75448 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Proposed Rules 

(f) Demilitarization. Demilitarization of 

contractor inventory may be required to 

prevent the property (both serviceable and 

unserviceable) from being used for its 

originally intended purpose, or prevent the 

release of inherent design information that 

could be used against the United States. The 

Contractor shall demilitarize contractor 

inventory possessing offensive or defense 

characteristics, and not required within DoD, 

in accordance with the terms and conditions 

of the contract and consistent with Defense 

Demilitarization Manual, DoD 4160.21–M–1, 

edition in effect as of the date of this 

contract. The plant clearance officer may 

authorize the purchaser to perform the 

demilitarization provided the property is not 

inherently dangerous to public health and 

safety. 

(g) Classified contractor inventory. The 

Contractor shall dispose of classified 

contractor inventory in accordance with 

applicable security guides and regulations or 

as directed by the contracting officer. 

(h) Inherently dangerous inventory. 

Contractor inventory dangerous to public 

health or safety shall not be donated or 

otherwise disposed of unless rendered 

innocuous or until adequate safeguards are 

provided. 

(i) Compliance with export control 

requirements. The Contractor is responsible 

for complying with export control laws and 

regulations. This includes ensuring necessary 

and appropriate reviews of potential surplus 

sales buyers of MLI and CCLI. 

(j) Disposal of scrap. 

(1) Contractor with an approved scrap 

procedure. 

(i) The Contractor shall submit for approval 

to the property administrator a procedure for 

the untability and management of scrap. The 

procedure shall, at a minimum, provide for 

the effective and efficient disposition of scrap 

so as to minimize costs and maximize sales 

proceeds; and contain the necessary internal 

controls for mitigating the improper release 

of non-scrap property. Government- and 

contractor-owned scrap may be commingled, 

with plant clearance officer concurrence, 

when determined to be effective and 

efficient. 

(ii) Once approved by the property 

administrator, the plant clearance officer may 

authorize routine disposal of scrap. 

(2) The property administrator may waive 

the requirement for an approved scrap 

procedure if the amount of scrap produced or 

to be produced is minimal and poses little 

risk. 

(3) Scrap warranty. 

(i) The Contractor shall require all buyers 

of scrap to sign a DD Form 1639, Scrap 

Warranty. 

(ii) The Contracting Officer may release the 

Contractor from the terms of the scrap 

warranty in return for consideration paid to 

the Government. The consideration will 

represent the difference between— 

(A) The sale price of the scrap; and 

(B) A fair and reasonable price for the 

material if it had been sold for purposes other 

than scrap. 

(iii) The Contractor shall pay the 

consideration to the Government and the 

Government may execute the release even 

though the contract containing the warranty 

was not made directly with the Government. 

(iv) If the scrap is resold to a second buyer, 

the first buyer shall obtain a scrap warranty 

from the second buyer. Upon receipt of the 

second buyer’s scrap warranty, the 

Government will release the first buyer from 

liability under the original warranty. 

(k) Disposal of contractor inventory for 

NATO cooperative projects. 

(1) North Atlantic Treaty Organization 

(NATO) cooperative project agreements may 

include disposal provisions of jointly 

acquired property without regard to any 

applicable disposal laws of the United States. 

(2) Disposal of such property includes 

transfer of U.S. interests in the property to 

one of the other governments participating in 

the agreements, or the sale of the property. 

(3) Payment for the transfer or sale of any 

U.S. interest shall be made in accordance 

with the terms of the project agreement. 

(l) Sale of surplus contractor inventory. 

(1) The Contractor or its employees shall 

submit their bids to the plant clearance 

officer prior to soliciting bids from other 

prospective bidders. 

(2) The Contractor shall solicit a sufficient 

number of bidders to obtain adequate 

competition and use formal invitations for 

bid, unless the plant clearance officer 

approves use of informal bid procedures. The 

Contractor shall include in its invitation for 

bids, the sales terms and conditions provided 

by the plant clearance officer. 

(3) The Contractor shall solicit bids at least 

15 calendar days before bid opening to allow 

adequate opportunity to inspect property and 

prepare bids. 

(4) For large sales, the Contractor may use 

summary lists of items offered as bid sheets 

with detailed descriptions attached. 

(5) In addition to mailing or delivering 

notice of the proposed sale to prospective 

bidders, the Contractor may (when the results 

are expected to justify the additional 

expense) display a notice of the proposed 

sale in appropriate public places, e.g., 

publish a sales notice in appropriate trade 

journals or magazines and local newspapers. 

(6) When the acquisition cost of the 

property to be sold at one time, in one place, 

is $250,000 or more, the Contractor shall 

send a notice of the proposed sale to 

FedBizOpps (http://www.fbo.gov). 

(7) The plant clearance officer or 

representative will witness the bid opening. 

Within two working days after bid opening, 

the Contractor will submit to the plant 

clearance officer, either electronically or 

manually, two copies of the bid abstract. 

(8) When demilitarization of property is 

required, whether on or off contractor or 

Government premises, the sales contract 

must include the following provisions: 

(i) Demilitarization. Item(s) ____ require 

demilitarization by the Purchaser. Insert item 

number(s) and specific demilitarization 

requirements for item(s) shown in Defense 

Demilitarization Manual, DoD 4160.21–M–1, 

edition in effect as of the date of this 

contract. 

(ii) Demilitarization on Government or 

non-Government premises. Property 

requiring demilitarization shall be 

demilitarized by the Purchaser under the 

supervision of qualified Department of 

Defense personnel. Property requiring 

demilitarization shall not be removed, and 

title shall not pass to the Purchaser, until 

demilitarization has been accomplished and 

verified by a Government representative. 

Demilitarization will be accomplished as 

specified in the contract. The Purchaser 

agrees to assume all costs incident to the 

demilitarization and to restore the working 

area to its present condition after removing 

the demilitarized property. 

(iii) Failure to demilitarize. If the Purchaser 

fails to demilitarize the property as specified 

in the contract, the Contractor may, upon 

giving ten days written notice from date of 

mailing to the Purchaser— 

(A) Repossess, demilitarize, and return the 

property to the Purchaser. The Purchaser 

hereby agrees to pay to the Contractor, prior 

to the return of the property, all costs 

incurred by the Contractor in repossessing, 

demilitarizing, and returning the property to 

the Purchaser. 

(B) Repossess, demilitarize, and resell the 

property, and charge the defaulting Purchaser 

with all excess costs incurred by the 

Contractor. The Contractor shall deduct these 

costs from the purchase price and refund the 

balance of the purchase price, if any, to the 

Purchaser. In the event the excess costs 

exceed the purchase price, the defaulting 

Purchaser hereby agrees to pay these excess 

costs to the Contractor. 

(C) Repossess and resell the property under 

similar terms and conditions. In the event 

this option is exercised, the Contractor shall 

charge the defaulting Purchaser with all 

excess costs incurred by the Contractor. The 

Contractor shall deduct these excess costs 

from the original purchase price and refund 

the balance of the purchase price, if any, to 

the defaulting Purchaser. Should the excess 

costs to the Contractor exceed the purchase 

price, the defaulting Purchaser hereby agrees 

to pay these excess costs to the Contractor. 

(End of clause) 

[FR Doc. 2010–30285 Filed 12–2–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Parts 209, 213, 214, 215, 217, 

218, 219, 220, 221, 222, 223, 224, 225, 

227, 228, 229, 230, 231, 232, 233, 234, 

235, 236, 238, 239, 240, and 241 

[Docket No. FRA–2006–25274, Notice No. 

3] 

RIN 2130–ZA00 

Revised Proposal for Revisions to the 

Schedules of Civil Penalties for a 

Violation of a Federal Railroad Safety 

Law or Federal Railroad Administration 

Safety Regulation or Order; Reopening 

and Extending the Comment Period 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Proposed Rules 75449 

ACTION: Reopening and extending the 

comment period. 

SUMMARY: Due to comments received 

from the Association of American 

Railroads (AAR) during the initial 

comment period, FRA is reopening the 

comment period for its proposal 

published on September 21, 2010. The 

proposal, if adopted, would amend, line 

by line, FRA’s schedules of civil 

penalties issued as appendices to FRA’s 

rail safety regulations, as well as other 

guidance. AAR stated in its comments 

on the proposal that FRA did not give 

the railroad industry adequate time to 

review all the penalties listed in the 

proposal to determine if they match the 

severity-scale criteria, which are also 

listed in the proposal. Therefore, FRA is 

reopening and extending the comment 

period in order to allow AAR more time 

to review the penalties in the severity 

scale and to identify and comment more 

fully on which individual penalties do 

not in its opinion satisfy the severityscale criteria. FRA also seeks further 

comments from other interested parties 

that were unable to comment during the 

initial comment period. The comment 

period is reopened until February 1, 

2011. 

DATES: Written comments must be 

received by February 1, 2011. 

Comments received after that date will 

be considered to the extent possible 

without incurring additional delay or 

expense. 

ADDRESSES: Comments: Comments 

related to this Docket No. FRA 2006– 

25274, Notice No. 3, may be submitted 

by any of the following methods: 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m. Monday through Friday, 

except Federal holidays. 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received go to http:// 

www.regulations.gov at any time or to 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ron 

Hynes, Director, Office of Safety 

Compliance and Assurance, Office of 

Railroad Safety, FRA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(telephone 202–493–6404), 

ronald.hynes@dot.gov; or Brian Roberts, 

Trial Attorney, Office of Chief Counsel, 

FRA, 1200 New Jersey Avenue, SE., 

Mail Stop 10, Washington, DC 20590 

(telephone 202–493–6052), 

brian.roberts@dot.gov. 

SUPPLEMENTARY INFORMATION: FRA’s 

proposal to amend, line by line, FRA’s 

schedules of civil penalties as well as 

other guidance was published on 

September 21, 2010 (75 FR 57598). The 

initial comment period closed on 

October 21, 2010. During this 30-day 

comment period, FRA received 

comments from both AAR and The 

American Short Line and Regional 

Railroad Association. In its comments, 

AAR provided examples of penalties in 

the proposal that it believed did not 

match the severity-scale criteria. 

However, AAR also stated that FRA did 

not give it adequate time to review all 

the penalties in the proposal and 

determine whether they matched the 

severity-scale criteria. Therefore, FRA is 

reopening the comment period to allow 

AAR an opportunity to comment on 

these perceived inconsistencies more 

fully. FRA will address all other 

comments made during the initial and 

additional comment period in the final 

statement of agency policy. 

Privacy Act: FRA wishes to inform all 

potential commenters that anyone is 

able to search the electronic form of all 

comments received into any agency 

docket 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 complete 

Privacy Act Statement in the edition of 

the Federal Register published on April 

11, 2000 (65 FR 19477–78), or you may 

visit http://regulations.gov/search/ 

footer/privacyanduse.jsp. 

Issued in Washington, DC, on November 

29, 2010. 

Karen J. Rae, 

Deputy Administrator. 

[FR Doc. 2010–30366 Filed 12–2–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100804324–0489–01] 

RIN 0648–BA01 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Comment Period Extension 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of a 

comment period. 

SUMMARY: NMFS is extending the 

comment period for the proposed rule to 

implement the 2011–2012 Biennial 

Specifications and Management 

Measures; Amendment 16–5; and 

Amendment 23 to the Pacific Coast 

Groundfish Fishery Management Plan 

(PCGFMP). The comment period is 

being extended to provide additional 

opportunity for public comment. 

DATES: Comments must be received no 

later than 5 p.m., local time on January 

4, 2011. 

ADDRESSES: You may submit comments, 

identified by the RIN number 0648– 

BA01, by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Sarah 

Williams. 

• Mail: William Stelle, Administrator, 

Northwest Region, NMFS, 7600 Sand 

Point Way, NE., Seattle, WA 98115– 

0070, Attn: Sarah Williams. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information, or otherwise sensitive or 

protected information. 

National Marine Fisheries Service 

(NMFS) will accept anonymous 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1