Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15737 

TABLE C9—SMR CATEGORY 806–816/851–861 MHZ CHANNELS AVAILABLE FOR SITE-BASED LICENSING IN THE CANADA

BORDER REGIONS

Canada border region Channel Nos. Total 

*******

Regions 7A and 8 ..................... 315, 315a, 355, 355a, 395, 395a, 435, 435a, 475, 475a, 316, 316a, 356, 356a, 396, 396a, 

436, 436a, 476, 476a, 317, 317a, 357, 357a, 397, 397a, 437, 437a, 477, 477a, 318, 318a, 

358, 358a, 398, 398a, 438, 438a, 478, 478a, 331, 331a, 371, 371a, 411, 411a, 451, 451a, 

491, 491a, 332, 332a, 372, 372a, 412, 412a, 452, 452a, 492, 492a, 333, 333a, 373, 373a, 

413, 413a, 453, 453a, 493, 493a, 334, 334a, 374, 374a, 414, 414a, 454, 454a, 494, 494a, 

335, 335a, 375, 375a, 415, 415a, 455, 455a, 495, 495a, 336, 336a, 376, 376a, 416, 416a, 

456, 456a, 496, 496a, 337, 337a, 377, 377a, 417, 417a, 457, 457a, 497, 497a, 338, 338a, 

378, 378a, 418, 418a, 458, 458a, 498, 498a, 431, 431a, 432, 432a, 433, 433a, 434, 434a, 

471, 471a, 472, 472a, 473, 473a, 474, 474a, 479, 479a, 480, 480a, 481, 481a, 488, 488a, 

489, 489a, 490, 490a, 499, 499a, 500, 500a, 501, 501a, 508, 508a, 509, 509a, 510, 510a.

160 Channels. 

Region 7B ................................. * * * .............................................................................................................................................

481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a ..................................................

20 Channels. 

[FR Doc. 2015–06069 Filed 3–24–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 902, 909, 916, 917, 922, 

925, 931, 936, 942, 952, and 970 

RIN 1991–AC00 

Acquisition Regulation: Technical and 

Administrative Changes to Department 

of Energy Acquisition Regulation 

AGENCY: Office of Acquisition and 

Project Management, 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) to make technical 

and administrative changes to the 

DEAR, including changes to conform to 

the Federal Acquisition Regulation 

(FAR), remove out-of-date coverage, 

update references, and correct minor 

errors and omissions. This 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 April 24, 

2015. 

ADDRESSES: You may submit comments, 

identified by: Technical and 

Administrative Changes to Department 

of Energy Acquisition Regulation and 

RIN 1991–AC00, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email to: DEARrulemaking@

hq.doe.gov Include DEAR: Small 

Business and other Socioeconomic 

Programs and RIN 1991–AC00 in the 

subject line of the message. 

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

Office of Acquisition and Project 

Management, MA–611, 1000 

Independence Avenue SW., 

Washington, DC 20585. Comments by 

email are encouraged. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Butler, U.S. Department of 

Energy, Office of Acquisition and 

Project Management, MA–611, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1945. Email: 

lawrence.butler@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Section-by-Section Analysis 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

and 13563 

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 DEAR has outdated citations and 

minor errors of a technical nature. The 

objective of this proposed rule is to 

update the outdated citations and 

correct the errors and omissions in the 

existing DEAR to conform to the FAR. 

None of these changes are substantive or 

of a nature to cause any significant 

expense for DOE or its contractors. 

II. Section-by-Section Analysis 

DOE proposes to amend the DEAR as 

follows: 

Part 902—DEFINITIONS OF WORDS 

AND TERMS 

1. Section 902.101, paragraph (2), is 

revised to change the title of the 

National Nuclear Security Agency 

(NNSA) Senior Procurement Executive 

(SPE). 

Part 909—CONTRACTOR 

QUALIFICATIONS 

2. Section 909.403, paragraphs (1) and 

(2), are revised to change the title of the 

NNSA SPE. 

Part 916—TYPES OF CONTRACTS 

3. Section 916.505, paragraph (b)(6)(i), 

is revised to change the title of the 

NNSA SPE. 

Part 917—SPECIAL CONTRACTING 

METHODS 

4. Section 917.602, paragraph (a), is 

revised to remove language that is no 

longer needed in the DEAR. 

Part 922—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITION 

5. Section 922.804 is no longer 

needed in the DEAR and is removed. 

Part 925—FOREIGN ACQUISITION 

6. Section 925.103, paragraph (a), is 

revised to correct the CFR reference. 

7. Section 925.1001, paragraph (b), is 

revised to change the title of the NNSA 

SPE. 

Part 931—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

8. Section 931.205–18, paragraph 

(c)(2), is deleted in its entirety and 

replaced with a new paragraph (c). 

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15738 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 

Part 936—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

9. Section 936.202–70 is no longer 

needed in the DEAR and is removed. 

Part 942—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

10. Section 942.705–3 is revised to 

update the circular number and remove 

the paragraph numbering. 

Part 952—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

11. Section 952.204–2, paragraph (j), 

is revised to inform contractors of the 

format for submitting Foreign 

Ownership, Control or Influence (FOCI) 

information. Paragraph (h)(2)(vi), is 

revised to remove Contractor 

requirement for submitting in writing 

information to the head of the cognizant 

local DOE Security Office concerning 

each uncleared applicant or uncleared 

employee who is selected for a position 

requiring an access authorization. 

12. Section 952.204–73, paragraph (a), 

is revised to inform contractors of the 

format for submitting FOCI information. 

13. Section 952.236–72 is no longer 

needed in the DEAR and is removed. 

14. Section 952.250–70, paragraph 

(d)(1), is revised to raise the threshold 

as required by the Energy Policy Act of 

2005. 

Part 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

15. Section 970.5215–3 is revised to 

update the Order number. 

16. Section 970.5223–1 is revised to 

correct the prescription. 

17. Section 970.5244–1, paragraph (f) 

is revised to reflect threshold increase in 

48 CFR 28.102–2. Paragraph (g) is 

revised to reflect the threshold increase 

in DOE’s class deviation for DEAR 

970.5244–1. 

18. Section 970.5245–1, Alternate I, 

paragraph (j)(3), is revised to update the 

Order number and to add language that 

clarifies the sentence. 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

and 13563 

This 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 proposed 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). 

DOE has also reviewed this regulation 

pursuant to Executive Order 13563, 

issued on January 18, 2011 (76 FR 3281 

(Jan. 21, 2011)). Executive Order 13563 

is supplemental to and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, agencies 

are required by Executive Order 13563 

to: (1) Propose or adopt a regulation 

only upon a reasoned determination 

that its benefits justify its costs 

(recognizing that some benefits and 

costs are difficult to quantify); (2) tailor 

regulations to impose the least burden 

on society, consistent with obtaining 

regulatory objectives, taking into 

account, among other things, and to the 

extent practicable, the costs of 

cumulative regulations; (3) select, in 

choosing among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. 

DOE emphasizes as well that 

Executive Order 13563 requires agencies 

to use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs has 

emphasized that such techniques may 

include identifying changing future 

compliance costs that might result from 

technological innovation or anticipated 

behavioral changes. DOE believes that 

this final rule is consistent with these 

principles, including the requirement 

that, to the extent permitted by law, 

agencies adopt a regulation only upon a 

reasoned determination that its benefits 

justify its costs and, in choosing among 

alternative regulatory approaches, those 

approaches maximize net benefits. 

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 proposed 

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 preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process (68 FR 7990). DOE 

has made its procedures and policies 

available on the Office of General 

Counsel’s Web site at http://

www.energy.gov/gc/office-generalcounsel. 

This notice of proposed rulemaking is 

to amend the DEAR to make technical 

and administrative changes as described 

in the summary. This rule would not 

have a significant economic impact on 

small entities because it imposes no 

significant burdens. No substantive 

rights or obligations are altered by the 

proposed amendment. Consequently, 

this proposed rule is exempt from the 

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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15739 

requirements of the Regulatory 

Flexibility Act. 

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, with an expiration 

date of October 31, 2014. 

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. 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 rulemaking 

does not impose a 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 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 

(OIRA), of the Office of Management 

and Budget (OMB), a Statement of 

Energy Effects for any 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. This proposed 

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 this 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 of Energy. 

List of Subjects in 48 CFR Parts 902, 

909, 916, 917, 922, 925, 931, 936, 942, 

952 and 970 

Government procurement. 

Issued in Washington, DC on March 16, 

2015. 

Patrick M. Ferraro, 

Deputy Director, Office of Acquisition and 

Project Management, Department of Energy. 

Joseph Waddell, 

Deputy Associate Administrator, Acquisition 

and Project Management, National Nuclear 

Security Administration. 

For the reasons set out in the 

preamble, the Department of Energy 

proposes to amend Chapter 9 of Title 48 

of the Code of Federal Regulations as set 

forth below. 

Title 48—Federal Acquisition 

Regulations System 

■ 1. The authority citation for parts 902, 

903, 916, 917, 922, 925, 931, 936 and 

942 continues to read as follows: 

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

U.S.C. 2401 et seq. 

PART 902—DEFINITIONS OF WORDS 

AND TERMS 

902.101 [Amended] 

■ 2. Section 902.101 is amended in the 

definition of ‘‘Senior Procurement 

Executive’’, by removing ‘‘Director, 

Office of Acquisition and Supply 

Management’’ and adding in its place 

‘‘Deputy Associate Administrator for 

Acquisition and Project Management’’. 

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15740 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 

PART 909—CONTRACTOR 

QUALIFICATIONS 

909.403 [Amended] 

■ 3. Section 909.403 is amended in 

paragraphs (1) and (2), by removing 

‘‘Director, Office of Acquisition and 

Supply Management’’ and adding in its 

place ‘‘Deputy Associate Administrator 

for Acquisition and Project 

Management’’. 

PART 916—TYPES OF CONTRACTS 

916.505 [Amended] 

■ 4. Section 916.505 is amended in 

paragraph (b)(6)(i), by removing 

‘‘Director, Office of Acquisition and 

Supply Management,’’ and adding in its 

place ‘‘Deputy Associate Administrator 

for Acquisition and Project 

Management,’’. 

PART 917—SPECIAL CONTRACTING 

METHODS 

917.602 [Amended] 

■ 5. Section 917.602 is amended in 

paragraph (a), by removing ‘‘, Deputy 

Secretary or Under Secretary’’. 

PART 922—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITION 

922.804 [Removed and Reserved] 

■ 6. Section 922.804 is removed and 

reserved. 

PART 925—FOREIGN ACQUISITION 

■ 7. Section 925.103 is amended by 

removing paragraph (a), and revising 

paragraph (b)(2)(ii) to read as follows: 

925.103 Exceptions. 

(b) Nonavailabilty. 

(2)(i) Individual determinations. 

Contracting officers may make the 

determination required by 48 CFR 

25.103(b)(2)(i), provided such 

determination is factually supported in 

writing. If the contract is estimated to 

exceed $1 million, the Head of the 

Contracting Activity must approve the 

determination. 

(ii) Proposals to add an article to the 

list of nonavailable articles at 48 CFR 

25.104, with appropriate justifications, 

must be submitted for approval by the 

Senior Procurement Executive and 

submission to the appropriate council. 

925.1001 [Amended] 

■ 8. Section 925.1001 is amended in 

paragraph (b), by removing ‘‘Director, 

Office of Acquisition and Supply 

Management’’ and adding in its place 

‘‘Deputy Associate Administrator for 

Acquisition and Project Management’’. 

PART 931—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

■ 9. Section 931.205–18 is revised to 

read as follows: 

931.205–18 Independent research and 

development (IR&D) and bid and proposal 

(B&P) costs. 

(c) In addition to all the other FAR 

requirements for allowability of IR&D 

costs, costs for IR&D are allowable 

under DOE contracts to the extent: they 

are not otherwise unallowable; and they 

have potential benefit or relationship to 

the DOE program. The term ‘‘DOE 

program’’ encompasses the DOE total 

mission and its objectives. In addition to 

all the other FAR requirements for 

allowability of B&P costs, costs for B&P 

are allowable under DOE contracts to 

the extent they are not otherwise 

unallowable. 

PART 936—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

936.202–70 [Removed and Reserved] 

■ 10. Section 936.202–70 is removed 

and reserved. 

PART 942—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

942.705–3 [Amended] 

■ 11. Section 942.705–3 is amended by: 

■ a. Removing the paragraph numbering 

‘‘(a)(2)’’; and 

■ b. Removing ‘‘A–88’’ and adding in its 

place ‘‘A–21’’. 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 12. The authority citation for part 952 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 

et seq. 

■ 13. Section 952.204–2 is amended by: 

■ a. Revising the section heading; 

■ b. Revising the clause heading and 

clause date; and 

■ c. Revising introductory paragraph 

(h)(2)(vi) and paragraph (j)(1). 

The revisions read as follows: 

952.204–2 Security requirements. 

* * * * * 

Security Requirements ([(XXX 20XX)]) 

* * * * * 

(h) * * * 

(2) * * * 

(vi) The Contractor must maintain a 

record of information concerning each 

uncleared applicant or uncleared 

employee who is selected for a position 

requiring an access authorization. Upon 

request only, the following information 

will be furnished to the head of the 

cognizant local DOE Security Office: 

* * * * * 

(j) Foreign ownership, control, or 

influence. (1) The Contractor shall 

immediately provide the cognizant 

security office written notice of any 

change in the extent and nature of 

foreign ownership, control or influence 

over the Contractor which would affect 

any answer to the questions presented 

in the Standard Form (SF) 328, 

Certificate Pertaining to Foreign 

Interests, executed prior to award of this 

contract. The Contractor will submit the 

Foreign Ownership, Control or 

Influence (FOCI) information in the 

format directed by DOE. When 

completed the Contractor must print 

and sign one copy of the SF 328 and 

submit it to the Contracting Officer. In 

addition, any notice of changes in 

ownership or control which are required 

to be reported to the Securities and 

Exchange Commission, the Federal 

Trade Commission, or the Department 

of Justice, shall also be furnished 

concurrently to the Contracting Officer. 

* * * * * 

■ 14. Section 952.204–73 is amended 

by: 

■ a. Revising the date of the clause; and 

■ b. Revising paragraph (a)(1). 

The revisions read as follows: 

952.204–73 Facility clearance. 

* * * * * 

Facility Clearance ([(XXX 20XX)]) 

* * * * * 

(a) Use of Certificate Pertaining to 

Foreign Interests, Standard Form 328. 

(1) The contract work anticipated by 

this solicitation will require access to 

classified information or special nuclear 

material. Such access will require a 

Facility Clearance for the Contractor’s 

organization and access authorizations 

(security clearances) for Contractor 

personnel working with the classified 

information or special nuclear material. 

To obtain a Facility Clearance the 

Contractor must submit the Standard 

Form 328, Certificate Pertaining to 

Foreign Interests, and all required 

supporting documents to form a 

complete Foreign Ownership, Control or 

Influence (FOCI) Package. The 

Contractor will submit the Foreign 

Ownership, Control or Influence (FOCI) 

information in the format directed by 

DOE. When completed the Contractor 

must print and sign one copy of the SF 

328 and submit it to the Contracting 

Officer. 

* * * * * 

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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15741 

952.236–72 [Removed and Reserved] 

■ 15. Section 952.236–72 is removed 

and reserved. 

952.250–70 [Amended] 

■ 16. Section 952.250–70 is amended 

by: 

■ a. Revising the date of the clause; and 

■ b. Removing in paragraph (d)(1), 

‘‘$100 million’’ and adding in its place 

‘‘$500 million’’. 

The revision reads as follows: 

952.250–70 Nuclear hazards indemnity 

agreement. 

* * * * * 

Nuclear Hazards Indemnity Agreement 

([(XXX 20XX)]) 

* * * * * 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

■ 17. The authority citation for part 970 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 

et seq. 

970.5215–3 [Amended] 

■ 18. Section 970.5215–3, paragraphs 

(c)(1)(i) and (c)(2)(i) are amended by 

removing ‘‘DOE Order 225.1A’’ and 

adding in its place ‘‘DOE Order 225.1B, 

or successor version’’. 

970.5223–1 [Amended] 

■ 19. Section 970.5223–1 is amended by 

removing ‘‘970.2303–3(b)’’ in the clause 

introductory paragraph and adding in 

its place, ‘‘970.2303–3(a)’’. 

■ 20. Section 970.5244–1 is amended 

by: 

■ a. Revising the clause date; 

■ b. Removing in paragraphs (f)(1) and 

(f)(2) ‘‘$100,000’’ and adding in its place 

‘‘$150,000’’; and 

■ c. Removing in paragraph (g) 

‘‘$100,000’’ in both occurrences and 

adding in its place ‘‘$500,000’’. 

The revision read as follows: 

970.5244–1 Contractor purchasing 

system. 

* * * * * 

Contractor Purchasing System ([(XXX 

20XX)]) 

* * * * * 

■ 21. Section 970.5245–1 is amended 

by: 

■ a. Revising the clause date; 

■ b. Revising Alternate I heading and 

date; and 

■ c. Removing in Alternate I paragraph 

(j)(3), 

■ a. ‘‘Major System Acquisition or Major 

Project’’ and adding in its place ‘‘Major 

System Project’’, and 

■ b. ‘‘DOE Order 4700.1’’ and adding in 

its place ‘‘DOE Order 413.3B, or 

successor version’’. 

The revisions read as follows: 

970.5245–1 Property. 

* * * * * 

Property ([(XXX 20XX)]) 

* * * * * 

Alternate I ([(XXX 20XX)]). 

* * * * * 

[FR Doc. 2015–06564 Filed 3–24–15; 8:45 am] 

BILLING CODE 6450–01–P 

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