Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules 11985 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule 

concerning Pennsylvania’s adoption of a 

CTG for paper, film, and foil surface 

coating processes does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 22, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–4909 Filed 3–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, and 252 

[DFARS Case 2009–D043] 

RIN 0750–AG83 

Defense Federal Acquisition 

Regulation Supplement; Reporting of 

Government-Furnished Property 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 

ACTION: Notice of public meeting on 

proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

revise and expand reporting 

requirements for Government-furnished 

property to include items uniquely and 

non-uniquely identified, and to clarify 

policy for contractor access to 

Government supply sources. 

DATES: Public Meeting: DoD is hosting a 

public meeting to discuss the proposed 

rule on March 18, 2011, from 1 p.m. to 

4 p.m. DST. DoD published a notice of 

the public meeting on March 1, 2011 (76 

FR 11190). This notice provides 

additional information about the 

process for admittance to the meeting. 

Attendees should register for the public 

meeting at least one week in advance to 

ensure adequate room accommodations 

and to facilitate admittance into the 

meeting. Registrants will be given 

priority if room constraints require 

limits on attendance. To register, please 

go to—http://www.acq.osd.mil/dpap/ 

dars/Governmentfurnishedproperty.html and submit the 

following information: 

(1) Company or organization name; 

(2) Full names of persons attending; 

(3) Identity if desiring to speak; limit 

to a 10-minute presentation per 

company or organization; 

(4) Last four digits of social security 

number for each person attending (nonFederal employees only). 

Send questions about registration or 

the submission of comments to the email address identified at http:// 

www.acq.osd.mil/dpap/dars/ 

Government-furnishedproperty.html. 

Please cite ‘‘Public Meeting, DFARS 

Case 2009–D043’’ in the subject line of 

the e-mail. 

ADDRESSES: Public Meeting: The public 

meeting will be held in the General 

Services Administration (GSA) 

multipurpose room, 2nd floor, One 

Constitution Square (OCS), 1275 First 

Street, NE., Washington, DC 20417. 

Interested parties are encouraged to 

arrive at least 30 minutes early. 

Federal employees: Upon arrival at 

OCS, attendees may enter through the 

main entrance and show their badge to 

the security officer behind the front 

desk prior to gaining admittance. 

Non-Federal employees: Upon arrival 

at OCS, attendees must have a valid 

picture ID and enter through the visitor 

entrance. From there, they will be 

escorted to and from the meeting room 

by a designated GSA employee. If an 

attendee’s name is not on the list 

provided to security in advance of the 

meeting, the attendee will still be 

allowed into the meeting, but 

admittance may be delayed. 

If you wish to make a presentation, 

please contact and submit a copy of 

your presentation by March 11, 2011, to 

Ms. Clare Zebrowski, OUSD (AT&L) 

DPAP (DARS), 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20302– 

3060; facsimile 703–602–0350. Please 

cite ‘‘Public Meeting, DFARS Case 2009– 

D043’’ in all correspondence related to 

this public meeting. The submitted 

presentations will be the only record of 

the public meeting. If you intend to 

have your presentation considered as a 

public comment to be considered in the 

formation of a final rule, the 

presentation must be submitted 

separately as a written comment as 

instructed below. 

Special Accommodations: The public 

meeting is physically accessible to 

people with disabilities. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Clare Zebrowski, Telephone 703–602– 

0289; facsimile 703–602–0350. Please 

cite DFARS Case 2009–D043. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published a proposed rule in the 

Federal Register on December 22, 2010 

(75 FR 80427). DoD published an 

extension of the public comment period 

on February 18, 2011 (75 FR 9527). The 

public comment period ends on April 8, 

2011. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2011–4877 Filed 3–3–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 908, 945, and 970 

RIN 1991–AB86 

Acquisition Regulation: Department of 

Energy Acquisition Regulation, 

Government Property 

AGENCY: Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE) is proposing to amend the 

Department of Energy Acquisition 

Regulation (DEAR) to conform to the 

Federal Acquisition Regulation (FAR), 

remove out-of date government property 

coverage, and update references. This 

proposed rule does not alter substantive 

rights or obligations under current law. 

DATES: Written comments on the 

proposed rulemaking must be received 

on or before close of business April 4, 

2011. 

ADDRESSES: This proposed rule is 

available and you may submit 

comments, identified by DEAR: parts 

908, 945 and 970 and RIN 1991–AB86, 

by any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail to: 

DEARrulemaking@hq.doe.govmailto:. 

Include DEAR: parts 908 and 945 and 

RIN 1991–AB86 in the subject line of 

the message. 

Mail to: U.S. Department of Energy, 

Office of Resource Management, MA– 

632, 1000 Independence Avenue, SW., 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

11986 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules 

Washington, DC 20585. Comments by 

e-mail are encouraged. 

FOR FURTHER INFORMATION CONTACT: 

Helene Abbott at (202) 287–1593 or via 

e-mail: helene.abbott@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section-by-Section Analysis 

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. Approval by the Office of the Secretary 

of Energy 

I. Background 

DOE is proposing to amend parts 908, 

Required Sources of Supplies and 

Services, 945, Government Property, 

and related 970, Management and 

Operating Contracts, to remove out-ofdate coverage, to update references and 

to conform to the FAR. 

Part 945 is amended to conform to 

FAR Part 45, Government Property. On 

May 15, 2007 (72 FR 27364), in the 

Federal Acquisition Circular (FAC) 

2005–17, FAR Part 45 was amended to 

simplify procedures, clarify language, 

and eliminate out-of-date requirements 

related to the management and 

disposition of Government property in 

the possession of contractors by 

establishing a life-cycle approach to 

property management and sanctioning 

the use of consensus standards or 

industry-leading standards and 

practices for property management. The 

FAC deleted outdated clauses and 

combined selected FAR property 

clauses into a single clause. This 

proposed rule updates corresponding 

DEAR sections to conform to the FAR 

and other federal agencies’ procedures. 

None of these changes are substantive or 

of a nature to cause any significant 

expense for DOE or its contractors. 

II. Section-by-Section Analysis 

DOE proposes to amend the DEAR as 

follows: 

1. Section 908.1102 is amended by 

redesignating paragraph (a)(4) as 

908.1102–70 Vehicle leasing to conform 

to the FAR convention, and adding the 

phrase ‘‘All subsequent lease renewals 

or extensions may be exercised only 

when General Service Administration 

(GSA) has advised that it cannot furnish 

the vehicle(s) as prescribed herein.’’ 

2. Section 908.1104(f) is amended by 

removing ‘‘Federal Property 

Management Regulation (FPMR) 41 CFR 

101–38.6.’’ and adding in its place 

‘‘Federal Management Regulation (FMR) 

41 Code of Federal Regulation (CFR) 

102–34.160, 102–34.175 and 102–34.80’’ 

to provide the updated citation. 

3. Section 908.7101–2(a) is amended 

by removing ‘‘FPMR 41 CFR 101–25.304, 

101–26.501, and 101–38.13 and DOE– 

PMR 41 CFR 109–25.304, 109–38.13, 

and 109–38.51’’ and adding in its place 

‘‘Federal Property Management 

Regulations (FPMR) 41 CFR 101–26.501, 

and FMR 41 CFR 102–34, and 

Department of Energy-Property 

Management Regulations (DOE–PMR) 

41 CFR 109–26.501’’ to provide the 

updated citation. 

4. Section 908.7101–2 paragraph (b) is 

amended by removing ‘‘on GSA Form 

1781, Motor Vehicle Requisition— 

Delivery Order—Invoice,’’ and adding in 

its place ‘‘utilizing GSA’s on-line system 

(Auto Choice)’’ to update the 

procedures. 

5. Section 908.7101–3 is amended by 

removing ‘‘those’’ in the third sentence 

and removing in the last sentence, ‘‘(See 

DOE–PMR 41 CFR 109–38.5102–4)’’ to 

correct grammar and to remove an outof-date citation. 

6. Section 908.7101–4 is amended in 

paragraph (a) by removing ‘‘FMPR 101– 

38.9 and DOE–PMR 41 CFR 109–38.9’’ 

and adding in its place ‘‘FMR 102– 

34.270’’ to update the citation. 

7. Section 908.7101–5 is amended in 

the third sentence by removing 

‘‘38.5102’’ and adding in its place 

‘‘26.501–50 and 109–26.501–51,’’ to 

update the citation. 

8. Section 908.7101–6 is amended in 

paragraph (a) by removing the last three 

sentences and adding in their place 

‘‘Such forecast shall be submitted to the 

Property Executive, or designee, when 

requested. 

9. Section 908.7101–6 is amended in 

paragraph (b) by removing ‘‘Sedans, 

station wagons, and light trucks 

requisitioned according to an approved 

forecast, but not contracted for by GSA 

until the subsequent fiscal year, will’’ 

and adding in its place ‘‘Approved 

sedans, station wagons, and light trucks 

requisitioned, but not contracted for by 

GSA until the subsequent fiscal year, 

shall’’ to update the procedures. 

10. Section 908.7101–7 is amended in 

paragraph (a) by removing ‘‘101–38.303’’ 

and adding in its place ‘‘102–34.140’’ to 

update the citation. 

11. Section 908.7101–7 is amended in 

paragraph (b) by removing in the second 

sentence the ‘‘,’’ after records; removing 

in the second sentence the ‘‘Director, 

Office of Property Management,’’ and 

adding in its place ‘‘Director, Personal 

Property Management Division,’’ to 

correct grammar and update office 

names. 

12. Section 908.7101–7 is amended in 

paragraph (e) by removing the sentence 

and adding in its place ‘‘See DOE–PMR 

41 CFR 109–38.202–2 and 109–38.202– 

3 for additional guidance.’’ to update the 

citation. 

13. Section 908.7102 is amended by 

removing the sentence and adding in its 

place ‘‘Acquisition of aircraft shall be in 

accordance with FMR 41 CFR 102–33, 

subpart B and DOE Order 440.2B latest 

revision.’’ to update the citation. 

14. Section 908.7103 is amended by 

removing ‘‘FPMR 41 CFR 101–25.104, 

101–25.302, 101–25.302–3, 101–25.302– 

4, and 101–25.302–6, and 101–25.403, 

and DOE–PMR 41 CFR 109–25.302, 

109–25.302–3, and 109–25.4’’ and by 

adding in its place ‘‘FPMR 41 CFR 101– 

25.104, 101–25.302, and DOE–PMR 41 

CFR 109–25.302, and 109–25.4’’ to 

update the citations. 

15. Section 908.7104 is amended by 

removing ‘‘FPMR 41 CFR 101–25.104, 

101–25.302, 101–25.302–1, 101–25.302– 

5, 101–25.302–7, and 101–25.302–8, 

101–25.404 and 101–26.505, and DOE– 

PMR 41 CFR 109–25.302, 109–25.302–1, 

and 109–25.350’’ and adding in its place 

‘‘FPMR 41 CFR 101–25.104, 101–25.302, 

101–25.302–5, 101–25.302–7, 101– 

25.404 and 101–26.505, and DOE–PMR 

41 CFR 109–25.302, and 109–25.350’’ to 

update the citations. 

16. Section 908.7121 is revised to 

update the first paragraph to clarify that 

the contracting officers shall require 

authorized contractors to follow 

procedures set forth in paragraphs (a) 

through (c). 

17. Section 908.7121(b) Precious 

metals is revised to update the 

responsible office in subparagraph (1) 

and add subparagraph (2) to reference 

945.604–1 for contractor identification 

and reporting for contractor inventory 

containing precious metals or 

possessing precious metals excess. 

18. Section 908.7121(c) is amended to 

state that lithium is available from The 

National Nuclear Security 

Administration (NNSA), Y–12 National 

Security Complex in Oak Ridge, TN (Y– 

12) and that the excess quantities at Y– 

12 are to be the first source of supply. 

19. Part 945 is amended to simplify 

procedures, clarify language, and 

eliminate obsolete requirements related 

to the management and disposition of 

Government property in the possession 

of contractors to conform to FAR Part 45 

Government Property regulation. 

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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules 11987 

20. Section 945.000 is amended by 

lower casing the first letter of the word 

‘‘part’’; by reversing ‘‘operating and 

management’’ to read ‘‘management and 

operating’’; and by removing the second 

sentence in its entirety. 

21. Section 945.101 is amended by 

removing the definition of capital 

equipment; and adding a definition of 

sensitive property. For clarity, since the 

FAR definition of sensitive property was 

changed under FAC 2005–17 and for 

further emphasis by DOE, the FAR 

definition is incorporated by reference. 

22. Section 945.102–70 is revised in 

the first paragraph, first sentence, by 

removing ‘‘Within 30 days after the end 

of each fiscal year,’’ and adding in its 

place ‘‘The below listed information 

may be required to be reported from 

time to time to’’; and by removing 

‘‘Director, Office of Property 

Management,’’ and adding in its place 

‘‘Personal Property Management 

Division’’; in paragraph (e), by removing 

‘‘dollar’’ and adding in its place 

‘‘acquisition’’; and in paragraph (e), by 

removing ‘‘as reported on last 

semiannual asset report (including date 

of report),’’. These changes correct the 

reporting process and provide the 

correct title of the receiving activity. 

Changes pertain to the Property 

Information Database System (PIDS) 

which was created by the Idaho 

National Lab and has been in use since 

the late 1990s. The PIDS system is used 

by both DOE and Contractors alike. 

23. Subpart 945.1 is revised to add the 

new section ‘‘945.102–72 Reporting of 

contractor sensitive property inventory’’ 

to reflect the current sensitive property 

policy. 

24. Section 945.3 is amended by 

redesignating subpart 945.3 and section 

945.303–1 as section 945.170 and 

section 945.170–1, respectively, and by 

reserving section 945.3 and by using 

lower case letters for ‘‘property’’ and 

‘‘contractors’’ in the section 945.170 

title, and by adding a period at the end 

of ‘‘contractors’’. These changes are 

made to conform to the FAR. 

25. Subpart 945.4 is amended by 

removing and reserving this subpart in 

its entirety to conform to the FAR. 

26. Section 945.5 title is amended by 

removing ‘‘Management of Government 

Property in the Possession of 

Contractors’’ and adding in its place 

‘‘Support Government Property 

Administration’’ to conform to the FAR. 

27. Section 945.505–11 is removed in 

its entirety to conform to the FAR. 

28. Subpart 945.5 is revised by 

changing its title to ‘‘945.570 

Management of Government property in 

the possession of contractors’’ to 

conform to the FAR. 

29. Section 945.506 is removed in its 

entirety. 

30. Section 945.570–2 is redesignated 

as 945.570–1 and is amended at 

paragraph (c) the second sentence by 

removing ‘‘(GSA Form 1781)’’, and 

adding ‘‘via GSA Autochoice’’ after 

‘‘should be processed’’. The replaced 

information updates the DEAR to 

conform to GSA’s current procedures. 

31. Redesignated 945.570–1(f) is 

amended by removing ‘‘Motor Vehicle 

Rental’’ and adding in its place ‘‘Leasing 

of Automobiles and Light Trucks’’. 

32. Section 945.570–7 is redesignated 

as 945.570–2. 

33. Section 945.570–8 is redesignated 

as 945.570–3 and is revised in section 

(a) in the first sentence, by removing 

‘‘(on or before December 1)’’. 

34. Redesignated 945.570–3(b) is 

amended after ‘‘DOE-owned’’ by adding 

‘‘, GSA leased’’; before ‘‘and/or’’ and by 

adding ‘‘electronically’’ before ‘‘submit’’. 

35. Redesignated 945.570–3(b)(1) is 

amended by removing ‘‘DOE Report of 

Motor Vehicle Data (passenger 

vehicles)’’ and adding in its place 

‘‘Annual Motor Vehicle Fleet Report’’. 

36. Redesignated section 945.570– 

3(b)(2) is amended by removing ‘‘DOE 

Report of Truck Data’’ and adding in its 

place ‘‘Federal Fleet Report (41 CFR 

102–34.335)’’. 

37. Subpart 945.6 is amended by 

removing the subpart title ‘‘Reporting, 

Redistribution, and Disposal of 

Contractor Inventory’’ and adding in its 

place ‘‘Reporting, Reutilization, and 

Disposal’’. 

38. Subpart 945.6 is amended by 

adding a new section ‘‘945.602 

Reutilization of Government property.’’ 

39. Subpart 945.6 is amended by 

adding a new section ‘‘945.602–70 Local 

screening’’. 

40. Section 945.603 is redesignated as 

945.670, DOE disposal methods. 

41. Section 945.603–70 is amended by 

redesignating this section as ‘‘945.670– 

1’’; and removing ‘‘FAR Subpart 45.6’’ 

and adding in its place ‘‘48 CFR 45.606– 

3’’. This amendment is to conform the 

DEAR to the FAR. 

42. Section 945.603–71 is 

redesignated as ‘‘945.670–2’’.’’ 

43. Subpart 945.6 is amended by 

adding a new section 945.603 

Abandonment, destruction or donation 

of excess personal property which refers 

to 945.670 for disposal methods. These 

changes are made to conform to the FAR 

and move current DEAR information to 

a new section. 

44. Subpart 945.6 is revised by adding 

a new section 945.604 Disposal of 

surplus property to conform to the FAR. 

45. Section 945.607–2(b) is 

redesignated as 945.604–1 Recovering 

precious metals. The office name and 

address are updated. Paragraph (d) 

references 945.670 for DOE disposal 

methods. By adding the other precious 

metals, we are aligning the DEAR to 

FAR 46.101. 

47. Section 945.608–2 is redesignated 

as ‘‘945.602–3(a)’’ and is amended by 

removing subparagraph (b)(1) in its 

entirety and adding in its place ‘‘(a) 

Standard screening. (1) Prior to 

reporting excess property to GSA, all 

reportable property, as identified in 

Federal Management Regulation 41 CFR 

102–36.220, shall be reported for 

centralized screening in the DOE Energy 

Asset Disposal System (EADS). 

Reportable excess personal property 

will be screened internally via the EADS 

system for a period of 15 days.’’ These 

changes are made to update the DEAR 

to the current on-line reporting. 

50. Redesignated section 945.602– 

3(a)(1)(i) [previously 945.608–2(b)(1)] is 

amended by in the first sentence, by 

removing ‘‘REAPS’’ and adding in its 

place ‘‘EADS’’; in the first sentence, by 

removing ‘‘address code’’ and adding in 

its place ‘‘Activity Address Code 

(AAC)’’; by removing the second 

sentence in its entirety and adding in its 

place ‘‘The AAC will be assigned by 

DOE Headquarters upon receipt of a 

formal letter of authorization signed by 

the DOE contracting officer,’’, and by 

removing the third sentence in its 

entirety. These changes are made to 

update the current procedure. 

51. Redesignated section 945.602– 

3(a)(1)(ii) is amended by removing the 

sentence in its entirety and adding a 

new sentence to indicate that any 

changes to an Activity Address code 

shall be submitted to the Office of 

Procurement and Assistance 

Management, Personal Property 

Management Division, within the 

Headquarters procurement organization. 

52. The section designated as 

945.608–3 is removed. Section 945.602– 

70 Local screening provides the correct 

process and title for property screening 

and disposal. 

53. The section designated as 

945.608–4 is removed. 

54. Section 945.608–5 is redesignated 

as 945.602–3(b)(2) and is amended in 

the first paragraph, by adding ‘‘(b) 

Special screening requirements. (2) 

Special test equipment with commercial 

components—’’ prior to the redesignated 

text. 

55. Section 945.608–5(c) is 

redesignated as 945.602–3(b)(3). 

56. Section 945.608–6 is redesignated 

as 945.670–3; and is amended in 

paragraph (a) after requirements, by 

removing ‘‘in accordance with the 

provisions of FAR 45.608–6.’’; in both 

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11988 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules 

paragraphs, by removing ‘‘Office of 

Property Management Division’’ and 

adding in its place ‘‘Personal Property 

Management Division’’; and in 

paragraph (b) by removing ‘‘HCA’’ and 

adding in its place ‘‘Procurement 

Directors’’. 

57. Section 945.610–4 is redesignated 

as 945.671. 

58. Section 970.5244–1(k) is amended 

by removing the paragraph in its 

entirety and adding in its place 

‘‘Government Property’’. The Contractor 

shall establish and maintain a property 

management system that complies with 

criteria in 48 CFR 970.5245–1, Property, 

and 48 CFR 52.245–1, Government 

Property.’’ 

59. Section 970.5244–1(q)(13) is 

added to correct an error in the DEAR 

Final Rule [74 FR 36376–36378, dated 

July 22, 2009] which omitted ‘‘Products 

made in Federal and penal and 

correctional institutions—41 CFR 101– 

26.702.’’ 

60. Section 970.5245–1 is amended by 

removing and reserving paragraph 

(i)(1)(ii)(B). This amendment clarifies 

the contract conditions for property 

management systems approval. 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

This 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. 

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 proposed 

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. This 

proposed rule does not alter any 

substantive rights or obligations and 

consequently, this proposed 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 proposed 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 proposed 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 proposed 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 proposed rule is 

categorically excluded from NEPA 

review because the amendments to the 

DEAR are strictly procedural 

(categorical exclusion A6). Therefore, 

this proposed rule does not require an 

environmental impact statement or an 

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 the proposed 

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 rulemaking 

proposes changes that do not alter any 

substantive rights or obligations. This 

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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Proposed Rules 11989 

proposed rule does not impose any 

mandates. 

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 rulemaking 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 

(OIRA) 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 proposed 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. 

This proposed 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 the proposed rule under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Approval by the Office of the 

Secretary of Energy 

Issuance of this proposed rule has 

been approved by the Office of the 

Secretary of Energy. 

List of Subjects in 48 CFR Parts 908, 

945, and 970 

Government procurement. 

Issued in Washington, DC, on February 2, 

2011. 

Patrick M. Ferraro, 

Acting Director, Office of Procurement and 

Assistance Management, Department of 

Energy . 

Joseph W. Waddell, 

Director, Office of Acquisition and Supply 

Management, National Nuclear Security 

Administration. 

For the reasons set out in the 

preamble, the Department of Energy 

(DOE) proposes to amend Chapter 9 of 

Title 48 of the Code of Federal 

Regulations as set forth below. 

PART 908—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

1. The authority citation for part 908 

continues to read as follows: 

Authority: 42 U.S.C. 7101, et seq.; 50 

U.S.C. 2401, et seq. 

2. Section 908.1102 is revised to read 

as follows: 

908.1102 Presolicitation requirements. 

2a. Section 908.1102–70 is added to 

read as follows: 

908.1102–70 Vehicle leasing. 

(a)(4) Commercial vehicle lease 

sources may be used only when the 

General Services Administration (GSA) 

has advised that it cannot furnish the 

vehicle(s) through the Interagency 

Motor Pool System and it has been 

determined that the vehicle(s) are not 

available through the GSA Consolidated 

Leasing Program. All subsequent lease 

renewals or extensions may be exercised 

only when GSA has advised that it 

cannot furnish the vehicle(s) as 

prescribed herein. 

908.1104 [Amended] 

3. Section 908.1104 is amended by 

removing ‘‘(FPMR) 41 CFR 101–38.6’’ in 

paragraph (f) and adding in its place 

‘‘Federal Management Regulation (FMR) 

41 CFR 102–34.160, 102–34.175, and 

102–34.180’’. 

4. Section 908.7101–2 is amended by: 

a. Revising paragraph (a); and 

b. Removing ‘‘on GSA Form 1781, 

Motor Vehicle Requisition—Delivery 

Order—Invoice,’’ in paragraph (b), and 

adding in its place ‘‘utilizing GSA’s online system (Auto Choice)’’. 

The revision reads as follows: 

908.7101–2 Consolidated acquisition of 

new vehicles by General Services 

Administration. 

(a) New vehicles shall be procured in 

accordance with Federal Property 

Management Regulations (FPMR) 41 

CFR 101–26.501, and FMR 41 CFR 102– 

1 through 102–220, and Department of 

Energy-Property Management 

Regulations (DOE–PMR) 41 CFR 109– 

26.501. 

Orders for all motor vehicles must be 

placed using GSA’s online vehicle 

purchasing system (AutoChoice). 

* * * * * 

908.7101–3 [Amended] 

5. Section 908.7101–3 is amended by 

removing ‘‘those’’ in the third sentence; 

and ‘‘(See DOE–PMR 41 CFR 109– 

38.5102–4)’’ in the last sentence. 

908.7101–4 [Amended] 

6. Section 908.7101–4 is amended by 

removing ‘‘FPMR 41 CFR 101–38.9 and 

DOE–PMR 41 CFR 109–38.9.’’ in 

paragraph (a), and adding in its place. 

‘‘FMR 41 CFR 102–34.270.’’ 

908.7101–5 [Amended] 

7. Section 908.7101–5 is amended by 

removing ‘‘109–38.5102,’’ in third 

sentence and adding in its place ‘‘109– 

26.501–50 and 109–26.501–51,’’. 

908.7101–6 [Amended] 

8. Section 908.7101–6 is amended by: 

a. Removing the last three sentences 

in paragraph (a), and adding in their 

place ‘‘Such forecast shall be submitted 

to the Property Executive, or designee.’’; 

and 

b. Removing ‘‘Sedans’’ at the 

beginning of the first sentence of 

paragraph (b) and adding ‘‘Approved 

sedans’’ in its place; 

c. Removing in paragraph (b) 

‘‘according to an approved forecast’’ and 

removing ‘‘will’’ and adding in its place 

‘‘shall’’. 

908.7101–7 [Amended] 

9. Section 908.7101–7 is amended by: 

a. Removing ‘‘FPMR 41 CFR 101– 

38.303.’’ in paragraph (a) and adding in 

its place ‘‘FMR 41 CFR 102–34.140.’’; 

b. Removing in paragraph (b) in the 

second sentence, ‘‘records,’’ and adding 

in its place ‘‘records’’; 

c. Removing in paragraph (b) 

‘‘Director, Office of Property 

Management,’’ and adding in its place 

‘‘Director, Office of Personal Property 

Management Division,’’; and 

d. Removing ‘‘109–38.3 and 109–38.6’’ 

in paragraph (e) and adding in its place 

‘‘109–38.202–2 and 109–38.202–3’’. 

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10. Section 908.7102 is revised to read 

as follows: 

908.7102 Aircraft. 

Acquisition of aircraft shall be in 

accordance with FMR 41 CFR part 102– 

33, subpart B and DOE Order 440.2B 

latest revision. 

908.7103 [Amended] 

11. Section 908.7103 is amended by 

removing ‘‘101–25.302–3, 101–25.302–4, 

and 101–25.302–6, and 101–25.403,’’ 

and ‘‘109–25.302–3,’’ and adding in its 

place ‘‘FPMR 41 CFR 101–25.104, 101– 

25.302, and DOE–PMR 41 CFR 109– 

25.302, and 109–25.4.’’ 

908.7104 [Amended] 

12. Section 908.7104 is amended by 

removing ‘‘FMPR 41 CFR 101–25.104, 

101–25.302, 101–25.302–1, 101–25.302– 

5, 101–25.302–7 and 101–25.302–8, 

101–25.404 and 101–26.505 and DOE 

PMR 41 CFR 109–25.302, 109–25.302–1 

and 109–25.350’’ and adding in its place 

‘‘FPMR 41 CFR 101–25.104, 101–25.302, 

101–25.302–5, 101–25.302–7, 101– 

25.404 and 101–26.505 and DOE–PMR 

41 CFR 109–25.302 and 109–25.350.’’ 

13. Section 908.7121 is revised to read 

as follows: 

908.7121 Special materials. 

This section covers the purchase of 

materials peculiar to the DOE program. 

While purchases of these materials may 

be unclassified, the specific quantities, 

destination or use may be classified (see 

appropriate sections of the 

Classification Guide). Contracting 

officers shall require authorized 

contractors to obtain the special 

materials identified in the following 

subsections in accordance with the 

following procedures: 

(a) Heavy water. The Senior Program 

Official or designee controls the 

acquisition and production of heavy 

water for a given program. Request for 

orders shall be placed directly with the 

cognizant Senior Program Official or 

designee. 

(b) Precious metals. (1) NNSA, Y–12 

National Security Complex in Oak 

Ridge, TN is responsible for maintaining 

the DOE supply of precious metals. 

These metals are platinum, palladium, 

iridium, osmium, rhodium, ruthenium, 

gold and silver. The NNSA Y–12 

National Security Complex has assigned 

management of these precious metals to 

its Management and Operating (M&O) 

contractor. DOE and NNSA offices and 

authorized contractors shall coordinate 

with the Y–12 M&O contractor 

regarding the availability of these metals 

prior to purchasing in the open market. 

(2) For contractor inventory 

containing precious metals or 

possessing precious metals excess, see 

945.604–1 for contractor identification 

and reporting. 

(c) Lithium. Lithium is available from 

Y–12 at no cost other than normal 

packing, handling, and shipping charges 

from Oak Ridge. The excess quantities at 

Y–12 are the first source of supply prior 

to procurement of lithium compounds 

from any other source. 

14. Part 945 is revised to read as 

follows: 

PART 945—GOVERNMENT PROPERTY 

Sec. 

945.000 Scope of part. 

Subpart 945.1—General 

945.101 Definitions. 

945.102–70 Reporting of contractor-held 

property. 

945.102–71 Maintenance of records. 

945.102–72 Reporting of contractor 

sensitive property inventory. 

945.170 Providing Government property to 

contractors. 

945.170–1 Policy. 

Subpart 945.3 [Reserved] 

Subpart 945.4 Reserved] 

Subpart 945.5—Support Government 

Property Administration 

945.570 Management of Government 

property in the possession of contractors. 

945.570–1 Acquisition of motor vehicles. 

945.570–2 Disposition of motor vehicles. 

945.570–3 Reporting motor vehicle data. 

Subpart 945.6—Reporting, Reutilization, 

and Disposal 

945.602 Reutilization of Government 

property. 

945.602–3 Screening. 

945.602–70 Local screening. 

945.603 Abandonment, destruction or 

donation of excess personal property. 

945.604 Disposal of surplus property. 

945.604–1 Disposal methods. 

945.670 DOE disposal methods. 

945.670–1 Plant clearance function. 

945.670–2 Disposal of radioactively 

contaminated personal property. 

945.670 Waiver of screening requirements. 

945.671 Contractor inventory in foreign 

countries. 

Authority: 42 U.S.C. 7101, et seq.; 50 

U.S.C. 2401, et seq. 

945.000 Scope of part. 

This part and 48 CFR part 45 are not 

applicable to the management of 

property by management and operating 

contractors, unless otherwise stated. 

Subpart 945.1—General 

945.101 Definitions. 

Personal property, as used in this 

part, means property of any kind or 

interest therein, except real property; 

records of the Federal Government; and 

nuclear and special source materials, 

atomic weapons, and by-product 

materials. 

Sensitive property, as used in this 

part, has the meaning contained in 48 

CFR 45.101. 

945.102–70 Reporting of contractor-held 

property. 

The information listed in this section 

may be required to be reported from 

time to time to the Head of the 

Contracting Activity shall report the 

following information to the Personal 

Property Management Division, within 

the Headquarters procurement 

organization: 

(a) Name and address of each 

contractor with DOE property in their 

possession, or in the possession of their 

subcontractors (do not include grantees, 

cooperative agreements, interagency 

agreements, or agreements with state or 

local governments). 

(b) Contract number of each DOE 

contract with Government property. 

(c) Date contractor’s property 

management system was approved and 

by whom (DOE office, Defense Contract 

Management Command, or the Office of 

Naval Research). 

(d) Date of most current appraisal of 

contractor’s property management 

system, who conducted the appraisal, 

and status of the system (satisfactory or 

unsatisfactory). 

(e) Total acquisition value of DOE 

property for each DOE contract 

administered by the contracting activity. 

945.102–71 Maintenance of records. 

The contracting activity shall 

maintain records of approvals and 

reviews of contractors’ property 

management systems, the dollar value of 

DOE property as reported on the most 

recent semiannual financial report, and 

records on property administration 

delegations to other Government 

agencies. 

945.102–72 Reporting of contractor 

sensitive property inventory. 

(a) For Department of Energy (DOE) 

sensitive property, the Organizational 

Property Management Officer (OPMO) 

shall submit a contractor-specific list of 

sensitive property to the DOE Property 

Executive, Office of Resource 

Management, or designee, by October 

31st of each year for review and 

approval. The DOE Property Executive 

or designee will provide the approved 

contractor-specific list to the 

appropriate Contracting Officer and 

OPMO. 

(b) For National Nuclear Security 

Administration (NNSA) sensitive 

property, the OPMO shall submit a 

contractor-specific list of sensitive 

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property to the Director NNSA, Office of 

Acquisition and Supply Management, or 

designee, by October 31st of each year 

for review and approval. The Director, 

NNSA or designee, will provide the 

approved contractor-specific list to the 

appropriate Contracting Officer and 

OPMO. 

945.170 Providing Government property to 

contractors. 

945.170–1 Policy. 

The DOE has established specific 

policies concerning special nuclear 

material requirements needed under 

DOE contracts for fabricating end items 

using special nuclear material, and for 

conversion or scrap recovery of special 

nuclear material. Special nuclear 

material means uranium enriched in the 

isotopes U233 or U235, and/or 

plutonium, other than PU238. The 

policies to be followed are: 

(a) Special nuclear material will be 

furnished by the DOE for fixed-price 

contracts and subcontracts, at any tier, 

which call for the production of special 

nuclear products, including fabrication 

and conversion, for Government use. 

(The contractor or subcontractor must 

have the appropriate license or licenses 

to receive the special nuclear material. 

The Nuclear Regulatory Commission is 

the licensing agency.) 

(b) Contracts and subcontracts for 

fabrication of end items using special 

nuclear material generally shall be of 

the fixed-price type. Cost-type contracts 

or subcontracts for fabrication shall be 

used only with the approval of the Head 

of the Contracting Activity. This 

approval authority shall not be further 

delegated. 

(c) Contracts and subcontracts for 

conversion or scrap recovery of special 

nuclear material shall be of a fixed-price 

type, except as otherwise approved by 

the Head of the Contracting Activity. 

Subpart 945.3 [Reserved] 

Subpart 945.4 [Reserved] 

Subpart 945.5—Support Government 

Property Administration 

945.570 Management of Government 

property in the possession of contractors. 

945.570–1 Acquisition of motor vehicles. 

(a) GSA Interagency Fleet 

Management System (GSA–IFMS) is the 

first source of supply for providing 

motor vehicles to contractors; however, 

contracting officer approval is required 

for contractors to utilize this service. 

(b) Prior approval of GSA must be 

obtained before— 

(1) Fixed-price contractors can use the 

GSA–IFMS; 

(2) DOE-owned motor vehicles can be 

furnished to any contractor in an area 

served by GSA–IFMS; and 

(3) A contractor can commercially 

lease a motor vehicle for more than 60 

days after GSA has determined that it 

can provide the required vehicle. 

(c) GSA has the responsibility for 

acquisition of motor vehicles for 

Government agencies. All requisitions 

shall be processed via GSA Autochoice 

in accordance with 41 CFR 101–26.501. 

(d) Contractors shall submit all motor 

vehicle requirements to the contracting 

officer for approval. 

(e) The acquisition of sedans and 

station wagons is limited to small, 

subcompact, and compact vehicles 

which meet Government fuel economy 

standards. The acquisition of light 

trucks is limited to those vehicles which 

meet the current fuel economy 

standards set by Executive Orders 12003 

and 12375. 

(f) Cost reimbursement contractors 

may be authorized by the contracting 

officer to utilize GSA Federal Supply 

Schedule 751, Leasing of Automobiles 

and Light Trucks, for short term rentals 

not to exceed 60 days, and are required 

to utilize available GSA consolidated 

leasing programs for long term (60 

continuous days or longer) commercial 

leasing of passenger vehicles and light 

trucks. 

(g) The Personal Property 

Management Division, within the 

Headquarters procurement organization 

shall certify all requisitions prior to 

submittal to GSA for the following: 

(1) The acquisition of sedans and 

station wagons. 

(2) The lease (60 continuous days or 

longer) of any passenger automobile. 

(3) The acquisition or lease (60 

continuous days or longer) of light 

trucks less than 8,500 GVWR. 

(h) Purchase requisitions for other 

motor vehicles may be submitted 

directly to GSA when approved by the 

contracting officer. 

(i) Contractors shall thoroughly 

examine motor vehicles acquired under 

a GSA contract for defects. Any defect 

shall be reported promptly to GSA, and 

repairs shall be made under terms of the 

warranty. 

945.570–2 Disposition of motor vehicles. 

(a) The contractor shall dispose of 

DOE-owned motor vehicles as directed 

by the contracting officer. 

(b) DOE-owned motor vehicles may be 

disposed of as exchange/sale items 

when directed by the contracting officer; 

however, a designated DOE official must 

execute the Title Transfer forms (SF– 

97). 

945.570–3 Reporting motor vehicle data. 

(a) Contractors conducting motor 

vehicle operations shall forward 

annually to the contracting officer their 

plan for acquisition of motor vehicles 

for the next fiscal year for review, 

approval and submittal to DOE 

Headquarters. This plan shall conform 

to the fuel efficiency standards for 

motor vehicles for the applicable fiscal 

year, as established by Executive Orders 

12003 and 12375 and as implemented 

by GSA and current DOE directives. 

Additional guidance for the preparation 

of the plan will be issued by the 

contracting officer, as required. 

(b) Contractors operating DOE-owned, 

GSA leased and/or commercially leased 

(for 60 continuous days or longer) motor 

vehicles shall prepare and electronically 

submit the following annual year-end 

reports to the contracting officer: 

(1) Annual Motor Vehicle Fleet 

Report. 

(2) Federal Fleet Report (41 CFR 102– 

34.335). 

Subpart 945.6—Reporting, 

Reutilization, and Disposal 

945.602 Reutilization of Government 

property. 

945.602–3 Screening. 

(a) Standard screening. (1) Prior to 

reporting excess property to GSA, all 

reportable property, as identified in 

Federal Management Regulations 41 

CFR 102–36.220, shall be reported for 

centralized screening in the DOE Energy 

Asset Disposal System (EADS). 

Reportable excess personal property 

will be screened internally via the EADS 

system for a period of 15 days. 

(i) EADS requires the inclusion of a 

six character Activity Address Code 

(AAC) which identifies the reporting 

contractor. The AAC will be assigned by 

DOE Headquarters upon receipt of a 

formal letter of authorization signed by 

the DOE contracting officer. 

(ii) Requests to establish, extend or 

delete an Activity Address Code shall be 

submitted by the contracting officer to 

the Office of Procurement and 

Assistance Management, Personal 

Property Management Division, within 

the Headquarters procurement 

organization. 

(b) Special screening requirements. (2) 

Special test equipment with commercial 

components.—Prior to reporting the 

property to GSA in accordance with 48 

CFR 45.604–1(a), (b) and (c), the 

property shall be reported and screened 

within DOE in accordance with 

945.602–3(a) and 945.602–70. 

(3) Printing equipment. All printing 

equipment excess to requirements shall 

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be reported to the Office of 

Administration at Headquarters. 

945.602–70 Local screening. 

Local screening shall be done using 

EADS. 

945.603 Abandonment, destruction or 

donation of excess personal property. 

See 945.670 for DOE disposal 

methods. 

945.604 Disposal of surplus property. 

945.604–1 Disposal methods. 

(b)(3) Recovering precious metals. 

Contractors generating contractor 

inventory containing precious metals or 

possessing precious metals excess to 

their programmatic requirements, shall 

identify and promptly report such items 

to the contracting officer for review, 

approval and reporting to the DOE 

Business Center for Precious Metals 

Sales & Recovery (Business Center). 

This includes Gold, Silver, Platinum, 

Rhodium, Palladium, Iridium, Osmium, 

and Ruthenium in any form, shape, 

concentration, or purity. Report all 

RCRA contaminated precious metals, 

but not radiological contaminated. The 

Y–12 NNSA Site Office is responsible 

for maintaining the DOE Business 

Center. Precious metals scrap will be 

reported to the DOE Business Center. 

(d) See 945.670 for DOE disposal 

methods. 

945.670 DOE disposal methods. 

945.670–1 Plant clearance function. 

If the plant clearance function has not 

been formally delegated to another 

Federal agency, the contracting officer 

shall assume all responsibilities of the 

plant clearance officer identified in 48 

CFR 45.606–3. 

945.670–2 Disposal of radioactively 

contaminated personal property. 

Special procedures regarding the 

disposal of radioactively contaminated 

property may be found at 41 CFR 109– 

45.50. 

945.670–3 Waiver of screening 

requirements. 

(a) The Director of the Personal 

Property Management Division, within 

the Headquarters procurement 

organization may authorize exceptions 

from screening requirements. 

(b) A request to the Director of the 

Personal Property Management 

Division, within the Headquarters 

procurement organization for the waiver 

of screening requirements must be 

submitted by the Procurement Directors 

with a justification setting forth the 

compelling circumstances warranting 

the exception. 

945.671 Contractor inventory in foreign 

countries. 

Contractor inventory located in 

foreign countries will be utilized and 

disposed of in accordance with DOE– 

PMR 41 CFR part 109–43, subpart 109– 

43.5, and part 109–45, subpart 45.51. 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

15. The authority citation for part 970 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 

et seq. 

970.5244–1 [Amended] 

16. Section 970.5244–1 is amended 

by: 

a. Revising the clause date to read as 

set forth below; and 

b. Revising clause paragraph (k) and 

adding a paragraph (q)(13). 

The revisions and additions read as 

follows: 

970.5244–1 Contractor purchasing 

system. 

* * * * * 

CONTRACTOR PURCHASING 

SYSTEM (XXX 20XX) [abbreviated 

month and year of the date of 

publication of the final rule] 

* * * * * 

(k) Government Property. The Contractor 

shall establish and maintain a property 

management system that complies with 

criteria in 48 CFR 970.5245–1, Property, and 

48 CFR 52.245–1, Government Property. 

* * * * * 

(q) * * * 

(13) Products made in Federal penal and 

correctional institutions—41 CFR 101–26.702 

* * * * * 

17. Section 970.5245–1 is amended 

by: 

a. Revising the date of the clause to 

read as set forth below; 

b. Removing and reserving paragraph 

(i)(1)(ii)(B). 

The revisions read as follows: 

970.5245–1 Property. 

* * * * * 

PROPERTY (XXX 20XX) [abbreviated 

month and year 30 DAYS AFTER date 

of publication of the final rule] 

* * * * * 

(i) * * * 

(1) * * * 

(ii) * * * 

(B) [Reserved] 

* * * * * 

[FR Doc. 2011–4350 Filed 3–3–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2009–0041, Notice No. 1] 

49 CFR Part 234 

RIN 2130–AC12 

Systems for Telephonic Notification of 

Unsafe Conditions at Highway-Rail and 

Pathway Grade Crossings 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FRA is proposing 

amendments to its primary regulations 

on grade crossing safety. The major 

amendments proposed would require a 

railroad that dispatches a train through 

a public or private highway-rail or 

pathway grade crossing to establish and 

maintain a system that allows a member 

of the public to call the railroad and 

report an emergency or other unsafe 

condition at the crossing. Upon 

receiving such a report, the railroad 

would be required to warn all trains 

authorized to operate through the 

crossing of the reported unsafe 

condition, inform local law enforcement 

of the reported unsafe condition, and 

either investigate the report itself or 

request that the railroad with 

maintenance responsibility for the 

crossing investigate the report. If the 

report is substantiated, the railroad with 

maintenance responsibility for the 

crossing would be required to take 

certain actions to remedy the condition 

found. 

DATES: Written comments must be 

received by May 3, 2011. Comments 

received after that date will be 

considered to the extent possible 

without incurring additional expenses 

or delays. 

FRA anticipates being able to resolve 

this rulemaking without a public, oral 

hearing. However, if FRA receives a 

specific request for a public, oral 

hearing prior to May 3, 2011, one will 

be scheduled, and FRA will publish a 

supplemental notice in the Federal 

Register to inform interested parties of 

the date, time, and location of any such 

hearing. 

ADDRESSES: Comments: Comments 

related to Docket No. FRA–2009–0041 

may be submitted by any of the 

following methods: 

• Online: Comments should be filed 

at the Federal eRulemaking Portal, 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

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