Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17097 

State and location Community 

No. 

Effective date authorization/ 

cancellation of sale of flood insurance 

in community 

Current effective 

map date 

Date certain 

federal 

assistance no 

longer available 

in SFHAs 

Region IX 

California: 

Carmel By The Sea, City of, Monterey 

County.

060196 N/A, Emerg; December 18, 1997, Reg; April 

14, 2009, Susp.

......do ............... Do. 

Del Rey Oaks, City of, Monterey County.060197 June 23, 1978, Emerg; November 4, 1981, 

Reg; April 14, 2009, Susp.

......do ............... Do. 

Gonzales, City of, Monterey County ..... 060198 July 25, 1975, Emerg; November 18, 1981, 

Reg; April 14, 2009, Susp.

......do ............... Do. 

Greenfield, City of, Monterey County .... 060446 January 27, 1977, Emerg; August 23, 1982, 

Reg; April 14, 2009, Susp.

......do ............... Do. 

Monterey County, Unincorporated 

Areas.

060195 March 9, 1977, Emerg; January 30, 1984, 

Reg; April 14, 2009, Susp.

......do ............... Do. 

Pacific Grove, City of, Monterey County 060201 N/A, Emerg; January 12, 1998, Reg; April 

14, 2009, Susp.

......do ............... Do. 

*

do =Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension. 

Dated: March 26, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–8379 Filed 4–10–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 390 

[Docket No. MARAD 2008 0075] 

RIN 2133–AB71 

Capital Construction Fund; 

Corrections 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Correcting amendments. 

SUMMARY: The Maritime Administration 

published a document in the Federal 

Register on September 30, 2008, revising 

the Capital Construction Fund 

regulation. The document inadvertently 

failed to update all of the legal citations 

within the regulation and this rule 

makes these changes. 

DATES: Effective Date: This final rule is 

effective April 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Murray Bloom, Chief, Division of 

Maritime Programs, Maritime 

Administration at 202–366–5320, via 

e-mail at Murray.Bloom@dot.gov, or by 

writing to Murray Bloom, Office of the 

Chief Counsel, Maritime 

Administration, MAR–222, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

In FR Doc. 2008–0075 appearing on 

page 56738 in the Federal Register of 

Tuesday, September 30, 2008, 

corrections are made in this erratum. 

List of Subjects in 46 CFR Part 390 

Income taxes, Investments, Maritime 

carriers, Vessels. 

■ Accordingly, 46 CFR Part 390 is 

corrected by making the following 

correcting amendments: 

PART 390—CAPITAL CONSTRUCTION 

FUND 

■ 1. The authority citation for part 390 

is amended to read as follows: 

Authority: Secs. 53501, et seq., of Title 46, 

United States Code, formerly, sec. 607, 

Merchant Marine Act, 1936, as amended (46 

App. U.S.C. 1177); 49 CFR 1.66. 

§ 390.5 [Amended] 

■ 2. In § 390.5, paragraph (c)(7)(iii) is 

amended by removing the phrase, 

‘‘paragraphs (c)(7)(i) and (ii) of this 

section’’ and adding in its place the 

phrase ‘‘(c)(8)(i) and (ii) of this section.’’ 

Appendix I to Part 390 [Amended] 

■ 3. In Appendix I to Part 390, remove 

the phrase ‘‘as amended (46 U.S.C. 

802)’’. 

■ 4. In the table below, for each section 

indicated in the left column, remove the 

phrase indicated in the middle column 

and add the phrase indicated in the 

right column: 

Section Remove Add 

Appendix I to Part 390 ....................................... section 607 of the Act ...................................... 46 U.S.C. 53501 et seq. 

Appendix I to Part 390 ....................................... subsection 607(f) of the Act ............................. 46 U.S.C. 53509. 

Appendix II to Part 390 ...................................... section 607 of the Act ...................................... 46 U.S.C. 53501 et seq. 

Appendix II to Part 390 ...................................... section 607(k) of the Act .................................. 46 U.S.C. 53501. 

Appendix II to Part 390 ...................................... section 167 of the Internal Revenue Code of 

1954.

section 167 of the Internal Revenue Code of 

1986. 

Appendix IV to Part 390 ..................................... section 607 of the Merchant Marine Act, 

1936, as amended (‘‘Act’’).

46 U.S.C. 53501 et seq. 

Appendix IV to Part 390 ..................................... Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

Appendix V to Part 390 ...................................... section 607 of the Merchant Marine Act, 

1936, as amended.

46 U.S.C. 53501 et seq. 

17098 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

By Order of the Maritime Administrator. 

Dated: April 6, 2009. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E9–8226 Filed 4–13–09; 8:45 am] 

BILLING CODE 4910–81–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 528 and 552 

[GSAR Amendment 2009–02; GSAR Case 

2006–G517 (Change 28); Docket 2008-0007; 

Sequence 3] 

RIN 3090–AI64 

General Services Administration 

Acquisition Regulation; GSAR Case 

2006–G517, Rewrite of GSAR Part 528, 

Bonds and Insurance 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

GSA Acquisition Regulation (GSAR) to 

update the text addressing bonds and 

insurance. This rule is a result of the 

GSA Acquisition Manual (GSAM) 

rewrite initiative undertaken by GSA to 

revise the GSAM to maintain 

consistency with the Federal 

Acquisition Regulation (FAR), and to 

implement streamlined and innovative 

acquisition procedures that contractors, 

offerors, and GSA contracting personnel 

can utilize when entering into and 

administering contractual relationships. 

The GSAM incorporates the GSAR as 

well as internal agency acquisition 

policy. 

DATES: Effective Date: May 14, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Michael O. Jackson at (202) 208–4949. 

For information pertaining to the status 

or publication schedules, contact the 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4755. Please cite 

GSAR Case 2006–G517 (Change 28). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The General Services Administration 

published an Advance Notice of 

Proposed Rulemaking (ANPR) in the 

Federal Register at 71 FR 7910 on 

February 15, 2006, with request for 

comments on all parts of the GSAM. No 

comments were received on Part 528. 

However, internal review comments 

have been incorporated as appropriate. 

A proposed rule for the regulatory 

portion of the GSAM was published in 

the Federal Register at 73 FR 45378 on 

August 5, 2008. The public comment 

period for GSAR Part 528 closed on 

October 6, 2008, and no comments were 

received. 

The Rewrite of Part 528 

This final rule contains the revisions 

made to Part 528, Bonds and Insurance, 

as a result of internal review comments. 

The rule revises Part 528 to address the 

text at GSAR 528.202, Acceptability of 

corporate sureties, and GSAR 528.310, 

Contract clause for work on a 

Government installation. The rule adds 

GSAR 528.311, Solicitation provision 

and contract clause on liability 

insurance under cost-reimbursement 

contracts, and GSAR 552.228–5, 

Government as Additional Insured, and 

deletes GSAR 552.228–70, Workers’ 

Compensation Laws. The specific 

changes are as follows: 

• The language in GSAR 528.202, 

Acceptability of corporate sureties is 

revised to change ‘‘you’’ to the 

‘‘contracting officer.’’ 

• The change in GSAR 528.310, 

Contract clause for work on a 

Government installation deletes GSAR 

528.310 paragraph (b) and GSAR 

552.228–70, Workers’ Compensation 

Laws. The clause GSAR 552.228–70 is 

deleted because its only purpose is to 

recite the fact that 40 U.S.C. 3172 effects 

a limited cession of jurisdiction to states 

with respect to enforcement of worker’s 

compensation laws and has no 

contractual effect. Paragraph (b) in 

GSAR 528.310 is being deleted because 

it relates to the deletion of GSAR 

552.228–70 where it states ‘‘in the case 

of an owner-controlled insurance 

program, or wrap-up insurance, the 

clause will be a part of the policy 

holder’s requirements’’ the phrase ‘‘the 

clause’’ refers to GSAR 552.528–70. 

• GSA is adding GSAR 528.311, 

Solicitation provision and contract 

clause on liability insurance under costreimbursement contracts. The new 

language at section 528.311–l clarifies 

the usage for the FAR clause 52.228–7, 

Insurance—Liability to Third Persons, 

in solicitations and contracts. The 

language states that other than contracts 

and solicitations for construction and 

architect-engineer services, when a costreimbursement contract is 

contemplated, unless the head of the 

contracting activity waives the 

requirement for use of the clause, FAR 

clause 52.228–7 is required. 

• GSA is adding clause 552.228–5 to 

the GSAR. The language in this clause 

was previously in the GSAR and based 

upon GSA’s experience with contracts 

that do not have such a clause, it is 

being reinstated to protect the Federal 

Government’s interest. In essence, the 

new GSAR 552.228–5 replaced the 

newly deleted GSAR 552.228–70. GSAR 

552.228–70 (formerly GSAR 552.228– 

75) did not serve any purpose other than 

to recite the fact that 40 U.S.C. 3172 

(formerly 40 U.S.C. 290) effects a 

limited cession of jurisdiction to states 

with respect to enforcement of worker’s 

compensation laws. GSAR clause 

552.228–70 had no contractual effect 

and was superfluous. 

Discussion of Comments 

There were no public comments 

received in response to the Advanced 

Notice of Proposed Rulemaking 

published in the Federal Register at 71 

FR 7910 on February 15, 2006. A 

proposed rule was published in the 

Federal Register at 73 FR 45378 on 

August 5, 2008. The comment period 

closed October 6, 2008, and no 

comments were received. 

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 General Services Administration 

certifies 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 revisions are not considered 

substantive. The revisions only update 

and reorganize existing coverage. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply; however, these changes to the 

GSAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Number 

3090–0027. 

List of Subjects in 48 CFR Parts 528 and 

552 

Government procurement. 

Dated: March 6, 2009 

Rodney P. Lantier, 

Acting, Senior Procurement Executive, Office 

of the Chief Acquisition Officer, General 

Services Administration. 

■ Therefore, GSA amends 48 CFR parts 

528 and 552 as set forth below: 

PART 528—BONDS AND INSURANCE 

■ 1. The authority citation for 48 CFR 

part 528 is revised to read as follows: 

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