Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 71559 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes, or otherwise have any unique 

impacts on local governments. Thus, the 

Agency has determined that Executive 

Order 13132, entitled Federalism (64 FR 

43255, August 10, 1999) and Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000) do not apply to this final rule. 

In addition, this final rule does not 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). 

Although this action does not require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994), EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

XI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 17, 2010. 

G. Jeffery Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.960, the table is amended 

by adding alphabetically the following 

polymers to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

******

Polyoxyalkylated glycerol fatty acid esters; the mono-, 

di-, or triglyceride mixtures of C8 through C22, primarily C8 through C18 saturated 

and unsaturated, fatty acids containing up to 15% water by weight reacted with a 

minimum of three moles of either ethylene oxide or propylene oxide; the resulting 

polyoxyalkylated glycerol ester polymer minimum number average molecular weight 

(in amu), 1,500.

61791–23–9, 68201–46–7, 68440–49–3, 68458–88–8, 

68606–12–2, 68648–38–4, 70377–91–2, 70914–02–2, 

72245–12–6, 72698–41–3, 180254–52–8, 248273– 

72–5, 308063–50–5, 952722–33–7. 

* * * * * * * 

[FR Doc. 2010–29625 Filed 11–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2010–0066; SW FRL– 

9231–4] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Withdrawal of Direct 

Final Exclusion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final 

exclusion. 

SUMMARY: Because EPA received 

adverse comments, we are withdrawing 

the direct final exclusion for 

ExxonMobil Refining and Supply 

Company—Beaumont Refinery, 

published on October 1, 2010. 

DATES: Effective November 24, 2010, 

EPA withdraws the direct final 

exclusion published at 75 FR 60632, on 

October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Peace, Environmental 

Protection Agency, Multimedia 

Planning and Permitting Division, 

RCRA Branch, Mail Code: 6PD–C, 1445 

Ross Avenue, Dallas, TX 75202, by 


jlentini on DSKJ8SOYB1PROD with RULES
71560 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

calling (214) 665–7430 or by e-mail at 

peace.michelle@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comments, we are 

withdrawing the direct final exclusion 

for ExxonMobil Refining and Supply 

Company—Beaumont Refinery, 

published on October 1, 2010, 75 FR 

60632. We stated that in the direct final 

rule that if we received adverse 

comment by November 1, 2010, the 

direct final rule would not take effect 

and we would publish a timely 

withdrawal in the Federal Register. We 

subsequently received adverse comment 

on that direct final rule. We will address 

the comments submitted in a 

subsequent final action which will be 

based on the parallel proposed rule also 

published on October 1, 2010, 75 FR 

60689. As stated in the direct final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

on this action. 

Dated: November 16, 2010. 

Bill Luthans, 

Acting Director, Multimedia Planning and 

Permitting Division. 

■ Accordingly, the amendments to the 

rule published on October 1, 2010, 75 

FR 60632 are withdrawn as of 

November 24, 2010 until an action 

making the exclusion final is published. 

[FR Doc. 2010–29630 Filed 11–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215, 234, 242, and 252 

RIN 0750–AG46 

Defense Federal Acquisition 

Regulation Supplement; Cost and 

Software Data Reporting System 

(DFARS Case 2008–D027) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

address DoD Cost and Software Data 

Reporting system requirements for 

Major Defense Acquisition Programs 

and Major Automated Information 

Systems. 

DATES: Effective Date: November 24, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, Telephone 703–602– 

0311. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The DoD cost and software data 

reporting (CSDR) system establishes 

requirements for proposals and contract 

performance for major defense 

acquisition programs (as defined in 10 

U.S.C. 2430) and major automated 

information systems (as defined in 10 

U.S.C. 2445a). 

During the proposal process, offerors 

are required to— 

• Describe the process to be used to 

satisfy the requirements of the CSDR 

Manual (DoD 5000.04–M–1) and the 

Government-approved CSDR plan; and 

• Submit certain cost information 

with the pricing proposal. 

During contract performance, the 

contractor is required to— 

• Use a documented CSDR process 

for reporting; 

• Use the Government-approved 

contract CSDR plan as the basis for 

reporting; and 

• Require subcontractors to comply 

with the cost and software data 

reporting requirements. 

DoD published a proposed rule at 75 

FR 25165 on May 7, 2010. The public 

comment period closed July 6, 2010. 

Two respondents submitted comments 

that are grouped under four comment 

categories. Based on public comments, 

changes were made to the proposed 

rule. Major changes in the final rule are 

as follows: 

• Explaining that the two principal 

components of the CSDR system are the 

contractor cost data reporting (CCDR) 

and the software resources data 

reporting (SRDR) (DFARS 234.7100(a)). 

• Clarifying the solicitation and 

contract clause prescriptions (DFARS 

234.7101). 

• Including the approval authority for 

applying the CSDR requirements at 

lower dollar thresholds (DFARS 

234.7101(b)(2)). 

• Removing the requirement to 

submit DD Form 1921–2, Progress Curve 

Report, with the offeror’s pricing 

proposal (DFARS 252.234–7003(b)(6)). 

• Removing the reference to DD Form 

1921–3, Contractor Business Data 

Report (DFARS 242.503–2(b) and 

252.234–7004, Cost and Software Data 

Reporting System). 

• Restructuring the solicitation 

provision to clarify proposal submission 

requirements (DFARS 252.234–7003). 

• Providing an Alternate I to the 

solicitation provision and to the clause 

to accommodate CSDR requirements at 

lower dollar thresholds (DFARS 

252.234–7003 and 252.234–7004). 

II. Discussion and Analysis 

The following paragraphs address the 

four categories of comments and DoD 

responses: 

1. DD 1921–2, Progress Curve Report 

Comment: A respondent noted that 

DD Form 1921–2 Progress Curve Report, 

required to be submitted by offerors, in 

accordance with paragraph (a)(3) of 

DFARS 252.234–70XX in the proposed 

rule, is designed to collect unit/lot cost 

data and is, therefore, not applicable to 

contracts that do not procure units or 

lots. The respondent recommended 

revising the solicitation requirements. 

Response: DoD agrees that the DD 

1921–2 is not required to be submitted 

with the contractor’s pricing proposal 

and has revised DFARS provision 

252.234–7003 in the final rule 

accordingly. 

2. The DD 1921–3, Contractor Business 

Data Report 

a. Basis for Reporting 

Comment: A respondent noted that 

paragraph (a)(3) of DFARS 252.234– 

70YY in the proposed rule directs ‘‘the 

Contractor (to) use DD Form 1921–3, 

Contractor Business Data Report, as the 

basis for reporting in accordance with 

the required CSDR data item 

descriptions (DIDs).’’ DD Form 1921–3, 

Contractor Business Data Report, is not 

a basis for reporting, but is a report to 

be prepared and submitted by the 

contractor in accordance with DID DI– 

FNCL–81765A. The respondent 

suggested removing the reference to DD 

Form 1921–3. 

Response: DoD agrees and deleted the 

requirement for DD Form 1921–3, 

Contractor Business Data Report, from 

clause 252.234–7004 in the final rule. 

b. Exempt Below $50 Million 

Comment: One respondent asked if a 

subcontractor is exempt from reporting 

if it incurs less than $50 million on a 

program, or if the reporting 

requirements apply to all levels of 

subcontractors regardless of level of 

participation in the program. 

Response: DoD revised the solicitation 

provision and contract clause to clarify 

applicability to subcontracts. 

c. Specific Guidance Is Necessary 

Comment: One respondent had 

numerous questions concerning the 

completion of DD Form 1921–3. 

Response: Questions relating to DD 

Form 1921–3 preparation guidance are 

outside the scope of this rule and 

should be referred directly to the 


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