Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules 4675 

DATES: Comments must be received on 

or before March 5, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R08–OAR–2005–UT–0007, by one of the 

following methods: 

• www.regulations.gov Follow the online instructions for submitting 

comments. 

• E-mail: ostrand.laurie@epa.gov and 

fiedler.kerri@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air and Radiation 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P–

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Director, Air and 

Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:55 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed instruction 

on how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Kerri Fiedler, Air and Radiation 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P–

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, phone (303) 312–

6493, and e-mail at: 

fiedler.kerri@epa.gov. 

SUPPLEMENTARY INFORMATION: See the 

information provided in the Direct Final 

action of the same title which is located 

in the Rules and Regulations Section of 

this Federal Register. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 22, 2007. 

Robert E. Roberts, 

Regional Administrator, Region VIII. 

[FR Doc. E7–1620 Filed 1–31–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 4, 5, and 13 

[FAR Case 2006–015; Docket 2006–0020; 

Sequence 15] 

RIN: 9000–AK68 

Federal Acquisition Regulation; FAR 

Case 2006–015, Federal Computer 

Network (FACNET) Architecture 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

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 

delete references to FACNET. 

DATES: Interested parties should submit 

written comments to the FAR 

Secretariat on or before April 2, 2007 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2006–015 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘Federal 

Acquisition Regulation’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FAR case number (for 

example, FAR Case 2006–015) and click 

on the ‘‘Submit’’ button. Please include 

any personal and/or business 

information inside the document. You 

may also search for any document by 

clicking on the ‘‘Advanced search/ 

document search’’ tab at the top of the 

screen, selecting from the agency field 

‘‘Federal Acquisition Regulation’’, and 

typing the FAR case number in the 

keyword field. Select the ‘‘Submit’’

button. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2006–015 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 Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAR case 2006–015. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In 1994, Congress enacted Pub. L. 

103–355, the Federal Acquisition 

Streamlining Act of 1994 (FASA), which 

in Title IX called for the development of 

a Federal Acquisition Computer 

Network (FACNET) for automating the 

procurement process. FACNET was to 

be the preferred means for conducting 

Government purchases above the micropurchase limit and below the simplified 

acquisition threshold. The law set a 

goal: the Government was to utilize 

FACNET to purchase more than 75 

percent of its goods and services within 

these dollar limits by 2000. 

However, in its 1997 report, 

Acquisition Reform: Obstacles to 

Implementing FACNET, GAO reviewed 

comments from agency electronic 

commerce managers about FACNET’s 

effectiveness, its ability to handle 

simple procurement transactions and its 

management and technical obstacles. As 

a result, GAO urged the Office of 

Management and Budget, General 

Services Administration, DOD and other 

leading Federal procurement shops to 

devise a new integrated electronic 

commerce strategy based on clearer 

functional requirements. 

In 1997, Congress enacted Pub. L. 

105–85, the National Defense 

Authorization Act for Fiscal Year 1998, 

which removed the statutory goal and 

freed agencies to use other electronic 

contracting means, such as FedBizOpps. 

Because of implementing obstacles, the 

statutory changes addressed above, and 

an electronic business environment that 

has evolved since FACNET’s 

introduction, the FAR is being revised 

to remove FACNET references and 

provide the opportunity to recognize the 

evolution of alternative technologies, 

processes, etc. that Federal agencies are 

using and will use to satisfy their 

acquisition needs without removing the 

use of FACNET for Federal agencies that 

may use the system. 

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. 


rmajette on PROD1PC67 with PROPOSALS
4676 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules 

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 addresses the deletion of a term 

used to describe a system for the 

electronic data interchange of 

acquisition information between the 

private section and the Federal 

Government without removing the use 

of the system. Additionally, where 

necessary in the FAR, the term has been 

replaced with a more appropriate term 

that incorporates various electronic data 

interchange systems. 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 2, 4, 5, and 13 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 2006–015), 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. 3501, et 

seq. 

List of Subjects in 48 CFR Parts 2, 4, 5, 

and 13 

Government procurement. 

Dated: January 24, 2007. 

Ralph De Stefano 

Director, Contract Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 2, 4, 5, 

and 13 as set forth below: 

1. The authority citation for 48 CFR 

parts 2, 4, 5, and 13 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). 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

2.101 [Amended] 

2. Amend section 2.101 by removing 

from paragraph (b) the definition 

‘‘Federal Acquisition Computer 

Network (FACNET) Architecture’’. 

PART 4—ADMINISTRATIVE MATTERS 

4.502 [Amended] 

3. Amend section 4.502 by removing 

from paragraph (b)(2) ‘‘, (e.g., the 

Federal Acquisition Computer Network 

(FACNET))’’. 

PART 5—PUBLICIZING CONTRACT 

ACTIONS 

5.101 [Amended] 

4. Amend section 5.101 by removing 

from paragraph (a)(2)(ii) ‘‘or Federal 

Acquisition Computer Network 

(FACNET)’’. 

5.102 [Amended] 

5. Amend section 5.102 by removing 

from paragraph (a)(3) ‘‘to FACNET’’ and 

adding ‘‘using electronic commerce’’ in 

its place. 

5.201 [Amended] 

6. Amend section 5.201 by removing 

from paragraph (b)(2) ‘‘to FACNET’’ and 

adding ‘‘using electronic commerce’’ in 

its place. 

5.203 [Amended] 

7. Amend section 5.203 by removing 

from paragraph (b) ‘‘via FACNET or for 

which’’ and adding ‘‘where’’ in its 

place. 

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES 

13.104 [Amended] 

8. Amend section 13.104 by removing 

from paragraph (b) ‘‘using either 

FACNET or’’. 

9. Amend section 13.105 by revising 

paragraph (a) to read as follows: 

13.105 Synopsis and posting 

requirements. 

(a) The contracting officer must 

comply with the public display and 

synopsis requirements of 5.101 and 

5.203 unless an exception in 5.202 

applies. 

* * * * * 

10. Amend section 13.106–1 by 

revising paragraph (f) to read as follows: 

13.106–1 Soliciting competition. 

* * * * * 

(f) Inquiries. An agency should 

respond to inquiries received through 

any medium (including electronic 

commerce) if doing so would not 

interfere with the efficient conduct of 

the acquisition. 

13.106–2 [Amended] 

11. Amend section 13.106–2 by 

removing from paragraph (b)(4) 

‘‘FACNET or’’. 

13.106–3 [Amended] 

12. Amend section 13.106–3 by 

removing from paragraph (c) ‘‘FACNET 

or’’. 

13.307 [Amended] 

13. Amend section 13.307 by 

removing from paragraph (b)(1) ‘‘via 

FACNET, electronically,’’ and adding 

‘‘electronically’’ in its place. 

[FR Doc. 07–439 Filed 1–31–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1243 

[STB Ex Parte No. 661 (Sub-No. 1)] 

Rail Fuel Surcharges 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: In conjunction with the 

Surface Transportation Board’s decision 

in Rail Fuel Surcharges, STB Ex Parte 

No. 661 (STB served Jan. 26, 2007), the 

Board has proposed to require all large 

(Class I) railroads to submit a monthly 

report containing the following 

information: total monthly fuel cost; 

gallons of fuel consumed during the 

month; increased or decreased cost of 

fuel over the previous month; and total 

monthly revenue from fuel surcharges. 

DATES: Comments are due by April 2, 

2007. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

comply with the instructions at the EFILING link on the Board’s Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: STB Ex Parte No. 661 (SubNo. 1), 1925 K Street, NW., Washington, 

DC 20423–0001. 

Copies of written comments received 

by the Board will be available from the 

Board’s contractor, ASAP Document 

Solutions (mailing address: Suite 103, 

9332 Annapolis Rd., Lanham, MD 

20706; e-mail address: 

asapdc@verizon.net; telephone number: 

202–306–4004). The comments will also 

be available for viewing and selfcopying in the Board’s Public Docket 

Room, Room 755, and will be posted to 

the Board’s Web site at http:// 

www.stb.dot.gov. 

FOR FURTHER INFORMATION, CONTACT: 

Joseph H. Dettmar at 202–565–1609. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] 


rmajette on PROD1PC67 with PROPOSALS