5716 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 

• Fax: Comments may be faxed to 

202–566–0272; Attention Docket ID No. 

EPA–HQ–SFUND–2009–0834. 

• Mail: Send your comments to the 

Identification of Additional Classes of 

Facilities for Development of Financial 

Responsibility Requirements under 

CERCLA Section 108(b) Docket, 

Attention Docket ID No., EPA–HQ– 

SFUND–2009–0834, Environmental 

Protection Agency, Mailcode: 5305T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include a 

total of two copies. 

• Hand Delivery: Deliver two copies 

of your comments to the Identification 

of Additional Classes of Facilities for 

Development of Financial 

Responsibility Requirements under 

CERCLA Section 108(b) Docket, 

Attention Docket ID No., EPA–HQ– 

SFUND–2009–0834, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20460. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2009– 

0834. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Identification of Additional Classes 

of Facilities for Development of 

Financial Responsibility Requirements 

under CERCLA Section 108(b) Docket, 

Docket ID No. EPA–HQ–SFUND–2009– 

0834, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20460. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is (202) 566–0276. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this notice, contact 

Ben Lesser, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery, Mail Code 

5302P, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone (703) 

308–0314; or (e-mail) 

lesser.ben@epa.gov; or Barbara Foster, 

U.S. Environmental Protection Agency, 

Office of Resource Conservation and 

Recovery, Mail Code 5303P, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone (703) 308–7057; or 

(e-mail) foster.barbara@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 6, 2010, the Agency published 

in the Federal Register (75 FR 816) an 

Advance Notice of Proposed 

Rulemaking (ANPRM) that identified 

the classes of facilities within three 

industries—the Chemical 

Manufacturing industry (NAICS 325), 

the Petroleum and Coal Products 

Manufacturing industry (NAICS 324), 

and the Electric Power Generation, 

Transmission, and Distribution industry 

(NAICS 2211)—as those for which the 

Agency plans to develop, as necessary, 

proposed regulations identifying 

appropriate financial responsibility 

requirements under section 108(b) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). In addition, the Agency 

identified the Waste Management and 

Remediation Services industry (NAICS 

562), the Wood Product Manufacturing 

industry (NAICS 321), the Fabricated 

Metal Product Manufacturing industry 

(NAICS 332), the Electronics and 

Electrical Equipment Manufacturing 

industry (NAICS 334 and 335), as well 

as facilities engaged in the recycling of 

materials containing CERCLA hazardous 

substances as requiring further study 

before EPA decides whether to begin the 

regulatory development process. 

Following publication of the ANPRM, 

several members of the public requested 

that the Agency extend the comment 

period. The Agency received extension 

requests for 30 days, 45 days, and 60 

days. In response to these requests, the 

Agency is extending the comment 

period for 60 days, until April 6, 2010. 

Members of the public also will be able 

to provide additional comments to EPA 

after it publishes any proposed rules. 

In addition, the Agency wants to 

clarify the proper Docket Identification 

Number (Docket ID No.) associated with 

the January 2010 ANPRM. The heading 

of the ANPRM included an incorrect 

Docket Identification Number. 

Subsequent references to the docket, 

within the text of the ANPRM, were 

correct; the correct Docket ID No. (EPA– 

HQ–SFUND–2009–0834) is included in 

this extension notice of the comment 

period. 

Dated: January 29, 2010. 

Matthew Hale, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. 2010–2385 Filed 2–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 2, 3, 5, 6, 7, 8, 12, 13, 

15, 16, 17, 19, 22, 23, 28, 32, 36, 42, 43, 

50, and 52 

[FAR Case 2008–024; Docket 2010–0079, 

Sequence 1] 

RIN 9000–AL51 

Federal Acquisition Regulation; FAR 

Case 2008–024, Inflation Adjustment of 

Acquisition-Related Thresholds 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 5717 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

implement Section 807 of the Ronald W. 

Reagan National Defense Authorization 

Act for Fiscal Year 2005. The Act 

requires an adjustment every 5 years of 

acquisition-related thresholds for 

inflation using the Consumer Price 

Index for all urban consumers, except 

for Davis-Bacon Act, Service Contract 

Act, and trade agreements thresholds. 

The Councils are also proposing to use 

the same methodology to change 

nonstatutory FAR acquisition-related 

thresholds for adjustment in 2010. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before April 5, 2010 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2008–024 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2008–024’’ under 

the heading ‘‘Comment or Submission.’’ 

Select the link ‘‘Send a Comment or 

Submission’’ that corresponds with FAR 

Case 2008–024. Follow the instructions 

provided to complete the ‘‘Public 

Comment and Submission Form.’’ Please 

include your name, company name (if 

any), and ‘‘FAR Case 2008–024’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVPR), 1800 F Street, NW., Room 

4041, ATTN: Hada Flowers, 

Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2008–024 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 Regulatory Secretariat at (202) 501– 

4755. Please cite FAR case 2008–024. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This rule proposes to amend multiple 

FAR parts to implement Section 807 of 

the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year (FY) 

2005 (Pub. L. 108–375). Section 807 

requires an adjustment every 5 years (in 

years evenly divisible by 5) of 

acquisition-related thresholds for 

inflation using the Consumer Price 

Index for all urban consumers, except 

for Davis-Bacon Act, Service Contract 

Act, and trade agreements thresholds 

(see FAR 1.109). The Councils are also 

proposing to use the same methodology 

to change nonstatutory FAR acquisitionrelated thresholds for adjustment in 

2010. 

This is the second review of FAR 

acquisition-related thresholds. The last 

review was conducted under FAR case 

2004–033 during FY 2005. The final 

rule was published in the Federal 

Register on September 28, 2006 (71 FR 

57363). 

B. Analysis 

1. What is an acquisition-related 

threshold? 

This case builds on the review of FAR 

thresholds in FY 2005 and uses the 

same interpretation of the statutory 

definition of acquisition-related 

threshold. The statute defines an 

acquisition-related dollar threshold as a 

dollar threshold that is specified in law 

as a factor in defining the scope of the 

applicability of a policy, procedure, 

requirement, or restriction provided in 

that law to the procurement of property 

or services by an executive agency, as 

determined by the FAR Council. 

There are other thresholds in the FAR 

that, while not meeting this statutory 

definition of ‘‘acquisition-related,’’ 

nevertheless meet all the other criteria. 

These thresholds may have their origin 

in executive order or regulation. 

Therefore, as used in this case, an 

acquisition-related threshold is a 

threshold that is specified in law, 

executive order, or regulation as a factor 

in defining the scope of the applicability 

of a policy, procedure, requirement, or 

restriction provided in that law, 

executive order, or regulation to the 

procurement of property or services by 

an executive agency, as determined by 

the FAR Council. The Councils 

conclude from this definition that 

acquisition-related thresholds are 

generally tied to the value of a contract, 

subcontract, or modification. 

Examples of thresholds that are not 

viewed as ‘‘acquisition-related’’ as 

defined in this case are thresholds 

relating to claims, penalties, 

withholding, payments, required levels 

of insurance, small business size 

standards, liquidated damages, etc. This 

report does not address thresholds that 

are not acquisition-related. 

2. What acquisition-related thresholds 

are not subject to escalation adjustment 

under this case? 

The statute does not permit escalation 

of acquisition-related thresholds 

established by the Davis-Bacon Act, the 

Service Contract Act, or the United 

States Trade Representative pursuant to 

the authority of the Trade Agreements 

Act of 1979. 

The statute does not authorize the 

FAR to escalate thresholds originating 

in executive order or the implementing 

agency (such as the Department of Labor 

or the Small Business Administration), 

unless the executive order or agency 

regulations are first amended. 

3. How do the Councils analyze a 

statutory acquisition-related threshold? 

If an acquisition-related threshold is 

based on statute, the matrix at http:// 

www.regulations.gov (search FAR case 

2008–024) identifies the statute, and the 

statutory threshold, both the original 

threshold and any revision to it in 2006. 

With the exception of thresholds set 

by the Davis-Bacon Act, Service 

Contract Act, and the United States 

Trade Representative pursuant to the 

authority of the Trade Agreements Act 

of 1979, the statute requires that the 

FAR Council adjust the acquisitionrelated thresholds for inflation using the 

Consumer Price Index (CPI) for allurban consumers. Acquisition-related 

thresholds in statutes that were in effect 

on October 1, 2000 are only subject to 

escalation from that date forward. For 

purposes of this proposed rule, the 

matrix includes calculation of escalation 

based on the CPI from October 2000 to 

April 2010. Inflation from the average 

CPI value for 2007 to the average value 

for 2008 was 3.8 percent. The Councils 

have currently estimated the inflation 

for the next year at 4.2 percent, but will 

subsequently adjust as necessary before 

issuance of the final rule. Acquisitionrelated thresholds in statutes that took 

effect after October 1, 2000 are escalated 

from the date that they took effect. 

Once the escalation factor is applied 

to the acquisition-related threshold, 

then the threshold must be rounded as 

follows: 

< $10,000 .................. Nearest $500. 

$10,000–< $100,000 Nearest $5,000. 

$100,000– 

< $1,000,000.

Nearest $50,000. 

$1,000,000 or more ... Nearest $500,000. 

The calculations in this proposed rule 

are all based on the base year amount, 

because escalated amounts in the 2005 

rule were subject to rounding and using 

them as the base would distort future 

calculations. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
5718 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 

In 2005, thresholds of $1,000, 

$10,000, $100,000, and $1,000,000, 

although subject to inflation calculation, 

did not actually change, because the 

inflation in 2005 was insufficient to 

overcome the rounding requirements— 

the escalation factor, when applied, did 

not cause the escalated values to be high 

enough to round to the next higher 

value. However, in FY 2010, these 

thresholds will now escalate because of 

5 additional years of inflation. 

Section 807(c) of the statute states that 

this statute supersedes the applicability 

of any other provision of law that 

provides for the adjustment of any 

acquisition-related threshold that is 

adjustable under this statute. 

The thresholds for defining a major 

system were previously stated in Fiscal 

Year 1990 constant dollars for DoD and 

in Fiscal Year 1980 constant dollars for 

civilian agencies. The 2005 rule 

converted these major system thresholds 

to current year dollars, as of the date 

that the statute was enacted, that will 

now be adjusted every 5 years and both 

DoD and civilian agencies now abide by 

these thresholds. 

This proposed rule has been 

coordinated with the Department of 

Labor and the Small Business 

Administration in areas of the 

regulation for which they are the lead 

agency. As appropriate, changes to cost 

accounting standards (CAS) thresholds 

will be dealt with under a separate case. 

4. How do the Councils analyze a 

nonstatutory acquisition-related 

threshold? 

No statutory authorization is required 

to escalate thresholds that were set as 

policy within the FAR. Escalation of the 

FAR policy acquisition-related 

thresholds is recommended using the 

same formula applied to the statutory 

thresholds, unless a reason has been 

provided for not doing so. Escalation is 

calculated using the same procedures as 

were explained for the statutory 

thresholds, to provide consistency. 

In one case where a non-acquisitionrelated threshold was intended to equal 

the micro-purchase threshold, the 

Councils have revised it to specifically 

reference the micro-purchase threshold, 

in order to provide future escalation 

under follow-on cases (FAR 52.209–5). 

5. What is the effect of this proposed 

rule on the most heavily-used 

thresholds? 

This rule includes the following 

proposed changes to heavily-used 

thresholds: 

• The micro-purchase base threshold 

of $3,000 (FAR 2.101) will not be 

changed. 

• The simplified acquisition 

threshold (FAR 2.101) will be raised 

from $100,000 to $150,000. 

• The FedBizOpps preaward and 

post-award notices (FAR Part 5) remain 

at $25,000 because of trade agreements. 

• Commercial items test program 

ceiling (FAR 13.500) will be raised from 

$5,500,000 to $6,500,000. 

• The cost and pricing data threshold 

(FAR 15.403–4) will be raised from 

$650,000 to $700,000. 

• The prime contractor 

subcontracting plan (FAR 19.702) floor 

will be raised from $550,000 to 

$650,000, and the construction 

threshold of $1,000,000 increases to 

$1,500,000. 

This proposed rule is based on a 

projected CPI of 222 in April 2010. If the 

actual CPI in April 2010 is higher than 

222, then additional statutory 

thresholds will be subject to escalation 

in the final rule, even though not 

included in the proposed rule. For 

example, if the CPI is 224 in April 2010 

(an inflation rate of about 5 percent), the 

following statutory thresholds will 

increase as indicated in the table, 

although not included in the text of this 

proposed rule: 

FAR 2.101(b) ‘‘micropurchase threshold’’ ........................ $15,000 $20,000 

FAR 2.101(b) ‘‘small 

business subcontractor’’ ................... 10,000 15,000 

FAR 13.003(b), FAR 

13.201(g), and 

FAR 19.502–1(b) .. 15,000 20,000 

This proposed rule is a significant 

regulatory action and, therefore, was 

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. 

C. Regulatory Flexibility Act 

The Councils do not expect this 

proposed rule 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 

adjustment of acquisition-related 

thresholds for inflation is intended to 

maintain the status quo. The Councils 

note that the set-aside threshold of 

$100,000 increases to $150,000, which 

is not believed to be a detriment to 

small business. An Initial Regulatory 

Flexibility Analysis has, therefore, not 

been performed. The Councils invite 

comments from small business concerns 

and other interested parties on the 

expected impact of this rule on small 

entities. 

The Councils will also consider 

comments from small entities 

concerning the existing regulations in 

parts affected by this rule in accordance 

with 5 U.S.C. 610. Interested parties 

must submit such comments separately 

and should cite 5 U.S.C. 610 (FAR Case 

2008–024) in correspondence. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply. The proposed changes to the FAR 

do not impose new information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. By adjusting the thresholds for 

inflation, they maintain at the status quo 

the current information collection 

requirements under the following OMB 

clearance numbers: 9000–0006, 

Subcontracting Plans/Subcontracting 

Report for Individual Contract (SF 

294)—Sections Affected: Subpart 19.7, 

52.219–9; 9000–0007, Summary 

Subcontract Report—FAR Sections 

Affected: Subpart 19.7, 53.219, SF 295; 

9000–0013, Cost or Pricing Data 

Exemption—FAR Sections Affected: 

Subparts 15.4, 42.7, 52.214–28, 52.215– 

12, 52.215–13, 52.215–20, 52.215–21; 

9000–0018, Certification of Independent 

Price Determination and Parent 

Company and Identifying Data— 

Sections Affected: 3.103, 3.302; 9000– 

0022, Duty-Free Entry—FAR 48 CFR 

52.225–8—FAR Section Affected: 

52.225–8; 9000–0026, Change Order 

Accounting—43.205(f), 52.243–6; 9000– 

0027, Value Engineering 

Requirements—FAR Sections Affected: 

Subparts 48.1 and 48.2, 52.248–1, 

52.248–2, 52.248–3; 9000–0034, 

Examination of Records 5 CFR 1320.5(b) 

by Comptroller General and Contract 

Audit—Sections Affected: 52.215–2, 

52.212–5, 52.214–26; 9000–0045, Bid, 

Performance, and Payment Bonds—FAR 

Sections Affected: Subparts 28.1 and 

28.2, 52.228–1, 52.228–2, 52.228–13, 

52.228–15, 52.228–16; 9000–0058, 

Schedules for Construction Contracts— 

FAR Section Affected: 52.236–15; 9000– 

0060, Accident Prevention 48 CFR, 

52.236–13, Plans and Recordkeeping— 

FAR Section Affected: 52.236–13; 9000– 

0065, Overtime—FAR Sections 

Affected: 22.103, 52.222–2; 9000–0066, 

Professional Employee Compensation 

Plan, Subpart 22.11, 52.222–46; 9000– 

0073, Advance Payments—FAR 

Sections Affected: Subpart 32.4 and 

52.232–12; 9000–0077, Quality 

Assurance Requirements—FAR Sections 

Affected: Subparts 46.1 through 46.3, 

52.246–2 through 52.246–8, 52.246–10, 

52.246–12, 52.246–15; 9000–0080, 

Integrity of Unit Prices—Sections 

Affected: 15.408(f) and 52.215–14; 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 5719 

9000–0091, Anti-Kickback Procedures— 

FAR Sections Affected: 3.502, 52.203–7; 

9000–0094, Debarment and Suspension, 

FAR Sections Affected: 9.1, 9.4, 52.209– 

5, 52.212–3(h); 9000–0101, Drug-Free 

Workplace—FAR Section Affected: 

52.223–6(b)(5); 9000–0115, Notification 

of Ownership Changes—FAR Sections 

Affected: 15.408(k), 52.215–19; 9000– 

0133, Defense Production Act 

Amendments—FAR Sections Affected: 

34.1 and 52.234–1; 9000–0134, 

Environmentally Sound Products—FAR 

Sections Affected: 23.406 and 52.223–4; 

9000–0135, Prospective Subcontractor 

Requests for Bonds, FAR 28.106–4(b), 

52.228–12; 1215–0072, OFCCP 

Recordkeeping and Reporting 

Requirements—Supply and Service; and 

1215–0119, Requirements of a Bona 

Fide Thrift or Savings Plan (29 CFR part 

547) and Requirements of a Bona Fide 

Profit-Sharing Plan or Trust (29 CFR 

part 549). 

List of Subjects in 48 CFR Parts 1, 2, 3, 

5, 6, 7, 8, 12, 13, 15, 16, 17, 19, 22, 23, 

28, 32, 36, 42, 43, 50, and 52 

Government procurement. 

Dated: January 29, 2010. 

Al Matera, 

Director, Acquisition Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 1, 2, 3, 

5, 6, 7, 8, 12, 13, 15, 16, 17, 19, 22, 23, 

28, 32, 36, 42, 43, 50, and 52 as set forth 

below: 

1. The authority citation for 48 CFR 

parts 1, 2, 3, 5, 6, 7, 8, 12, 13, 15, 16, 

17, 19, 22, 23, 28, 32, 36, 42, 43, 50, 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 

1.109 [Amended] 

2. Amend section 1.109 by removing 

from paragraph (d) ‘‘http:// 

acquisition.gov/far/facsframe.html’’ and 

adding ‘‘http://www.regulations.gov 

(search FAR case 2008–024)’’ in its 

place. 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

2.101 [Amended] 

3. Amend section 2.101 in paragraph 

(b) by— 

a. Amending the definition ‘‘Major 

system’’ by removing from paragraph (1) 

‘‘$173.5 million’’ and adding ‘‘$193.5 

million’’ in its place, removing ‘‘$814.5 

million’’ and adding ‘‘$907.5 million’’ in 

its place; and removing from paragraph 

(2) ‘‘$1.8 million’’ and adding ‘‘$2 

million’’ in its place; 

b. Amending the definition ‘‘Micropurchase threshold’’ by removing from 

paragraph (3)(ii) ‘‘$25,000’’ and adding 

‘‘$30,000’’ in its place; and 

c. Amending the definition 

‘‘Simplified acquisition threshold’’ by 

removing from the introductory 

paragraph ‘‘$100,000’’ and adding 

‘‘$150,000’’ in its place; and removing 

from paragraph (1) ‘‘$250,000’’ and 

adding ‘‘$300,000’’ in its place. 

PART 3—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

3.502–2 [Amended] 

4. Amend section 3.502–2 by 

removing from paragraph (i) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place. 

3.804 [Amended] 

5. Amend section 3.804 by removing 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 

3.808 [Amended] 

6. Amend section 3.808 by removing 

from paragraphs (a) and (b) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place. 

PART 5—PUBLICIZING CONTRACT 

ACTIONS 

5.101 [Amended] 

7. Amend section 5.101 by removing 

from the introductory text of paragraph 

(a)(2) ‘‘$10,000’’ and adding ‘‘$15,000’’ in 

its place. 

5.205 [Amended] 

8. Amend section 5.205 by removing 

from paragraph (d)(2) ‘‘$10,000’’ and 

adding ‘‘$15,000’’ in its place. 

5.206 [Amended] 

9. Amend section 5.206 by— 

a. Removing from paragraph (a)(1) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place; and 

b. Removing from paragraph (a)(2) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place, and removing ‘‘$10,000’’ and 

adding ‘‘$15,000’’ in its place. 

5.303 [Amended] 

10. Amend section 5.303 by removing 

from the introductory text of paragraph 

(a) ‘‘$3.5 million’’ and adding ‘‘$4 

million’’ in its place. 

PART 6—COMPETITION 

REQUIREMENTS 

6.304 [Amended] 

11. Amend section 6.304 by— 

a. Removing from paragraph (a)(1) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place; 

b. Removing from paragraph (a)(2) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$11.5 million’’ and 

adding ‘‘$13 million’’ in its place; 

c. Removing from the introductory 

text of paragraph (a)(3) ‘‘$11.5 million’’ 

and adding ‘‘$13 million’’ in its place, 

removing ‘‘$57 million’’ and adding ‘‘$64 

million’’ in its place, and removing 

‘‘$78.5 million’’ and adding ‘‘$87 

million’’ in its place; and 

d. Removing from paragraph (a)(4) 

‘‘$57 million’’ and adding ‘‘$64 million’’ 

in its place, and removing ‘‘$78.5 

million’’ and adding ‘‘$87 million’’ in its 

place. 

PART 7—ACQUISITION PLANNING 

7.104 [Amended] 

12. Amend section 7.104 by— 

a. Removing from paragraph 

(d)(2)(i)(A) ‘‘$7.5 million’’ and adding 

‘‘$8 million’’ in its place; 

b. Removing from paragraph 

(d)(2)(i)(B) ‘‘$5.5 million’’ and adding 

‘‘$6 million’’ in its place; and 

c. Removing from paragraph 

(d)(2)(i)(C) ‘‘$2 million’’ and adding 

‘‘$2.5 million’’ in its place. 

7.107 [Amended] 

13. Amend section 7.107 by— 

a. Removing from paragraph (b)(1) 

‘‘$86 million’’ and adding ‘‘$95.5 

million’’ in its place; and 

b. Removing from paragraph (b)(2) 

‘‘$8.6 million’’ and adding ‘‘$9.5 million’’ 

in its place, and removing ‘‘$86 million’’ 

and adding ‘‘$95.5 million’’ in its place. 

PART 8—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

8.405–6 [Amended] 

14. Amend section 8.405–6 by— 

a. Removing from paragraph (h)(1) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place; 

b. Removing from paragraph (h)(2) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$11.5 million’’ and 

adding ‘‘$13 million’’ in its place; 

c. Removing from the introductory 

text of paragraph (h)(3) ‘‘$11.5 million’’ 

and adding ‘‘$13.5 million’’ in its place, 

removing ‘‘$57 million’’ and adding ‘‘$64 

million’’ in its place, and removing 

‘‘$78.5 million’’ and adding ‘‘$87 

million’’ in its place; and 

d. Removing from paragraph (h)(4) 

‘‘$57 million’’ and adding ‘‘$64 million’’ 

in its place, and removing ‘‘$78.5 

million’’ and adding ‘‘$87 million’’ in its 

place. 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

12.102 [Amended] 

15. Amend section 12.102 by 

removing from the introductory text of 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
5720 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 

paragraph (f)(2) ‘‘$16 million’’ and 

adding ‘‘$18 million’’ in its place; and 

removing from paragraph (g)(1)(ii) ‘‘$27 

million’’ and adding ‘‘$30 million’’ in its 

place. 

12.203 [Amended] 

16. Amend section 12.203 by 

removing ‘‘$5.5 million’’ and adding 

‘‘$6.5 million’’ in its place, and removing 

‘‘$11 million’’ and adding ‘‘$12 million’’ 

in its place. 

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES 

13.000 [Amended] 

17. Amend section 13.000 by 

removing ‘‘$5.5 million’’ and adding 

‘‘$6.5 million’’ in its place, and removing 

‘‘$11 million’’ and adding ‘‘$12 million’’ 

in its place. 

13.003 [Amended] 

18. Amend section 13.003 by— 

a. Removing from paragraph (b)(1) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place, and removing ‘‘$250,000’’ and 

adding ‘‘$300,000’’ in its place; 

b. Removing from paragraph (c)(1)(ii) 

‘‘$5.5 million’’ and adding ‘‘$6.5 million’’ 

in its place, and removing ‘‘$11 million’’ 

and adding ‘‘$12 million’’ in its place; 

and 

c. Removing from paragraph (g)(2) 

‘‘$5.5 million’’ and adding ‘‘$6.5 

million’’, and removing ‘‘$11 million’’ 

and adding ‘‘$12 million’’ in its place. 

13.005 [Amended] 

19. Amend section 13.005 by 

removing from paragraph (a)(5) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 

13.201 [Amended] 

20. Amend section 13.201 by 

removing from paragraph (g)(1)(ii) 

‘‘$25,000’’ and adding ‘‘$30,000’’ in its 

place. 

13.303–5 [Amended] 

21. Amend section 13.303–5 by— 

a. Removing from paragraph (b)(1) 

‘‘$5.5 million’’ and adding ‘‘$6.5 million’’ 

in its place, and removing ‘‘$11 million’’ 

and adding ‘‘$12 million’’ in its place; 

and 

b. Removing from paragraph (b)(2) 

‘‘$5.5 million’’ and adding ‘‘$6.5 million’’ 

in its place, and removing ‘‘$11 million’’ 

and adding ‘‘$12 million’’ in its place. 

13.500 [Amended] 

22. Amend section 13.500 by— 

a. Removing from paragraph (a) ‘‘$5.5 

million’’ and adding ‘‘$6.5 million’’ in its 

place, and removing ‘‘$11 million’’ and 

adding ‘‘$12 million’’ in its place; and 

b. Removing from the introductory 

text of paragraph (e) ‘‘$11 million’’ and 

adding ‘‘$12 million’’ in its place. 

13.501 [Amended] 

23. Amend section 13.501 by— 

a. Removing from paragraph (a)(2)(i) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place, and removing ‘‘$550,000’’ and 

adding ‘‘$650,000’’ in its place; 

b. Removing from paragraph (a)(2)(ii) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$11.5 million’’ and 

adding ‘‘$13 million’’ in its place; 

c. Removing from paragraph (a)(2)(iii) 

‘‘$11.5 million’’ and adding ‘‘$13 

million’’ in its place, removing ‘‘$57 

million’’ and adding ‘‘$64 million’’ in its 

place, and removing ‘‘$78.5 million’’ and 

adding ‘‘$87 million’’ in its place; and 

d. Removing from paragraph (a)(2)(iv) 

‘‘$57 million’’ and adding ‘‘$64 million’’ 

in its place, and removing ‘‘$78.5 

million’’ and adding ‘‘$87 million’’ in its 

place. 

PART 15—CONTRACTING BY 

NEGOTIATION 

15.304 [Amended] 

24. Amend section 15.304 by 

removing from paragraph (c)(4) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and by removing ‘‘$1,000,000’’ 

and adding ‘‘$1.5 million’’ in its place. 

15.403–1 [Amended] 

25. Amend section 15.403–1 by 

removing from paragraph (c)(3)(iv) ‘‘$16 

million’’ and adding ‘‘$18 million’’ in its 

place. 

15.403–4 [Amended] 

26. Amend section 15.403–4 by 

removing from the introductory texts of 

paragraphs (a)(1) and (a)(1)(iii) 

‘‘$650,000’’ and adding ‘‘$700,000’’ in its 

place. 

15.404–3 [Amended] 

27. Amend section 15.404–3 by 

removing from paragraph (c)(1)(i) ‘‘$11.5 

million’’ and adding ‘‘$13 million’’ in its 

place. 

15.407–2 [Amended] 

28. Amend section 15.407–2 by 

removing from paragraph (c)(1) and the 

introductory text of paragraph (c)(2) 

‘‘$11.5 million’’ and adding ‘‘$13 

million’’ in its place. 

15.408 [Amended] 

29. Amend section 15.408 in Table 

15–2, ‘‘II. Cost Elements’’ which follows 

paragraph (n)(2)(iii), by removing from 

paragraph ‘‘A(2)’’ ‘‘$11.5 million’’ and 

adding ‘‘$13 million’’. 

PART 16—TYPES OF CONTRACTS 

16.206–2 [Amended] 

30. Amend section 16.206–2 by 

removing from the introductory 

paragraph ‘‘$100,000’’ and adding 

‘‘$150,000’’ in its place. 

16.206–3 [Amended] 

31. Amend section 16.206–3 by 

removing from paragraph (a) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place. 

16.207–3 [Amended] 

32. Amend section 16.207–3 by 

removing from paragraph (d) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place. 

16.503 [Amended] 

33. Amend section 16.503 by 

removing from paragraph (b)(2) ‘‘$100 

million’’ and adding ‘‘$105 million’’ in 

its place; and removing from paragraph 

(d)(1) ‘‘$11.5 million’’ and adding ‘‘$13 

million’’ in its place. 

16.504 [Amended] 

34. Amend section 16.504 by 

removing from the introductory texts of 

paragraphs (c)(1)(ii)(D)(1) and 

(c)(1)(ii)(D)(3) ‘‘$100 million’’ and 

adding ‘‘$105 million’’ in its place; and 

removing from the introductory text of 

paragraph (c)(2)(i) ‘‘$11.5 million’’ and 

adding ‘‘$13 million’’ in its place. 

16.505 [Amended] 

35. Amend section 16.505 by— 

a. Removing from the introductory 

text of paragraph (b)(1)(ii) ‘‘$5 million’’ 

and adding ‘‘$5.5 million’’ in its place; 

b. Removing from the heading of 

paragraph (b)(1)(iii) ‘‘$5 million’’ and 

adding ‘‘$5.5 million’’ in its place, and 

removing ‘‘$5 million’’ and adding ‘‘$5.5 

million’’ in its place; and 

c. Removing from the heading of 

paragraph (b)(4) ‘‘$5 million’’ and adding 

‘‘$5.5 million’’ in its place, and removing 

‘‘$5 million’’ and adding ‘‘$5.5 million’’ 

in its place. 

16.506 [Amended] 

36. Amend section 16.506 by 

removing from paragraphs (f) and (g) 

‘‘$11.5 million’’ and adding ‘‘$13 

million’’ in its place. 

PART 17—SPECIAL CONTRACTING 

METHODS 

17.108 [Amended] 

37. Amend section 17.108 by 

removing from paragraph (a) ‘‘$11.5 

million’’ and adding ‘‘$13 million’’ in its 

place; and removing from paragraph (b) 

‘‘$114.5 million’’ and adding ‘‘$127.5 

million’’ in its place. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 5721 

PART 19—SMALL BUSINESS 

PROGRAMS 

19.502–2 [Amended] 

38. Amend section 19.502–2 by— 

a. Removing from paragraph (a) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place each time it appears (twice), and 

removing ‘‘$250,000’’ and adding 

‘‘$300,000’’ in its place; and 

b. Removing from paragraph (b) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 

19.508 [Amended] 

39. Amend section 19.508 by 

removing from paragraph (e) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place. 

19.702 [Amended] 

40. Amend section 19.702 by— 

a. Removing from paragraph (a)(1) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$1,000,000’’ and 

adding ‘‘$1.5 million’’ in its place; and 

b. Removing from paragraph (a)(2) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$1,000,000’’ and 

adding ‘‘$1.5 million’’ in its place. 

19.704 [Amended] 

41. Amend section 19.704 by 

removing from paragraph (a)(9) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$1,000,000’’ and 

adding ‘‘$1.5 million’’ in its place. 

19.708 [Amended] 

42. Amend section 19.708 by 

removing from paragraph (b)(1) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$1,000,000’’ and 

adding ‘‘$1.5 million’’ in its place. 

19.805–1 [Amended] 

43. Amend section 19.805–1 by 

removing from paragraph (a)(2) ‘‘$5.5 

million’’ and adding ‘‘$6.5 million’’ in its 

place, and removing ‘‘$3.5 million’’ and 

adding ‘‘$4 million’’ in its place. 

19.1202–2 [Amended] 

44. Amend section 19.1202–2 by 

removing from paragraph (a) ‘‘$550,000’’ 

and adding ‘‘$650,000’’ in its place, and 

removing ‘‘$1,000,000’’ and adding ‘‘$1.5 

million’’ in its place. 

19.1306 [Amended] 

45. Amend section 19.1306 by 

removing from paragraph (a)(2)(i) ‘‘$5.5 

million’’ and adding ‘‘$6.5 million’’ in its 

place; and removing from paragraph 

(a)(2)(ii) ‘‘$3.5 million’’ and adding ‘‘$4 

million’’ in its place. 

19.1406 [Amended] 

46. Amend section 19.1406 by 

removing from paragraph (a)(2)(i) ‘‘$5.5 

million’’ and adding ‘‘$6 million’’ in its 

place; and removing from paragraph 

(a)(2)(ii) ‘‘$3 million’’ and adding ‘‘$3.5 

million’’ in its place. 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.305 [Amended] 

47. Amend section 22.305 by 

removing from paragraph (a) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place. 

22.602 [Amended] 

48. Amend section 22.602 by 

removing ‘‘$10,000’’ and adding 

‘‘$15,000’’ in its place. 

22.603 [Amended] 

49. Amend section 22.603 by 

removing from paragraph (b) ‘‘$10,000’’ 

and adding ‘‘$15,000’’ in its place. 

22.605 [Amended] 

50. Amend section 22.605 by 

removing from paragraphs (a)(1), (a)(2), 

(a)(3), and (a)(5) ‘‘$10,000’’ and adding 

‘‘$15,000’’ in its place each time it 

appears (six times). 

22.1103 [Amended] 

51. Amend section 22.1103 by 

removing ‘‘$550,000’’ and adding 

‘‘$650,000’’ in its place. 

22.1402 [Amended] 

52. Amend section 22.1402 by 

removing from paragraph (a) ‘‘$10,000’’ 

and adding ‘‘$15,000’’ in its place. 

22.1408 [Amended] 

53. Amend section 22.1408 by 

removing from the introductory text of 

paragraph (a) ‘‘$10,000’’ and adding 

‘‘$15,000’’ in its place. 

PART 23—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

23.406 [Amended] 

54. Amend section 23.406 by 

removing from paragraph (d) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place. 

PART 28—BONDS AND INSURANCE 

28.102–1 [Amended] 

55. Amend section 28.102–1 by 

removing from paragraphs (a) and (b)(1) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 

28.102–2 [Amended] 

56. Amend section 28.102–2 by 

removing from the headings of 

paragraphs (b) and (c) ‘‘$100,000’’ and 

adding ‘‘$150,000’’ in its place. 

28.102–3 [Amended] 

57. Amend section 28.102–3 by 

removing from paragraphs (a) and (b) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 

PART 32—CONTRACT FINANCING 

32.404 [Amended] 

58. Amend section 32.404 by 

removing from paragraph (a)(7)(i) 

‘‘$10,000’’ and adding ‘‘$15,000’’ in its 

place. 

PART 36—CONSTRUCTION AND 

ARCHITECT—ENGINEER CONTRACTS 

36.501 [Amended] 

59. Amend section 36.501 by 

removing from paragraph (b) 

‘‘$1,000,000’’ and adding ‘‘$1.5 million’’ 

in its place each time it appears (twice). 

PART 42—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

42.709 [Amended] 

60. Amend section 42.709 by 

removing from paragraph (b) ‘‘$650,000’’ 

and adding ‘‘$700,000’’ in its place. 

42.709–6 [Amended] 

61. Amend section 42.709–6 by 

removing ‘‘$650,000’’ and adding 

‘‘$700,000’’ in its place. 

42.1502 [Amended] 

62. Amend section 42.1502 by 

removing from paragraph (e) ‘‘$550,000’’ 

and adding ‘‘$650,000’’ in its place each 

time it appears (twice). 

PART 50—EXTRAORDINARY 

CONTRACTUAL ACTIONS AND THE 

SAFETY ACT 

50.102–1 [Amended] 

63. Amend section 50.102–1 by 

removing from paragraph (b) ‘‘$55,000’’ 

and adding ‘‘$65,000’’ in its place. 

50.102–3 [Amended] 

64. Amend section 50.102–3 by 

removing from paragraph (b)(4) ‘‘$28.5 

million’’ and adding ‘‘$32 million’’ in its 

place; and removing from paragraphs 

(e)(1)(i) and (e)(1)(ii) ‘‘$55,000’’ and 

adding ‘‘$65,000’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.203–7 [Amended] 

65. Amend section 52.203–7 by 

removing from the clause heading ‘‘(Jul 

1995)’’ and adding ‘‘(Date)’’ in its place; 

and removing from paragraph (c)(5) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
5722 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 

52.203–12 [Amended] 

66. Amend section 52.203–12 by 

removing from the clause heading ‘‘(Sep 

2007)’’ and adding ‘‘(Date)’’ in its place; 

and removing from paragraphs (g)(1) 

and (g)(3) ‘‘$100,000’’ and adding 

‘‘$150,000’’ in its place. 

52.204–8 [Amended] 

67. Amend section 52.204–8 by 

removing from the provision heading 

‘‘(Feb 2009)’’ and adding ‘‘(Date)’’ in its 

place; and removing from paragraph 

(c)(1)(ii) ‘‘$100,000’’ and adding 

‘‘$150,000’’ in its place. 

52.212–3 [Amended] 

68. Amend section 52.212–3 by 

removing from the provision heading 

‘‘(Aug 2009)’’ and adding ‘‘(Date)’’ in its 

place; and removing from paragraph (e) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 

52.212–5 [Amended] 

69. Amend section 52.212–5 by— 

a. Removing from the clause heading 

‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its 

place; 

b. Removing from paragraph (b)(11)(i) 

‘‘(Apr 2008)’’ and adding ‘‘(Date)’’ in its 

place; 

c. Removing from paragraph (b)(24) 

‘‘(Jun 1998)’’ and adding ‘‘(Date)’’ in its 

place; 

d. Removing from paragraph (e)(1)(ii) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$1,000,000’’ and 

adding ‘‘$1.5 million’’ in its place; 

e. Removing from paragraph (e)(1)(vi) 

‘‘(Jun 1998)’’ and adding ‘‘(Date)’’ in its 

place; and 

f. In Alternate II by— 

1. Removing from the Alternate 

heading ‘‘(Dec 2009)’’ and adding 

‘‘(Date)’’ in its place; 

2. Removing from paragraph 

(e)(1)(ii)(C) ‘‘$550,000’’ and adding 

‘‘$650,000’’ in its place, and removing 

‘‘$1,000,000’’ and adding ‘‘$1.5 million’’ 

in its place; and 

3. Removing from paragraph 

(e)(1)(ii)(F) ‘‘(June 1998)’’ and adding 

‘‘(Date)’’ in its place. 

52.213–4 [Amended] 

70. Amend section 52.213–4 by— 

a. Removing from the clause heading 

‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its 

place; 

b. Removing from paragraph (a)(2)(vi) 

‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its 

place; 

c. Removing from paragraph (b)(1)(ii) 

‘‘(Dec 1996)’’ and adding ‘‘(Date)’’ in its 

place, and removing ‘‘$10,000’’ and 

adding ‘‘$15,000’’ in its place; and 

d. Removing from paragraph (b)(1)(iv) 

‘‘(June 1998)’’ and adding ‘‘(Date)’’ in its 

place, and removing ‘‘$10,000’’ and 

adding ‘‘$15,000’’ in its place. 

52.219–9 [Amended] 

71. Amend section 52.219–9 by— 

a. Removing from the clause heading 

‘‘(Apr 2008)’’ and adding ‘‘(Date)’’ in its 

place; 

b. Removing from paragraph (d)(9) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$1,000,000’’ and 

adding ‘‘$1.5 million’’ in its place; 

c. Removing from the introductory 

text of paragraph (d)(11)(iii) ‘‘$100,000’’ 

and adding ‘‘$150,000’’ in its place; and 

d. Removing from paragraph 

(l)(2)(i)(C) ‘‘$550,000’’ and adding 

‘‘$650,000’’ in its place, and removing 

‘‘$1,000,000’’ and adding ‘‘$1.5 million’’ 

in its place. 

52.222–20 [Amended] 

72. Amend section 52.222–20 by 

removing from the clause heading ‘‘(Dec 

1996)’’ and adding ‘‘(Date)’’ in its place; 

and removing from the introductory 

paragraph ‘‘$10,000’’ and adding 

‘‘$15,000’’ in its place. 

52.222–36 [Amended] 

73. Amend section 52.222–36 by 

removing from the clause heading ‘‘(Jun 

1998)’’ and adding ‘‘(Date)’’ in its place; 

and removing from paragraph (d) 

‘‘$10,000’’ and adding ‘‘$15,000’’ in its 

place. 

52.225–8 [Amended] 

74. Amend section 52.225–8 by 

removing from the clause heading ‘‘(Feb 

2000)’’ and adding ‘‘(Date)’’ in its place; 

and removing from the introductory 

texts of paragraphs (c)(1) and (j)(2) 

‘‘$10,000’’ and adding ‘‘$15,000’’ in its 

place. 

52.228–15 [Amended] 

75. Amend section 52.228–15 by 

removing from the clause heading ‘‘(Nov 

2006)’’ and adding ‘‘(Date)’’ in its place; 

and removing from the introductory text 

of paragraph (b) ‘‘$100,000’’ and adding 

‘‘$150,000’’ in its place. 

52.244–6 [Amended] 

76. Amend section 52.244–6 by— 

a. Removing from the clause heading 

‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its 

place; 

b. Removing from paragraph (c)(1)(iii) 

‘‘$550,000’’ and adding ‘‘$650,000’’ in its 

place, and removing ‘‘$1,000,000’’ and 

adding ‘‘$1.5 million’’ in its place; and 

c. Removing from paragraph (c)(1)(vi) 

‘‘(Jun 1998)’’ and adding ‘‘(Date)’’ in its 

place. 

52.248–1 [Amended] 

77. Amend section 52.248–1 by 

removing from the clause heading ‘‘(Feb 

2000)’’ and adding ‘‘(Date)’’ in its place; 

and removing from paragraph (l) 

‘‘$100,000’’ and adding ‘‘$150,000’’ in its 

place. 

52.248–3 [Amended] 

78. Amend section 52.248–3 by 

removing from the clause heading ‘‘(Sep 

2006)’’ and adding ‘‘(Date)’’ in its place; 

and removing from paragraph (h) 

‘‘$55,000’’ and adding ‘‘$65,000’’ in its 

place. 

[FR Doc. 2010–2318 Filed 2–3–10; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket OST–2010–0026] 

RIN 2105–AD95 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs 

AGENCY: Office of the Secretary, DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of 

Transportation is proposing to amend 

certain provisions of its drug testing 

procedures dealing with laboratory 

testing of urine specimens. Some of the 

proposed changes will also affect the 

roles and standards applying to 

collectors and Medical Review Officers. 

The proposed changes are intended to 

create consistency with new 

requirements established by the U.S. 

Department of Health and Human 

Services Mandatory Guidelines. 

DATES: Comments to the notice of 

proposed rulemaking should be 

submitted by April 5, 2010. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., West Building 

Ground Floor Room W12–140, 

Washington, DC 20590–0001; 

• Hand Delivery: West Building 

Ground Floor, Room W–12–140 1200 

New Jersey Ave., SE., between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329; 


jlentini on DSKJ8SOYB1PROD with PROPOSALS