Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 69009 

(N-(7-fluoro-3,4-dihydro-3-oxo-4-prop-2- 

ynyl-2H-1,4-benzoxazin-6-yl)cyclohex1-ene-1-carboxamide-2-carboxylic acid), 

in or on fish, freshwater at 1.5 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule is not 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 28, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.568 is amended by 

alphabetically adding the following 

commodity to the table in paragraph (a) 

to read as follows: 

§ 180.568 Flumioxazin; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Fish, freshwater .................... 1.5 

* * * * * 

* * * * * 

[FR Doc. 2010–28132 Filed 11–9–10; 8:45 am] 

BILLING CODE 6560–50–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: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

Socioeconomic Programs 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 10, 

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 D— 

Socioeconomic Programs. The purpose 

of this rule is to update DEAR 

Subchapter D—Socioeconomic 

Programs to conform it to the FAR. 

Changes are 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 


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and 926 will have another proposed rule 

to cover additional changes. None of 

today’s changes are substantive or of a 

nature to cause any significant expense 

for DOE or its contractors. 

II. Discussion 

DOE published a notice of proposed 

rulemaking on June 15, 2010 (75 FR 

33752), with a public comment period 

ending on July 15, 2010. DOE received 

no comments. 

DOE amends the DEAR as follows: 

1. Section 919.201 is amended to 

remove ‘‘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 to 

revise 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 to revise 

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 to 

revise 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. Part 923 is amended by revising the 

heading to read Environment, Energy 

and Water Efficiency, Renewable Energy 

Technologies, Occupational Safety, and 

Drug Free Workplace. 

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. 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. 

12. 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. 

13. 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. 

14. Section 925.202 is renamed 

‘‘Exceptions’’ to conform with the FAR. 

15. 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. 

16. 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. 

17. Section 925.901 is redesignated to 

read ‘‘925.1001 Waiver of right to 

examination of records.’’ 

18. 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.’’ 

19. 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. 

20. Sections 926.7005, 926.7006, and 

926.7102 are amended by revising the 

punctuation. 

21. Sections 952.223–76 and 952.223– 

77 are amended to update the clauses to 

references to DOE Orders and Manuals. 

22. Sections 952.226–70 and 952.226– 

72 are amended by revising the two 

clause titles of the subcontracting plan 

to reflect the correct name, Small 

Business Subcontracting Plan. 

23. Sections 952.226–70, 952.226–71, 

952.226–72, 952.226–73 are amended to 

revise the clauses’ punctuation. 

24. 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), 

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. 


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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. 104–4) 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 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 Parts 919, 

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

Government procurement. 


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69012 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 

Issued in Washington, DC, on October 27, 

2010. 

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. 

■ 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). 

■ 3. Section 919.502 is added to part 

919 to read as follows: 

919.502 Setting aside acquisitions. 

■ 4. Section 919.502–2 heading is 

revised to read: 

919.502–2 Total small business set-asides. 

* * * * * 

■ 5. 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 

■ 6. Subpart 919.7 heading is revised to 

read as set forth above. 

919.7007 [Amended] 

■ 7. Section 919.7007 is amended by 

removing the ‘‘:’’ in paragraph (a) 

introductory text and adding in its place 

‘‘—’’. 

919.7009 [Amended] 

■ 8. Section 919.7009 is amended by 

removing the ‘‘.’’ in the introductory text 

and adding in its place ‘‘—’’. 

919.7010 [Amended] 

■ 9. Section 919.7010 is amended by 

removing the ‘‘:’’ in the introductory text 

and adding in its place ‘‘—’’. 

919.7011 [Amended] 

■ 10. Section 919.7011 is amended by 

removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’. 

919.501, 919.705–6, 919.805–2 [Amended] 

■ 11. In the table below, for each section 

indicated in the left column, remove the 

word indicated in the middle column 

from wherever 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 .................................................................... ‘‘the FAR’’ ...................................................................................... ‘‘48 CFR chapter 1’’. 

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

919.7008, 919.7010, 919.7011, 919.7012 

[Amended] 

■ 12. In the table below, for each section 

indicated in the left column, remove the 

word indicated in the right column from 

wherever it appears in the section: 

Section Remove 

919.7008(a) ............... ‘‘48 CFR’’. 

919.7010(c) and (k) .. ‘‘48 CFR’’. 

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

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

■ 13. 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 

922.103–5 [Amended] 

■ 14. Section 922.103–5 is amended by 

removing ‘‘FAR’’ in 3 places and adding 

in its place ‘‘48 CFR’’. 

Subpart 922.6—[Removed and 

Reserved] 

■ 15. Subpart 922.6 is removed and 

reserved. 

922.800 [Amended] 

■ 16. Section 922.800 is amended by 

removing ‘‘(FAR)’’. 

PART 923—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 17. The heading for part 923 is revised 

to read as set forth above. 

■ 18. 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. 

■ 19. 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. 

■ 20. Section 923.570–3 is amended by 

removing ‘‘970.5223’’ in paragraph (a) 

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

■ 21. 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 


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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. 

■ 22. 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. 

PART 925—FOREIGN ACQUISITION 

■ 23. Section 925.103 is amended by: 

■ a. Removing ‘‘FAR’’ in paragraph (a) 

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

■ b. 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. 

■ 24. 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] 

■ 25. Subpart 925.9 is removed and 

reserved. 

■ 26. 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 findings 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] 

■ 27. 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] 

■ 28. Section 926.7005 is amended by 

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

introductory text and adding in its place 

‘‘—’’. 

926.7006 [Amended] 

■ 29. Section 926.7006 is amended by: 

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

introductory text and adding in its place 

‘‘—’’; and 

■ b. Removing ‘‘(FAR)’’ in paragraph (c) 

second sentence. 

926.7007 [Amended] 

■ 30. Section 926.7007 is amended by: 

■ a. Removing ‘‘48 CFR’’ in paragraph 

(d); and 

■ b. Removing ‘‘(FAR)’’ in paragraph (e). 

926.7102 [Amended] 

■ 31. Section 926.7102 is amended by 

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

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

926.7104 [Amended] 

■ 32. Section 926.7104 is amended by 

removing ‘‘48 CFR (DEAR)’’. 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 33. 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. 

■ 34. 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 (DEC 2010) 

(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/noncompliance documented through external 

(e.g., Federal) oversight and/or reported per 

DOE Manual 231.1–2, Occurrence Reporting 

and Processing of Operations Information, or 

its successor, requirements, or internal 

oversight of DOE Order 470.2B, Independent 

Oversight and Performance Assurance 

Program, or its successor, requirements. 

* * * * * 

■ 35. 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 (DEC 2010) 

* * * * * 

(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/noncompliance documented through external 

(e.g., Federal) oversight and/or reported per 

DOE Manual 231.1–2, Occurrence Reporting 

and Processing of Operations Information, or 

its successor, requirements, or internal 

oversight of DOE Order 470.2B, Independent 

Oversight and Performance Assurance 

Program, or its successor, requirements. 

* * * * * 


erowe on DSK5CLS3C1PROD with RULES
69014 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 

952.226–70 [Amended] 

■ 36. 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] 

■ 37. 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] 

■ 38. 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] 

■ 39. Section 952.226–73 is amended 

by: 

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

and adding in its place ‘‘—’’; and 

■ b. Removing the ‘‘,’’ in paragraph 

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

952.226–74 [Amended] 

■ 40. Section 952.226–74 is amended by 

removing ‘‘48 CFR (DEAR)’’ before 

‘‘926.7104’’ in the introductory text. 

952.219–70, 952.225–70, 952.226–70, 

952.226–72, 952.226–73, and 952.226–74 

[Amended] 

■ 41. In the table below, for each section 

indicated in the left column, remove the 

word indicated in the middle column 

from wherever it appears in the section, 

and add the word in the right column: 

Section Remove Add 

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

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

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

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

952.226–72(b) introductory text ................................................................... ‘‘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’’. 

[FR Doc. 2010–27869 Filed 11–9–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907301205–0289–02] 

RIN 0648–XZ70 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; Total 

Allowable Catch Harvested for 

Management Area 1A 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; notification of 

trip limit reduction in Area 1A of the 

Atlantic Herring Fishery. 

SUMMARY: NMFS announces that, 

effective 1200 hours, November 8, 2010, 

federally permitted vessels may not fish 

for, catch, possess, transfer, or land 

more than 2,000 lb (907.2 kg) of Atlantic 

herring (herring), per trip or calendar 

day, in or from Management Area 1A 

(Area 1A) until January 1, 2011, except 

for transiting purposes described in this 

document. 

DATES: Effective 1200 hours, November 

8, 2010, through December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman, Fishery Management 

Specialist, (978) 675–2179. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the herring 

fishery are found at 50 CFR part 648 and 

require annual specification of optimum 

yield, domestic and foreign fishing, 

domestic and joint venture processing, 

and management area TACs. Herring 

specifications for 2010–2012 published 

on August 12, 2010 (75 FR 48874). The 

2010 total TAC is 91,200 mt, allocated 

to the herring management areas as 

follows: 26,546 mt to Area 1A, 4,362 mt 

to Area 1B; 22,146 mt to Area 2; and 

38,146 mt to Area 3. 

Regulations at § 648.201(a) require 

NMFS to monitor catch from the herring 

fishery in each of the herring 

management areas, using dealer reports, 

state data, and other available 

information, to determine when the 

catch of herring is projected to reach 95 

percent of the TAC allocated. When 

such a determination is made, NMFS is 

required to prohibit, through 

publication in the Federal Register, 

herring vessel permit holders from 

fishing for, catching, possessing, 

transferring, or landing more than 2,000 

lb (907.2 kg) of herring, per trip or 

calendar day, in or from the specified 

management area for the remainder of 

the closure period, with the exception of 

transiting as described below. 

This action announces that NMFS has 

determined, based upon dealer reports 

and other available information, that 95 

percent of the herring TAC allocated to 

Area 1A (25,219 mt) for the 2010 fishing 

year is projected to be harvested on 

November 8, 2010. Therefore, effective 

1200 hrs local time, November 8, 2010, 

federally permitted vessels may not fish 

for, catch, possess, transfer, or land 

more than 2,000 lb (907.2 kg) of herring, 

per trip or calendar day, in or from Area 

1A through December 31, 2010. Vessels 

transiting Area 1A with more than 2,000 

lb (907.2 kg) of herring on board may do 

so, provided such herring was not 

caught in Area 1A and that all fishing 

gear is stowed and not available for 

immediate use, as required by 

§ 648.23(b). Federally permitted dealers 

are also advised, effective November 8, 

2010, that they may not purchase 

herring from federally permitted herring 

vessels that harvest more than 2,000 lb 

(907.2 kg) of herring from Area 1A 

through 2400 hrs local time, December 

31, 2010. 

Beginning on January 1, 2011, a new 

TAC in Area 1A will become effective. 


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