Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 70343 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it has no effect on contractors 

or offerors. This rule only revises the 

regulation by accurately reflecting that 

the DOL is the administrative authority 

for certain functions that were formerly 

the function of the GAO. These 

requirements affect only the internal 

operating procedures of the 

Government. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

FAR revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

List of Subjects in 48 CFR Parts 22 and 

53 

Government procurement. 

Dated: November 17, 2014. 

William Clark, 

Acting Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 22 and 53 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 22 and 53 continues to read as 

follows: 

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

chapter 137; and 51 U.S.C. 20113. 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 2. Amend section 22.406–9 by 

revising paragraphs (c)(1) and (3) to read 

as follows: 

22.406–9 Withholding from or suspension 

of contract payments. 

* * * * * 

(c) Disposition of contract payments 

withheld or suspended—(1) Forwarding 

wage underpayments to the Secretary of 

Labor. Upon final administrative 

determination, if the contractor or 

subcontractor has not made restitution, 

the contracting officer must follow the 

Department of Labor guidance 

published in Wage and Hour Division, 

All Agency Memorandum (AAM) No. 

215, Streamlining Claims for Federal 

Contractor Employees Act. The AAM 

No. 215 can be obtained at http://

www.dol.gov/whd/govcontracts/

dbra.htm; under Guidance there is a 

link for All Agencies Memoranda 

(AAMs). 

* * * * * 

(3) Limitation on returning funds. If 

the Department of Labor requested the 

withholding or if the findings are 

disputed (see 22.406–10(e)), the 

contracting officer must not return the 

funds to the contractor without approval 

by the Department of Labor. 

* * * * * 

22.406–11 [Amended] 

■ 3. Amend section 22.406–11 by 

removing from the introductory 

paragraph ‘‘, and the Comptroller 

General’’. 

PART 53—FORMS 

■ 4. Amend section 53.222 by revising 

the section heading; and removing and 

reserving paragraph (d) to read as 

follows: 

53.222 Application of labor laws to 

Government acquisitions (SF’s 307, 1413, 

1445, 1446, WH–347). 

* * * * * 

53.301–1093 [Removed] 

■ 5. Remove section 53.301–1093. 

[FR Doc. 2014–27659 Filed 11–24–14; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 39 and 52 

[FAC 2005–78; FAR Case 2014–006; Item 

III; Docket 2011–0023, Sequence 1] 

RIN 9000–AM53 

Federal Acquisition Regulation; Year 

Format 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

delete obsolete regulations relating to 

the year 2000 compliance. 

DATES: Effective: December 26, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward Loeb, Procurement Analyst, at 

202–501–0650, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–78, FAR 

Case 2014–006. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

79 FR 16274 on March 25, 2014. No 

public comments were submitted. The 

final rule makes no changes from the 

proposed rule. 

DoD, GSA, and NASA are amending 

the FAR to delete obsolete coverage 

relating to the year 2000 compliance at 

FAR 39.002, 39.101(a) and 39.106. Also, 

the rule makes conforming changes to 

FAR 39.107 and the introductory text to 

the clause at FAR 52.239–1. The year 

2000 coverage is outdated, and no 

longer needed because all of the issues 

addressing the transition to year 2000 

compliance language have been 

resolved. Executive Order (E.O.) 13563, 

Improving Regulation and Regulatory 

Review, on retrospective review of 

regulations, requires agencies to 

conduct a review and analysis of their 

regulations and prepare a plan listing 

regulations that should be modified, 

streamlined, expanded, or repealed to 

make the agency’s regulatory program 

more effective or less burdensome in 

achieving the regulatory objectives. The 


tkelley on DSK3SPTVN1PROD with RULES3
70344 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 

deletion of this outdated FAR text is 

consistent with this E.O. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

III. Regulatory Flexibility Act 

DoD, GSA, and NASA have prepared 

a Final Regulatory Flexibility Analysis 

(FRFA) consistent with the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. The 

FRFA is summarized as follows: 

This rule amends the FAR to delete 

obsolete coverage relating to the year 2000 

compliance at FAR 39.002, 39.101(a) and 

39.106. Also, the rule makes conforming 

changes to FAR 39.107 and the introductory 

text to the clause at FAR 52.239–1. The year 

2000 coverage is no longer needed because 

all of the issues addressing the transition to 

year 2000 compliance language have been 

resolved. Based upon FPDS data, there were 

9021 IT contractors in FY 2013, of which 

6284 were small businesses. The impact on 

small businesses is expected to be neutral 

since we are deleting an obsolete 

requirement. 

The Regulatory Secretariat has 

submitted a copy of the FRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. Interested 

parties may obtain a copy of the FRFA 

from the Regulatory Secretariat. 

V. Paperwork Reduction Act 

The rule does not contain any new 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

List of Subjects in 48 CFR Parts 39 and 

52 

Government procurement. 

Dated: November 17, 2014. 

William Clark, 

Acting Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 39 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 39 and 52 continues to read as 

follows: 

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

chapter 137; and 51 U.S.C. 20113. 

PART 39—ACQUISITION OF 

INFORMATION TECHNOLOGY 

39.002 [Amended] 

■ 2. Amend section 39.002 by removing 

the definition ‘‘Year 2000 compliant’’. 

39.101 [Amended] 

■ 3. Amend section 39.101 by removing 

paragraph (a); and redesignating 

paragraphs (b) through (e) as paragraphs 

(a) through (d), respectively. 

39.106 [Removed] 

■ 4. Remove section 39.106. 

39.107 [Redesignated as 39.106] 

■ 5. Redesignate section 39.107 as 

section 39.106. 

PART 52–SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.239–1 [Amended] 

■ 6. Amend section 52.239–1 by 

removing from the introductory text 

‘‘39.107’’ and adding ‘‘39.106’’ in its 

place. 

[FR Doc. 2014–27660 Filed 11–24–14; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 44, 46, and 52 

[FAC 2005–78; FAR Case 2012–032; Item 

IV; Docket No. 2012–0032, Sequence 

No. 1] 

RIN 9000–AM65 

Federal Acquisition Regulation; 

Higher-Level Contract Quality 

Requirements 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

clarify when to use higher-level quality 

standards in solicitations and contracts. 

The rule also updates the examples of 

higher-level quality standards by 

removing obsolete standards and adding 

new industry standards that pertain to 

quality assurance for avoidance of 

counterfeit items. 

DATES: Effective: December 26, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward Loeb, Procurement Analyst, at 

202–501–0650, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755. Please cite FAC 2005– 

78, FAR Case 2012–032. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

78 FR 72620 on December 3, 2013, to 

revise FAR subpart 46.2, Contract 

Quality Requirements. The rule sought 

to ensure that agencies assess the risk of 

nonconforming items when determining 

whether higher-level quality standards 

should be used by the Government and 

relied on by contractors. Six 

respondents submitted comments on the 

proposed rule. 

II. Discussion and Analysis 

The Civilian Agency Acquisition 

Council and the Defense Acquisition 

Regulations Council (the Councils) 

reviewed the comments in the 

development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments are provided as 

follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

1. Revised FAR 46.202–4, Higherlevel contract quality requirements to— 

a. Clarify that higher-level quality 

standards include both overarching 

quality management system standards 

and product or process specific quality 

standards; 

b. Delete reference to SAE AS6174; 

and 

c. Add the commodity specific quality 

management system standard for 

automotive production, ISO/TS 16949. 

2. Clarified that the contracting officer 

will list the title, number, date, and 

tailoring (if any) of applicable higherVerDate Sep<11>2014 19:16 Nov 24, 2014 Jkt 235001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\25NOR3.SGM 25NOR3

tkelley on DSK3SPTVN1PROD with RULES3