Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Proposed Rules 45679 

TABLE 7—TO SUBPART FFFF OF PART 63—REQUIREMENTS FOR WASTEWATER STREAMS AND LIQUID STREAMS IN OPEN

SYSTEMS WITHIN AN MCPU—Continued 

* * * * * * * 

For each . . . You must . . . 

* * * * * * * 

3. Liquid streams in an open system within an MCPU ..... Comply with the requirements in § 63.149 and the requirements referenced therein, 

except as specified in § 63.2485. You may comply with the requirements in 

§ 63.133(b)(1)(ii) for tanks. 

[FR Doc. E8–18142 Filed 8–5–08; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1804 and 1852 

RIN 2700–AD38 

Personal Identity Verification of 

Contractors 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: NASA proposes to revise the 

NASA FAR Supplement (NFS) to 

update procedures for compliance with 

Federal Acquisition Regulation (FAR) 

Subpart 4.13, Personal Identity 

Verification of Contractor Personnel. 

FAR 4.13 requires that agencies include 

their implementing guidance of FIPS 

201 and OMB guidance M–05–24 in 

solicitations and contracts that require 

the contractor to have routine physical 

access to Federally-controlled facilities 

and/or access to Federally-controlled 

information systems. NASA further 

proposes to designate The Assistant 

Administrator, Office of Security and 

Program Protection as the official with 

overall responsibility for verifying 

contractor employee personal identity. 

DATES: Comments should be submitted 

on or before October 6, 2008 to be 

considered in formulation of the final 

rule. 

ADDRESSES: Interested parties may 

submit comments, identified by RIN 

number 2700–AD38, via the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments may also be submitted to 

Leigh Pomponio, NASA Headquarters, 

Office of Procurement, Contract 

Management Division, Washington, DC 

20546. Comments may also be 

submitted by e-mail to Leigh.Pomponio1@nasa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Leigh Pomponio, NASA, Office of 

Procurement, Contract Management 

Division (Room 5K75); (202) 358–4773; 

e-mail: Leigh.Pomponio-1@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Federal Acquisition Circular (FAC 

2005–14) implemented a final rule 

amending the FAR by addressing the 

contractor personal identification 

requirements in Homeland Security 

Presidential Directive (HSPD–12), 

‘‘Policy for a Common Identification 

Standard for Federal Employees and 

Contractors,’’ and Federal Information 

Processing Standards Publication (FIPS 

PUB) Number 201, ‘‘Personal Identity 

Verification (PIV) of Federal Employees 

and Contractors.’’ Section 304(A) of the 

National Aeronautics and Space Act of 

1958, 42 U.S.C., Section 2455, provides 

that the NASA Administrator shall 

establish such security requirements, 

restrictions, and safeguards as he deems 

necessary, and he may arrange for such 

personnel investigations of contractor 

and subcontractor employees as he 

deems appropriate. NASA’s 

implementing guidance, to be used in 

conjunction with FAR clause 52.204–9, 

Personal Identity Verification of 

Contractor Personnel, is set forth in 

NASA Interim Directive (NID) Personal 

Identity Verification (PIV) Policy and 

Procedures, dated May 24, 2007, to 

NASA Policy Regulation (NPR)–1600.1, 

NASA Security Program Procedural 

Requirements w/Change 1. The purpose 

of this proposed rule is to establish a 

new NFS Subpart 1804.13 to address 

NASA PIV requirements. 

This is not a significant regulatory 

action and, therefore, is not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

proposed rule is not a major rule under 

5 U.S.C. 804. 

B. Regulatory Flexibility Act 

NASA certifies that this proposed rule 

will not 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 it merely implements 

the FAR Common Identification 

Standard for Contractors and does not 

impose an economic impact beyond that 

addressed in the FAC 2005–14 

publication of the FAR final rule. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 104–13) is not applicable because the 

NFS changes do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

List of Subjects in 48 CFR Parts 1804 

and 1852 

Government procurement. 

William P. McNally, 

Assistant Administrator for Procurement. 

Accordingly, 48 CFR parts 1804 and 

1852 are proposed to be amended as 

follows: 

1. The authority citation for 48 CFR 

parts 1804 and 1852 continues to read 

as follows: 

Authority: 42 U.S.C. 2455(a), 2473(c)(1). 

PART 1804—ADMINISTRATIVE 

MATTERS 

2. Subpart 1804.13 is added to read as 

follows: 

Subpart 1804.13—Personal Identity 

Verification of Contractor Personnel 

Sec. 

1804.1303 Contract clause. 

1804.1303–70 NASA contract clause. 

The contracting officer shall insert the 

clause at 1852.204–77, NASA 

Procedures for Personal Identity 

Verification of Contractor Personnel, in 

solicitations and contracts when the 

Center Chief of Security has determined 

that a contractor will require routine 

access to Federally-controlled facilities 

or access to Federally-controlled 

information systems. The Center Chief 

shall make such a determination, on a 

case-by-case basis, as part of acquisition 

planning. Section 1807.104(a) requires 

the contracting officer to coordinate new 

requirements with the security office 

and cites NASA NPR 1600.1, NASA 

Security Program Procedural 

Requirements, as the procedural 

document for identifying and processing 


yshivers on PROD1PC62 with PROPOSALS
45680 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Proposed Rules 

contractor employees requiring personal 

identity verification. Clause 1852.204–

77 will be used in conjunction with the 

clause at FAR 52.204–9 Personal 

Identity Verification of Contractor 

Personnel. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

3. Section 1852.204–77 is added to 

read as follows: 

1852.204–77 NASA Procedures for 

Personal Identity Verification of 

Contractor Personnel. 

As prescribed in 1804.1303–70, insert 

the following clause: 

NASA PROCEDURES FOR 

PERSONAL IDENTITY VERIFICATION 

OF CONTRACTOR PERSONNEL (XX/ 

XX) 

(a) Performance of this contract requires 

physical access to Federally-controlled 

facilities and/or access to Federallycontrolled information systems, as 

determined by NASA. In accordance with 

FAR 52.204–9, Personal Identity Verification 

of Contractor Personnel, the Contractor shall 

comply with NASA Policy Regulation 

1600.1, NASA Security Program Procedural 

Requirements, including all associated 

changes and interim directives (referred to 

hereafter as ‘‘the NPR’’). Electronic copies are 

available at http://nodis.hq.nasa.gov or from 

the Contracting Officer. NPR 1600.1 

implements Homeland Security Presidential 

Directive 12 (HSPD–12), Office of 

Management and Budget (OMB) guidance M–

05–24, as amended, and Federal Information 

Processing Standards Publication (FIPS PUB) 

Number 201, as amended. 

(b) The Contractor must apply for NASA 

badges for all employees and subcontractor 

employees at any tier requiring physical 

access to NASA facilities and/or access to 

Federally-controlled information systems, 

following the procedures set forth in the 

NPR. The Contractor is responsible for 

collecting and submitting all requests for 

subcontractor badges, regardless of 

subcontract tier. If approved by the Center 

Chief of Security, badges will be issued for 

no longer than the contract period of 

performance inclusive of options, but not to 

exceed 5 years. Badge renewal will be 

required for additional periods. All personnel 

issued badges must conspicuously display 

the badge above the waistline on the 

outermost garment, and must comply with all 

requirements applicable to badges in effect at 

the Center. 

(c) NASA will make suitability/access 

determinations and the Center Chief of 

Security or the PIV Authorizer, in accordance 

with NPR 1600.1, Section 6.2, will approve 

the issuance of badges based upon a 

background investigation. Criteria for access 

will be per 5 CFR part 731. At a minimum, 

a National Agency Check with Written 

Inquiries (NACI) will be required. The NPR 

also specifies higher level reinvestigation 

requirements which may be applicable, for 

example due to position risk level changes or 

time since last investigation. 

(d) Other employees who may require 

access on a non-routine or infrequent basis 

are to be identified by the Contractor for 

approval and registered on an access list 

under the control of the Center security 

office, as set forth in Center procedures. 

(e) Prior to the initiation of contract 

performance, the Contractor must designate a 

person responsible for determining that an 

employee (or an employee of a subcontractor 

at any tier) requires physical access to NASAcontrolled facilities and/or access to 

federally-controlled information systems in 

order to perform work under the contract. 

This designated person acts as the 

Contractor’s ‘‘Requestor.’’ The Contractor’s 

Requestor will also be responsible for 

providing updated information as changes 

occur during the period of contract 

performance (e.g., additions, deletions, and 

position risk changes), and for managing all 

subcontractor requests. The Contractor’s 

Requestor shall provide a list of names, along 

with their position titles and position 

description summaries to the following 

Center point of contact to initiate the 

personal identity verification credential 

process. This information shall be submitted 

in sufficient time to allow badge issuance 

before the employee requires access to the 

NASA-controlled facility or access to the 

federally-controlled information system. 

Additional information will be required 

subsequent to the initial list, as directed by 

the Center Chief of Security. 

(Insert Center point of contact) 

(f) The Contractor shall include the terms 

of this clause (except for paragraph (e)), 

suitably modified to identify the parties, in 

all subcontracts when the subcontractor is 

required to have routine physical access to 

Federally-controlled facilities and/or access 

to federally-controlled information systems. 

The clause shall not be used when 

contractors require only intermittent access 

to federally-controlled facilities. 

(End of clause) 

[FR Doc. E8–17951 Filed 8–5–08; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R1–ES–2007–0024; 92220–1113–

0000–C6] 

RIN 1018–AU96 

Endangered and Threatened Wildlife 

and Plants; Withdrawal of Proposed 

Reclassification of the Hawaiian Hawk 

or Io (Buteo solitarius) From 

Endangered to Threatened; Proposed 

Rule To Remove the Hawaiian Hawk 

From the Federal List of Endangered 

and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Withdrawal of proposed rule; 

proposed rule. 

SUMMARY: Under the authority of the 

Endangered Species Act of 1973, as 

amended (Act), we, the U.S. Fish and 

Wildlife Service (Service), withdraw our 

1993 proposed reclassification of the 

Hawaiian hawk or io (Buteo solitarius) 

from endangered to threatened, and 

propose to remove the Hawaiian hawk 

from the Federal List of Endangered and 

Threatened Wildlife (List). These 

actions are based on a thorough review 

of the best available scientific data, 

which indicates that range-wide 

population estimates have been stable 

for at least 20 years, and the species has 

recovered and is not likely to become an 

endangered species in the foreseeable 

future throughout all or a significant 

portion of its range. The proposed rule, 

if made final, would remove the 

Hawaiian hawk from the List, thereby 

removing all protections provided by 

the Act. 

DATES: Comments on the proposed 

delisting rule must be received by 

October 6, 2008. Public hearing requests 

must be received by September 22, 

2008. 

ADDRESSES: You may submit comments 

by one 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: RIN 1018–

AU96; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, Suite 

222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Patrick Leonard, Field Supervisor, 

Pacific Islands Fish and Wildlife Office, 

P.O. Box 50088, Honolulu, HI 96850; 

(telephone 808/792–9400). Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 800/ 

877–8339, 24 hours a day, 7 days a 

week. 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

Our intent is to use the best available 

commercial and scientific data as the 

foundation for all endangered and 

threatened species classification 

decisions. Comments or suggestions 

from the public, other concerned 


yshivers on PROD1PC62 with PROPOSALS