### 57013 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Proposed Rules

and Budget (OMB) has determined not to constitute ‘‘significant regulatory actions’’ under section 3(f) of Executive Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 13132

This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, under Executive Order 13132, we determine that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act

The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by approving it certifies that it will not have a significant economic impact upon a substantial number of small entities for the following reasons: This rule pertains to the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau’s appropriated funds.

Unfunded Mandates Reform Act of

1995

This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-basedcompanies to compete with foreignbased companies in domestic and export markets. List of Subjects in 28 CFR Part 524

Prisoners.

Thomas R. Kane, Acting Director, Bureau of Prisons.

Under rulemaking authority vested in the Attorney General in 5 U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we propose to amend 28 CFR part 524 as set forth below.

**PART 524—CLASSIFICATION OF INMATES** 

**SUBCHAPTER B—INMATE ADMISSION, CLASSIFICATION, AND TRANSFER** 

1. The authority citation for 28 CFR part 524 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3521– 3528, 3621, 3622, 3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006–5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 21 U.S.C. 848; 28 U.S.C. 509, 510.

2. In § 524.41, remove paragraphs (d) and (e), redesignate paragraph (f) as paragraph (e), and add a new paragraph (d) to read as follows:

**§ 524.41 Types of progress reports.**
* * * * *

(d) Transfer report —prepared on an inmate transferring to any non-Bureau facility.

* * * * * [FR Doc. 2011–23687 Filed 9–14–11; 8:45 am]

**BILLING CODE 4410–05–P**

**EQUAL EMPLOYMENT OPPORTUNITY COMMISSION** 

**29 CFR Part 1602**

**RIN 3046–AA89**

**Recordkeeping and Reporting Requirements Under Title VII, the ADA,**  **and GINA**

**AGENCY :**  Equal Employment Opportunity Commission.

**ACTION :**  Proposed rule: Cancellation of hearing.

**SUMMARY :**  Notice is hereby given that the Commission is cancelling the public hearing on the above proposed modifications of its recordkeeping and reporting provisions under title VII, the ADA, and GINA. (76 FR 31892, June 2, 2011). No requests to present oral testimony at a hearing concerning the proposed rule were received from the public. Further, the Commission received only one public comment in response to the June 2 notice, and the commenter expressed support for the proposed changes. Therefore, it will not be necessary to hold the hearing.

**FOR FURTHER INFORMATION CONTACT :**  Thomas J. Schlageter, Assistant Legal Counsel, (202) 663–4668, or Erin N. Norris, Senior Attorney, (202) 663–4876, Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507.

Dated: September 8, 2011.
For the Commission. Jacqueline A. Berrien,
Chair.
[FR Doc. 2011–23601 Filed 9–14–11; 8:45 am]

**BILLING CODE 6570–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R03–OAR–2011–0511; FRL–9462–7]**

**Approval and Promulgation of Air Quality Implementation Plans; West**  **Virginia; Revised Motor Vehicle Emission Budgets for the Charleston,**  **Huntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone Maintenance**  **Areas**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of amending the 8-hour ozone maintenance plan for the Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8- hour ozone maintenance areas. This revision amends the maintenance plans’ 2009 and 2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion of the plans’ safety margins which results in an increase in the MVEBs. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

**DATES :**  Comments must be received in writing by October 17, 2011.


### 57014 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Proposed Rules

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–0511 by one of the following methods:

A. http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2011–0511, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania
19103.

D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2007– 0511. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street, SE., Charleston, West Virginia 25304.

**FOR FURTHER INFORMATION CONTACT :** Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov.

**SUPPLEMENTARY INFORMATION :**  For further information, please see the information provided in the direct final action, with the same title, that is located in the Rules and Regulations section of this Federal Register publication. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

Dated: August 29, 2011. W.C. Early, Acting Regional Administrator, Region III.
[FR Doc. 2011–23262 Filed 9–14–11; 8:45 am]

**BILLING CODE 6560–50–P**

**NATIONAL AERONAUTICS AND SPACE ADMINISTRATION** 

**48 CFR Part 1852**

**RIN 2700–AD70**

**Award Fee for Service and End-Item Contracts** 

**AGENCY :**  National Aeronautics and Space Administration.

**ACTION :**  Proposed rule.

**SUMMARY :**  NASA proposes to revise the NASA FAR Supplement (NFS) to update the Award Fee for Service Contracts clause (NFS 1852.216–76) to clarify that the amount of award fee held in reserve, if any, shall not exceed $100,000 for the contract. The purpose of this reserve is to protect the Government’s interests relative to an orderly and timely closeout of the contract. In addition, the Award Fee for End Item Contracts clause (NFS 1852.216–77) is being updated to add language similar to that contained in the Award Fee for Service Contracts clause to allow the contracting officer to withhold fee payments, at a not to exceed amount of $100,000 for the contract, to protect the Government’s interests relative to an orderly and timely closeout of the contract.

**DATES :**  Interested parties should submit comments to NASA at the address below on or before November 14, 2011 to be considered in formulation of the final rule.

**ADDRESSES :**  Interested parties may submit comments to include any comments relative to the cost associated with complying with this requirement, identified by RIN number 2700–AD70, via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments may also be submitted to Bill Roets, NASA Headquarters, Office of Procurement, Contract Management Division, Washington, DC 20546. Comments may also be submitted by e-mail to william.roets-1@nasa.gov.

**FOR FURTHER INFORMATION CONTACT :**  Bill Roets, NASA, Office of Procurement, Contract Management Division (Suite 5G86); (202) 358–4483; e-mail: william.roets-1@nasa.gov.

**SUPPLEMENTARY INFORMATION :**  A. Background

In accordance with FAR 16.406(e), the NFS clause 1852.216–76 was created and required for all solicitations and contracts when an award fee contract was contemplated and the contract deliverable was the performance of a service. This clause delineates the award fee evaluation and payment process that will be followed in the contract. NASA is updating this clause to clarify that the amount of withheld award fee shall not exceed $100,000 for the contract revising paragraph (d) of 1852.216–76. As currently written, the clause specifies a not to exceed of 15 percent of the contract’s potential award fee, and on large multi-million dollar procurements, this reserve could total millions of dollars which would be excessive for the intended purpose of this reserve. By capping this reserve at $100,000, NASA will set the appropriate maximum dollar amount for this potential reserve and will align this clause with similar language in FAR clauses 52.216–8, Fixed-Fee, and 52.216–10, Incentive Fee.

Similar language relative to withholding a reserve amount of fee, not to exceed $100,000, to protect the Government’s interests relative to an orderly and timely closeout of the contract, is also being added to the