24720 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations

2. Appendix A to Part 70 is amended

by adding the entry for New Jersey in

alphabetical order to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permit Programs

* * * * *

New Jersey

(a) The New Jersey Department of

Environmental Protection submitted an

operating permit program on November 15,

1993, revised on August 10, 1995, with

supplements on August 28, 1995, November

15, 1995, December 4, 1995, and December

6, 1995; interim approval effective on June

17, 1996; interim approval expires June 16,

1998.

(b) (Reserved)

* * * * *

[FR Doc. 96–12347 Filed 5–15–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5505–2]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Deletion of the

Washington County Landfill Superfund

Site from the National Priorities List

(NPL).

SUMMARY: The U.S. Environmental

Protection Agency (U.S. EPA)

announces the deletion of the

Washington County Landfill site in

Minnesota from the National Priorities

List (NPL). The NPL is Appendix B of

40 CFR Part 300 which is the National

Oil and Hazardous Substances

Contingency Plan (NCP), which EPA

promulgated pursuant to Section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

This action is being taken by EPA and

the State of Minnesota, because it has

been determined that Responsible

Parties have implemented all

appropriate response actions required.

Moreover, EPA and the State of

Minnesota have determined that

remedial actions conducted at the site to

date remain protective of public health,

welfare, and the environment.

EFFECTIVE DATE: May 16, 1996.

FOR FURTHER INFORMATION CONTACT:

Lawrence Schmitt (312) 353–6565 (SR–

6J), Remedial Project Manager or Gladys

Beard at (312) 886–7253, Associate

Remedial Project Manager, Superfund

Division, U.S. EPA—Region V, 77 West

Jackson Blvd., Chicago, IL 60604.

Information on the site is available at

the local information repository located

at: Minnesota Pollution Control Agency

Public Library, 520 Lafayette Rd., St.

Paul, MN 55155–4194 and Lake Elmo

Branch of the Washington County

Public Library, 3459 Lake Elmo Avenue,

Lake Elmo, MN. Requests for

comprehensive copies of documents

should be directed formally to the

Regional Docket Office. The contact for

the Regional Docket Office is Jan

Pfundheller (H–7J), U.S. EPA, Region V,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Washington

County Landfill Site located in

Washington County, Minnesota. A

Notice of Intent to Delete for this site

was published April 1, 1996 (61 FR

14280). The closing date for comments

on the Notice of Intent to Delete was

May 1, 1996. EPA received no

comments and therefore no

Responsiveness Summary was prepared.

The U.S. EPA identifies sites which

appear to present a significant risk to

public health, welfare, or the

environment and it maintains the NPL

as the list of those sites. Sites on the

NPL may be the subject of Hazardous

Substance Response Trust Fund (Fund-

) financed remedial actions. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous Waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: May 7, 1996.

Valdas V. Adamkus,

Regional Administrator, U.S. EPA, Region V.

40 CFR part 300 is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p.351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the Site

‘‘Washington County Landfill Site, Lake

Elmo County, Minnesota’’.

[FR Doc. 96–12348 Filed 5–15–96; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

48 CFR Part 570

[APD 2800.12A, CHGE 71]

RIN 3090–AF92

General Services Administration

Acquisition Regulation; Acquisition of

Leasehold Interests in Real Property

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Interim rule.

SUMMARY: The General Services

Administration Acquisition Regulation

(GSAR) is amended to revise sections

570.106 and 570.303 to authorize the

use of design-build selection procedures

in section 303M of the Federal Property

and Administrative Services Act of

1949, as amended by Pub. L. 104–106,

February 10, 1996, for lease

construction projects when the statutory

criteria for use are met.

DATES: Effective Date: May 16, 1996.

Comment Date: Comments should be

submitted in writing to the address

shown below on or before July 15, 1996

to be considered in formulating the final

rule.

ADDRESSES: Interested parties should

submit written comments to the Office

of Acquisition Policy (MV), General

Services Administration, Room 4010,

18th & F Streets, NW, Washington, DC

20405.

FOR FURTHER INFORMATION CONTACT: Tom

Wisnowski, GSA Acquisition Policy

Division, (202) 501–1224.

SUPPLEMENTARY INFORMATION:

A. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Administrator of

General Services that urgent and

compelling reasons exist to publish an

interim rule prior to affording the public

opportunity for comment.

Section 4105 of Public Law 104–106

amended the Federal Property and

Administrative Services Act of 1949 to

add a new section 303M on design-build

selection procedures. The law

authorizes use of two-phase selection
Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations 24721

procedures for entering into a contract

for the design and construction of a

public building, facility or work when

certain criteria for use are met. GSA has

made a determination that the new

authority may be used for a contract for

the design and construction of a

building, facility or work for lease to the

Government.

The new two-phase selection process

substantially reduces the cost and time

involved in such procurements for

offerors and for the Government. In the

current environment of downsizing, it is

critical for both industry and

Government to enhance the efficiency of

the contracting process.

Urgent and compelling reasons exist

to make this rule effective prior to full

consideration of public comments.

Proceeding with this interim rule is

required to permit GSA to take

advantage of the opportunity to use a

more efficient contracting process for

space requirements that are currently

pending and cannot be delayed, and to

cope with the continued downsizing of

GSA and its customer agencies. This

interim rule only applies to the use of

the new two-phase selection process in

the context of leases of real property.

The Federal Acquisition Regulation

(FAR) will address the use of the

authority for direct Federal

construction.

All public comments received in

response to this interim rule will be

fully considered in formulating the final

rule.

B. Executive Order 12866

This rule is not a significant rule as

defined in Executive Order 12866.

This rule was submitted to the Office

of Management and Budget under

Executive Order 12866, Regulatory

Planning and Review.

C. Regulatory Flexibility Act

This interim rule is not expected to

have a significant impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.,

because the rule will apply to a very

small number of leases per year (less

than 25) and the rule simplifies

procedures and reduces the cost of

competing in the initial phases of a

procurement. Therefore, the rule should

have a positive impact.

An Initial Regulatory Flexibility

Analysis (IRFA) has been prepared and

may be obtained from the address stated

above. A copy of the IRFA has been

submitted to the Chief Counsel for

Advocacy of the Small Business

Administration. Comments from small

entities will be considered in

accordance with Section 610 of the Act.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

GSAR do not impose recordkeeping or

information collection requirements, or

otherwise collect information from

offerors, contractors or members of the

public that require approval of the

Office of Management and Budget under

44 U.S.C. 3501, et seq.

E. Small Business Regulatory

Enforcement Fairness Act of 1996

This rule is not a major rule under 5

U.S.C. 804. This rule was submitted to

Congress and GAO under 5 U.S.C. 804.

List of Subjects in 48 CFR Part 570

Government procurement.

Accordingly, 48 CFR 570 is amended

as follows:

PART 570—ACQUISITION OF

LEASEHOLD INTERESTS IN REAL

PROPERTY

1. The authority citation for 48 CFR

570 continues to read as follows:

Authority: 40 U.S.C. 486(c).

2. Section 570.106 is amended by

adding paragraph (c) to read as follows:

570.106 Methods of contracting.

* * * * *

(c) The design-build selection

procedures in section 303M of the

Federal Property and Administrative

Services Act of 1949, as amended, may

be used for lease construction projects,

including lease construction projects

with options to purchase the real

property leased. The design-build

selection procedures may be used when

the lease involves the design and

construction of a public building,

facility or work for lease to the

Government if the contracting officer

makes a determination that:

(1) Three or more offers are likely to

be received,

(2) Design work must be performed

before an offeror can develop a price or

cost proposal, and

(3) The offeror will incur a substantial

amount of expense in preparing the

offer.

3. Section 570.303 is amended by

revising paragraph (a)(7), by deleting

paragraph (a)(8) and redesignating

paragaphs (a)(9) and (a)(10) as (a)(8) and

(a)(9) to read as follows:

570.303 Solicitation for offers (SFO).

(a) * * *

(7) Describe the source selection

procedures to be used.

(i) Unless the design-build selection

procedures are being used as authorized

by 570.106(c), the solicitation must

either:

(A) State that award will be made to

the offeror that meets the SFO’s

minimum requirements at the lowest

cost or price, or

(B) Identify all factors, including price

or cost, and any significant subfactors

that will be considered in awarding the

lease and state the relative importance

the Government places on those

evaluation factors and subfactors. In

describing the evaluation factors to be

considered, the SFO shall clearly

disclose whether all evaluation factors

other than cost or price when combined,

are significantly more important than

cost or price, approximately equal in

importance to cost or price, or

significantly less important than cost or

price. Numerical weights, which may be

employed in the evaluation of

proposals, need not be disclosed in the

solicitation. The SFO must inform

offerors of minimum requirements that

apply to the procurement. The other

factors that will be considered in

evaluating proposals should be tailored

to each acquisition and include only

those factors that will have an impact on

the award decision. The evaluation

factors that apply to an acquisition and

the relative importance of those factors

are within the broad discretion of the

contracting officer. However, price or

cost to the Government must be

included as an evaluation factor in

every case.

(ii) When the design-build selection

procedures are being used as authorized

by 570.106(c), the solicitation must

(A) Identify the evaluation factors and

subfactors to be used in evaluating

phase-one proposals and indicate their

relative importance,

(B) State the maximum number of

offerors that are to be selected to submit

competitive proposals in phase-two, and

(C) Identify the evaluation factors and

subfactors, including cost or price, to be

used in evaluating phase-two proposals

and selecting the successful offeror.

Evaluation factors to be used in

evaluating phase-one proposals must be

stated in the solicitation. Phase-one

factors include specialized experience

and technical competence, capability to

perform, past performance of the

offeror’s team (including the architectengineer and construction members of

the team) and other appropriate factors,

such as site or location. In phase-one,

offerors will not be required to submit

detailed design information or cost or

price information and use of cost related

or price related evaluation factors is not

permitted. The maximum number of
24722 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations

1Former section 10721 recodified section 22 of

the Interstate Commerce Act. Section 22 allowed

common carriers to depart from their tariffs in

providing service to the government.

2The regulations were later modified to exempt

nonagricultural rail rate quotations from the filing

requirements. Railroad Exempt.—Filing

Quotations—Section 10721, 7 I.C.C.2d 325 (1991).

offerors to be selected for phase-two

must not exceed 5 unless the

contracting officer determines that

specifying a number greater than 5 is in

the Government’s interest and is

consistent with the purpose and

objectives of the two-phase selection

process. For phase-two the solicitation

should identify all factors, including

price or cost, and any significant

subfactors that will be considered in

awarding the lease and state the relative

importance the Government places on

those evaluation factors and subfactors

and otherwise comply with paragraph

(a)(7)(i) of this section.

* * * * *

Dated: May 10, 1996.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 96–12198 Filed 5–15–96; 8:45 am]

BILLING CODE 6820–61–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1330

[STB Ex Parte No. 547]

Removal of Obsolete Regulations

Concerning Filing Quotations for

Government Shipments

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (the Board) is removing from the

Code of Federal Regulations obsolete

regulations concerning the filing of rate

quotations for government shipments.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: Effective

January 1, 1996, the ICC Termination

Act of 1995, Pub. L. No. 104–88, 109

Stat. 803 (ICCTA) abolished the

Interstate Commerce Commission (ICC)

and established the Board within the

Department of Transportation. Section

204(a) of ICCTA provides that ‘‘[t]he

Board shall promptly rescind all

regulations established by the [ICC] that

are based on provisions of law repealed

and not substantively reenacted by this

Act.’’

Former 49 U.S.C. 10721(b)(1)

expressly provided that a common

carrier could provide transportation for

the United States government without

charge or at a reduced rate.1 That

provision is retained in new 49 U.S.C.

10721 (rail transportation), 15712

(transportation by motor or water

carriage and freight forwarders), and

15504 (pipeline transportation).

However, the ICCTA removed the

requirement of former 49 U.S.C.

10721(b)(2) that common carriers

generally file copies of rate quotations

or tenders with both the ICC and the

department, agency or instrumentality

of the United States government for

which they were made. Therefore, the

ICC regulations to implement the

quotation filing requirement, which

were codified in part 1330 at 43 FR

59844 (December 22, 1978),2 have been

rendered obsolete. Because the statutory

basis for the part 1330 regulations has

been removed, we are eliminating those

rules.

Because this action merely reflects,

and is required by, the enactment of the

ICCTA and will not have an adverse

effect on the interests of any person, this

action will be deemed to be effective as

of January 1, 1996.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1330

Freight, Government procurement,

Motor carriers, Moving of household

goods, Pipelines, Railroads.

Decided: May 2, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

PART 1330—[REMOVED]

For the reasons set forth in the

preamble and under the authority of 49

U.S.C. 721(a), title 49, chapter X of the

Code of Federal Regulations is amended

by removing part 1330.

[FR Doc. 96–12280 Filed 5–15–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Restarting the Listing

Program and Final Listing Priority

Guidance

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of listing priority

guidance.

SUMMARY: On March 11, 1996, the Fish

and Wildlife Service (Service) published

a notice in the Federal Register

describing interim guidance for setting

priorities in the listing program and

solicited public comments. The Service

took this action in anticipation of

receiving a limited amount of funds to

resume listing activities. Having

received a limited appropriation of

listing funds for the remainder of fiscal

year 1996, the Service announces final

listing priorities that will govern the

expenditure of the available funds for

the remainder of the fiscal year.

DATES: This guidance takes effect May

16, 1996 and will remain in effect until

September 30, 1996, unless extended by

further notice.

ADDRESSES: Questions about this

guidance should be directed to the

Chief, Division of Endangered Species,

U.S. Fish and Wildlife Service, 1849 C

Street, N.W., Mailstop ARLSQ–452,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: E.

LaVerne Smith, Chief, Division of

Endangered Species, U.S. Fish and

Wildlife Service, 703–358–2171 (see

ADDRESSES section).

SUPPLEMENTARY INFORMATION:

Background

Moratorium and Funding Constraints

Over the past thirteen months, the

Service’s Endangered Species listing

program, which operates under the

authority of section 4 of the Endangered

Species Act (Act) of 1973, as amended

(16 U.S.C. 1531 et seq.), has been

sharply curtailed by a variety of

legislative and funding restrictions.

Public Law 104–6, which took effect

April 10, 1995, rescinded $1.5 million

from the Service’s then-current listing

appropriation of $7.999 million and also

stipulated that the remaining listing

funds could not be used to make final

listing or critical habitat designations.

The net effect of Pub. L. 104–6 has been

that no new species have been added to

the lists of endangered and threatened