Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Proposed Rules 32727 

National Response Coordination Center 

(NRCC), coordinates the activation of the 

appropriate Emergency Support Functions 

and the Secretary of Homeland Security has 

designated a Federal Resource Coordinator 

(FRC) to manage Federal resource support. 

(b) The Contractor agrees that in 

performance of the contract, no more than 65 

percent of the contract cost, excluding 

indirect costs incurred by the Contractor and 

fee paid to the Contractor, will be 

subcontracted. If this clause is included only 

in an individual task or delivery order or is 

made applicable only to certain task or 

delivery orders, this limit applies only to 

such task or delivery order(s) and not to the 

entire contract. 

(c) For purposes of this clause, the 

percentage of cost shall be calculated by 

determining all costs exclusive of indirect 

costs and fee being incurred by the 

Contractor, and comparing this value to the 

total dollars the Contractor allocates to 

subcontractors. 

(d) The Contractor shall notify the 

Contracting Officer in writing annually, on 

the anniversary date of contract award, the 

total cost (less indirect costs and fee) it has 

incurred for the previous 12-month period 

and the total subcontracted cost during the 

same period. If the percentage of costs 

incurred by its subcontractors exceeds 65 

percent, the Contractor’s notification shall 

include a description of the reason(s) the 

percentage of subcontracted cost exceeded 65 

percent and a plan for becoming compliant 

with the requirements of this clause. 

(e) If the Contractor expects at any time 

that compliance with these limits is not 

practicable or feasible, it shall submit a 

written request for waiver to the Contracting 

Officer with supporting rationale. 

(f) The requirements of this clause remain 

in effect unless the Contracting Officer 

provides notification to the Contractor that 

compliance with these limits has been 

excused in accordance with (HSAR) 48 CFR 

3016.370(b), or until the Contracting Officer 

provides notification that the requirements of 

this clause are no longer in force. 

(g) In addition to any other remedy 

available to the government, the Contractor’s 

ability to remain complaint with the terms of 

this clause may be included in past 

performance evaluations performed by 

Government personnel and considered by the 

Government when making future award 

decisions and failure to comply with its 

terms may result in disallowance of certain 

incurred costs. 

(h) Nothing in this clause shall be 

construed as superseding or nullifying other 

terms or conditions of the contract including 

those associated with socioeconomic goals 

and consent to subcontract requirements. 

(End of Clause) 

3052.216–76 Proposal information on 

limitations on subcontracting in emergency 

acquisitions. 

As prescribed in (HSAR) 48 CFR 

3016.307(b) insert the following 

provision in solicitations: 

PROPOSAL INFORMATION ON 

LIMITATIONS ON SUBCONTRACTING IN 

EMERGENCY ACQUISITIONS 

(TBD 2010) 

(a) The contract or order that is expected 

to be awarded based on this solicitation will 

include the clause at (HSAR) 48 CFR 

3052.216–75, in which the Contractor agrees 

that in performance of that contract or order, 

no more than 65 percent of the cost, 

excluding indirect costs and fee, will be 

subcontracted. 

(b) The proposal shall include acceptable 

evidence of the offeror’s ability to satisfy this 

requirement. For purposes of this evidence, 

the percentage of cost shall be calculated by 

determining all costs, exclusive of indirect 

costs and fee, being proposed by the offeror 

and comparing this value to the total cost the 

offeror plans to subcontract. Upon contract 

award and during contract performance, this 

percentage of costs shall be calculated 

similarly based on costs incurred by the 

Contractor and amounts awarded to its 

subcontractors. 

(c) If the offeror expects that compliance 

with these limits is not practicable or 

feasible, it shall include a written request for 

waiver in its offer along with supporting 

rationale. Offerors are hereby notified that an 

offer conditioned on acceptance of the waiver 

may not be considered for award, at the 

discretion of the Contracting Officer. 

(End of Provision) 

[FR Doc. 2010–13801 Filed 6–8–10; 8:45 am] 

BILLING CODE 4910–9B–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2009–0077; 

92220–1113–0000; ABC Code: C3] 

RIN 1018–AW63 

Endangered and Threatened Wildlife 

and Plants; Establishment of a 

Nonessential Experimental Population 

of Sonoran Pronghorn in 

Southwestern Arizona 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule: reopening of the 

public comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our February 4, 2010, proposed rule 

to reestablish the Sonoran pronghorn 

(Antilocapra americana sonoriensis) in 

southwestern Arizona. We proposed to 

reestablish the Sonoran pronghorn 

under section 10(j) of the Endangered 

Species Act of 1973, as amended (Act), 

and to classify that reestablished 

population as a nonessential 

experimental population (NEP). The 

proposed rule provided a plan for 

establishing the NEP and provided for 

allowable legal incidental taking of 

Sonoran pronghorn within the defined 

NEP area. A draft environmental 

assessment (EA) on this proposed action 

was also made available for comment. 

This action will provide all interested 

parties with an additional opportunity 

to submit comments on the proposed 

rule to reestablish Sonoran pronghorn 

into southwest Arizona and its 

accompanying draft EA. Information 

previously submitted need not be 

resubmitted as it has already been 

incorporated into the public record and 

will be fully considered in the final rule. 

DATES: To allow us adequate time to 

consider and incorporate submitted 

information into our review, comments 

and information must be submitted on 

or before July 9, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R2– 

ES–2009–0077; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

FOR FURTHER INFORMATION CONTACT: 

Curtis McCasland, Refuge Manager, 

Cabeza Prieta National Wildlife Refuge, 

1611 North Second Avenue, Ajo, AZ 

85321; by telephone (520–387–6483) or 

by facsimile (520–387–5359). If you use 

a telecommunications device for the 

deaf (TDD), please call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 4, 2010, we published a 

proposed rule to reestablish the Sonoran 

pronghorn, a federally listed endangered 

mammal, into its historical habitat in 

King Valley, Kofa National Wildlife 

Refuge (Kofa NWR), in Yuma County, 

and to the Barry M. Goldwater Range— 

East (BMGR–E), in Maricopa County, in 

southwestern Arizona (75 FR 5732). At 

this time, we are reopening the public 

comment period for the proposed NEP 

and draft EA for a period of 30 days. For 

more information on the biology, 

habitat, and range of the Sonoran 

pronghorn, please refer to our previous 

proposed rule published in the Federal 

Register on February 4, 2010 (75 FR 

5732). 

Public Comments 

We, the U.S. Fish and Wildlife 

Service (Service), published a proposed 


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32728 Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Proposed Rules 

rule to establish a nonessential 

experimental population (NEP) of 

Sonoran pronghorn (Antilocapra 

americana sonoriensis) in southwestern 

Arizona in the Federal Register on 

February 4, 2010 (75 FR 5732). We are 

continuing to ask for public comment 

during this reopened public comment 

period on the proposed rule and draft 

environmental assessment (EA). We 

want the final rule to be as effective as 

possible and the final EA on the 

proposed action to evaluate all potential 

issues associated with this action. We 

request information from the public, 

other concerned governmental agencies, 

Native American Tribes, the scientific 

community, industry, or any other 

interested parties relevant to the 

proposed rule and draft EA. Comments 

should be as specific as possible. If you 

submitted information previously on the 

proposed rule and draft EA, please do 

not resubmit it. This information has 

been incorporated into the public record 

and will be fully considered in the 

preparation of the final rule. We will 

consider information received from all 

interested parties. 

To issue a final rule to implement this 

proposed action and to determine 

whether to prepare a finding of no 

significant impact or an environmental 

impact statement, we will take into 

consideration all comments and any 

additional information we receive. Such 

communications may lead to a final rule 

that differs from this proposal. All 

comments, including commenters’ 

names and addresses, if provided to us, 

will become part of the supporting 

record. 

You may submit your comments and 

materials concerning the proposed rule 

and draft EA by one of the methods 

listed in the ADDRESSES section. We will 

not accept comments sent by e-mail or 

fax or to an address not listed in the 

ADDRESSES section. Finally, we will not 

consider hand-delivered comments that 

we do not receive, or mailed comments 

that are not postmarked, by the date 

specified in the DATES section. 

Comments must be submitted to 

http://www.regulations.gov before 

midnight (Eastern Time) on the date 

specified in the DATES section. 

We will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. If your written 

comment includes your street address, 

phone number, or e-mail address, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

Comments and materials we receive, as 

well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the Cabeza Prieta National 

Wildlife Refuge (see FOR FURTHER

INFORMATION CONTACT). 

Peer Review 

In accordance with our joint policy 

published in the Federal Register on 

July 1, 1994 (59 FR 34270), we will seek 

the expert opinions of at least three 

appropriate and independent specialists 

regarding this proposed rule. The 

purpose of peer review is to ensure that 

our proposed NEP designation is based 

on scientifically sound data, 

assumptions, and analyses. We will 

invite these peer reviewers to comment 

during this public comment period on 

our specific assumptions and 

conclusions in this proposed NEP 

designation. 

Authority 

The authority for this action is section 

10(j) of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Dated: May 26, 2010. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–13777 Filed 6–8–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2010–0035] 

[MO-92210-0-0008-B2] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List van Rossem’s Gullbilled Tern as Endangered or 

Threatened. 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90–day finding on a petition to list van 

Rossem’s gull-billed tern (Gelochelidon 

nilotica vanrossemi) as an endangered 

or threatened species under the 

Endangered Species Act of 1973, as 

amended (Act), and to designate critical 

habitat. Based on our review, we find 

the petition provides substantial 

scientific or commercial information 

indicating that listing this subspecies 

may be warranted. Therefore, with the 

publication of this notice, we are 

initiating a review of the status of the 

subspecies to determine if listing is 

warranted. To ensure that this status 

review is comprehensive, we are 

requesting scientific and commercial 

data and other information regarding 

this subspecies. Based on the status 

review, we will issue a 12–month 

finding on the petition, which will 

address whether the petitioned action is 

warranted, as provided in section 

4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before August 

9, 2010. Please note that if you are using 

the Federal eRulemaking Portal (see 

ADDRESSES section, below) the deadline 

for submitting an electronic comment is 

11:59 p.m. Eastern Daylight Savings 

Time on this date. 

After August 9, 2010, you must 

submit information directly to the Field 

Office (see the FOR FURTHER INFORMATION

CONTACT section below). Please note that 

we may not be able to address or 

incorporate information that we receive 

after the above requested date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the box that 

reads ‘‘Enter Keyword or ID,’’ enter the 

Docket number for this finding, which 

is FWS–R8–ES–2010–0035. Check the 

box that reads ‘‘Open for Comment/ 

Submission,’’ and then click the Search 

button. You should then see an icon that 

reads ‘‘Submit a Comment.’’ Please 

ensure that you have found the correct 

rulemaking before submitting your 

comment. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R8– 

ES–2010–0035; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all information received 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Request for Information section 

below for more details). 

FOR FURTHER INFORMATION CONTACT: Jim 

Bartel, Field Supervisor, Carlsbad Fish 

and Wildlife Office, 6010 Hidden Valley 

Road, Suite 101, Carlsbad, California 

92011; by telephone at 760–431–9440; 

or by facsimile to 760–431–9624. If you 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 


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