[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38683-38684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15914]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 10, 13, 18, 26, and 52

[FAC 2005-43; FAR Case 2008-035; Item II; Docket 2009-0033, Sequence 1]
RIN 9000-AL30


Federal Acquisition Regulation; FAR Case 2008-035, Registry of 
Disaster Response Contractors

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 adopted, as final 
without change, the interim rule amending the Federal Acquisition 
Regulation (FAR) to implement the Department of Homeland Security 
Appropriations Act, 2007, section 697, which requires the establishment 
and maintenance of a registry of disaster response contractors.

DATES: Effective Date: August 2, 2010.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Millisa Gary, Procurement Analyst, at (202) 501-0699. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-43, FAR case 2008-
035.

SUPPLEMENTARY INFORMATION: 

A. Background

    Public Law 109-295, the Department of Homeland Security 
Appropriations Act, 2007, section 697, requires the establishment and 
maintenance of a registry of contractors willing to perform debris 
removal, distribution of supplies, reconstruction, and other disaster 
or emergency relief activities. In addition, contracting officers are 
required to consult the registry during market research and acquisition 
planning.
    The interim rule was published in the Federal Register on October 
14, 2009 (74 FR 52847). The public comment period closed on December 
14, 2009. No comments were received in response to the interim rule.
    In the interim rule, the Councils amended the language at FAR 2.101 
to add a definition of ``Disaster Response Registry,'' and at FAR 
4.1104, 18.102, and 26.205 to require contracting officers to consult 
the registry at  http://www.ccr.gov. In addition, a requirement was 
added to FAR 10.001 to require contracting officers to take advantage 
of commercially available market research methods to identify 
capabilities to meet agency requirements for disaster relief.
    The Disaster Response Registry is located at www.ccr.gov. The 
Federal Emergency Management Agency (within the Department of Homeland 
Security) has a link to the registry for vendors on its Web site http://www.fema.gov/business/contractor.shtm. The Registry covers disaster 
and emergency relief activities inside the United States and its 
outlying areas only. Major disaster and emergency declarations are 
published in the Federal Register and are available at http://www.fema.gov/news/disasters.fema.
    This is a significant regulatory action and, therefore, was 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 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, 5 U.S.C. 601, et seq., because this rule does not 
revise or change existing regulations pertaining to small business 
concerns seeking Government contracts. In addition, the Councils sought 
comments from small businesses on the affected FAR parts at the 
publication of the interim rule. No comments were received.

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 2, 4, 7, 10, 13, 18, 26, and 52

    Government procurement.


[[Page 38684]]


    Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 2, 4, 7, 10, 
13, 18, 26, and 52, which was published in the Federal Register at 74 
FR 52847 on October 14, 2009, is adopted as a final rule without 
change.

[FR Doc. 2010-15914 Filed 7-1-10; 8:45 am]
BILLING CODE 6820-EP-P