45394 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 

commitments as specified in 40 CFR 

93.125. 

On May 12, 2009, EPA initiated an 

adequacy review of the Guaynabo LMP 

for transportation conformity purposes 

in accordance with 40 CFR 93.118(f), in 

a posting on EPA’s conformity Web site: 

http://www.epa.gov/otaq/ 

stateresources/transconf/adequacy.htm. 

As stated above, LMP budgets are 

unconstrained and consequently, the 

adequacy review period for these 

maintenance plans serves to allow the 

public to comment on whether limited 

maintenance is appropriate for these 

areas. The comment period for the 

adequacy posting for the Guaynabo LMP 

ended on June 11, 2009. EPA did not 

receive any comments on this posting. 

(2) General Conformity 

For federal actions which are required 

to address the specific requirements of 

the general conformity rule, one set of 

requirements applies particularly to 

ensuring that emissions from the action 

will not cause or contribute to new 

violations of the NAAQS, exacerbate 

current violations, or delay timely 

attainment. One way that this 

requirement can be met is to 

demonstrate that ‘‘the total of direct and 

indirect emissions from the action (or 

portion thereof) is determined and 

documented by the State or 

Commonwealth agency primarily 

responsible for the applicable SIP to 

result in a level of emissions which, 

together with all other emissions in the 

nonattainment area, would not exceed 

the emissions budgets specified in the 

applicable SIP.’’ 40 CFR 

93.158(a)(5)(i)(A). The decision about 

whether to include specific allocations 

of allowable emissions increases to 

sources is one made by the 

Commonwealth and local air quality 

agencies. These emissions budgets are 

different than those used in 

transportation conformity. Emissions 

budgets in transportation conformity are 

required to limit and restrain emissions. 

Emissions budgets in general conformity 

allow increases in emissions up to 

specified levels. Puerto Rico has chosen 

not to include specific emissions 

allocations for federal projects that 

would be subject to the provisions of 

general conformity. 

V. What Are EPA’s Conclusions? 

EPA has determined that the PM10 

Limited Maintenance Plan submitted by 

the PREQB on March 31, 2009 for the 

Municipality of Guaynabo meets all 

Clean Air Act provisions and EPA 

policy and guidance, including the 

criteria outlined in EPA’s LMP option 

memo. Therefore, EPA is proposing to 

approve the PM10 Limited Maintenance 

Plan for the Municipality of Guaynabo 

and all of its components as they were 

submitted by PREQB on March 31, 

2009. Specifically, EPA is proposing to 

approve the 2002 PM10 attainment 

emissions inventory, attainment plan, 

maintenance demonstration, 

contingency measures, monitoring 

network, transportation conformity 

analysis and revisions to Rules 102 and 

423 of the Puerto Rico RCAP. 

EPA is also proposing to approve the 

redesignation request for the 

Municipality of Guaynabo submitted by 

the PREQB on March 31, 2009 based on 

EPA’s determination that the supporting 

documentation for redesignation 

satisfies all Clean Air Act requirements 

and EPA’s policy and guidance, 

including the criteria outlined in EPA’s 

redesignation guidance memorandum. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

Nitrogen, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: August 18, 2009. 

Barbara A. Finazzo, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–21169 Filed 9–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 8, 12, 15, 42, and 49 

[FAR Case 2008–016; Docket 2009-0032, 

Sequence 1] 

RIN 9000–AL45 

Federal Acquisition Regulation; FAR 

Case 2008–016, Termination for Default 

Reporting 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 45395 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

establish procedures for contracting 

officers to provide contractor 

information into the Past Performance 

Information System (PPIRS). This case 

sets forth requirements for reporting 

defective cost or pricing data and 

terminations for cause or default. 

Evaluation of past performance 

information, especially terminations, 

manages risks associated with timely, 

effective and cost efficient completion 

of contracts, a key objective of the 

President’s March 4, 2009, 

Memorandum on Government 

Contracting. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before November 2, 

2009 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2008–016 by any 

of the following methods: 

•Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FAR 

Case 2008–016’’ into the field 

‘‘Keyword’’. Select the link that 

corresponds with FAR Case 2008–016. 

Follow the instructions provided to 

submit your comment. Please include 

your name, company name (if any), and 

‘‘FAR Case 2008–016’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW., Room 4041, 

ATTN: Hada Flowers, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FAR case 2008–016 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Beverly Cromer, Procurement Analyst, 

at (202) 501–1448 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite FAR case 2008–016. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed case is subsequent to 

and supplements FAR Case 2006–022, 

Contractor Performance Information, 

that was published in the Federal 

Register as a final rule on July 1, 2009 

(74 FR 31557). FAR Case 2006–022 

provided requirements for contractor 

performance information to be entered 

into PPIRS. This case, at the request of 

the Office of Federal Procurement 

Policy (OFPP), expands on FAR Case 

2006–022 by adding requirements for 

other contractor information to be 

entered into PPIRS, such as defective 

cost or pricing data and terminations for 

cause or default. 

The Councils further considered the 

memorandum issued by the Office of 

the Under Secretary of Defense, subject 

Termination Notification dated July 23, 

2008, in drafting this proposed rule. 

(See www.acq.osd.mil/dpap/ops/ 

policylvaultlarchive.html.) 

This proposed FAR rule includes the 

following: 

1. Addition of language in FAR 8.406– 

8, Reporting, for the ordering activity 

contracting officer, in accordance with 

agency procedures, to ensure that 

information related to termination for 

cause notices and any amendments are 

included in PPIRS, and in the event the 

termination for cause is subsequently 

converted to a termination for 

convenience, or is otherwise 

withdrawn, the contracting officer shall 

ensure that a notice of the conversion or 

withdrawal is included in PPIRS. 

2. Addition of language in FAR 

12.403(c)(4) for the contracting officer, 

in accordance with agency procedures, 

to ensure that information related to 

termination for cause notices and any 

amendments are included in PPIRS in 

accordance with FAR 42.1503(f), and, in 

the event the termination for cause is 

subsequently converted to a termination 

for convenience, or is otherwise 

withdrawn, the contracting officer shall 

ensure that a notice of the conversion or 

withdrawal is included in PPIRS. 

3. Addition of language in FAR 

15.407–1(d) for the contracting officer, 

in accordance with agency procedures, 

to ensure that information relating to a 

determination that the contractor 

submitted defective cost or pricing data 

is provided for inclusion in PPIRS. 

4. Addition of language in FAR 

42.1503(f) setting forth the procedure for 

contracting officers within 10 days after 

determining that a contractor has 

submitted defective cost or pricing data, 

or a termination for cause or default 

notice has been issued or any 

subsequent conversions or withdrawals 

have been issued, to ensure information 

related to these issues are provided for 

inclusion in PPIRS. 

5. Addition of language in FAR 

49.402–8, Reporting Information, for the 

contracting officer, in accordance with 

agency procedures, to ensure that 

information relating to the termination 

for default notice and any subsequent 

conversions or withdrawals are 

provided for inclusion in PPIRS. 

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 

The Councils do not expect this 

proposed rule to 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. The 

collection and reporting of contractor 

information is an internal process to the 

Government. An Initial Regulatory 

Flexibility Analysis has, therefore, not 

been performed. We invite comments 

from small businesses and other 

interested parties. The Councils will 

consider comments from small entities 

concerning the affected FAR Parts 8, 12, 

15, 42, and 49 in accordance with 5 

U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 601, et seq. (FAR 

case 2008–016), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Parts 8, 12, 

15, 42, and 49 

Government procurement. 

Dated: August 27, 2009. 

Al Matera, 

Director, Acquisition Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 8, 12, 

15, 42, and 49 as set forth below: 

1. The authority citation for 48 CFR 

parts 8, 12, 15, 42, and 49 continues to 

read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 


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45396 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 

PART 8—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

2. Add section 8.406–8 to read as 

follows: 

8.406–8 Reporting. 

An ordering activity contracting 

officer, in accordance with agency 

procedures, shall ensure that 

information related to termination for 

cause notices and any amendments are 

included in PPIRS in accordance with 

42.1503(f). In the event the termination 

for cause is subsequently converted to a 

termination for convenience, or is 

otherwise withdrawn, the contracting 

officer shall ensure that a notice of the 

conversion or withdrawal is included in 

PPIRS. 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

3. Amend section 12.403 by adding 

paragraph (c)(4) to read as follows: 

12.403 Termination. 

* * * * * 

(c) * * * 

(4) The contracting officer, in 

accordance with agency procedures, 

shall ensure that information related to 

termination for cause notices and any 

amendments are included in PPIRS in 

accordance with 42.1503(f). In the event 

the termination for cause is 

subsequently converted to a termination 

for convenience, or is otherwise 

withdrawn, the contracting officer shall 

ensure that a notice of the conversion or 

withdrawal is included in PPIRS. 

* * * * * 

PART 15—CONTRACTING BY 

NEGOTIATION 

4. Amend section 15.407–1 by adding 

a new sentence to the end of paragraph 

(d) to read as follows: 

15.407–1 Defective cost or pricing data. 

* * * * * 

(d) * * * When the contracting officer 

determines that the contractor 

submitted defective cost or pricing data, 

the contracting officer, in accordance 

with agency procedures, shall ensure 

that information relating to the 

determination is provided for inclusion 

in PPIRS in accordance with 42.1503(f). 

* * * * * 

PART 42—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

5. Amend section 42.1502 by adding 

paragraph (i) to read as follows: 

42.1502 Policy. 

* * * * * 

(i) Agencies shall promptly provide 

other contractor information for 

inclusion in PPIRS in accordance with 

42.1503(f). 

6. Amend section 42.1503 by 

removing from paragraph (a) the words 

‘‘office, end’’ and adding ‘‘office, audit 

office, end’’ in its place; and adding 

paragraph (f) to read as follows: 

42.1503 Procedures. 

* * * * * 

(f) Other contractor information. 

Within 10 days after a contracting 

officer determines that a contractor has 

submitted defective cost or pricing data, 

or a termination for cause or default 

notice has been issued or any 

subsequent conversions or withdrawals 

have been issued, agencies shall ensure 

information related to these issues are 

provided for inclusion in PPIRS. 

PART 49—TERMINATION OF 

CONTRACTS 

7. Add section 49.402–8 to read as 

follows: 

49.402–8 Reporting Information. 

The contracting officer, in accordance 

with agency procedures, shall ensure 

that information relating to the 

termination for default notice and any 

subsequent conversions or withdrawals 

are provided for inclusion in PPIRS in 

accordance with 42.1503(f). 

[FR Doc. E9–21176 Filed 9–1–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R2-ES-2008-0110] 

[MO 9221050083-B2] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Sacramento 

Mountains Checkerspot Butterfly as 

Endangered with Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12–month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce our 

12–month finding on a petition to list 

the Sacramento Mountains checkerspot 

butterfly (Euphydryas anicia 

cloudcrofti) as an endangered species 

and to designate critical habitat under 

the Endangered Species Act of 1973, as 

amended (Act). After a thorough review 

of all available scientific and 

commercial information, we find that 

listing the subspecies is not warranted 

at this time. We ask the public to 

continue to submit to us any new 

information that becomes available 

concerning the status of or threats to the 

subspecies. This information will help 

us to monitor and encourage the 

conservation of the subspecies. 

DATES: This finding was made on 

September 2, 2009. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov at Docket Number 

FWS-R2-ES-2008-0110. Supporting 

documentation we used to prepare this 

finding is available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, New Mexico 

Ecological Services Office, 2105 Osuna 

NE, Albuquerque, NM 87113; telephone 

(505) 346-2525; facsimile (505) 346- 

2542. Please submit any new 

information, materials, comments, or 

questions concerning this finding to the 

above address. 

FOR FURTHER INFORMATION CONTACT: 

Wally ‘‘J’’ Murphy, Field Supervisor, 

New Mexico Ecological Services Office 

(see ADDRESSES). If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Endangered 

Species Act (Act) (16 U.S.C. 1531 et 

seq.) requires that, for any petition to 

revise the List of Endangered and 

Threatened Wildlife that contains 

substantial scientific and commercial 

information that listing may be 

warranted, we make a finding within 12 

months of the date of receipt of the 

petition on whether the petitioned 

action is: (a) Not warranted, (b) 

warranted, or (c) warranted, but the 

immediate proposal of a regulation 

implementing the petitioned action is 

precluded by other pending proposals to 

determine whether species are 

threatened or endangered, and 

expeditious progress is being made to 

add or remove qualified species from 

the List of Endangered and Threatened 

Wildlife. Section 4(b)(3)(C) of the Act 

requires that a petition for which the 

requested action is found to be 

warranted but precluded be treated as 

though resubmitted on the date of such 

finding, that is, requiring a subsequent 

finding to be made within 12 months. 


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