[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14571-14572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5560]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 31

[FAC 2005-50; FAR Case 2009-026; Item IX; Docket 2010-0088, Sequence 1]
RIN 9000-AL54


Federal Acquisition Regulation; Compensation for Personal 
Services

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an 
interim rule amending the Federal Acquisition Regulation (FAR). The 
interim rule aligned the FAR with the revised Cost Accounting Standards 
(CAS) Board standards ``Cost Accounting Standard for composition and 
measurement of pension cost,'' and ``Accounting for the cost of 
deferred compensation.''

DATES: Effective Date: March 16, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement 
Analyst, at (202) 501-3221 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-50, FAR 
Case 2009-026.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 75 FR 34285 on June 16, 2010, to maintain consistency 
between CAS and FAR in matters relating to the administration of CAS. 
The interim rule aligned the existing FAR 31.205-6(q)(2)(i) and (ii) 
with revisions to CAS 412 ``Cost Accounting Standards for composition 
and measurement of pension cost,'' and CAS 415 ``Accounting for the 
cost of deferred compensation.''
    The CAS Board had specified that the accounting of Employee Stock 
Ownership Plan (ESOP) costs, regardless of type, would be covered by 
the provisions of CAS 415 only and not by CAS 412. The CAS Board also 
provided criteria in CAS 415 for measuring ESOP costs and assigning 
these costs to cost accounting periods.
    DoD, GSA, and NASA received no comments on the interim rule and 
have adopted the interim rule as a final rule without change.

II. Executive Order 12866

    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.

III. 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 affected small 
businesses are currently required to comply with CAS 412 and CAS 415. 
While small businesses are otherwise not subject to CAS, they are 
subject to selected standards for the purpose of determining 
allowability of costs under Government contracts. Among these standards 
are CAS 412 and CAS 415 as set forth in FAR 31.205-6(q). For small 
businesses currently using CAS 415, there will be no increase in cost 
or effort. For small businesses that must change from CAS 412 to CAS 
415, the possible change from measuring costs in accordance with CAS 
412 to CAS 415 would result, at most, in a negligible increase in 
administrative burden because of the similarities between CAS 412 and 
CAS 415. The potential increase of administrative effort, albeit minor, 
will be offset by the uniformity and consistency in accounting for 
deferred compensation costs achieved by this rule that will benefit all 
entities by reducing their administrative burden.

IV. Paperwork Reduction Act

    The final 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 Part 31

    Government procurement.


[[Page 14572]]


    Dated: March 4, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR part 31, which was 
published in the Federal Register at 75 FR 34285 on June 16, 2010, is 
adopted as a final rule without change.

[FR Doc. 2011-5560 Filed 3-15-11; 8:45 am]
BILLING CODE 6820-EP-P