45378 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the DTV Table of 

Allotments under Missouri, is amended 

by adding channel 29 and removing 

channel 9 at Kansas City. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E8–17920 Filed 8–4–08; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 528 and 552 

[GSAR Case 2006–G517; Docket 2008–0007; 

Sequence 13] 

RIN 3090–AI64 

General Services Acquisition 

Regulation; GSAR Case 2006–G517; 

Rewrite of GSAR Part 528, Bonds and 

Insurance 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise language 

that provides requirements for bonds 

and insurance. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before October 6, 2008 

to be considered in the formulation of 

a final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2006–G517 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘GSAR Case 2006–G517’’

under the heading ‘‘Comment or 

Submission’’. Select the link ‘‘Send a 

Comment or Submission’’ that 

corresponds with GSAR Case 2006–

G517. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR Case 2006–G517’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW., Room 4041, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2006–G517 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: For 

clarification of content, contact Mr. 

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

or by e-mail at 

michaelo.jackson@gsa.gov. 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. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The General Services Administration 

(GSA) is amending the General Services 

Administration Acquisition Regulation 

(GSAR) to revise GSAR 528.202, 

Acceptability of corporate sureties, and 

528.310, Contract clause for work on a 

Government installation; to add 

528.311, Solicitation provision and 

contract clause on liability insurance 

under cost-reimbursement contracts, 

and the GSAR clause at 552.228–5, 

Government as Additional Insured; and 

to delete GSAR clause 552.228–70, 

Workers’ Compensation Laws. 

This rule is a result of the General 

Services Administration Acquisition 

Manual (GSAM) Rewrite initiative 

undertaken by GSA to revise the GSAM 

to maintain consistency with the 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 General Services 

Administration Acquisition Regulation 

(GSAR) as well as internal agency 

acquisition policy. 

GSA will rewrite each part of the 

GSAR and GSAM, and as each GSAR 

part is rewritten, will publish it in the 

Federal Register. 

This rule covers the rewrite of GSAR 

Part 528. The rule amends Part 528 to 

update the text addressing GSAR 

528.202, Acceptability of corporate 

sureties, and 528.310, Contract clause 

for work on a Government installation. 

The rule adds 528.311, Solicitation 

provision and contract clause on 

liability insurance under costreimbursement contracts, and the GSAR 

clause at 552.228–5, Government as 

Additional Insured, and deletes the 

clause 552.228–70, Workers’

Compensation Laws. The specific 

changes are as follows: 

• The language in 528.202, 

Acceptability of corporate sureties, is 

revised to change ‘‘you’’ to ‘‘The 

contracting officer.’’

• GSAR 528.310, Contract clause for 

work on a Government installation, 

deletes 528.310(b) and the clause 

552.228–70, Workers’ Compensation 

Laws. Clause 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 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 45379 

contractual effect. GSAR 528.310(b) is 

being deleted because it relates to 

proposed deletion of 552.228–70 where 

it states ‘‘in the case of an ownercontrolled insurance program, or wrapup insurance, the clause will be a part 

of the policy holder’s requirements’’ the 

phrase ‘‘the clause’’ refers to 552.528–

70. 

• GSA is proposing to add 528.311, 

Solicitation provision and contract 

clause on liability insurance under costreimbursement contracts. The new 

language at 528.311–1 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 proposing to add 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 552.228–5 replaced the 

newly deleted 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. 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. 

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 

does 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 revisions are not considered 

substantive. The revisions only update 

and reorganize existing coverage. An 

Initial Regulatory Flexibility Analysis 

has, therefore, not been performed. We 

invite comments from small businesses 

and other interested parties. GSA will 

consider comments from small entities 

concerning the affected GSAR Parts 528 

and 552 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. (GSAR Case 2006–

G517), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act 

applies; 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: July 28, 2008. 

Al Matera, 

Director, Office of Acquisition Policy, U.S. 

General Services Administration. 

Therefore, GSA proposes to amend 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). 

528.202 [Amended] 

2. Amend section 528.202 by 

removing the word ‘‘You’’ and adding 

the words ‘‘The contracting officer’’ in 

its place. 

3. Revise section 528.310 to read as 

follows: 

528.310 Contract clause for work on a 

Government installation. 

Insert the clause at 552.228–5, 

Government as Additional Insured, in 

each solicitation and contract that meets 

all the following conditions: 

(a) The contract amount is expected to 

exceed the simplified acquisition 

threshold. 

(b) The contract will require work to 

be performed on Government property. 

4. Add section 528.311 to read as 

follows: 

528.311 Solicitation provision and 

contract clause on liability insurance under 

cost-reimbursement contracts. 

528.311–1 Contract clause. 

Use the clause at FAR 52.228–7, 

Insurance—Liability to Third Persons, 

in solicitations and contracts, other than 

those for construction and those for 

architect-engineer services, when a costreimbursement contract is 

contemplated, unless the head of the 

contracting activity waives the 

requirement for use of the clause. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

5. The authority citation for 48 CFR 

part 552 continues to read as follows: 

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

6. Add section 552.228–5 to read as 

follows: 

552.228–5 Government as Additional 

Insured. 

As prescribed in 528.310, insert the 

following clause: 

GOVERNMENT AS ADDITIONAL 

INSURED (DATE) 

(a) This clause supplements the 

requirements set forth in FAR clause 52.528–

5, Insurance—Work on a Government 

Installation. 

(b) Each insurance policy required under 

this contract, other than workers’

compensation insurance, shall contain an 

endorsement naming the United States as an 

additional insured with respect to operations 

performed under this contract. The insurance 

carrier is required to waive all subrogation 

rights against any of the named insured. 

(End of clause) 

552.228–70 [Removed] 

7. Section 552.228–70 is removed. 

[FR Doc. E8–17938 Filed 8–4–08; 8:45 am] 

BILLING CODE 6820–61–S 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 546 and 552 

[GSAR Case 2008–G514; Docket 2008–0007; 

Sequence 14] 

RIN 3090–AI69 

General Services Acquisition 

Regulation; GSAR Case 2008–G514; 

Rewrite of GSAR Part 546, Quality 

Assurance 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise language 

that provides requirements for quality 

assurance. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before October 6, 2008 

to be considered in the formulation of 

a final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2008–G514 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 


dwashington3 on PRODPC61 with PROPOSALS