Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules 37703 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add a temporary § 165.T07–0001 to 

read as follows: 

§ 165.T07–0001 Safety Zone; Myrtle Beach 

Triathlon, Atlantic Intracoastal Waterway, 

Myrtle Beach, SC. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of the Atlantic Intracoastal 

Waterway encompassed within an 

imaginary line connecting the following 

points: starting at Point 1 in position 

33°45′35′′ N, 78°49′42′′ W; thence 

southeast to Point 2 in position 

33°45′31′′ N, 78°49′39′′ W; thence 

northeast to Point 3 in position 

33°45′57′′ N, 78°48′57′′ W; thence 

northeast to Point 4 in position 

33°46′00′′ N, 78°48′57′′ W; thence 

southwest back to origin. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Charleston by 

telephone at 843–740–7050, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Charleston or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date and Enforcement 

Periods. This rule is effective from 6 

a.m. on October 8 through 11:59 a.m. on 

October 9, 2011. This rule will be 

enforced daily from 6 a.m. until 11:59 

a.m. on October 8, 2011 through October 

9, 2011. 

Dated: June 16, 2011. 

M. F. White, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2011–16098 Filed 6–27–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2010–0133; FRL–9425–6] 

RIN 2060–AQ76 

Regulation of Fuels and Fuel 

Additives: 2012 Renewable Fuel 

Standards; Public Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of public 

hearing. 

SUMMARY: The EPA is announcing a 

public hearing to be held for the 

proposed rule ‘‘Regulation of Fuels and 

Fuel Additives: 2012 Renewable Fuel 

Standards,’’ which EPA intends to 

publish separately in the Federal 

Register at a future date. The hearing 

will be held in Washington, DC on 

July 12, 2011. 

In a separate notice of proposed 

rulemaking EPA will be proposing 

amendments to the renewable fuel 

standard program regulations to 

establish annual standards for cellulosic 

biofuel, biomass-based diesel, advanced 

biofuel, and renewable fuels that would 

apply to all gasoline and diesel 

produced in the U.S. or imported in the 

ear 2012. In addition, the separate 

proposal includes a proposed cellulosic 

biofuel applicable volume for 2012 and 

an applicable volume of biomass-based 

diesel that would apply in 2013. 

DATES: The public hearing will be held 

on July 12, 2011 at the location noted 

below under ADDRESSES. The hearing 

will begin at 9 a.m. and end when all 

parties present who wish to speak have 

had an opportunity to do so. Parties 

wishing to testify at the hearing should 

notify the contact person listed under 

FOR FURTHER INFORMATION CONTACT by 

July 1, 2011. Additional information 

regarding the hearing appears below 

under SUPPLEMENTARY INFORMATION. 

ADDRESSES: The hearing will be held at 

the following location: Washington 

Marriott at Metro Center, 775 12th Street 

NW., Washington, DC 20005–3901. 

When the proposed rule is published 

in the Federal Register, a complete set 

of documents related to the proposal 

will be available for public inspection at 

the EPA Docket Center, located at 1301 

Constitution Avenue, NW., Room 3334, 

Washington, DC between 8:30 a.m. and 

4:30 p.m., Monday through Friday, 

excluding legal holidays. A reasonable 

fee may be charged for copying. 

Documents will also be available 

through the electronic docket system at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Julia 

MacAllister, Office of Transportation 

and Air Quality, Assessment and 

Standards Division, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; telephone 

number: (734) 214–4131; Fax number: 

(734) 214–4816; E-mail address: 

macallister.julia@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposal for which EPA is holding the 

public hearing will be published 

separately in the Federal Register. 

Public Hearing: The public hearing 

will provide interested parties the 

opportunity to present data, views, or 

arguments concerning the proposal 

(which can be found at http:// 

www.epa.gov/otaq/fuels/ 

renewablefuels/index.htm). The EPA 

may ask clarifying questions during the 

oral presentations but will not respond 

to the presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as any oral comments and supporting 

information presented at the public 

hearing. Written comments must be 

received by the last day of the comment 

period, as specified in the proposal. 

The public hearing will be held on 

July 12, 2011 at the location noted 

under ADDRESSES, and will begin at 

9 a.m. and end when all parties present 

who wish to speak have had an 

opportunity to do so. Those wishing to 

testify at the public hearing should 

register in advance by notifying the 

contact person listed under FOR FURTHER

INFORMATION CONTACT by July 1, 2011. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
37704 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules 

A verbatim transcript of the hearing 

and copies of written statements will be 

included in the rulemaking docket. 

How can I get copies of this document, 

the proposed rule, and other related 

information? 

The EPA has established a docket for 

this action under Docket ID No. EPA– 

HQ–OAR–2010–0133. The EPA has also 

developed a Web site for the RFS 

program, including the notice of 

proposed rulemaking, at the address 

given above. Please refer to the notice of 

proposed rulemaking for detailed 

information on accessing information 

related to the proposal. 

Dated: June 16, 2011. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2011–16144 Filed 6–27–11; 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 2009–042; Docket 2011–0087; 

Sequence 1] 

RIN 9000–AM09 

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 ratings, and to require all 

past performance information be 

entered into the Contractor Performance 

Assessment Reporting System (CPARS), 

the Governmentwide past performance 

feeder system. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before August 29, 

2011 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2009–042 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2009–042’’ under 

the heading ‘‘Enter Keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘FAR Case 2009–042.’’ Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘FAR Case 2009–042’’ 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 2009–042, 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 2009–042. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the FAR because the Office of 

Federal Procurement Policy (OFPP) 

requested that FAR parts 8, 12, 15, 42, 

and 49 be revised to include 

recommendations from the Government 

Accountability Office Report GAO–09– 

374, Better Performance Information 

Needed to Support Agency Contract 

Award Decisions and OFPP’s 

memorandum dated July 29, 2009, 

Improving the Use of Contractor 

Performance Information. These 

changes provide Governmentwide 

standardized evaluation factors and 

rating scales for the evaluation of 

contractor performance in the FAR. The 

FAR change also incorporates policy 

guidance outlined in OFPP’s 

memorandum dated January 21, 2011, 

Improving Contractor Past Performance 

Assessement: Summary of the Office Of 

Federal Procurement Policy Review, 

and Strategies for Improvement. Up 

until September 30, 2010, agencies had 

the option of using various past 

performance reporting feeder systems 

such as the Department of Health and 

Human Services (DHHS), National 

Institutes of Health’s (NIH) Contractor 

Performance System (CPS), the 

Department of Defense’s Contractor 

Performance Assessment Reporting 

System (CPARS), and other agency 

systems to report their evaluations into 

the Governmentwide Past Performance 

Information Retrieval System (PPIRS), 

each of which included different 

evaluation factors and rating scales. 

With the need to standardize past 

performance reporting practices and to 

enhance reporting metrics, the 

Government transitioned to one past 

performance feeder system, CPARs. 

DHHS/NIH, OFPP, and the DoD CPARS 

program office reached a decision not to 

revamp the CPS and to officially end 

service to all customers on September 

30, 2010. See NIH’s complete message 

on their Web site at https://cps.nih.gov. 

Agencies using CPS transitioned to 

CPARS. Agencies currently using other 

systems must prepare to transition to 

CPARS in the near future. Agencies’ 

migration to CPARS, one feeder system 

into PPIRS, presented an opportune 

time to standardize the evaluation 

factors and rating scales for the 

evaluation of contractor performance. 

The proposed FAR revisions include 

the following: 

(1) Addition of language in FAR 

42.1501 to provide for the use of CPARS 

as the Governmentwide past 

performance information feeder system 

into PPIRS. 

(2) Revision of FAR 42.1502 to move 

the language in paragraph (a) ‘‘The 

content of the evaluations should be 

tailored to the size, content, and 

complexity of the contractual 

requirements’’, to FAR 42.1503(b). 

(3) Addition of language in FAR 

42.1503 to provide for Governmentwide 

standard evaluation factors and a five 

scale rating system, which reflects the 

rating definitions contained in the 

CPARS Policy Guide. Also, incentivefee and award-fee contract performance 

ratings will be entered into CPARS. 

(4) References to FAR part 42 changes 

in FAR part 8, 12, and 15. 

This proposed rule is a follow on to 

two previous FAR rules FAR Case 2006– 

022, Contractor Performance 

Information (74 FR 31557) published 

July 1, 2009, and FAR Case 2008–016, 

Termination for Default Reporting (75 

FR 60258) published September 29, 

2010. FAR Case 2006–022 established 

thresholds for contractor performance 

assessments. FAR Case 2008–016 

required the submission of contractor 

performance assessments for defective 

cost or pricing data and terminations for 

default or cause. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS