[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40467-40468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19167]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 30 and 52

[FAC 2005-36; FAR Case 2007-002; Item VI; Docket 2008-0001, Sequence 
22]
RIN 9000-AL09


Federal Acquisition Regulation; FAR Case 2007-002, Cost 
Accounting Standards (CAS) Administration and Associated Federal 
Acquisition Regulation Clauses

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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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 revise the 
contract clauses related to the administration of the Cost Accounting 
Standards (CAS) to maintain consistency between the FAR and CAS.

DATES: Effective Date: August 11, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Edward N. Chambers, Procurement Analyst, at (202) 501-3221. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAR Case 2007-002.

SUPPLEMENTARY INFORMATION:

A. Background

    The CAS Board published a final rule in the Federal Register at 72 
FR 32809 on June 14, 2007, revising the contract clauses for CAS 
administration. The final rule effected the following changes:
     Amended the CAS applicability threshold to be the same as 
the threshold for compliance with the Truth in Negotiations Act (TINA) 
as required by section 822 of the 2006 National Defense Authorization 
Act (Pub. L. 109-163). The TINA threshold is currently $650,000.
     Changed the effective dates of 48 CFR 9903.201-3 and 48 
CFR 9903.201-4(a), (c), and (e) from April 2000 and June 2000, 
respectively, to June 2007.
    The CAS Board published a final rule in the Federal Register at 65 
FR 37470 on June 14, 2000, revising the contract clauses for CAS 
administration. The final rule specified that the interest rate for 
overpayments by the Government under 48 CFR 9903.201-4(a), (c), and (e) 
shall be computed at the annual rate established under section 
6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)).
    In order to maintain consistency between CAS and FAR, the Councils 
issued an interim rule revising 30.201-4 and 50.230-1 through 50.230-5.
    This final rule adopts, without change, the interim rule published 
in the Federal Register at 73 FR 54011 on September 17, 2008. No public 
comments were received in response to the interim rule.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive

[[Page 40468]]

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, at 5 U.S.C. 601, et seq., because contracts and 
subcontracts awarded to small businesses are exempt from the Cost 
Accounting Standards.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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 30 and 52

    Government procurement.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 30 and 52, which 
was published in the Federal Register at 73 FR 54011 on September 17, 
2008, is adopted as a final rule without change.
[FR Doc. E9-19167 Filed 8-10-09; 8:45 am]
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