Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Proposed Rules 11889 

116—Control of Air Pollution by 

Permits for New Construction or 

Modification. The July 22, 1998, 

revision repeals and replaces the 

Renewal Application Fees section with 

a new section. The October 4, 2002, 

revision increases the determination of 

fees for NSR permits, corrects addresses, 

and makes other administrative 

changes. The September 25, 2003, 

revision clarifies that an emission 

reduction credit must be certified and 

banked to be creditable as an offset in 

the NSR permitting program, repeals 

and replaces the section that addresses 

the use of emission reductions as offsets 

for NSR permitting and the definition of 

‘‘offset ratio,’’ and makes administrative 

changes. EPA has determined that these 

SIP revisions comply with the Clean Air 

Act and EPA regulations, are consistent 

with EPA policies, and will improve air 

quality. This action is being taken under 

section 110 and parts C and D of the 

Federal Clean Air Act (the Act or CAA). 

DATES: Comments must be received on 

or before April 20, 2009. 

ADDRESSES: Comments may be mailed to 

Mr. Jeff Robinson, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposal, please contact Ms. Melanie 

Magee (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 

Suite 1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–7161. 

Ms. Magee can also be reached via 

electronic mail at 

magee.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 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 relevant 

adverse comments. A detailed rationale 

for the approval is set forth in the direct 

final rule. If no relevant adverse 

comments are received in response to 

this action, no further activity is 

contemplated. If EPA receives relevant 

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. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of the 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. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: February 26, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–5836 Filed 3–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 523 and 552 

[GSAR Case 2006–G506; Docket 2009–0005; 

Sequence 1] 

RIN 3090–AI82 

General Services Acquisition 

Regulation; GSAR Case 2006–G506; 

Rewrite of Part 523, Environment, 

Conservation, Occupational Safety and 

Drug-Free Workplace 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The GSA is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to update the text 

addressing environment, conservation, 

occupational safety and drug-free 

workplace. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before May 19, 2009 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2006–G506 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘GSAR 

Case 2006–G506’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with GSAR Case 2006– 

G506. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR Case 2006–G506’’ 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 GSAR Case 2006–G506 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: For 

clarification of content, contact Mr. 

William Clark at (202) 219–1813, or by 

e-mail at william.clark@gsa.gov. For 

information pertaining to the status or 

publication schedules, contact the 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4755. Please cite 

GSAR Case 2006–G506. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the GSAR to 

update the text addressing GSAR Part 

523, Environment, Energy and Water 

Efficiency, Renewable Energy 

Technologies, Occupational Safety, and 

Drug-Free Workplace. This rule is a 

result of the GSA Acquisition Manual 

(GSAM) rewrite initiative undertaken by 

GSA to revise the GSAM to maintain 

consistency with the FAR and 

implement streamlined and innovative 

acquisition procedures that contractors, 

offerors, and GSA contracting personnel 

can utilize when entering into and 

administering contractual relationships. 

The GSAM incorporates the GSAR as 

well as internal agency acquisition 

policy. The GSA will rewrite each part 

of the GSAR and GSAM, and as each 

GSAR part is rewritten, will publish it 

in the Federal Register. 

This proposed rule changes the title of 

Part 523 to ‘‘Environment, Energy and 

Water Efficiency, Renewable Energy 

Technologies, Occupational Safety, and 

Drug-Free Workplace,’’ to correspond to 

the title in FAR Part 23. The title for 

Subpart 523.3 is changed to ‘‘Hazardous 

Material Identification and Material 

Safety Data’’ to be consistent with the 

corresponding FAR subpart. 

In addition, this proposed rule 

amends the GSAR to delete clause 

552.223–70, Hazardous Substances, in 

its entirety because it does not contain 

all of the required statutes for shipping 

hazardous materials. It is replaced with 

two new hazardous materials clauses. 

Clause 552.223–70, Preservation, 

Packaging, Packing, Marking and 

Labeling of Hazardous Materials 

11890 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Proposed Rules 

(HAZMAT) for Export Shipment, is 

added to require compliance by 

contractors with the International 

Maritime Dangerous Goods (IMDG) 

Code, the Occupational Safety and 

Health Regulation, and the applicable 

Modal Regulation, which are mandated 

in the new GSAR clause as they pertain 

to export shipping. This clause also 

contains a requirement for compliance 

by contractors with the Air Force InterService Manual (AFIM) 24–204 for 

military aircraft shipments. 

Clause 552.223–73, Preservation, 

Packaging, Packing, Marking and 

Labeling of Hazardous Materials 

(HAZMAT) for Domestic Shipment, is 

added to require compliance by 

contractors with the U.S. Department of 

Transportation Hazardous Material 

Regulation and the Occupational Safety 

and Health Administration Regulation. 

In addition, the provision at 552.212– 

72, Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders Applicable to GSA 

Acquisition of Commercial Items, is 

updated to include the new hazardous 

material clauses. 

The GSA published an Advance 

Notice of Proposed Rulemaking (ANPR) 

in the Federal Register at 71 FR 7910 on 

February 15, 2006, with request for 

comments on the GSAM rewrite 

initiative. The GSA did not receive any 

comments pertaining to GSAR Part 523. 

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 GSA does 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 there 

are no substantive changes. An Initial 

Regulatory Flexibility Analysis has, 

therefore, not been performed. We invite 

comments from small businesses and 

other interested parties. The GSA will 

consider comments from small entities 

concerning the affected GSAR Part 523 

and 552 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. (GSAR case 2006– 

G506), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 104–13) applies because the proposed 

rule contains information collection 

requirements. Accordingly, the 

Regulatory Secretariat has submitted a 

request for reinstatement with changes 

to the information collection 

requirement concerning Environment, 

Conservation, Occupational Safety and 

Drug-free Workplace, to the Office of 

Management and Budget under 44 

U.S.C. 35, et seq. 

Annual Reporting Burden 

Public reporting burden for this 

collection of information is estimated to 

average .658 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

The annual reporting burden is 

estimated as follows: 

Respondents: 563. 

Responses per respondent: 3. 

Total annual responses: 1689. 

Preparation hours per response: .658. 

Total response burden hours: 1111. 

D. Request for Comments Regarding 

Paperwork Burden 

Submit comments, including 

suggestions for reducing this burden, 

not later than May 19, 2009 to: GSAR 

Desk Officer, OMB, Room 10102, NEOB, 

Washington, DC 20503, and a copy to 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405. 

Public comments are particularly 

invited on: whether this collection of 

information is necessary for the proper 

performance of functions of the GSAR, 

and will have practical utility; whether 

our estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

Requester may obtain a copy of the 

justification from the General Services 

Administration, Regulatory Secretariat 

(VPR), Room 4041, Washington, DC 

20405, telephone (202) 208–7312. Please 

cite OMB Control Number 3090–0205, 

GSAR Case 2006–G506, Environment, 

Conservation, Occupational Safety and 

Drug-Free Workplace, in all 

correspondence. 

List of Subjects in 48 CFR Parts 523 and 

552 

Government procurement. 

Dated: January 13, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, GSA proposes to amend 48 

CFR parts 523 and 552 as set forth 

below: 

1. The authority citation for 48 CFR 

parts 523 and 552 continues to read as 

follows: 

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

PART 523—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY AND DRUG-FREE 

WORKPLACE 

2. Revise the heading of part 523 as 

set forth above. 

3. Amend section 523.303 by revising 

the section heading, and paragraph (a); 

and adding new paragraph (c) to read as 

follows: 

523.303 Contract clauses. 

(a) Insert 552.223–70, Preservation, 

Packaging, Packing, Marking and 

Labeling of Hazardous Materials 

(HAZMAT) for Export Shipment in 

solicitations and contracts for packaged 

items subject to the Occupational Safety 

and Health Act and the Hazardous 

Materials Transportation Act. 

* * * * * 

(c) Insert 552.223–73, Preservation, 

Packaging, Packing, Marking and 

Labeling of Hazardous Materials 

(HAZMAT) For Domestic Shipment, in 

solicitations and contracts for packaged 

items subject to the Occupational Safety 

and Health Act and the Hazardous 

Materials Transportation Act. 

PART 552—SOLICITATION PROVISION 

AND CONTRACT CLAUSES 

4. Amend section 552.212–72 by 

revising the date of the clause and 

paragraph (b) to read as follows: 

552.212–72 Contract Terms and 

Conditions Required to Implement Statutes 

or Executive Orders Applicable to GSA 

Acquisition of Commercial Items. 

* * * * * 

CONTRACT TERMS AND 

CONDITIONS REQUIRED TO 

IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS APPLICABLE TO 

GSA ACQUISITION OF COMMERCIAL 

ITEMS (DATE) 

* * * * * 

(b) Clauses. 

lll552.223–70 Preservation, Packaging, 

Packing, Marking and Labeling of Hazardous 

Materials (HAZMAT) for Export Shipment 

lll552.223–71 Nonconforming 

Hazardous Material 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Proposed Rules 11891 

lll552.223–73 Preservation, Packaging, 

Packing, Marking and Labeling of Hazardous 

Materials (Hazmat) For Domestic Shipment 

lll552.238–70 Identification of 

Electronic Office Equipment Providing 

Accessibility for the Handicapped 

lll 552.238–72 Identification of 

Products that have Environmental Attributes 

(End of clause) 

5. Amend section 552.223–70 by 

revising the section heading, date of the 

clause, and clause to read as follows: 

552.223–70 Preservation, Packaging, 

Packing, Marking and Labeling of 

Hazardous Materials (HAZMAT) for Export 

Shipment. 

* * * * * 

PRESERVATION, PACKAGING, 

PACKING, MARKING AND LABELING 

OF HAZARDOUS MATERIALS 

(HAZMAT) FOR EXPORT SHIPMENT 

(DATE) 

(a) Preservation, packaging, packing, 

marking and labeling of hazardous materials 

for shipment overseas (includes Hawaii, 

Puerto Rico and U.S. territories) shall comply 

with all requirements of the following: 

(1) International Maritime Dangerous 

Goods (IMDG) Code as established by the 

International Maritime Organization. 

(2) Items which qualify for U.S. 

Department of Transportation Consumer 

Commodity classifications shall be packaged 

in accordance with the IMDG Code and dual 

marked with both Consumer Commodity and 

IMDG marking and labeling. 

(3) Occupational Safety and Health 

Administration (OSHA) Regulation 29 (CFR) 

part 1910.1200. 

(4) Any preservation, packaging, packing, 

marking and labeling requirements contained 

elsewhere in this solicitation. 

(b) Preservation, packaging, packing, 

marking and labeling of overseas hazardous 

materials via commercial aircraft shall 

comply with the International Air Transport 

Association, Dangerous Goods Regulation 

(IATA). 

(c) Preservation, packaging, packing, 

marking and labeling of HAZMAT military 

aircraft shipments shall comply with the 

requirement of AFIM 24–204, Air Force InterService Manual 24–204, Preparing Hazardous 

Materials For Military Air Shipments. 

(d) The test certification data showing 

compliance with performance-oriented 

packaging requirements shall be made 

available to GSA contract administration/ 

management representatives or regulatory 

inspectors upon request. 

(End of clause) 

6. Add section 552.223–73 to read as 

follows: 

552.223–73 Preservation, Packaging, 

Packing, Marking and Labeling of 

Hazardous Materials (Hazmat) For Domestic 

Shipment. 

As prescribed in 523.303(c), insert the 

following clause: 

PRESERVATION, PACKAGING, 

PACKING, MARKING AND LABELING 

OF HAZARDOUS MATERIALS 

(HAZMAT) FOR DOMESTIC 

SHIPMENT (DATE) 

(a) Preservation, packaging, packing, 

marking and labeling of hazardous materials 

within the continental United States shall 

comply with all requirements of the 

following: 

(1) U.S. Department of Transportation 

(DOT) Hazardous Material Regulation 49, 

CFR parts 171 through 180. 

(2) Occupational Safety and Health 

Administration (OSHA) Regulation 29 CFR 

part 1910.1200. 

(3) All preservation, packaging, packing, 

marking and labeling requirements contained 

elsewhere in this solicitation. 

(b) Hazardous Material Packages 

designated for overseas destinations through 

the GSA Distribution Centers shall comply 

with the International Maritime Dangerous 

Goods (IMDG) Code. 

(End of clause) 

[FR Doc. E9–5876 Filed 3–19–09; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 090218189–9251–01] 

RIN 0648–AX29 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Target and Missile 

Launch Activities at San Nicolas 

Island, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for 

authorization for the take of marine 

mammals, by harassment, incidental to 

vehicle launch operations from San 

Nicolas Island (SNI), California. By this 

document, NMFS is proposing 

regulations to govern that take. In order 

to issue a Letter of Authorization (LOA) 

and to issue final regulations governing 

the take, NMFS must determine that the 

taking will have a negligible impact on 

the species or stocks and will not have 

an unmitigable adverse impact on the 

availability of such species or stock for 

taking for subsistence uses. NMFS must 

also prescribe the means of effecting the 

least practicable adverse impact on such 

species or stock and their habitats. 

DATES: Comments and information must 

be received no later than April 20, 2009. 

ADDRESSES: You may submit comments, 

identified by 0648–AX29, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Hand delivery or mailing of paper, 

disk, or CD-ROM comments should be 

addressed to P. Michael Payne, Chief, 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910–3225. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

A copy of the application containing 

a list of references used in this 

document and the Draft Environmental 

Assessment (EA) may be obtained by 

writing to the above address, by 

telephoning the contact listed under FOR

FURTHER INFORMATION CONTACT, or on the 

Internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm#applications. 

Documents cited in this proposed rule 

may also be viewed, by appointment, 

during regular business hours at the 

above address. To help NMFS process 

and review comments more efficiently, 

please use only one method to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Candace Nachman, Office of Protected 

Resources, NMFS, (301) 713–2289, ext. 

156, or Monica DeAngelis, Southwest 

Regional Office, (562) 980–3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

Marine Mammal Protection Act (MMPA; 

16 U.S.C. 1361 et seq.) direct the 

Secretary of Commerce (Secretary) to 

allow, upon request, the incidental, but 

not intentional taking of small numbers 

of marine mammals by U.S. citizens 

who engage in a specified activity (other 

than commercial fishing) within a 

specified geographical region if certain 

findings are made and either regulations