70660 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations 

nonattainment area has attaining data 

for the 1997 8-hour ozone NAAQS. This 

determination, in accordance with 40 

CFR 51.918, suspends the requirements 

for this area to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

related to attainment of the standards 

for as long as this area continues to meet 

the 1997 8-hour ozone NAAQS. 

(b) [Reserved] 

Subpart PP—South Carolina 

■ 3. Section 52.2125 is added to read as 

follows: 

§ 52.2125 Control strategy: Ozone. 

(a) Determination of attaining data. 

EPA has determined, as of November 

15, 2011, the bi-state Charlotte-GastoniaRockhill, North Carolina-South Carolina 

nonattainment area has attaining data 

for the 1997 8-hour ozone NAAQS. This 

determination, in accordance with 40 

CFR 51.918, suspends the requirements 

for this area to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

related to attainment of the standards 

for as long as this area continues to meet 

the 1997 8-hour ozone NAAQS. 

(b) [Reserved] 

[FR Doc. 2011–29184 Filed 11–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket No. 03–185; Report No. 2935] 

Petition for Reconsideration of Action 

of Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for reconsideration. 

SUMMARY: In this document, Petitions 

for Reconsideration (Petitions) have 

been filed in the Commission’s 

Rulemaking proceeding concerning the 

Commission’s Second Report and 

Order. 

DATES: Oppositions to the Petitions 

must be filed by November 30, 2011. 

Replies to an opposition must be filed 

December 12, 2011. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street SW., 

Washington, DC 20554. 

FOR FUTHER INFORMATION CONTACT: 

Shaun Maher, Media Bureau, (202) 418– 

2324. 

SUPPLEMENTARY INFORMATION: In this 

document, Petitions for Reconsideration 

(Petitions) have been filed in the 

Commission’s Rulemaking proceeding 

concerning the Commission’s Second 

Report and Order, FCC 11–110, in MB 

Docket No. 03–185 and published 

pursuant to 47 CFR 1.429(e). See 

1.4(b)(1) of the Commission’s rules (47 

CFR 1.4(b)(1)). 

This is a summary of Commission’s 

document, Report No. 2935, released 

October 25, 2011. The full text of this 

document is available for viewing and 

copying in Room CY–B402, 445 12th 

Street SW., Washington, DC or may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc. 

(BCPI) (1-(800) 378–3160). The 

Commission will not send a copy of this 

Notice pursuant to the Congressional 

Review Act, 5 U.S.C. 801(a)(1)(A), 

because this Notice does not have an 

impact on any rules of particular 

applicability. 

Subject: In the Matter of Amendment 

of Parts 73 and 74 of the Commission’s 

Rules to Establish Rules for Digital Low 

Power Television, Television Translator, 

and Television Booster Stations and to 

Amend Rules for Digital Class A 

Television Stations (MB Docket No. 03– 

185). 

Number of Petitions Filed: 7. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2011–29437 Filed 11–14–11; 8:45 a.m.] 

BILLING CODE 6712–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3009 and 3052 

[Docket No. DHS–2010–0017] 

RIN 1601–AA55 

Prohibition on Federal Protective 

Service Guard Services Contracts With 

Business Concerns Owned, 

Controlled, or Operated by an 

Individual Convicted of a Felony 

[HSAR Case 2009–001]; Correction 

AGENCY: Office of the Chief Procurement 

Officer, DHS. 

ACTION: Correcting amendment. 

SUMMARY: This document corrects 

internal citations within the Homeland 

Security Acquisition Regulation to 

reflect previous redesignation of 

sections related to contracting with 

corporate expatriates and the 

recodification of certain public 

contracting laws in title 41, United 

States Code. 

DATES: Effective Date: November 15, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ann 

Van Houten, Procurement Analyst, at 

(202) 447–5285, for clarification of 

content. 

SUPPLEMENTARY INFORMATION: 

This document corrects internal 

citations within the Department of 

Homeland Security (DHS) Homeland 

Security Acquisition Regulation (HSAR) 

at parts 3009 and 3052 to reflect a prior 

redesignation of related sections and the 

recodification of certain public 

contracting laws in title 41, United 

States Code, by Public Law 111–350, 

124 Stat. 367 (Jan. 4, 2011). 

On November 16, 2009, DHS 

published a final rule entitled 

Prohibition on Federal Protective 

Service Guard Services Contracts With 

Business Concerns Owned, Controlled, 

or Operated by an Individual Convicted 

of a Felony [HSAR Case 2009–001], 74 

FR 58851 (Nov. 16, 2009), implementing 

prohibitions related to contracting with 

guard services owned, controlled or 

operated by an individual who has been 

convicted of a serious felony. This final 

rule resulted in the resdesignation of 

multiple sections within the HSAR. On 

December 16, 2009, DHS corrected the 

final rule by redesignating section 

3009.104–70 as section 3009.108–70, 

and subsections 3009.104–71 through 

3009.104–75 as subsections 3009.108– 

7001 through 3009.108–7005. 74 FR 

66584 (Dec. 16, 2009). This amendment 

corrects internal references within 

subsections 3009.108–7001, 3009.108– 

7004 and 3052.209–70 to reflect the 

previous redesignations. 

The amendment also corrects the 

authority citation for Parts 3009 and 

3052 resulting from the recodification of 

certain public contracting laws in title 

41 by Public Law 111–350, 124 Stat. 367 

(Jan. 4, 2011). 

List of Subjects in 48 CFR Parts 3009 

and 3052 

Government procurement. 

Correcting Amendments 

Accordingly, 48 CFR Parts 3009 and 

3052 are corrected by making the 

following amendments: 

PART 3009—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for part 3009 

is revised to read as follows: 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations 70661 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1707(a) and (b), 41 U.S.C. 1702, 48 CFR part 

1, subpart 1.3, and DHS Delegation Number 

0700. 

■ 2. Section 3009.108–7001 is revised to 

read as follows: 

3009.108–7001 General. 

Except as provided in (HSAR) 48 CFR 

3009.108–7004, DHS may not enter into 

any contract with a foreign incorporated 

entity which is treated as an inverted 

domestic corporation under subsection 

(b) of section 835 of the Homeland 

Security Act, 6 U.S.C. 395(b), or any 

subsidiary of such an entity. 

■ 3. Section 3009.108–7004(a) is revised 

to read as follows: 

3009.108–7004 Waivers. 

(a) The Secretary shall waive the 

provisions of (HSAR) 48 CFR 3009.108– 

7001 with respect to any specific 

contract if the Secretary determines that 

the waiver is required in the interest of 

national security. 

* * * * * 

PART 3052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. The authority citation for part 3052 

is revised to read as follows: 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1707(a) and (b), 41 U.S.C. 1702, 48 CFR part 

1, subpart 1.3, and DHS Delegation Number 

0700. 

■ 5. Section 3052.209–70 is amended by 

revising the introductory text and 

paragraph (f) of the clause to read as 

follows: 

3052.209–70 Prohibition on contracts with 

corporate expatriates. 

As prescribed at (HSAR) 48 CFR 

3009.108–7005, insert the following 

clause: 

* * * * * 

(f) Disclosure. The offeror under this 

solicitation represents that [Check one]: 

l it is not a foreign incorporated 

entity that should be treated as an 

inverted domestic corporation pursuant 

to the criteria of (HSAR) 48 CFR 

3009.108–7000 through 3009.108–7003; 

l it is a foreign incorporated entity 

that should be treated as an inverted 

domestic corporation pursuant to the 

criteria of (HSAR) 48 CFR 3009.108– 

7000 through 3009.108–7003, but it has 

submitted a request for waiver pursuant 

to 3009.108–7004, which has not been 

denied; or 

l it is a foreign incorporated entity 

that should be treated as an inverted 

domestic corporation pursuant to the 

criteria of (HSAR) 48 CFR 3009.108– 

7000 through 3009.108–7003, but it 

plans to submit a request for waiver 

pursuant to 3009.108–7004. 

* * * * * 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs, Department of Homeland Security. 

[FR Doc. 2011–29388 Filed 11–14–11; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 391 

[Docket No. FMCSA–1997–2210] 

RIN 2126–AB39 

Medical Certification Requirements as 

Part of the Commercial Driver’s 

License (CDL); Extension of Certificate 

Retention Requirements 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: The FMCSA amends its 

regulations to keep in effect until 

January 30, 2014, the requirement that 

interstate drivers subject to the 

commercial driver’s license (CDL) 

regulations and the Federal physical 

qualification requirements must retain 

paper copies of their medical examiner’s 

certificate. Interstate motor carriers are 

also required to retain copies of their 

drivers’ medical certificates in their 

driver qualification files. This action is 

being taken to ensure the medical 

qualification of CDL holders until all 

States are able to post the medical selfcertification and medical examiner’s 

certificate data on the Commercial 

Driver’s License Information System 

(CDLIS) driver record. This rule does 

not, however, extend the compliance 

dates for States to collect and to post to 

the CDLIS driver record data from a CDL 

holder’s medical self-certification and 

medical examiner’s certificate. 

DATES: This rule is effective December 

15, 2011. 

ADDRESSES: You may search background 

documents or comments to the docket 

for this rule, identified by docket 

number FMCSA–1997–2210, by visiting 

the: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for reviewing documents 

and comments. Regulations.gov is 

available electronically 24 hours each 

day, 365 days a year; or 

• DOT Docket Management Facility 

(M–30): U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., West Building, Ground 

Floor, Room 12–140, Washington, DC 

20590–0001. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s Privacy Act System of 

Records Notice for the DOT Federal 

Docket Management System published 

in the Federal Register on January 17, 

2008, (73 FR 3316) or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8–785.pdf. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Redmond, Senior Transportation 

Specialist, Office of Safety Programs, 

Commercial Driver’s License Division 

(MC–ESL), Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–5014. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

Medical Certification Requirements as 

Part of the CDL 

The legal basis of the final rule titled 

‘‘Medical Certification Requirements as 

Part of the Commercial Driver’s 

License,’’ published on December 1, 

2008, (2008 final rule) (73 FR 73096– 

73097), is also applicable to this rule. 

Background 

On December 1, 2008, FMCSA 

published a final rule (73 FR 73096) 

adopting regulations to implement 

section 215 of the Motor Carrier Safety 

Improvement Act of 1999 (MCSIA) (Pub. 

L. 106–159, 113 Stat. 1767, Dec. 9, 

1999). Section 215 directed initiation of 

a rule to provide for a Federal medical 

qualification certificate to be made a 

part of commercial driver’s licenses. 

The 2008 final rule requires any CDL 

holder subject to the physical 

qualification requirements of the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) to provide a 

current original or copy of his or her 

medical examiner’s certificate to the 

issuing State Driver Licensing Agency 

(SDLA). The final rule requires the 

SDLA to post in the CDLIS driver record 

the self-certification that CDL holders 

are required to make regarding 

applicability of the Federal physical 

qualification requirements and, for 

drivers subject to those requirements, 

the medical certification information 

specified in the regulations. The final 


jlentini on DSK4TPTVN1PROD with RULES