Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations 39015 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

Modified 

Communities 

affected 

Maps are available for inspection at the Village Hall, 205 North Main Street, North Baltimore, OH 45872. 

Grant County, Wisconsin, and Incorporated Areas 

Docket No.: FEMA–B–1089 

Mississippi River ....................... Approximately 2.4 miles downstream of Lock and Dam 

No. 11.

+ 610 Unincorporated Areas of 

Grant County, Village of 

Potosi. 

Approximately 10.8 miles upstream of Lock and Dam No. 

11.

+ 613 

Approximately 7.4 miles upstream of Lock and Dam No. 

10.

+ 625 Village of Bagley. 

Approximately 8.0 miles upstream of Lock and Dam No. 

10.

+ 625 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Grant County 

Maps are available for inspection at 111 South Jefferson Street, Lancaster, WI 53813. 

Village of Bagley 

Maps are available for inspection at 400 South Jackley Lane, Bagley, WI 53801. 

Village of Potosi 

Maps are available for inspection at 105 North Main Street, Potosi, WI 53820. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: June 23, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–16654 Filed 7–1–11; 8:45 am] 

BILLING CODE 9110–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1509, 1542 and 1552 

[EPA–HQ–OARM–2010–1032; FRL–9428–6] 

Contractor Performance Information 

AGENCY: Environmental Protection 

Agency (EPA), 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency is issuing a final rule to amend 

the Environmental Protection Agency 

Acquisition Regulation (EPAAR) to 

establish new procedures for recording 

and maintaining contractor performance 

information. EPA is issuing a final rule 

because the changes are procedural in 

nature, and we do not anticipate any 

adverse comments. 

DATES: This rule is effective October 3, 

2011 without further action, unless 

adverse comment is received by August 

4, 2011. If adverse comment is received, 

the EPA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2010–1032, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oei@epa.gov. 

• Fax: (202) 566–1753. 

• Mail: EPA–HQ–OARM–2010–1032, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of three (3) copies. 

• Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2010– 

1032. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket, and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment, and with 

any disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 


srobinson on DSK4SPTVN1PROD with RULES
39016 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov, or in hard copy at 

the Government Property-Contract 

Property Administration Docket, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1752. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m. Monday through Friday, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Staci Ramrakha, Policy, Training, and 

Oversight Division, Acquisition Policy 

and Training Service Center (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., Washington 

DC 20460; telephone number: (202) 

564–2017; e-mail address: 

ramrakha.staci@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

1. Submitting Classified Business 

Information (CBI). Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI, and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The EPA recently transitioned from 

the National Institutes of Health’s 

Contractor Performance System (CPS) to 

the Department of Defense’s Contractor 

Performance Assessment Reporting 

System (CPARS). As a result, the 

requirement to use CPS is being 

removed from the EPAAR and 

applicable CPARs instructions are being 

added. In addition, all past performance 

requirements are being moved from 

subpart 1509 to 1542 in order to align 

with past performance information in 

the FAR. 

III. Final Rule 

This final rule makes the following 

changes: (1) Remove EPAAR 1509–170, 

Contractor Performance Evaluations; (2) 

Remove EPAAR clause 1552.209–76, 

Contractor Performance Evaluations; (3) 

Add EPAAR 1542.15, Contractor 

Performance Information; (4) Add 

EPAAR 1552.242–71, Contractor 

Performance Evaluations. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute, unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impact 

of today’s proposed rule on small 

entities, ‘‘small entity’’ is defined as: (1) 

A small business that meets the 

definition of a small business found in 

the Small Business Act and codified at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit enterprise which is independently 

owned and operated, and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, because the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the 

proposed rule on small entities’’ 5 

U.S.C. 603 and 604. Thus, an agency 

may certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, or 

otherwise has a positive economic effect 

on all of the small entities subject to the 

rule. Since documenting past 

performance is applicable to large and 

small entities, this rule will not have a 

significant economic impact on small 

entities. We continue to be interested in 

the potential impacts of the proposed 

rule on small entities and welcome 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations 39017 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

Any private sector costs for this action 

relate to paperwork requirements and 

associated expenditures that are far 

below the level established for UMRA 

applicability. Thus, this rule is not 

subject to the requirements of sections 

202 or 205 of UMRA. This rule is also 

not subject to the requirements of 

section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects 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, as specified in 

Executive Order 13132. Thus, Executive 

Order 13132 does not apply to this 

action. In the spirit of Executive Order 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically solicits comment on 

this proposed action from State and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Thus, Executive Order 13175 

does not apply to this action. In the 

spirit of Executive Order 13175, and 

consistent with EPA policy to promote 

communication between EPA and Tribal 

governments, EPA specifically solicits 

additional comment on this proposed 

rule from Tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. 

K. Congressional Review 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 48 CFR Parts 1509, 

1542 and 1552 

Environmental protection, Contractor 

performance information, Describing 

agency needs. 

Dated: June 27, 2011. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

amended as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 1509, 1542 and 1552 continues to 

read as follows: 

5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c); and 41 U.S.C. 

418b 

PART 1509—CONTRACTOR 

QUALIFICATIONS 

Subpart 1509.170 [Removed] 

■ 2. Remove subpart 1509.170, 

consisting of 1509.170–1 through 

1509.170–8. 

PART 1542—CONTRACT 

ADMINISTRATION 

■ 3. Add subpart 1542.15, consisting of 

1542.1500 and 1542.1502 through 

1542.1504, to read as follows: 

Subpart 1542.15—Contractor Performance 

Information 

Sec. 

1542.1500 Scope of subpart. 

1542.1502 Policy. 

1542.1503 Procedures. 

1542.1504 Clauses. 

Subpart 1542.15—Contractor 

Performance Information 

§ 1542.1500 Scope of subpart. 

This subpart provides EPA policies 

and establishes responsibilities for 

recording and maintaining contractor 

performance information. 


srobinson on DSK4SPTVN1PROD with RULES
39018 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations 

§ 1542.1502 Policy. 

EPA contracting officers shall prepare 

an evaluation of contractor performance 

for all applicable contracts and orders 

with a total estimated value greater than 

the simplified acquisition threshold in 

accordance with FAR 42.1502. For 

acquisitions involving options, the total 

estimated value of the acquisition shall 

include the estimated base amount plus 

the option(s) amount(s). Evaluations 

shall be completed no later than 120 

days after the end of the evaluation 

period. 

§ 1542.1503 Procedures. 

(a) Past Performance Database. EPA 

contracting officers shall use the 

Contractor Performance Assessment 

Reporting System (CPARS) which has 

connectivity with the Past Performance 

Information Retrieval System (PPIRS). 

(b) Frequency and Types of Report. 

CPARS includes four types of reports: 

Initial, Intermediate, Final and Out-ofCycle. 

(1) An initial report is required for 

new contracts/orders meeting the 

thresholds in FAR 42.15 with a period 

of performance greater than 365 days. 

The initial CPAR must reflect evaluation 

of at least the first 180 days of 

performance and may include up to the 

first 365 days of performance. 

(2) Intermediate reports are due every 

12 months throughout the entire period 

of the contract after the initial report 

and up to the final report. While formal 

reports are only required every 12 

months, contracting officers should 

discuss past performance with 

contractors on an ongoing basis. 

(3) A final report shall be prepared 

upon contract completion. Contracts/ 

orders with less than 365 days 

performance only require a final report. 

For contracts longer than 365 days, the 

final report is not cumulative and covers 

only the period of performance 

following the last intermediate report. 

Final past performance reports must be 

completed prior to contract closeout. 

(4) An out-of-cycle report may be 

prepared when there is a significant 

change of performance that alters the 

assessment in one or more evaluation 

areas. The contractor may request an 

Out-of-cycle report be prepared; 

however, the decision of whether or not 

to do so is at the discretion of the 

contracting officer. An out-of-cycle 

report does not alter the annual 

intermediate reporting requirement. 

(c) Preparing the Evaluation. The 

contracting officer’s representative shall 

initiate all reviews and forward to the 

contracting officer for approval. The 

content of the evaluations shall be based 

on objective data supportable by 

program and contract management 

records. Remarks should be tailored to 

the contract type, size, content, and 

complexity. Contracting officers should 

provide their own input on the 

evaluation as applicable and obtain 

input from the program office, 

administrative contracting office, end 

users of the product or service, and any 

other technical or business advisor, as 

appropriate. 

(d) Small Business Subcontracting 

Plan. Evaluations shall include an 

assessment of contractor performance 

against and efforts to achieve the goals 

identified in the small business 

subcontracting plan when the contract 

includes the clause at FAR 52.219–9, 

Small Business Subcontracting Plan. 

(e) Novation Agreements/Name 

Changes. In cases of novations involving 

successors-in-interest, a final evaluation 

of the predecessor contractor’s 

performance must be accomplished. The 

predecessor contractor’s final past 

performance report shall cover the last 

12 months (or less) of contract or order 

performance. In cases of change-of-name 

agreements, the system shall be changed 

to reflect the new contractor’s name. 

(f) File Documentation. Copies of the 

evaluation, contractor response, and 

review comments (if any) shall be 

retained as part of the evaluation, and 

hard copies shall be contained in 

contract files. 

§ 1542.1504 Clauses. 

EPA contracting officers shall insert 

the contract clause at 1552.242–71 in all 

solicitations, contracts, and orders 

requiring past performance reports in 

accordance with FAR Subpart 42.1502. 

For acquisitions involving options, the 

total estimated value of the acquisition 

shall include the estimated base amount 

plus the option(s) amount(s). 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

§ 1552.209–76 [Removed] 

■ 4. Remove 1552.209–76. 

■ 5. Add 1552.242–71 to read as 

follows: 

§ 1552.242–71 Contractor performance 

evaluations. 

As prescribed in section 1542.1504, 

insert the following clause in all 

applicable solicitations and contracts. 

Contractor Performance Evaluations 

In accordance with Federal Acquisition 

Regulation (FAR) Subpart 42.15 and EPAAR 

1542.15, the EPA will prepare and submit 

past performance evaluations to the Past 

Performance Information Retrieval System 

(PPIRS). Evaluation reports will be 

documented not later than 120 days after the 

end of an evaluation period by using the 

Contractor Performance Assessment 

Reporting System (CPARS) which has 

connectivity with PPIRS. Contractors must 

register in CPARS in order to view/comment 

on their past performance reports. 

[FR Doc. 2011–16632 Filed 7–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383 and 384 

[Docket No. FMCSA–2007–27659] 

RIN 2126–AB02 

Commercial Driver’s License Testing 

and Commercial Learner’s Permit 

Standards; Corrections 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: FMCSA published a final rule 

in the Federal Register on Monday, May 

9, 2011, that will be effective on July 8, 

2011. This final rule amends the 

commercial driver’s license (CDL) 

knowledge and skills testing standards 

and establishes new minimum Federal 

standards for States to issue the 

commercial learner’s permit (CLP). 

Since the final rule was published, 

FMCSA identified minor discrepancies 

regarding section references in the 

regulatory text of the final rule. This 

document corrects those section 

references. 

DATES: Effective July 8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Robert Redmond, Office of Safety 

Programs, Commercial Driver’s License 

Division, telephone (202) 366–5014 or email robert.redmond@dot.gov. Office 

hours are from 8 a.m. to 4:30 p.m. 

SUPPLEMENTARY INFORMATION: 

Corrections 

In the final rule published on May 9, 

2011 (FR Doc. 2011–10510, 76 FR 

26854), the following corrections are 

made: 

■ a. On page 26893, in the third column, 

redesignate paragraphs (f) and (g) of 

§ 383.153 as paragraphs (g) and (h); and 

■ b. On page 26896, in the third column, 

correct amendatory instruction number 

52 and its regulatory text to read: 

■ 52. Amend § 384.301 by adding a new 

paragraph (f) to read as follows: 


srobinson on DSK4SPTVN1PROD with RULES