[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 69009-69014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27869]


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DEPARTMENT OF ENERGY

48 CFR Parts 919, 922, 923, 924, 925, 926, and 952

RIN 1991-AB87


Acquisition Regulation: Socioeconomic Programs

AGENCY: Department of Energy.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) is amending the Department of 
Energy Acquisition Regulation (DEAR) Socioeconomic Programs to make 
changes to conform to the Federal Acquisition Regulation (FAR), remove 
out-of-date coverage, and update references. Today's rule does not 
alter substantive rights or obligations under current law.

DATES: Effective Date: December 10, 2010.

FOR FURTHER INFORMATION CONTACT: Barbara Binney at (202) 287-1340 or by 
e-mail, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Comments and Responses
III. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under Executive Order 12988
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act
    E. Review Under the National Environmental Policy Act
    F. Review Under Executive Order 13132
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 13211
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under the Small Business Regulatory Enforcement 
Fairness Act of 1996
    L. Approval by the Office of the Secretary of Energy

I. Background

    This final rule amends the existing Department of Energy 
Acquisition Regulation (DEAR) Subchapter D--Socioeconomic Programs. The 
purpose of this rule is to update DEAR Subchapter D--Socioeconomic 
Programs to conform it to the FAR. Changes are to DEAR parts 919, 922, 
923, 925, 926, and 952. A new part 924 is added to the DEAR. There are 
no DEAR parts 920 or 921. DEAR parts 919

[[Page 69010]]

and 926 will have another proposed rule to cover additional changes. 
None of today's changes are substantive or of a nature to cause any 
significant expense for DOE or its contractors.

II. Discussion

    DOE published a notice of proposed rulemaking on June 15, 2010 (75 
FR 33752), with a public comment period ending on July 15, 2010. DOE 
received no comments.
    DOE amends the DEAR as follows:
    1. Section 919.201 is amended to remove ``DOE'' in the first 
sentence of paragraph (c) and adding in its place ``Department of 
Energy (DOE)''.
    2. A new section 919.502 is added and the title of section 919.502-
2 is revised to ``Total small business set-asides'' to conform to the 
FAR.
    3. Section 919.503 is amended to revise the heading to ``Setting 
aside a class of acquisitions for small business'' and by removing 
``SBA'' and adding in its place ``Small Business Administration (SBA)'' 
in the first sentence.
    4. Section 919.7 is amended to revise the title heading to read 
``The Small Business Subcontracting Program'' to conform to the FAR.
    5. Sections 919.7007, 919.7009, 919.7010, and 919.7011 are amended 
to revise the punctuation in the introductory text to remove the ``.'' 
and adding in its place ``--''.
    6. Subpart 922.6 is removed and reserved. This subpart implemented 
detailed instructions on protests of eligibility determinations (FAR 
22.608) that were deleted from the FAR on December 20, 1996, 61 FR 
67410.
    7. Part 923 is amended by revising the heading to read Environment, 
Energy and Water Efficiency, Renewable Energy Technologies, 
Occupational Safety, and Drug Free Workplace.
    8. Subpart 923.5 is amended by adding a new section 923.500 Scope 
of subpart. This section clarifies that for contracts performed at DOE 
sites, in lieu of FAR Subpart 23.5, contracting activities shall use 
923.570, Workplace Substance Abuse Programs at DOE Sites.
    9. Section 923.570-1 is amended by renumbering paragraph (a) and 
removing paragraph (b) in its entirety. By adding the new section 
923.500, paragraph (b) at 923.570-1 is not needed.
    10. Section 923.570-3 is amended by correcting the clause reference 
in paragraph (a) to 970.5223-4, Workplace Substance Abuse Programs at 
DOE Sites.
    11. Section 923.7003 is amended by adding a new paragraph (h) to 
add a prescription on when to use the existing clauses at 952.223-75, 
Preservation of Individual Occupational Radiation Exposure Records, in 
contracts containing 952.223-71, Integration of Environment, Safety, 
and Health into Work Planning and Execution, or 952.223-72, Radiation 
Protection and Nuclear Criticality.
    12. Part 924 is a new part being added titled Part 924--Protection 
of Privacy and Freedom of Information. This new part provides the cross 
reference to DOE's regulations at 10 CFR part 1008, which implement the 
procedures prescribed at FAR 24.103.
    13. Section 925.103(b)(2)(ii) is added to prescribe the DOE 
procedures for proposed additions to the list of nonavailable items at 
FAR 25.104 list.
    14. Section 925.202 is renamed ``Exceptions'' to conform with the 
FAR.
    15. Section 925.202(b) is redesignated ``925.202(a)(2)'' and ``FAR 
25.202(a)(3)'' in the first sentence is changed to read ``48 CFR 
25.202(a)(2), if the cost of the materials is not expected to exceed 
$100,000'' to conform with the FAR and make the paragraph more concise.
    16. Subpart 925.9 is redesignated to read ``925.10'' and the title 
is amended to read ``Additional Foreign Acquisition Regulations'' to 
conform to the FAR.
    17. Section 925.901 is redesignated to read ``925.1001 Waiver of 
right to examination of records.''
    18. Section 925.901(c) is redesignated to read ``925.1001(b) 
Determination and findings.'' Additionally, the first sentence is 
revised to read ``A determination and finding required at 48 CFR 
25.1001(b) shall be forwarded to either the Director, Office of 
Contract Management, Office of Procurement and Assistance Management, 
or for the National Nuclear Security Administration (NNSA), to the 
Director, Office of Acquisition and Supply Management, for coordination 
of the Secretary's approval.''
    19. Section 926.7001 is amended by removing ``Department of 
Energy'' and adding in its place ``Department of Energy (DOE)'' in the 
first sentence in paragraph (a), changing the punctuation in paragraph 
(c) and revising paragraph (e) to read ``48 CFR subpart 15.6 and 
subpart 915.6'' to conform with the FAR.
    20. Sections 926.7005, 926.7006, and 926.7102 are amended by 
revising the punctuation.
    21. Sections 952.223-76 and 952.223-77 are amended to update the 
clauses to references to DOE Orders and Manuals.
    22. Sections 952.226-70 and 952.226-72 are amended by revising the 
two clause titles of the subcontracting plan to reflect the correct 
name, Small Business Subcontracting Plan.
    23. Sections 952.226-70, 952.226-71, 952.226-72, 952.226-73 are 
amended to revise the clauses' punctuation.
    24. Throughout, sections were amended as follows: removing ``FAR'' 
or ``DEAR'' and adding ``48 CFR''; removing ``(FAR)'', ``DEAR'', or 
``48 CFR''; revising the punctuation; and capitalizing Offeror, 
Contractor, Contractor's and Contracting Officer.

III. Procedural Requirements

A. Review Under Executive Order 12866

    Today's regulatory action has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993). 
Accordingly, this rule is not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) of the 
Office of Management and Budget (OMB).

B. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by section 3(a), section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the United 
States Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or if it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this rule meets the relevant standards of Executive 
Order 12988.

[[Page 69011]]

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
an agency prepare an initial regulatory flexibility analysis for any 
regulation for which a general notice or rulemaking is required, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities 
(5 U.S.C. 605(b)). This rule updates references in the DEAR that apply 
to public contracts and does not impose any additional requirements on 
small businesses. Today's rule does not alter any substantive rights or 
obligations and, consequently, today's rule will not have a significant 
cost or administrative impact on contractors, including small entities. 
On the basis of the foregoing, DOE certifies that this rule would not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, DOE has not prepared a regulatory flexibility 
analysis for this rulemaking. DOE's certification and supporting 
statement of factual basis will be provided to the Chief Counsel for 
Advocacy of the Small Business Administration pursuant to 5 U.S.C. 
605(b).

D. Review Under the Paperwork Reduction Act

    This final rule does not impose a collection of information 
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Existing burdens associated with the collection of certain 
contractor data under the DEAR have been cleared under OMB control 
number 1910-4100.

E. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this rule falls into a class 
of actions which would not individually or cumulatively have 
significant impact on the human environment, as determined by DOE's 
regulations (10 CFR part 1021, subpart D) implementing the National 
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). 
Specifically, this rule is categorically excluded from NEPA review 
because the amendments to the DEAR are strictly procedural (categorical 
exclusion A6). Therefore, today's rule does not require an 
environmental impact statement or environmental assessment pursuant to 
NEPA.

F. Review Under Executive Order 13132

    Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes 
certain requirements on agencies formulating and implementing policies 
or regulations that preempt State law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions. The Executive Order requires agencies to 
have an accountability process to ensure meaningful and timely input by 
state and local officials in the development of regulatory policies 
that have federalism implications. On March 14, 2000, DOE published a 
statement of policy describing the intergovernmental consultation 
process it will follow in the development of such regulations (65 FR 
13735). DOE has examined today's rule and has determined that it does 
not preempt State law and does not have a substantial direct effect on 
the States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. No further action is required by 
Executive Order 13132.

G. Review Under the Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires a Federal agency to perform a written assessment of costs and 
benefits of any rule imposing a Federal mandate with costs to State, 
local or tribal governments, or to the private sector, of $100 million 
or more. This rule does not impose any federal mandate on state, local 
or tribal governments or on the private sector.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a 
Family Policymaking Assessment for any rulemaking or policy that may 
affect family well-being. This rule will have no impact on the autonomy 
or integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 13211

    Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355, 
(May 22, 2001), requires Federal agencies to prepare and submit to 
Office of Information and Regulatory Affairs of the Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgates or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
Today's rule is not a significant energy action. Accordingly, DOE has 
not prepared a Statement of Energy Effects.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed 
today's rule under the OMB and DOE guidelines and has concluded that it 
is consistent with applicable policies in those guidelines.

K. Review Under the Small Business Regulatory Enforcement Fairness Act 
of 1996

    As required by 5 U.S.C. 801, the Department will report to Congress 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(3).

L. Approval by the Office of the Secretary of Energy Issuance of 
today's rule has been approved by the Office of the Secretary

List of Subjects in 48 CFR Parts 919, 922, 923, 924, 925, 926, and 
952

    Government procurement.


[[Page 69012]]


    Issued in Washington, DC, on October 27, 2010.
Patrick M. Ferraro,
Acting Director, Office of Procurement and Assistance Management, 
Department of Energy.
Joseph F. Waddell,
Director, Office of Acquisition and Supply Management, National Nuclear 
Security Administration.

0
For the reasons set out in the preamble, the Department of Energy 
amends Chapter 9 of Title 48 of the Code of Federal Regulations as set 
forth below.
0
1. The authority citation for parts 919 and 926 is revised to read as 
follows:

    Authority:  42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

PART 919--SMALL BUSINESS PROGRAMS


919.201  [Amended]

0
2. Section 919.201 is amended by removing ``DOE'' and adding in its 
place ``Department of Energy (DOE)'' in the first sentence in paragraph 
(c).

0
3. Section 919.502 is added to part 919 to read as follows:


919.502  Setting aside acquisitions.

0
4. Section 919.502-2 heading is revised to read:


919.502-2  Total small business set-asides.

* * * * *

0
5. Section 919.503 is amended by revising the heading as set forth 
below and by removing ``SBA'' and adding in its place ``Small Business 
Administration (SBA)'' in the first sentence.


919.503  Setting aside a class of acquisitions for small business.

* * * * *

Subpart 919.7--The Small Business Subcontracting Program

0
6. Subpart 919.7 heading is revised to read as set forth above.


919.7007  [Amended]

0
7. Section 919.7007 is amended by removing the ``:'' in paragraph (a) 
introductory text and adding in its place ``--''.


919.7009  [Amended]

0
8. Section 919.7009 is amended by removing the ``.'' in the 
introductory text and adding in its place ``--''.


919.7010  [Amended]

0
9. Section 919.7010 is amended by removing the ``:'' in the 
introductory text and adding in its place ``--''.


919.7011  [Amended]

0
10. Section 919.7011 is amended by removing the ``:'' in paragraphs (a) 
introductory text and (a)(1) and adding in its place ``--''.


919.501, 919.705-6, 919.805-2  [Amended]

0
11. In the table below, for each section indicated in the left column, 
remove the word indicated in the middle column from wherever it appears 
in the section, and add the word in the right column:

----------------------------------------------------------------------------------------------------------------
                 Section                              Remove                               Add
----------------------------------------------------------------------------------------------------------------
919.501(g)...............................  ``FAR 19.501(g),''..........  ``48 CFR 19.501,''.
919.705-6................................  ``FAR''.....................  ``48 CFR''.
919.805-2................................  ``the FAR''.................  ``48 CFR chapter 1''.
919.805-2................................  ``13 CFR 124.311(e)(1)''....  ``13 CFR part 124''.
----------------------------------------------------------------------------------------------------------------

919.7008, 919.7010, 919.7011, 919.7012  [Amended]

0
12. In the table below, for each section indicated in the left column, 
remove the word indicated in the right column from wherever it appears 
in the section:

------------------------------------------------------------------------
                  Section                              Remove
------------------------------------------------------------------------
919.7008(a)...............................  ``48 CFR''.
919.7010(c) and (k).......................  ``48 CFR''.
919.7011(b)...............................  ``48 CFR''.
919.7012(a)...............................  ``48 CFR''.
------------------------------------------------------------------------


0
13. The authority citation for parts 922, 923, and 925 continues to 
read as follows:

    Authority:  42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION


922.103-5  [Amended]

0
14. Section 922.103-5 is amended by removing ``FAR'' in 3 places and 
adding in its place ``48 CFR''.

Subpart 922.6--[Removed and Reserved]

0
15. Subpart 922.6 is removed and reserved.


922.800  [Amended]

0
16. Section 922.800 is amended by removing ``(FAR)''.

PART 923--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

0
17. The heading for part 923 is revised to read as set forth above.

0
18. Add a new section 923.500 to subpart 923.5 to read as follows:


923.500  Scope of subpart.

    For contracts performed at DOE sites, in lieu of 48 CFR subpart 
23.5, contracting activities shall use 923.570, Workplace Substance 
Abuse Programs at DOE Sites.

0
19. Section 923.570-1 is revised to read as follows:


923.570-1  Applicability.

    The policies, criteria, and procedure specified in 10 CFR part 707, 
Workplace Substance Abuse Programs at DOE Sites, apply to contracts for 
work performed at sites owned or controlled by DOE and operated under 
the authority of the Atomic Energy Act of 1954, as amended, where such 
work--
    (a) Has a value of $25,000 or more; and
    (b) Has been determined by DOE to involve--
    (1) Access to or handling of classified information or special 
nuclear materials;
    (2) High risk of danger to life, the environment, public health and 
safety or national security; or
    (3) The transportation of hazardous materials to or from a DOE 
site.

0
20. Section 923.570-3 is amended by removing ``970.5223'' in paragraph 
(a) and adding in its place ``970.5223-4''.

0
21. Section 923.7003 is amended by adding a new paragraph (h) to read 
as follows:


923.7003  Contract clauses.

* * * * *
    (h) The contracting officer shall insert the clause at 952.223-75, 
Preservation of Individual Occupational Radiation

[[Page 69013]]

Exposure Records, in contracts containing 952.223-71, Integration of 
Environment, Safety, and Health into Work Planning and Execution, or 
952.223-72, Radiation Protection and Nuclear Criticality.

0
22. Add a new part 924 to Subchapter D to read as follows:

PART 924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 924.1--Protection of Individual Privacy
Sec.
924.103 Procedures.

    Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

Subpart 924.1--Protection of Individual Privacy


924.103  Procedures.

    (b)(2) The Department of Energy rules and regulations on Privacy 
Act are implemented under 10 CFR part 1008.

PART 925--FOREIGN ACQUISITION

0
23. Section 925.103 is amended by:
0
a. Removing ``FAR'' in paragraph (a) and adding in its place ``48 
CFR''; and
0
b. Adding a new paragraph (b)(2)(ii) to read as follows:


925.103  Exceptions.

* * * * *
    (b)(2)(ii) Proposals to add an article to the list of nonavailable 
articles at 48 CFR 25.104, with appropriate justifications, shall be 
submitted for approval by the Senior Procurement Executive and 
submission to the appropriate council.

0
24. Section 925.202 is revised to read as follows:


925.202  Exceptions.

    (a)(2) Contracting officers may make the determination required by 
48 CFR 25.202(a)(2), if the cost of the materials is not expected to 
exceed $100,000.

Subpart 925.9--[Removed and Reserved]

0
25. Subpart 925.9 is removed and reserved.

0
26. Add a new subpart 925.10 consisting of 925.1001 to part 925 to read 
as follows:

Subpart 925.10--Additional Foreign Acquisition Regulations


925.1001  Waiver of right to examination of records.

    (b) Determination and findings. A determination and findings 
required by 48 CFR 25.1001(b) shall be forwarded to either the 
Director, Office of Contract Management, Office of Procurement and 
Assistance Management, or for the National Nuclear Security 
Administration (NNSA), to the Director, Office of Acquisition and 
Supply Management, for coordination of the Secretary's approval.

PART 926--OTHER SOCIOECONOMIC PROGRAMS


926.7001  [Amended]

0
27. Section 926.7001 is amended by:
0
a. Removing ``Department of Energy'' and adding in its place 
``Department of Energy (DOE)'' in the first sentence in paragraph (a);
0
b. Removing the ``:'' in paragraph (c) introductory text and adding in 
its place ``--''; and
0
c. Removing ``(FAR) 48 CFR 15.6 and (DEAR) 48 CFR 915.6'' in paragraph 
(e) and adding in its place ``48 CFR subpart 15.6 and subpart 915.6''.


926.7005  [Amended]

0
28. Section 926.7005 is amended by removing the ``:'' in paragraph 
(b)(1) introductory text and adding in its place ``--''.


926.7006  [Amended]

0
29. Section 926.7006 is amended by:
0
a. Removing the ``:'' in paragraph (a) introductory text and adding in 
its place ``--''; and
0
b. Removing ``(FAR)'' in paragraph (c) second sentence.


926.7007  [Amended]

0
30. Section 926.7007 is amended by:
0
a. Removing ``48 CFR'' in paragraph (d); and
0
b. Removing ``(FAR)'' in paragraph (e).


926.7102  [Amended]

0
31. Section 926.7102 is amended by removing the ``,'' and adding in its 
place ``;'' at the end of paragraphs (1) and (2).


926.7104  [Amended]

0
32. Section 926.7104 is amended by removing ``48 CFR (DEAR)''.

PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
33. The authority citation for part 952 continues to read as follows:

    Authority:  42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

0
34. Section 952.223-76 clause is amended by revising the date of the 
clause and revising paragraphs (d)(1)(i), (d)(2)(i) and (d)(3)(i) to 
read as follows:


952.223-76  Conditional payment of fee or profit--safeguarding 
restricted data and other classified information and protection of 
worker safety and health.

* * * * *

CONDITIONAL PAYMENT OF FEE OR PROFIT--SAFEGUARDING RESTRICTED DATA AND 
OTHER CLASSIFIED INFORMATION AND PROTECTION OF WORKER SAFETY AND HEALTH 
(DEC 2010)

    (d) * * *
    (1) * * *
    (i) Type A accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (2) * * *
    (i) Type B accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (3) * * *
    (i) Failure to implement effective corrective actions to address 
deficiencies/non-compliance documented through external (e.g., 
Federal) oversight and/or reported per DOE Manual 231.1-2, 
Occurrence Reporting and Processing of Operations Information, or 
its successor, requirements, or internal oversight of DOE Order 
470.2B, Independent Oversight and Performance Assurance Program, or 
its successor, requirements.
* * * * *

0
35. Section 952.223-77 is amended by revising the date of the clause 
and revising paragraphs (c)(1)(i), (c)(2)(i) and (c)(3)(i) to read as 
follows:


952.223-77  Conditional payment of fee or profit--protection of worker 
safety and health.

* * * * *

CONDITIONAL PAYMENT OF FEE OR PROFIT--PROTECTION OF WORKER SAFETY AND 
HEALTH (DEC 2010)

* * * * *
    (c) * * *
    (1) * * *
    (i) Type A accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (2) * * *
    (i) Type B accident (defined in DOE Order 225.1A, Accident 
Investigations, or its successor).
* * * * *
    (3) * * *
    (i) Failure to implement effective corrective actions to address 
deficiencies/non-compliance documented through external (e.g., 
Federal) oversight and/or reported per DOE Manual 231.1-2, 
Occurrence Reporting and Processing of Operations Information, or 
its successor, requirements, or internal oversight of DOE Order 
470.2B, Independent Oversight and Performance Assurance Program, or 
its successor, requirements.
* * * * *

[[Page 69014]]

952.226-70  [Amended]

0
36. Section 952.226-70 is amended by:
0
a. Removing the ``:'' in paragraphs (a) introductory text and (a)(1) 
and adding in its place ``--''; and
0
b. Removing ``Small, Small Disadvantaged and Women-Owned Subcontracting 
Plan'' in paragraphs (c) and (d) and adding in its place ``Small 
Business Subcontracting Plan''.


952.226-71  [Amended]

0
37. Section 952.226-71 is amended by removing the ``:'' in paragraphs 
(a) introductory text and (a)(1) and adding in its place ``--''.


952.226-72  [Amended]

0
38. Section 952.226-72 is amended by:
0
a. Removing the ``:'' in paragraphs (a) introductory text and (a)(1) 
and adding in its place ``--'';
0
b. Removing the ``:'' in paragraph (b) and adding in its place ``--'';
0
c. Adding ``and'' in paragraph (b)(2) after the ``;''; and
0
d. Removing ``Small, Small Disadvantaged and Women-Owned Subcontracting 
Plan'' in paragraph (c)(2) and adding in its place ``Small Business 
Subcontracting Plan''.


952.226-73  [Amended]

0
39. Section 952.226-73 is amended by:
0
a. Removing the ``:'' in paragraph (a)(1) and adding in its place ``--
''; and
0
b. Removing the ``,'' in paragraph (a)(1)(i) and adding in its place 
``;''.


952.226-74  [Amended]

0
40. Section 952.226-74 is amended by removing ``48 CFR (DEAR)'' before 
``926.7104'' in the introductory text.


952.219-70, 952.225-70, 952.226-70, 952.226-72, 952.226-73, and 
952.226-74  [Amended]

0
41. In the table below, for each section indicated in the left column, 
remove the word indicated in the middle column from wherever it appears 
in the section, and add the word in the right column:

----------------------------------------------------------------------------------------------------------------
                 Section                              Remove                               Add
----------------------------------------------------------------------------------------------------------------
952.219-70 in the provision second         ``contractor's''............  ``Contractor's''.
 sentence.
952.225-70(b) introductory text..........  ``contractor''..............  ``Contractor''.
952.226-70(c)............................  ``offeror''.................  ``Offeror''.
952.226-70(c)............................   ``offeror's''..............   ``Offeror's''.
952.226-72(b) introductory text..........  ``contractor''..............  ``Contractor''.
952.226-72(c)(1).........................  ``contractor''..............  ``Contractor''.
952.226-72(c)(1).........................  ``contracting officer''.....  ``Contracting Officer''.
952.226-72(c)(2).........................  ``contractor's''............  ``Contractor's''.
952.226-73(a) introductory text, and (b)   ``offeror''.................  ``Offeror''.
 in 2 places.
952.226-73(b)............................  ``contracting officer''.....  ``Contracting Officer''.
952.226-74(b) at its second occurrence...  ``contractor''..............  ``Contractor''.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-27869 Filed 11-9-10; 8:45 am]
BILLING CODE 6450-01-P