Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Proposed Rules 54863 

place for a public hearing will be 

published in the Federal Register. 

Drafting Information 

The principal author of these 

proposed regulations is Sheila 

Ramaswamy, Office of Associate Chief 

Counsel (International). However, other 

personnel from the IRS and the Treasury 

Department participated in their 

development. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Proposed Amendment to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows: 

PART 1—INCOME TAXES 

Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Par. 2. 

Section 1.988–5 is amended by 

revising paragraph (a)(6)(ii) and adding 

paragraph (a)(9)(iv) Example 11 and 

paragraph (h) to read as follows: 

§ 1.988–5 Section 988(d) hedging 

transactions. 

(a) * * * 

(6) * * * 

(ii) [The text of these proposed 

amendments to § 1.988–5(a)(6)(ii) is the 

same as the text of § 1.988–5T(a)(6)(ii) 

published elsewhere in this issue of the 

Federal Register.] 

* * * * * 

(9) * * * 

(iv) * * * 

* * * * * 

Example 11: [The text of these 

proposed amendments to § 1.988– 

5(a)(9)(iv) Example 11 is the same as the 

text of § 1.988–5T(a)(9)(iv) Example 11 

published elsewhere in this issue of the 

Federal Register.] 

* * * * * 

(h) [The text of these proposed 

amendments to § 1.988–5(h) is the same 

as the text of § 1.988–5T(h) published 

elsewhere in this issue of the Federal 

Register.] 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2012–21987 Filed 9–5–12; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 761 

[EPA–HQ–RCRA–2011–0524 [FRL–9703–2]] 

RIN 2050–AG71 

Polychlorinated Biphenyls (PCBs): 

Revisions to Manifesting Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’ or ‘‘the Agency’’) is 

issuing this proposed rule to update and 

clarify several sections of the 

Polychlorinated Biphenyl (PCB) 

regulations associated with the 

manifesting requirements, which uses 

the Resource Conservation and 

Recovery Act (RCRA) Uniform 

Hazardous Waste Manifest, under the 

Toxic Substances Control Act (TSCA). 

Today’s changes are to match, as much 

as possible, the manifesting 

requirements for PCBs under TSCA to 

the manifesting requirements for 

hazardous waste under RCRA, of which 

the regulatory changes to implement the 

Uniform Hazardous Waste Manifest 

form were promulgated on March, 4, 

2005. 

DATES: Written comments must be 

received by November 5, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2011–0524, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: rcra-docket@epa.gov and 

noggle.william@epa.gov. Attention 

Docket ID No. EPA–HQ–RCRA–2011– 

0524. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2011– 

0524. 

• Mail: RCRA Docket (28221T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Attention Docket ID No. 

EPA–HQ–RCRA–2011–0524. Please 

include a total of 2 copies. 

• Hand Delivery: Please deliver 2 

copies to the EPA Docket Center (EPA/ 

DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. 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–HQ–RCRA–2011– 

0524. 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 email. 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 email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ-Docket Center, Docket ID No 

EPA–HQ–RCRA–2011–0524, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The EPA Docket 

Center is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the RCRA Docket is (202) 566–0270. A 

reasonable fee may be charged for 

copying docket materials. 

FOR FURTHER INFORMATION CONTACT: 

William Noggle, U.S. Environmental 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
54864 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Proposed Rules 

Protection Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Avenue 

NW., Washington, DC 20460, Phone: 

703–347–8769; or by email: 

noggle.william@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Why is EPA issuing this proposed rule? 

II. Does this action apply to me? 

III. Statutory and Executive Order Reviews 

I. Why is EPA using this proposed rule? 

This document proposes a number of 

revisions to 40 Code of Federal 

Regulations (CFR) part 761 of the PCB 

regulations. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, EPA is making these changes 

as a direct final rule without a prior 

proposed rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action, 

including our reasons to all of the 

specific amendments, in the preamble to 

the direct final rule. Additionally, the 

amendments to the regulatory text for 

this proposed rule can also be found in 

the direct final rule. If we receive no 

adverse comment on any of the changes 

we are promulgating today, we will not 

take further action on this proposed 

rule. If, however, we receive such 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that these 

amendments will not take effect, and 

the reason for such withdrawals. We do 

not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. EPA will address 

public comments in any subsequent 

final rule. For further information, 

please see the information provided in 

the ADDRESSES section of this document. 

II. Does this action apply to me? 

The discussion of the potentially 

affected entities by this proposed rule 

can be found in the preamble to the 

direct final rule. 

III. Statutory and Executive Order 

Reviews 

For a complete discussion of all the 

administrative requirements applicable 

to this action, see the direct final rule in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register. 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

that is primarily engaged in hazardous 

waste treatment and disposal as defined 

by NAICS code 562211, with annual 

receipts of less than 12.5 million dollars 

(based on Small Business 

Administration size standards); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This rule merely updates the 

existing regulations for manifesting PCB 

wastes to match the existing Uniform 

Hazardous Waste Manifest form. Once 

updated, the regulations will match 

what is currently being conducted by 

industry. 

List of Subjects in 40 CFR Part 761 

Environmental protection, Hazardous 

substances, Manifest, Polychlorinated 

biphenyls, Reporting and recordkeeping 

requirements. 

Dated: August 17, 2012. 

Lisa Feldt, 

Acting Assistant Administrator, Office of 

Solid Waste and Emergency Response. 

[FR Doc. 2012–21675 Filed 9–5–12; 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, 17, 42, and 49 

[FAR Case 2012–009; Docket 2012–0009; 

Sequence 1] 

RIN 9000–AM34 

Federal Acquisition Regulation; 

Documenting Contractor Performance 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to provide 

Governmentwide standardized past 

performance evaluation factors and 

performance rating categories and 

require that past performance 

information be entered into the 

Contractor Performance Assessment 

Reporting System (CPARS). 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before November 5, 

2012 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAR Case 2012–009 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by searching for 

‘‘FAR Case 2012–009’’. Select the link 

‘‘Send a Comment or Submission’’ that 

corresponds with FAR Case 2012–009. 

Follow the instructions provided to 

complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘FAR Case 2012–009’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1275 

First Street NE., 7th Floor, Washington, 

DC 20417. 

Instructions: Please submit comments 

only and cite FAR Case 2012–009 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. 

Curtis E. Glover, Sr., 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 2012–009. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

76 FR 37704 on June 28, 2011, under 

FAR Case 2009–042, to implement 

recommendations from Government 

Accountability Office (GAO) Report 

GAO–09–374, entitled ‘‘Better 

Performance Information Needed to 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS