10190 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 

and information, there is a reasonable 

certainty of no harm from aggregate 

exposure to Beauveria bassiana HF23 

on all food commodities, resulting 

either from its use (in accordance with 

all label direction and good agricultural 

practices) in chicken and livestock 

facilities or as a result of the subsequent 

use of treated manure from livestock 

and chicken facilities as fertilizer on 

agricultural crops. Thus, an exemption 

from the requirement of a tolerance is 

being granted for residues of Beauveria 

bassiana HF23 on all food commodities 

in response to pesticide petition PP 

8F7467. 

IX. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it 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). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance exemption 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. 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) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to 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). 

X. 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 final rule in the 

Federal Register. This final 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: February 25, 2010. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 

180.1273 continues to read as follows: 

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

■ 2. In subpart D, revise §180.1273 to 

read as follows: 

§ 180.1273. Beauveria bassiana HF23; 

exemption from the requirement of a 

tolerance. 

Residues of Beauveria bassiana HF23 

are exempt from the requirement of a 

tolerance on all food/feed commodities, 

when the pesticide is used for the 

treatment of chicken and livestock 

facilities, including the treatment of 

chicken and livestock manure. 

[FR Doc. 2010–4544 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 217 

Defense Federal Acquisition 

Regulation Supplement; Payment of 

Costs Prior to Definitization-Definition 

of Contract Action (DFARS Case 2009– 

D035) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 812 of 

the National Defense Authorization Act 

for Fiscal Year 2010 (Pub. L. 111–84, 

enacted October 28, 2009). 

DATES: Effective Date: March 5, 2010. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before May 4, 2010, to be considered 

in the formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2009–D035, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D035 in the subject 

line of the message. 

• Fax: 703–602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Meredith 

Murphy, OUSD (AT&L) DPAP (DARS), 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 10191 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, 703–602–1302. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This DFARS case is initiated to 

partially implement section 812 of the 

National Defense Authorization Act for 

Fiscal Year 2010. Section 812 is entitled 

‘‘Revision of Defense Supplement 

Relating to Payment of Costs Prior to 

Definitization.’’ Section 812 has been 

partially implemented in DFARS Case 

2008–D034, and this case implements 

the balance of section 812, which makes 

the limitations on payment of costs 

prior to definitization of unpriced 

change orders applicable to all 

categories of undefinitized contractual 

actions, ‘‘including undefinitized task 

orders and delivery orders.’’ The 

implementation is accomplished by 

specifically including the category of 

‘‘task orders and delivery orders’’ in the 

definition of ‘‘contract action’’ at DFARS 

217.7401. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

DoD does not expect that this interim 

rule will have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because the rule does not impose 

any additional requirements on small 

businesses. Therefore, an initial 

Regulatory Flexibility Analysis has not 

been performed. DoD invites comments 

from small business concerns and other 

interested parties on the expected 

impact of this rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2009–D035) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the interim rule does 

not contain any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C., et seq. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD) that urgent and compelling 

circumstances exist to promulgate this 

interim rule without prior opportunity 

for public comments. This action is 

necessary because section 812 of the 

National Defense Authorization Act for 

Fiscal Year 2010 became effective upon 

enactment. The date of enactment was 

October 28, 2009. However, pursuant to 

41 U.S.C. 418b, DoD will consider 

public comments received in response 

to this interim rule in the formation of 

the final rule. 

List of Subjects in 48 CFR Part 217 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 217 is 

amended as follows: 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 1. The authority citation for 48 CFR 

part 217 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

■ 2. Section 217.7401 is amended by 

revising paragraph (a)(2) and adding 

paragraph (a)(3) to read as follows: 

217.7401 Definitions. 

* * * * * 

(a) * * * 

(2) It includes task orders and 

delivery orders. 

(3) It does not include change orders, 

administrative changes, funding 

modifications, or any other contract 

modifications that are within the scope 

and under the terms of the contract, e.g., 

engineering change proposals, value 

engineering change proposals, and over 

and above work requests as described in 

Subpart 217.77. For policy relating to 

definitization of change orders, see 

243.204–70. 

* * * * * 

[FR Doc. 2010–4731 Filed 3–4–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 237 and 252 

RIN 0750–AG52 

Defense Federal Acquisition 

Regulation Supplement (DFARS); 

DFARS Case 2009–D017, Continuation 

of Essential Contractor Services 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to add policy and a contract 

clause requiring that contractors 

providing essential contractor services, 

as determined by the requiring activity, 

shall be prepared to continue such 

services during periods of crisis. 

DATES: Effective Date: March 5, 2010. 

Comment Date: Comments on this 

interim rule should be submitted in 

writing to the address shown below on 

or before May 4, 2010, to be considered 

in the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D017, 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D017 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Julian E. Thrash, 

OUSD(AT&L)DPAP(DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian E. Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This action is necessary to ensure that 

essential contractor services are not 

interrupted. The current changing threat 

environment, particularly under the 

additional challenges caused by such 

crises as hurricanes, tornados, 


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