33752 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules 

6. Section 97.307 is amended by 

adding new paragraph (f)(14) to read as 

follows. 

§ 97.307 Emission standards. 

* * * * * 

(f) * * * 

(14) In the 60 m band: 

(i) A station may transmit only phone, 

data, and CW emissions using the 

emission designators and any additional 

restrictions that are specified in the 

table below (except that the use of a 

narrower necessary bandwidth is 

permitted): 

60 M BAND EMISSION REQUIREMENTS

Emission type Emission designator Restricted to 

Phone ......................................................................... 2K80J3E .................................................................... Upper sideband only. 

Data ............................................................................ 2K80J2D .................................................................... Data using PACTOR–III technique. 

Do ............................................................................... 60H0J2B .................................................................... Data using PSK31 technique. 

CW ............................................................................. 150HA1A ...................................................................

(ii) The following requirements also 

apply: 

(A) When transmitting phone 

emissions, the suppressed carrier 

frequency must be set as specified in 

97.303(h). 

(B) The control operator of a station 

transmitting data emissions must 

exercise care to limit the length of 

transmission so as to avoid causing 

harmful interference to United States 

Government stations. 

7. Section 97.313 is amended by 

adding paragraph (i) to read as follows. 

§ 97.313 Transmitter power standards. 

* * * * * 

(i) No station may transmit with an 

effective radiated power (ERP) 

exceeding 100 W PEP on the 60 m band. 

For the purpose of computing ERP, the 

transmitter PEP will be multiplied by 

the antenna gain relative to a dipole or 

the equivalent calculation in decibels. A 

half-wave dipole antenna will be 

presumed to have a gain of 1. Licensees 

using other antennas must maintain in 

their station records either the antenna 

manufacturer’s data on the antenna gain 

or calculations of the antenna gain. 

[FR Doc. 2010–14384 Filed 6–14–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 203, 212, and 252 

[DFARS Case 2009–D015] 

RIN 0750–AG63 

Defense Federal Acquisition 

Regulation Supplement; 

Organizational Conflicts of Interest in 

Major Defense Acquisition Programs 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments; extension of comment 

period. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement section 207 of the Weapons 

System Acquisition Reform Act of 2009. 

The comment period is being extended 

an additional 30 days to provide 

additional time for interested parties to 

review the proposed DFARS changes. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before July 

21, 2010, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D015, 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D015 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Ms. Amy Williams, OUSD 

(AT&L) DPAP (DARS), 3060 Defense 

Pentagon, Room 3B855, Washington, DC 

20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published a proposed rule in the 

Federal Register on April 22, 2010 (75 

FR 20954), with a request for comment 

by June 21, 2010. DoD is extending the 

comment period for 30 additional days 

to provide an additional time for 

interested parties to review the 

proposed DFARS changes. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2010–14392 Filed 6–14–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 919, 922, 923, 924, 925, 

926, and 952 

RIN 1991–AB87 

Acquisition Regulation: 

Socioeconomic Programs 

AGENCY: Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE) is proposing to amend the 

Department of Energy Acquisition 

Regulation (DEAR) Socioeconomic 

Programs to make changes to conform to 

the FAR, remove out-of-date coverage, 

and to update references. Today’s 

proposed rule does not alter substantive 

rights or obligations under current law. 

DATES: Written comments on the 

proposed rulemaking must be received 

on or before close of business July 15, 

2010. 

ADDRESSES: This proposed rule is 

available online at www.regulation.gov 

and you may submit comments, 

identified by DEAR: Subchapter D and 

RIN 1991–AB87, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail to: 

DEARrulemaking@hq.doe.gov. Include 

DEAR: Subchapter D and RIN 1991– 

AB87 in the subject line of the message. 

• Mail to: U.S. Department of Energy, 

Office of Procurement and Assistance 

Management, MA–611, 1000 

Independence Avenue, SW., 


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Washington, DC 20585. Comments by email are encouraged. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Binney at (202) 287–1340 or by 

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

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Section-by-Section Analysis 

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. Approval by the Office of the Secretary 

of Energy 

I. Background 

The objective of this action is to 

update the existing Department of 

Energy Acquisition Regulation (DEAR) 

Subchapter D which has sections that 

need to be updated to conform to the 

Federal Acquisition Regulation (FAR). 

None of these changes are substantive or 

of a nature to cause any significant 

expense for DOE or its contractors. 

Changes are proposed to DEAR parts 

919, 922, 923, 925, 926, and 952. A new 

part 924 is added to the DEAR. There 

are no DEAR parts 920 or 921. DEAR 

parts 919 and 926 will have another 

proposed rule to cover additional 

changes. 

II. Section-by-Section Analysis 

DOE proposes to amend the DEAR as 

follows: 

1. Section 919.201 is amended by 

removing ‘‘DOE’’ in the first sentence of 

paragraph (c) and adding in its place 

‘‘Department of Energy (DOE)’’. 

2. A new section 919.502 is added 

and the title of section 919.502–2 is 

revised to ‘‘Total small business setasides’’ to conform to the FAR. 

3. Section 919.503 is amended by 

revising the heading to ‘‘Setting aside a 

class of acquisitions for small business’’ 

and by removing ‘‘SBA’’ and adding in 

its place ‘‘Small Business 

Administration (SBA)’’ in the first 

sentence. 

4. Section 919.7 is amended by 

revising the title heading to read ‘‘The 

Small Business Subcontracting 

Program’’ to conform to the FAR. 

5. Sections 919.7007, 919.7009, 

919.7010, and 919.7011 are amended by 

revising the punctuation in the 

introductory text to remove the ‘‘.’’ and 

adding in its place ‘‘—’’. 

6. Subpart 922.6 is removed and 

reserved. This subpart implemented 

detailed instructions on protests of 

eligibility determinations (FAR 22.608) 

that were deleted from the FAR on 

December 20, 1996, 61 FR 67410. 

7. Subpart 923.4 is removed in its 

entirety, including section 923.405, and 

reserved. The FAR has the current 

procedures, therefore a DOE supplement 

is unnecessary. 

8. Subpart 923.5 is amended by 

adding a new section 923.500 Scope of 

subpart. This section clarifies that for 

contracts performed at DOE sites, in lieu 

of FAR Subpart 23.5, contracting 

activities shall use 923.570, Workplace 

Substance Abuse Programs at DOE Sites. 

9. Section 923.570–1 is amended by 

renumbering paragraph (a) and 

removing paragraph (b) in its entirety. 

By adding the new section 923.500, 

paragraph (b) at 923.570–1 is not 

needed. 

10. Section 923.570–3 is amended by 

correcting the clause reference in 

paragraph (a) to 970.5223–4, Workplace 

Substance Abuse Programs at DOE Sites. 

11. Subpart 923.7 is removed in its 

entirety, including section 923.703, and 

reserved. DOE Directive 430.2B 

implements the Executive Order 13149 

on environmental issues. 

12. Section 923.7003 is amended by 

adding a new paragraph (h) to add a 

prescription on when to use the existing 

clauses at 952.223–75, Preservation of 

Individual Occupational Radiation 

Exposure Records, in contracts 

containing 952.223–71, Integration of 

Environment, Safety, and Health into 

Work Planning and Execution, or 

952.223–72, Radiation Protection and 

Nuclear Criticality. 

13. Part 924 is a new part being added 

titled Part 924—Protection of Privacy 

and Freedom of Information. This new 

part provides the cross reference to 

DOE’s regulations at 10 CFR part 1008, 

which implement the procedures 

prescribed at FAR 24.103. 

14. Section 925.103(b)(2)(ii) is added 

to prescribe the DOE procedures for 

proposed additions to the list of 

nonavailable items at FAR 25.104 list. 

15. Section 925.202 is renamed 

‘‘Exceptions’’ to conform with the FAR. 

16. Section 925.202(b) is redesignated 

‘‘925.202(a)(2)’’ and ‘‘FAR 25.202(a)(3)’’ 

in the first sentence is changed to read 

‘‘48 CFR 25.202(a)(2), if the cost of the 

materials is not expected to exceed 

$100,000’’ to conform with the FAR and 

make the paragraph more concise. 

17. Subpart 925.9 is redesignated to 

read ‘‘925.10’’ and the title is amended 

to read ‘‘Additional Foreign Acquisition 

Regulations’’ to conform to the FAR. 

18. Section 925.901 is redesignated to 

read ‘‘925.1001 Waiver of right to 

examination of records.’’ 

19. Section 925.901(c) is redesignated 

to read ‘‘925.1001(b) Determination and 

findings.’’ Additionally, the first 

sentence is revised to read ‘‘A 

determination and finding required at 

48 CFR 25.1001(b) shall be forwarded to 

either the Director, Office of Contract 

Management, Office of Procurement and 

Assistance Management, or for the 

National Nuclear Security 

Administration (NNSA), to the Director, 

Office of Acquisition and Supply 

Management, for coordination of the 

Secretary’s approval.’’ 

20. Section 926.7001 is amended by 

removing ‘‘Department of Energy’’ and 

adding in its place ‘‘Department of 

Energy (DOE)’’ in the first sentence in 

paragraph (a), changing the punctuation 

in paragraph (c) and revising paragraph 

(e) to read ‘‘48 CFR subpart 15.6 and 

subpart 915.6’’ to conform with the FAR. 

21. Sections 926.7005, 926.7006, and 

926.7102 are amended by revising the 

punctuation. 

22. Clauses 952.223–76 and 952.223– 

77 are amended to update the references 

to DOE Orders and Manuals. 

23. Clauses 952.226–70 and 952.226– 

72 are amended by revising the title of 

the subcontracting plan to reflect the 

correct name, Small Business 

Subcontracting Plan. 

24. Clauses 952.226–70, 952.226–71, 

952.226–72, 952.226–73 are amended to 

revise the punctuation. 

25. Throughout, sections were 

amended as follows: Removing ‘‘FAR’’ or 

‘‘DEAR’’ and adding ‘‘48 CFR’’; removing 

‘‘(FAR)’’, ‘‘DEAR’’, or ‘‘48 CFR’’; revising 

the punctuation; and capitalizing 

Offeror, 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), 


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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, alternatively, 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 proposed 

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 proposed rule does not alter 

any substantive rights or obligations. 

Consequently, today’s proposed 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 

proposed 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 proposed 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 proposed 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 proposed rule is 

categorically excluded from NEPA 

review because the amendments to the 

DEAR are strictly procedural 

(categorical exclusion A6). Therefore, 

this proposed 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 the proposed 

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 

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 rulemaking 

proposes changes that do not alter any 

substantive rights or obligations. This 

proposed rule does not impose any 

mandates. 

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 rulemaking 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 proposed 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 proposed rule is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 


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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 the proposed rule under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Approval by the Office of the 

Secretary of Energy 

Issuance of this proposed rule has 

been approved by the Office of the 

Secretary. 

List of Subjects in 48 CFR Parts 919, 

922, 923, 924, 925, 926, and 952 

Government procurement. 

Issued in Washington, DC, on May 19, 

2010. 

Patrick M. Ferraro, 

Acting Director, Office of Procurement and 

Assistance Management, Department of 

Energy. 

Joseph F. Waddell, 

Acting Director, Office of Acquisition and 

Supply Management, National Nuclear 

Security Administration. 

For the reasons set out in the 

preamble, the Department of Energy is 

proposing to amend Chapter 9 of Title 

48 of the Code of Federal Regulations as 

set forth below. 

1. The authority citation for parts 919 

and 926 is revised to read as follows: 

Authority: 42 U.S.C. 7101 et seq. and 50 

U.S.C. 2401 et seq. 

PART 919—SMALL BUSINESS 

PROGRAMS 

§ 919.201 [Amended] 

2. Section 919.201 is amended by 

removing ‘‘DOE’’ and adding in its place 

‘‘Department of Energy (DOE)’’ in the 

first sentence in paragraph (c). 

2a. New section 919.502 is added to 

part 919 to read as follows: 

§ 919.502 Setting aside acquisitions. 

3. Section 919.502–2 heading is 

revised to read: 

§ 919.502–2 Total small business setasides. 

* * * * * 

4. Section 919.503 is amended by 

revising the heading as set forth below 

and by removing ‘‘SBA’’ and adding in 

its place ‘‘Small Business 

Administration (SBA)’’ in the first 

sentence. 

§ 919.503 Setting aside a class of 

acquisitions for small business. 

* * * * * 

Subpart 919.7—The Small Business 

Subcontracting Program 

5. Subpart 919.7 heading is revised to 

read as set forth above. 

§ 919.7007 [Amended] 

6. Section 919.7007 is amended by 

removing the ‘‘:’’ in paragraph (a) 

introductory text and adding in its place 

‘‘—’’. 

§ 919.7009 [Amended] 

7. Section 919.7009 is amended by 

removing the ‘‘.’’ in the introductory text 

and adding in its place ‘‘—’’. 

§ 919.7010 [Amended] 

8. Section 919.7010 is amended by 

removing the ‘‘:’’ in the introductory text 

and adding in its place ‘‘—’’. 

§ 919.7011 [Amended] 

9. Section 919.7011 is amended by 

removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’. 

10. The authority citation for parts 

922, 923, and 925 continues to read as 

follows: 

Authority: 42 U.S.C. 7101 et seq. and 50 

U.S.C. 2401 et seq. 

PART 922—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITION 

Subpart 922.6 [Removed and 

Reserved] 

11. Subpart 922.6 is removed and 

reserved. 

PART 923—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

Subpart 923.4 [Removed and 

Reserved] 

12. Subpart 923.4 is removed and 

reserved. 

13. Add a new section 923.500 to 

subpart 923.5 to read as follows: 

§ 923.500 Scope of subpart. 

For contracts performed at DOE sites, 

in lieu of 48 CFR subpart 23.5, 

contracting activities shall use 923.570, 

Workplace Substance Abuse Programs 

at DOE Sites. 

14. Section 923.570–1 is revised to 

read as follows: 

§ 923.570–1 Applicability. 

The policies, criteria, and procedure 

specified in 10 CFR part 707, Workplace 

Substance Abuse Programs at DOE Sites, 

apply to contracts for work performed at 

sites owned or controlled by DOE and 

operated under the authority of the 

Atomic Energy Act of 1954, as amended, 

where such work— 

(a) Has a value of $25,000 or more; 

and 

(b) Has been determined by DOE to 

involve— 

(1) Access to or handling of classified 

information or special nuclear materials; 

(2) High risk of danger to life, the 

environment, public health and safety 

or national security; or 

(3) The transportation of hazardous 

materials to or from a DOE site. 

15. Section 923.570–3 is amended by 

removing ‘‘970.5223’’ in paragraph (a) 

and adding in its place ‘‘970.5223–4’’. 

Subpart 923.7 [Removed and 

Reserved] 

16. Subpart 923.7 is removed and 

reserved. 

17. Section 923.7003 is amended by 

adding a new paragraph (h) to read as 

follows: 

§ 923.7003 Contract clauses. 

* * * * * 

(h) The contracting officer shall insert 

the clause at 952.223–75, Preservation 

of Individual Occupational Radiation 

Exposure Records, in contracts 

containing 952.223–71, Integration of 

Environment, Safety, and Health into 

Work Planning and Execution, or 

952.223–72, Radiation Protection and 

Nuclear Criticality. 

18. Add a new part 924 to Subchapter 

D to read as follows: 

PART 924—PROTECTION OF PRIVACY 

AND FREEDOM OF INFORMATION 

Subpart 924.1—Protection of Individual 

Privacy 

Sec. 

924.103 Procedures. 

Authority: 42 U.S.C. 7101 et seq. and 50 

U.S.C. 2401 et seq. 

Subpart 924.1—Protection of Individual 

Privacy 

§ 924.103 Procedures. 

(b)(2) The Department of Energy rules 

and regulations on Privacy Act are 

implemented under 10 CFR part 1008. 


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PART 925—FOREIGN ACQUISITION 

19. Section 925.103 is amended by 

adding a new paragraph (b)(2)(ii) to read 

as follows: 

§ 925.103 Exceptions. 

* * * * * 

(b) (2) (ii) Proposals to add an article 

to the list of nonavailable articles at 48 

CFR 25.104, with appropriate 

justifications, shall be submitted for 

approval by the Senior Procurement 

Executive and submission to the 

appropriate council. 

20. Section 925.202 is revised to read 

as follows: 

§ 925.202 Exceptions. 

(a)(2) Contracting officers may make 

the determination required by 48 CFR 

25.202(a)(2), if the cost of the materials 

is not expected to exceed $100,000. 

Subpart 925.9 [Removed and 

Reserved] 

21. Subpart 925.9 is removed and 

reserved. 

22. Add a new subpart 925.10 

consisting of 925.1001 to part 925 to 

read as follows: 

Subpart 925.10—Additional Foreign 

Acquisition Regulations 

§ 925.1001 Waiver of right to examination 

of records. 

(b) Determination and findings. A 

determination and finding required by 

48 CFR 25.1001(b) shall be forwarded to 

either the Director, Office of Contract 

Management, Office of Procurement and 

Assistance Management, or for the 

National Nuclear Security 

Administration (NNSA), to the Director, 

Office of Acquisition and Supply 

Management, for coordination of the 

Secretary’s approval. 

PART 926—OTHER SOCIOECONOMIC 

PROGRAMS 

§ 926.7001 [Amended] 

23. Section 926.7001 is amended by: 

a. Removing ‘‘Department of Energy’’ 

and adding in its place ‘‘Department of 

Energy (DOE)’’ in the first sentence in 

paragraph (a); 

b. Removing the ‘‘:’’ in paragraph (c) 

introductory text and adding in its place 

‘‘—’’; and 

c. Removing ‘‘(FAR) 48 CFR 15.6 and 

(DEAR) 48 CFR 915.6.’’ in paragraph (e) 

and adding in its place ‘‘48 CFR subpart 

15.6 and subpart 915.6.’’ 

§ 926.7005 [Amended] 

24. Section 926.7005 is amended by 

removing the ‘‘:’’ in paragraph (b)(1) 

introductory text and adding in its place 

‘‘—’’. 

§ 926.7006 [Amended] 

25. Section 926.7006 is amended by 

removing the ‘‘:’’ in paragraph (a) 

introductory text and adding in its place 

‘‘—’’. 

§ 926.7102 [Amended] 

26. Section 926.7102 is amended by 

removing the ‘‘,’’ and adding in its place 

‘‘;’’ at the end of paragraphs (1) and (2). 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

27. The authority citation for part 952 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq. and 50 

U.S.C. 2401 et seq. 

28. Section 952.223–76 clause is 

amended by revising the date of the 

clause and revising paragraphs (d)(1)(i), 

(d)(2)(i) and (d)(3)(i) to read as follows: 

§ 952.223–76 Conditional payment of fee 

or profit—safeguarding restricted data and 

other classified information and protection 

of worker safety and health. 

* * * * * 

CONDITIONAL PAYMENT OF FEE OR 

PROFIT—SAFEGUARDING RESTRICTED 

DATA AND OTHER CLASSIFIED 

INFORMATION AND PROTECTION OF 

WORKER SAFETY AND HEALTH (XXX 

20XX) 

* * * * * 

(d) * * * 

(1) * * * 

(i) Type A accident (defined in DOE 

Order 225.1A, Accident Investigations, 

or its successor). 

* * * * * 

(2) * * * 

(i) Type B accident (defined in DOE 

Order 225.1A, Accident Investigations, 

or its successor). 

* * * * * 

(3) * * * 

(i) Failure to implement effective 

corrective actions to address 

deficiencies/non-compliance 

documented through external (e.g., 

Federal) oversight and/or reported per 

DOE Manual 231.1–2, Occurrence 

Reporting and Processing of Operations 

Information, or it successor, 

requirements, or internal oversight of 

DOE Order 470.2B, Independent 

Oversight and Performance Assurance 

Program, or it successor, requirements. 

* * * * * 

29. Section 952.223–77 is amended by 

revising the date of the clause and 

revising paragraphs (c)(1)(i), (c)(2)(i) and 

(c)(3)(i) to read as follows: 

§ 952.223–77 Conditional payment of fee 

or profit—protection of worker safety and 

health. 

* * * * * 

CONDITIONAL PAYMENT OF FEE OR 

PROFIT—PROTECTION OF WORKER 

SAFETY AND HEALTH (XXX 20XX) 

* * * * * 

(c) * * * 

(1) * * * 

(i) Type A accident (defined in DOE 

Order 225.1A, Accident Investigations, 

or its successor). 

* * * * * 

(2) * * * 

(i) Type B accident (defined in DOE 

Order 225.1A, Accident Investigations, 

or its successor). 

* * * * * 

(3) * * * 

(i) Failure to implement effective 

corrective actions to address 

deficiencies/non-compliance 

documented through external (e.g., 

Federal) oversight and/or reported per 

DOE Manual 231.1–2, Occurrence 

Reporting and Processing of Operations 

Information, or it successor, 

requirements, or internal oversight of 

DOE Order 470.2B, Independent 

Oversight and Performance Assurance 

Program, or it successor, requirements. 

* * * * * 

§ 952.226–70 [Amended] 

30. Section 952.226–70 is amended 

by: 

a. Removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’; and 

b. Removing ‘‘Small, Small 

Disadvantaged and Women-Owned 

Subcontracting Plan’’ in paragraphs (c) 

and (d) and adding in its place ‘‘Small 

Business Subcontracting Plan’’. 

§ 952.226–71 [Amended] 

31. Section 952.226–71 is amended by 

removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’. 

§ 952.226–72 [Amended] 

32. Section 952.226–72 is amended 

by: 

a. Removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’; 

b. Removing the ‘‘:’’ in paragraph (b) 

and adding in its place ‘‘—’’; 

c. Adding ‘‘and’’ in paragraph (b)(2) 

after the ‘‘;’’; and 

d. Removing ‘‘Small, Small 

Disadvantaged and Women-Owned 

Subcontracting Plan’’ in paragraph (c)(2) 

and adding in its place ‘‘Small Business 

Subcontracting Plan’’. 

§ 952.226–73 [Amended] 

33. Section 952.226–73 is amended 

by: 

a. Removing the ‘‘:’’ in paragraph (a)(1) 

and adding in its place ‘‘—’’; and 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules 33757 

b. Removing the ‘‘,’’ in paragraph 

(a)(1)(i) and adding in its place ‘‘;’’. 

§ 952.226–74 [Amended] 

34. Section 952.226–74 is amended by 

removing ‘‘48 CFR (DEAR)’’ before 

‘‘926.7104’’ in the introductory sentence. 

§ 919.501, 919.705–6, 919.805–2, 922.103–5, 

925.103, 952.219–70, 952.225–70, 952.226– 

70, 952.226–72, 952.226–73, and 

952.226–74 [Amended] 

35. 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 

919.501(g) ........................................................................ ‘‘FAR 19.501(g),’’ ............................................................. ‘‘48 CFR 19.501,’’. 

919.705–6 ......................................................................... ‘‘FAR’’ ............................................................................... ‘‘48 CFR’’. 

919.805–2 ......................................................................... ‘‘FAR’’ ............................................................................... ‘‘48 CFR chapter 1’’. 

919.805–2 ......................................................................... ‘‘13 CFR 124.311(e)(1)’’ .................................................. ‘‘13 CFR 124’’. 

922.103–5 in 3 places ...................................................... ‘‘FAR’’ ............................................................................... ‘‘48 CFR’’. 

923.570–3(a) .................................................................... ‘‘FAR’’ ............................................................................... ‘‘48 CFR’’. 

925.103(a) ........................................................................ ‘‘FAR’’ ............................................................................... ‘‘48 CFR’’. 

952.219–70 in the provision second sentence ................ ‘‘contractor’s’’ ................................................................... ‘‘Contractor’s’’. 

952.225–70(b) .................................................................. ‘‘contractor’’ ...................................................................... ‘‘Contractor’’. 

952.226–70(c) .................................................................. ‘‘offeror’’ ............................................................................ ‘‘Offeror’’. 

952.226–72(b) .................................................................. ‘‘contractor’’ ...................................................................... ‘‘Contractor’’. 

952.226–72(c)(1) .............................................................. ‘‘contractor’’ ...................................................................... ‘‘Contractor’’. 

952.226–72(c)(1) .............................................................. ‘‘contracting officer’’ ......................................................... ‘‘Contracting Officer’’. 

952.226–72(c)(2) .............................................................. ‘‘contractor’s’’ ................................................................... ‘‘Contractor’s’’. 

952.226–73(a) introductory text, and (b) in 2 places ....... ‘‘offeror’’ ............................................................................ ‘‘Offeror’’. 

952.226–73(b) .................................................................. ‘‘contracting officer’’ ......................................................... ‘‘Contracting Officer’’. 

952.226–74(b) at its second occurrence ......................... ‘‘contractor’’ ...................................................................... ‘‘Contractor’’. 

§ 919.7008, 919.7010, 919.7011, 919.7012, 

922.800, 926.7006, 926.7007, 926.7104 

[Amended] 

36. 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 

919.7008 .......................... ‘‘48 CFR’’. 

919.7010(c) and (k) ......... ‘‘48 CFR’’. 

919.7011(b) ...................... ‘‘48 CFR’’. 

919.7012(a) ...................... ‘‘48 CFR’’. 

922.800 ............................ ‘‘(FAR)’’. 

926.7006(c) ...................... ‘‘(FAR)’’. 

926.7007(d) ...................... ‘‘48 CFR’’. 

926.7007(e) ...................... ‘‘(FAR)’’. 

926.7104 .......................... 48 CFR (DEAR)’’. 

[FR Doc. 2010–14194 Filed 6–14–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 611 

[Docket No. FTA–2010–0009] 

RIN 2132–AB02 

Major Capital Investment Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Public meetings on ANPRM. 

SUMMARY: This document announces the 

dates, times, and locations of outreach 

sessions concerning the Advance Notice 

of Proposed Rulemaking (ANPRM) for 

FTA’s New Starts and Small Starts 

programs. Presentations delivered at 

these meetings will describe the 

provisions of the ANPRM issued by the 

Federal Transit Administration (FTA). 

Further outreach sessions, if scheduled, 

will be announced in a subsequent 

Federal Register notice. 

DATES: See SUPPLEMENTARY INFORMATION

section for meeting dates. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION section for meeting 

locations. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Day, Office of Planning and 

Environment, (202) 366–5159; for 

questions of a legal nature, Christopher 

Van Wyk, Office of Chief Counsel, (202) 

366–1733. FTA is located at 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Office hours are from 9 a.m. to 

5:30 p.m., EST, Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: FTA 

announced the time and location of its 

first two outreach meetings with the 

ANPRM published on June 3, 2010 (75 

FR 31383), noting that additional 

meetings would be announced in 

subsequent Federal Register notices. 

The meetings listed below are 

additional outreach sessions that will 

provide a forum for FTA staff to make 

oral presentations on the ANPRM and 

for participants to ask questions. 

Additionally, the sessions are intended 

to encourage interested parties and 

stakeholders to submit their comments 

directly to the official docket per the 

instructions found in the June 3, 2010 

ANPRM. Further outreach sessions, if 

scheduled, will be announced in a 

subsequent Federal Register notice. 

I. Meetings 

Information on the public outreach 

session meeting dates and addresses 

follows: 

1. Tuesday, June 29, 2010, 9 a.m.–1 

p.m., CST, 165 East Ontario Street, 

Chicago, IL 60611 (Courtyard Marriott 

Magnificent Mile Hotel, Ontario 

Ballroom). 

2. Wednesday, June 30, 2010, 9 a.m.– 

1 p.m., PST, 299 Second Street, San 

Francisco, CA 94105 (Courtyard 

Marriott San Francisco Downtown 

Hotel, Rincon Hill Ballroom). 

3. Monday, July 12, 2010, 9 a.m.–1 

p.m., CST, 300 Reunion Blvd, Dallas, 

TX 75207 (Hyatt Regency Dallas Hotel, 

Reunion Ballroom F). 

4. Thursday, July 15, 2010, 9 a.m.–1 

p.m., EST, 525 New Jersey Ave, NW., 

Washington, DC 20001 (Washington 

Court Hotel, Atrium Ballroom). 

II. Comment Format 

Meeting attendees will have an 

opportunity to pose questions to the 

speakers and to the group as a whole. It 

is the responsibility of individuals who 

wish for their comments to become part 

of the official public record to submit 

their comments directly to the official 

docket for the rulemaking. Instructions 

for doing so can be found in the June 

3rd ANPRM. 

III. Registration 

Registration is not required in order to 

attend one of these public meetings. But 


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