Stormwater, Water pollution control. 

Dated: November 1, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set forth in the 

preamble, EPA is amending 40 CFR part 

450 as follows: 

PART 450—CONSTRUCTION AND 

DEVELOPMENT POINT SOURCE 

CATEGORY 

■ 1. The authority citation for part 450 

is revised to read as follows: 

Authority: 33 U.S.C. 101, 301, 304, 306, 

308, 401, 402, 501 and 510. 

■ 2. Section 450.22(a) and (b) are stayed 

indefinitely. 

[FR Doc. 2010–28033 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF ENERGY 

48 CFR Part 970 

RIN 1991–AB91 

Acquisition Regulation: Agency 

Supplementary Regulations 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

on DOE Management and Operating 

Contracts to make changes to conform to 

the Federal Acquisition Regulation 

(FAR), remove out-of-date coverage, and 

update references. Today’s rule does not 

alter substantive rights or obligations 

under current law. 

DATES: Effective Date: December 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Binney at (202) 287–1340 or by 

e-mail, barbara.binney@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Comments and Responses 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

This final rule amends the existing 

Department of Energy Acquisition 

Regulation (DEAR) Subchapter I. The 

purpose of this rule is to update DEAR 

Subchapter I—Agency Supplementary 

Regulations, Part 970—DOE 

Management and Operating Contracts to 

conform it to the FAR. None of today’s 

changes are substantive or of a nature to 

cause any significant expense for DOE 

or its contractors. 

II. Comments and Responses 

DOE published a notice of proposed 

rulemaking on June 9, 2010 (75 FR 

32719), with a public comment period 

ending on July 9, 2010. DOE received no 

comments. 

DOE amends the DEAR as follows: 

1. Section 970.0100 is amended to 

add the references for the Code of 

Federal Regulation (CFR) chapters 1 and 

9. 

2. Section 970.0103 is revised to 

remove ‘‘DEAR’’ before 970.0309 and 

remove ‘‘FAR’’ before 3.9 and add in its 

place ‘‘48 CFR subpart’’ in paragraph 

(a)(3). 

3. Section 970.0404–2 is amended to 

update the DOE Order to 475.1, 

Counterintelligence Program. 

4. Section 970.19 is amended to revise 

the subpart heading and the 970.1907 

section heading to conform to the FAR. 

5. Section 970.1907–1 is redesignated 

as 970.1907–4 to conform to the FAR. 

6. Part 970 is revised by adding a new 

subpart ‘‘970.25 Foreign Acquisition’’ 

and section ‘‘970.2570 Contract clauses’’ 

which provides instructions on when to 

insert and how to modify the clauses at 

FAR 52.225–1, Buy American Act— 

Supplies, and FAR 52.225–9, Buy 

American Act—Construction Materials, 

in management and operating contracts. 

7. Section 970.3102–05–6 paragraphs 

(a)(7)(i) and (ii) are amended to clarify 

that the contract will set forth the 

reimbursable costs for compensation for 

personal services, it removes the 

reference to the personnel appendix. 

Paragraph (p)(1) revises the reference to 

the FAR from the ‘‘Federal Acquisition 

Regulation’’ to ‘‘48 CFR.’’ 

8. Subpart 970.34 is amended by 

redesignating 970.3400 as 970.3405 and 

970.3400–1 as 970.3405–2 to conform 

with the FAR. 

9. Subpart 970.37 is revised to add the 

new section ‘‘970.3706 Performancebased acquisition’’ and ‘‘970.3706–1 

General’’ which references 970.1100 for 

policy and guidance on performancebased contracting for management and 

operating (M&O) contracts. 

10. Section 970.3770–1 is amended by 

adding that the use of DOE directives is 

prescribed in 970.0470. 

11. Section 970.5204–1 is amended by 

revising the date of the clause and 

removing ‘‘DOE Order 5670.3, 

Counterintelligence Program’’ in 

paragraph (a) of the clause and adding 

in its place ‘‘DOE Order 475.1, 

Counterintelligence Program, or its 

successor’’. 

12. Section 970.5223–3 is amended by 

revising the date of the provision and 

adding that DOE may grant an extension 

to the notification or implementation 

period if necessary as per 10 CFR 707.5 

(g) in paragraph (b). This change will 

provide the contracting officer the 

authority to extend the time needed for 

the contractor to submit the workplace 

substance abuse program plan. 

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68218 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 

13. Section 970.5223–4 is amended by 

revising the date of the clause and 

revising the clause to permit the 

contracting officer to agree to different 

date beyond the 30-day notice by the 

contractor for the submission of the 

workplace substance abuse program 

plan. This change will provide the 

Contracting Officer the authority to 

extend the time needed for the 

Contractor to submit the workplace 

substance abuse program plan. 

14. Section 970.5226–1 is amended by 

revising the punctuation in the last 

sentence of the clause. 

15. Section 970.5232–3 is amended at 

paragraph (h)(1) to add ‘‘or 

subcontractor’s’’ after ‘‘contractor’s’’ and 

to add ‘‘and to interview any current 

employee regarding such transactions’’ 

after ‘‘hereunder.’’ Section 871 of the 

Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 

and section 902 of Title IX of the 

Recovery Act formalized the current 

practices permitting access to the 

Government Accountability Office to 

records and to interview current 

employees of contractors and 

subcontractors administering contracts. 

16. Section 970.5235–1 is amended to 

update the clause to reference the clause 

48 CFR 970.5217–1 in paragraph (c) 

since this clause applies the Work for 

Others Program. Also, paragraph (d) is 

amended to add the full title of DOE 

order 481.1. 

17. The rule text is amended as noted 

in paragraph 11 and in the tables at 

paragraphs 20 and 21 by removing 

‘‘FAR’’ or ‘‘DEAR’’ and adding ‘‘48 CFR’’; 

removing ‘‘FAR’’ or ‘‘48 CFR’’; adding ‘‘48 

CFR’’, revising the punctuation; and 

capitalizing Contractor, Contractor’s, 

and Contracting Officer. 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

Today’s regulatory action has been 

determined not to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ (58 FR 51735, October 4, 

1993). Accordingly, this rule is not 

subject to review under that Executive 

Order by the Office of Information and 

Regulatory Affairs (OIRA) of the Office 

of Management and Budget (OMB). 

B. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. With regard to 

the review required by section 3(a), 

section 3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; 

(3) provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; 

(4) specifies the retroactive effect, if any; 

(5) adequately defines key terms; and 

(6) addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the United States Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or if it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this rule 

meets the relevant standards of 

Executive Order 12988. 

C. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.) requires that an 

agency prepare an initial regulatory 

flexibility analysis for any regulation for 

which a general notice or rulemaking is 

required, unless the agency certifies that 

the rule, if promulgated, will not have 

a significant economic impact on a 

substantial number of small entities 

(5 U.S.C. 605(b)). This rule updates 

references in the DEAR that apply to 

public contracts and does not impose 

any additional requirements on small 

businesses. Today’s rule does not alter 

any substantive rights or obligations 

and, consequently, today’s rule will not 

have a significant cost or administrative 

impact on contractors, including small 

entities. On the basis of the foregoing, 

DOE certifies that this rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE’s certification and 

supporting statement of factual basis 

will be provided to the Chief Counsel 

for Advocacy of the Small Business 

Administration pursuant to 5 U.S.C. 

605(b). 

D. Review Under the Paperwork 

Reduction Act 

This final rule does not impose a 

collection of information requirement 

subject to the Paperwork Reduction Act, 

44 U.S.C. 3501 et seq. Existing burdens 

associated with the collection of certain 

contractor data under the DEAR have 

been cleared under OMB control 

number 1910–4100. 

E. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of this 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, today’s rule 

does not require an environmental 

impact statement or environmental 

assessment pursuant to NEPA. 

F. Review Under Executive Order 13132 

Executive Order 13132, 64 FR 43255 

(August 4, 1999), imposes certain 

requirements on agencies formulating 

and implementing policies or 

regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. The Executive Order 

requires agencies to have an 

accountability process to ensure 

meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations (65 FR 

13735). DOE has examined today’s 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. 104ƒ4) generally 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68219 

requires a Federal agency to perform a 

written assessment of costs and benefits 

of any rule imposing a Federal mandate 

with costs to State, local or tribal 

governments, or to the private sector, of 

$100 million or more. This rule does not 

impose any federal mandate on state, 

local or tribal governments or on 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 the autonomy or integrity 

of the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 13211 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use, 66 FR 28355, (May 

22, 2001), requires Federal agencies to 

prepare and submit to Office of 

Information and Regulatory Affairs of 

the Office of Management and Budget, 

a Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; (2) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy; or (3) is 

designated by the Administrator of 

OIRA as a significant energy action. For 

any significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s 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 

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 

Issuance of today’s rule has been 

approved by the Office of the Secretary. 

List of Subjects in 48 CFR Part 970 

Government procurement. 

Issued in Washington, DC. 

Patrick M. Ferraro, 

Acting Director, Office of Procurement and 

Assistance Management, Department of 

Energy. 

Joseph F. Waddell, 

Director, Office of Acquisition and Supply 

Management, National Nuclear Security 

Administration. 

■ For the reasons set out in the 

preamble, the Department of Energy 

amends Chapter 9 of Title 48 of the 

Code of Federal Regulations as set forth 

below. 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

■ 1. 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. 

Subpart 970.01—Management and 

Operating Contract Regulatory System 

970.0100 [Amended] 

■ 2. Section 970.0100 is amended in the 

first sentence, by adding, ‘‘(Chapter 1 of 

Title 48 Code of Federal Regulations 

(CFR))’’ after ‘‘(FAR)’’ and by adding 

‘‘(Chapter 9 of Title 48 CFR)’’ after 

‘‘DEAR’’. 

970.0103 [Amended] 

■ 3. Section 970.0103 is amended by: 

■ a. Removing, in introductory 

paragraph (a) heading, ‘‘part’’ and adding 

in its place ‘‘Part’’; 

■ b. Removing, in paragraph (a)(3), 

‘‘DEAR’’; and 

■ c. Removing, in paragraph (a)(3), ‘‘FAR 

3.9’’ and adding in its place ‘‘48 CFR 

subpart 3.9’’. 

970.0404–2 [Amended] 

■ 4. Section 970.0404–2 is amended in 

paragraph (b) by removing ‘‘5670.3 (as 

amended).’’ at the end of the second 

sentence and adding in its place ‘‘475.1, 

Counterintelligence Program, or its 

successor.’’ 

Subpart 970.19—Small Business 

Programs 

■ 5. Revise subpart 970.19 subpart 

heading to read as set forth above. 

■ 6. Revise 970.1907 section heading to 

read as set forth below: 

970.1907 The Small Business 

Subcontracting Program. 

* * * * * 

970.1907–1 [Redesignated as 970.1907–4] 

■ 7. Section 970.1907–1 is redesignated 

as 970.1907–4. 

■ 8. Add subpart 970.25, consisting of 

970.2570, to read as follows: 

Subpart 970.25—Foreign Acquisition 

970.2570 Contract clauses. 

Contracting officers shall insert the 

clauses at 48 CFR 52.225–1, Buy 

American Act—Supplies, and 48 CFR 

52.225–9, Buy American Act— 

Construction Materials, in management 

and operating contracts. The clause at 

48 CFR 52.225–1 shall be modified in 

paragraph (d) by substituting the word 

‘‘use’’ for the word ‘‘deliver.’’ 

970.2673–1 [Amended] 

■ 9. Section 970.2673–1 is amended by: 

■ a. Removing the ‘‘:’’ in introductory 

text and adding in its place a ‘‘—’’; 

■ b. Removing the ‘‘,’’ in paragraph (a) 

and adding in its place a ‘‘;’’; and 

■ c. Removing the ‘‘,’’ in paragraph (b) 

and adding in its place a ‘‘;’’. 

■ 10. Section 970.3102–05–6 is 

amended by: 

■ a. Revising paragraphs (a)(7)(i) and 

(a)(7)(ii) to read as set forth below; and 

■ b. Removing ‘‘Federal Acquisition 

Regulation’’ in paragraph (p)(1) and 

adding in its place ‘‘48 CFR’’. 

970.3102–05–6 Compensation for personal 

services. 

(a) * * * 

(7)(i) Reimbursable costs for 

compensation for personal services are 

to be set forth in the contract. This 

compensation shall be set forth using 

the principles and policies of 48 CFR 

31.205–6, Compensation, as 

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68220 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 

supplemented by this section, 

970.3102–05–6, and other pertinent 

parts of the DEAR. Costs that are 

unallowable under other contract terms 

shall not be allowable as compensation 

for personnel services. 

(ii) The contract sets forth, in detail, 

personnel costs and related expenses 

allowable under the contract and 

documents personnel policies, practices 

and plans which have been found 

acceptable by the contracting officer. 

The contractor will advise DOE of any 

proposed changes in any matters 

covered by these policies, practices, or 

plans which relate to personnel costs. 

Types of personnel costs and related 

expenses addressed in the contract are 

as follows: Salaries and wages; bonuses 

and incentive compensation; overtime, 

shift differential, holiday, and other 

premium pay for time worked; welfare 

benefits and retirement programs; paid 

time off, and salaries and wages to 

employees in their capacity as union 

stewards and committeemen for time 

spent in handling grievances, or serving 

on labor management (contractor) 

committees provided, however, that the 

contracting officer’s approval is required 

in each instance of total compensation 

to an individual employee above an 

annual rate as specified in the contract. 

* * * * * 

970.3102–05–46 [Amended] 

■ 11. Section 970.3102–05–46 is 

amended in paragraph (e)(3) 

introductory text by adding ‘‘48 CFR’’ 

before ‘‘31.109’’. 

970.3400 [Redesignated as 970.3405] 

■ 12a. Redesignate 970.3400 as 

970.3405 and 970.3400–1 as 970.3405– 

2. 

970.3400–1 [Redesignated as 970.3405–2] 

■ 12b. Redesignate 970.3400–1 as 

970.3405–2. 

■ 13. Add sections 970.3706 and 

970.3706–1 to subpart 970.37 to read as 

follows: 

970.3706 Performance-based acquisition. 

970.3706–1 General. 

For policy and guidance on 

performance-based contracting for 

management and operating (M&O) 

contracts, see 970.1100. 

■ 14. Section 970.3770–1 is revised to 

read as follows: 

970.3770–1 Policy. 

Contractors managing the Department 

of Energy (DOE) facilities shall be 

required to comply with the DOE 

Directives applicable to facilities 

management. The use of the DOE 

Directives is prescribed in 970.0470. 

■ 15. Section 970.5204–1 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; and 

■ b. Removing ‘‘DOE Order 5670.3, 

Counterintelligence Program;’’ in 

paragraph (a) of the clause and adding 

in its place ‘‘DOE Order 475.1, 

Counterintelligence Program, or its 

successor;’’. 

The revision reads as follows: 

970.5204–1 Counterintelligence. 

* * * * * 

COUNTERINTELLIGENCE (DEC 2010) 

* * * * * 

■ 16. Section 970.5223–3 is amended 

by: 

■ a. Revising the date of the provision 

to read as set forth below; and 

■ b. Adding a new sentence at the end 

of paragraph (b) as set forth below. 

The revision and addition read as 

follows: 

970.5223–3 Agreement regarding 

Workplace Substance Abuse Programs at 

DOE Sites. 

* * * * * 

AGREEMENT REGARDING 

WORKPLACE SUBSTANCE ABUSE 

PROGRAMS AT DOE SITES (DEC 2010) 

* * * * * 

(b) * * * DOE may grant an extension 

to the notification or implementation 

period if necessary as per 10 CFR 

707.5(g). 

* * * * * 

■ 17. Section 970.5223–4 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; and 

■ b. Revising paragraph (c)(1). 

The revisions read as follows: 

970.5223–4 Workplace Substance Abuse 

Programs at DOE sites. 

* * * * * 

WORKPLACE SUBSTANCE ABUSE 

PROGRAMS AT DOE SITES (DEC 2010) 

* * * * * 

(c) Subcontracts. (1) The Contractor 

agrees to notify the Contracting Officer 

reasonably in advance of, but not later 

than 30 days prior to, the award of any 

subcontract the Contractor believes may 

be subject to the requirements of 10 CFR 

part 707, unless the Contracting Officer 

agrees to a different date. 

* * * * * 

■ 18. Section 970.5232–3 is amended 

by: 

■ a. Revising the date of the clause to 

read as set forth below; and 

■ b. Adding ‘‘or subcontractor’s’’ after 

‘‘contractor’s’’ and adding ‘‘and to 

interview any current employee 

regarding such transactions’’ after 

‘‘hereunder’’ in paragraph (h)(1). 

The revision reads as follows: 

970.5232–3 Accounts, records, and 

inspection. 

* * * * * 

ACCOUNTS, RECORDS, AND 

INSPECTION (DEC 2010) 

* * * * * 

■ 19. Section 970.5235–1 is amended 

by: 

■ a. Revising the introductory text and 

the date of the clause to read as set forth 

below; 

■ b. Removing ‘‘DOE Order 481.1, Work 

for Others (Non-Department of Energy 

Funded Work) (see current version).’’ in 

paragraph (c) and adding in its place 

‘‘the clause 48 CFR 970.5217–1 Work for 

Others Program.’’; and 

■ c. Adding ‘‘, Work for Others (NonDepartment of Energy Funded Work), or 

its successor’’ after ‘‘DOE Order 481.1’’ in 

paragraph (d). 

The revisions read as follows: 

970.5235–1 Federally funded research and 

development center sponsoring agreement. 

As prescribed in 970.3501–4, insert 

the following clause: 

FEDERALLY FUNDED RESEARCH 

AND DEVELOPMENT CENTER 

SPONSORING AGREEMENT (DEC 

2010) 

* * * * * 

PART 970—[AMENDED] 

■ 20. In the table below, for each section 

indicated in the left column, remove the 

word indicated in the middle column 

from where it appears in the section, 

and add the word in the right column: 

Section Remove Add 

970.1504–1–4(e) introductory text and (e)(2) introductory text ......... ‘‘:’’ ..................................................... ‘‘—’’ 

970.2201–1–1 ..................................................................................... ‘‘48 CFR Subpart’’ ............................ ‘‘48 CFR subpart’’ 

970.2201–1–2(a)(1)(ii)(A) ................................................................... ‘‘A review must:’’ .............................. ‘‘A review must —’’ 

970.2201–1–2(a)(1)(ii)(C) ................................................................... ‘‘including those:’’ ............................. ‘‘including those —’’ 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68221 

Section Remove Add 

970.2201–1–2(a)(1)(iii) ....................................................................... ‘‘10 CFR Part 707.4’’ ....................... ‘‘10 CFR 707.4’’ 

970.2201–1–2(a)(1)(iii) ....................................................................... ‘‘10 CFR Part 707’’ .......................... ‘‘10 CFR part 707’’ 

970.2201–1–2(a)(1)(v)(A) ................................................................... ‘‘authorization:’’ ................................ ‘‘authorization —‘‘ 

970.2305–2(b) ..................................................................................... ‘‘48 CFR 23.5’’ ................................. ‘‘48 CFR subpart 23.5’’ 

970.2306(b)(4) .................................................................................... ‘‘48 CFR 970.5223–3’’ ..................... ‘‘970.5223–3’’ 

970.2672–2 ......................................................................................... ‘‘48 CFR’’ ......................................... ‘‘subpart’’ 

970.5215–3(b)(4)(iii) in the first sentence .......................................... ‘‘contracting officer’’ ......................... ‘‘Contracting Officer’’ 

970.3204–1(a) ..................................................................................... ‘‘48 CFR subpart 932.4’’ .................. ‘‘subpart 932.4’’ 

970.5222–1 in the last sentence ........................................................ ‘‘contractor’’ ...................................... ‘‘Contractor’’ 

970.5223–1(b) in the third sentence .................................................. ‘‘contractor’s’’ ................................... ‘‘Contractor’s’’ 

970.5223–1(b)(2) ................................................................................ ‘‘(ES&H)’’ .......................................... ‘‘ES&H’’ 

970.5226–1 ......................................................................................... ‘‘contracting officer’’ ......................... ‘‘Contracting Officer’’ 

970.5226–1 in the second sentence .................................................. ‘‘contractor’’ ...................................... ‘‘Contractor’’ 

970.5226–1 in the third sentence ....................................................... ‘‘Appendix.’’ ...................................... ‘‘the Appendix.’’ 

970.5232–2(e)(2)(iv)(B) in the last sentence ...................................... ‘‘contractor’’ ...................................... ‘‘Contractor’’ 

970.5232–3(d) in the second sentence .............................................. ‘‘Clause ___,’’ ................................... ‘‘Clause 970.5204–3,’’ 

970.5232–3(j) in the last sentence ..................................................... ‘‘Penalties for Unallowable costs;’’ .. ‘‘Penalties for Unallowable Costs;’’ 

■ 21. In the table below, for each section 

indicated in the left column, remove the 

word indicated in the right column from 

where it appears in the section: 

Section Remove 

970.2201–1–2(a)(1)(ii) ................ ‘‘48 CFR’’ 

970.2671–2 ................................. ‘‘48 CFR’’ 

970.2672–3 ................................. ‘‘48 CFR’’ 

970.2673–2 ................................. ‘‘48 CFR’’ 

970.5226–1 introductory text ...... ‘‘48 CFR’’ 

970.5226–2 introductory text ...... ‘‘48 CFR’’ 

Section Remove 

970.5226–3 introductory text ...... ‘‘48 CFR’’ 

970.5232–5(b) in two places ...... ‘‘FAR’’ 

[FR Doc. 2010–27870 Filed 11–4–10; 8:45 am] 

BILLING CODE 6450–01–P 

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