Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2745 

(1) 52.222–50, Combating Trafficking in 

Persons (FEB 2009) (22 U.S.C. 7104(g)). 

llAlternate I (Aug 2007) of 52.222–50 

(22 U.S.C. 7104(g)). 

* * * * * 

(e)(1) * * * 

(viii) 52.222–50, Combating Trafficking in 

Persons (FEB 2009) (22 U.S.C. 7104(g)). 

llAlternate I (Aug 2007) of 52.222–50 

(22 U.S.C. 7104(g)). 

* * * * * 

■ 6. Amend section 52.213–4 by 

revising the date of the clause and 

paragraph (a)(1)(iv); and removing from 

paragraph (a)(2)(vi) ‘‘(DEC 2008)’’ and 

adding ‘‘(FEB 2009)’’ in its place to read 

as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

TERMS AND CONDITIONS— 

SIMPLIFIED ACQUISITIONS (OTHER 

THAN COMMERCIAL ITEMS (FEB 

2009) 

(a) * * * 

(1) * * * 

(iv) 52.222–50, Combating Trafficking in 

Persons (FEB 2009) (22 U.S.C. 7104(g)). 

* * * * * 

■ 7. Amend section 52.222–50 by— 

■ a. Revising the date of the clause; 

■ b. Adding, in alphabetical order, the 

definition ‘‘Forced Labor’’; 

■ c. Removing from the introductory 

text of paragraph (e) ‘‘render the 

Contractor subject to’’ and adding 

‘‘result in’’ in its place; and revising 

paragraphs (e)(1) and (e)(2); and 

■ d. Adding paragraph (g) to read as 

follows: 

52.222–50 Combating Trafficking in 

Persons. 

* * * * * 

COMBATING TRAFFICKING IN 

PERSONS (FEB 2009) 

(a) * * * 

* * * * * 

Forced Labor means knowingly providing 

or obtaining the labor or services of a 

person— 

(1) By threats of serious harm to, or 

physical restraint against, that person or 

another person; 

(2) By means of any scheme, plan, or 

pattern intended to cause the person to 

believe that, if the person did not perform 

such labor or services, that person or another 

person would suffer serious harm or physical 

restraint; or 

(3) By means of the abuse or threatened 

abuse of law or the legal process. 

* * * * * 

(e) * * * 

(1) Requiring the Contractor to remove a 

Contractor employee or employees from the 

performance of the contract; 

(2) Requiring the Contractor to terminate a 

subcontract; 

* * * * * 

(g) Mitigating Factor. The Contracting 

Officer may consider whether the Contractor 

had a Trafficking in Persons awareness 

program at the time of the violation as a 

mitigating factor when determining remedies. 

Additional information about Trafficking in 

Persons and examples of awareness programs 

can be found at the website for the 

Department of State’s Office to Monitor and 

Combat Trafficking in Persons at http:// 

www.state.gov/g/tip. 

(End of clause) 

■ 8. Amend section 52.244–6 by 

revising the date of the clause; by 

redesignating paragraph (c)(1)(vii) as 

paragraph (c)(1)(viii); and adding a new 

paragraph (c)(1)(vii) to read as follows: 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

SUBCONTRACTS FOR 

COMMERCIAL ITEMS (FEB 2009) 

* * * * * 

(c)(1) * * * 

(vii) 52.222–50, Combating Trafficking in 

Persons (FEB 2009) (22 U.S.C. 7104(g)). 

* * * * * 

[FR Doc. E9–548 Filed 1–14–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 22, 25, and 52 

[FAC 2005–30; FAR Case 2007–016; Item 

VIII; Docket 2008–0001; Sequence 3] 

RIN 9000–AK89 

Federal Acquisition Regulation; FAR 

Case 2007–016, Trade Agreements— 

New Thresholds 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on a final rule 

amending the Federal Acquisition 

Regulation (FAR) to incorporate 

increased thresholds for application of 

the World Trade Organization 

Government Procurement Agreement 

and the Free Trade Agreements, as 

determined by the United States Trade 

Representative. 

DATES: Effective Date: January 15, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925, for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. Please cite FAC 

2005–30, FAR case 2007–016. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

73 FR 10962 on February 28, 2008, to 

implement the biannual changes 

specified by the United States Trade 

Representative (USTR) to the trade 

agreements thresholds. A correction was 

published in the Federal Register at 73 

FR 16747, March 28, 2008. 

No comments were received by the 

close of the public comment period on 

April 28, 2008. Therefore, the Councils 

agreed to convert the interim rule to a 

final rule without change. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Department of Defense, the 

General Services Administration, and 

the National Aeronautics and Space 

Administration certify that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because the 

dollar threshold changes are designed to 

keep pace with inflation and thus 

maintain the status quo. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 104–13) applies because the final rule 

contains information collection 

requirements that affect the 

prescriptions for use of the certifications 

at FAR 52.225–4 (OMB Control No. 

9000–0130) and FAR 52.225–6 (OMB 

Control No. 9000–0025) and the clauses 

at FAR 52.225–9 and 52.225–11 (OMB 

Control No. 9000–0141), which contain 

information collection requirements 

approved under the specified OMB 

control numbers by the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq. However, there is no 

impact on the estimated burden hours, 

because the threshold changes are in 


sroberts on PROD1PC70 with RULES
2746 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

line with inflation and maintain the 

status quo. 

List of Subjects in 48 CFR Parts 22, 25, 

and 52 

Government procurement. 

Dated: December 24, 2008 

Edward Loeb, 

Acting Director, Office of Acquisition Policy. 

Interim Rule Adopted as Final 

Without Change 

Accordingly, the interim rule 

amending 48 CFR parts 22, 25, and 52, 

which was published at 73 FR 10962 on 

February 28, 2008, and amended at 73 

FR 16747 on March 28, 2008, is adopted 

as a final rule without change. 

[FR Doc. E9–547 Filed 1–14–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 15 

[FAC 2005–30; Item IX; Docket FAR–2009– 

0011; Sequence 1] 

Federal Acquisition Regulation; 

Technical Amendment 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes an 

amendment to the Federal Acquisition 

Regulation in order to make an editorial 

change. 

DATES: Effective Date: January 15, 2009. 

FOR FURTHER INFORMATION CONTACT The 

FAR Secretariat, Room 4041, GS 

Building, Washington, DC, 20405, (202) 

501–4755, for information pertaining to 

status or publication schedules. Please 

cite FAC 2005–30, Technical 

Amendment. 

List of Subjects in 48 CFR Part 15 

Government procurement. 

Dated: December 24, 2008. 

Edward Loeb, 

Acting Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 15 as set forth 

below: 

PART 15—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for 48 CFR 

part 15 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

15.101–2 [Amended] 

■ 2. Amend section 15.101–2 by 

removing from paragraph (b)(1) 

‘‘15.304(c)(3)(iv)’’ andadding 

‘‘15.304(c)(3)(iii)’’ in its place. 

[FR Doc. E9–546 Filed 1–14–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0013, Sequence 1] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–30; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide has 

been prepared in accordance with 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It consists of a summary of rules 

appearing in Federal Acquisition 

Circular (FAC) 2005-30 which amend 

the FAR. An asterisk (*) next to a rule 

indicates that a regulatory flexibility 

analysis has been prepared. Interested 

parties may obtain further information 

regarding these rules by referring to FAC 

2005-30, which precedes this document. 

These documents are also available via 

the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT Hada 

Flowers, Regulatory Secretariat, (202) 

208-7282. For clarification of content, 

contact the analyst whose name appears 

in the table below. 

LIST OF RULES IN FAC 2005–30 

Item Subject FAR case Analyst 

I ............ Federal Procurement Data System (FPDS) .................................................................................... 2004–038 Woodson. 

II ........... Commercially Available Off-the-Shelf (COTS) Items ...................................................................... 2000–305 Jackson. 

•III ........ Exemption of Certain Service Contracts from the Service Contract Act (SCA) ............................. 2001–004 Woodson. 

IV .......... Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts-Section 844 of the National Defense Authorization Act for Fiscal Year 2008 (Interim).2008–003 Woodson. 

V ........... SAFETY Act: Implementation of DHS Regulations ......................................................................... 2006–023 Chambers. 

•VI ........ Electronic Products Environmental Assessment Tool (EPEAT) ..................................................... 2006–030 Clark. 

VII ......... Combating Trafficking in Persons .................................................................................................... 2005–012 Woodson. 

VIII ........ Trade Agreements—New Thresholds ............................................................................................. 2007–016 Murphy. 

IX .......... Technical Amendment .....................................................................................................................

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments to these FAR cases, refer to 

the specific item number and subject set 

forth in the documents following these 

item summaries. 

FAC 2005–30 amends the FAR as 

specified below: 


sroberts on PROD1PC70 with RULES