Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules 28771 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves the establishment of a safety 

zone. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposed to 

amend 33 CFR 165 as follows: 

PART 165—REGULATER NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

(1) The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

(2) Add § 165.T08–0059 to read as 

follows: 

§ 165.T08–0059 Safety Zone; Osage River, 

Mile 016.8 to 017.2. 

(a) Location. The following area is a 

safety zone: all waters of the Osage 

River, Mile 016.8 to 017.2 extending the 

entire width of the waterway. 

(b) Effective date. This rule is effective 

from 10 p.m. until 10:30 p.m. CDT on 

July 4, 2010. 

(c) Periods of Enforcement. This rule 

will be enforced from 10 p.m. until 

10:30 p.m. CDT on July 4, 2010. The 

Captain of the Port Upper Mississippi 

River will inform the public through 

broadcast notice to mariners of all safety 

zone changes and enforcement periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Upper Mississippi River or a 

designated representative. The Captain 

of the Port Upper Mississippi River 

representative may be contacted at (314) 

269–2332. 

(3) All persons and vessels must 

comply with the instruction of the 

Captain of the Port Upper Mississippi 

River or their designated representative. 

Designated Captain of the Port 

representatives include United States 

Coast Guard commissioned, warrant, 

and petty officers of the U.S. Coast 

Guard. 

Dated: April 13, 2010. 

S.L. Hudson, 

Captain, U.S. Coast Guard, Captain of the 

Port Upper Mississippi River. 

[FR Doc. 2010–12343 Filed 5–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4 and 52 

[FAR Case 2009–027; Docket 2010-0091; 

Sequence 1] 

RIN: 9000–AL60 

Federal Acquisition Regulation; FAR 

Case 2009–027, Personal Identity 

Verification of Contractor Personnel 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

provide additional regulatory coverage 

in Subpart 4.13 and in clause 52.204–9 

to reinforce the requirement of 

collecting from contractors all forms of 

Government provided identification 

once they are no longer needed to 

support a contract. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before July 23, 2010 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2009–027 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2009–027’’ under 

the heading ‘‘Enter Keyword or ID’’ and 

selecting ‘‘Search’’. Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘FAR Case 2009–027’’. Follow the 

instructions provided at the ‘‘ Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and ‘‘FAR 

Case 2009–027’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), 1800 F Street, NW., Room 

4041, ATTN: Hada Flowers, 

Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2009–027, in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT Ms. 

Suzanne Neurauter, Procurement 

Analyst, at (202) 219–0310 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAR case 2009–027. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Department of Defense Inspector 

General Audit Report No. D02009–005, 

titled Controls Over the Contractor 

Common Access Card (CAC) Life Cycle, 

was performed to determine whether 

Government controls were in place over 

contractor CACs. A CAC is the DoD term 

for a Personal Identity Verification (PIV) 

card. A PIV card is required in order to 

gain access to a Federal facility. The 

most prevalent issue of the audit report, 

and the one that the Councils are 

undertaking with this case, was that the 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

28772 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules 

CACs were not adequately accounted for 

after contract performance. 

The Councils are proposing to amend 

the FAR by inserting new paragraphs 

(d)(1) and (2) under section 4.1301, 

Policy. Paragraph (d)(1) will provide 

policy on recovering PIVs. The text in 

paragraph (d)(1) states that agency 

procedures shall ensure that 

Government contractors account for all 

forms of Government-provided 

identification issued to Government 

contractors under a contract, and return 

such identification to the issuing agency 

at the earliest of any of the following, 

unless otherwise determined by the 

agency: when no longer needed for 

contract performance; upon completion 

of a contractor employee’s employment; 

upon contract completion or 

termination. The text in paragraph (d)(2) 

states that the contracting officer may 

delay final payment under a contract if 

the contractor fails to comply with these 

requirements. 

The Councils are also proposing to 

modify FAR clause 52.204–9, Personal 

Identity Verification of Contractor 

Personnel to be consistent with Part 4. 

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 Councils do not expect this 

proposed rule to 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 

requirements of the actions required and 

the clause are not significantly 

burdensome. Currently, it is a common 

business practice to have procedures in 

place to revoke/return access cards 

when no longer in use by the contractor. 

An Initial Regulatory Flexibility 

Analysis has, therefore, not been 

performed. We invite comments from 

small businesses and other interested 

parties. The Councils will consider 

comments from small entities 

concerning the affected FAR Parts 4 and 

52 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAR case 2009–027), 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Parts 4 and 

52 

Government procurement. 

Dated: May 17, 2010. 

Edward Loeb, 

Acting Director, Acquisition Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 4 and 

52 as set forth below: 

1. The authority citation for 48 CFR 

parts 4 and 52 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). 

PART 4—ADMINISTRATIVE MATTERS 

2. Amend section 4.1301 by adding 

paragraphs (d)(1) and (d)(2) to read as 

follows: 

4.1301 Policy. 

* * * * * 

(d)(1) Agency procedures shall ensure 

that Government contractors account for 

all forms of Government-provided 

identification issued to Government 

contractors under a contract, i.e., the 

Personal Identity Verification (PIV) 

cards or other similar badges, and shall 

ensure that contractors return such 

identification to the issuing agency as 

soon as any of the following occurs, 

unless otherwise determined by the 

agency: 

(i) When no longer needed for 

contract performance. 

(ii) Upon completion of a contractor 

employee’s employment. 

(iii) Upon contract completion or 

termination. 

(2) The contracting officer may delay 

final payment under a contract if the 

contractor fails to comply with these 

requirements. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

3. Amend section 52.204–9 by: 

a. Revising the date of the clause; 

b. Redesignating paragraph (b) as 

paragraph (d), and adding new 

paragraphs (b) and (c); and revising the 

newly designated paragraph (d). 

The added and revised text reads as 

follows: 

52.204–9 Personal Identity Verification of 

Contractor Personnel. 

* * * * * 

PERSONAL IDENTITY VERIFICATION OF 

CONTRACTOR PERSONNEL (DATE) 

(b) The Contractor shall account for 

all forms of Government-provided 

identification issued to the Contractor 

under this contract. The contractor shall 

return such identification to the issuing 

agency at the earliest of any of the 

following, unless otherwise determined 

by the Government: 

(1) When no longer needed for 

contract performance. 

(2) Upon completion of the Contractor 

employee’s employment. 

(3) Upon contract completion or 

termination. 

(c) The contracting officer may delay 

final payment under a contract if the 

contractor fails to comply with these 

requirements. 

(d) The Contractor shall insert the 

substance of this clause, including this 

paragraph (d), in all subcontracts when 

the subcontractor is required to have 

routine physical access to a Federallycontrolled facility and/or routine access 

to a Federally-controlled information 

system. 

(End of clause) 

[FR Doc. 2010–12334 Filed 5–21–10; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF ENERGY 

48 CFR Parts 904, 952 and 970 

RIN 1991–AB85 

Acquisition Regulation: Access to and 

Ownership of Records 

AGENCY: Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE) is proposing to amend the 

Department of Energy Acquisition 

Regulation (DEAR) to revise the 

applicability and the policies and 

procedures involving the access to and 

ownership of records. Much work at 

DOE facilities is performed by 

contractor and subcontractor personnel 

and involves hazardous materials or the 

possibility of exposure to radioactive 

materials. It is necessary for the 

contractors and subcontractors to 

maintain extensive records for the 

Government involving these workers 

and processes, in particular, personnel; 

facility; occupational safety and health; 

environment; and medical records. DOE 

is proposing to amend these clauses for 

consistent inclusion in all applicable 

contracts, not just management and 

operating (M&O) contracts, based on the 

type of work being performed, to ensure 

preservation and Government 

ownership of records. Additionally, the 

proposed revisions address 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS