45194 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm). 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy. 

You may view and copy Mississippi’s 

application at the EPA, Region 4, RCRA 

Division, The Sam Nunn Atlanta 

Federal Center, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

You may also view and copy 

Mississippi’s application from 8 a.m. to 

4:30 p.m. at The Mississippi Department 

of Environmental Quality, Hazardous 

Waste Division, 101 W. Capital, Suite 

100, Jackson, Mississippi 39201. 

FOR FURTHER INFORMATION CONTACT: Otis 

Johnson, Permits and State Programs 

Section, RCRA Programs and Materials 

Management Branch, RCRA Division, 

U.S. Environmental Protection Agency, 

The Sam Nunn Federal Center, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–8960; (404) 562–8481 fax 

number: (404) 562–9964; e-mail address: 

johnson.otis @epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: June 16, 2008. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4. 

[FR Doc. E8–17712 Filed 8–1–08; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 503 and 552 

[GSAR Case 2008–G502; Docket 2008–0007; 

Sequence 12] 

RIN 3090–AI63 

General Services Acquisition 

Regulation; GSAR Case 2008–

G502;Improper Personal Conflicts of 

Interest 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise language 

regarding requirements for improper 

business practices and personal 

conflicts of interest. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before October 3, 2008 

to be considered in the formulation of 

a final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2008–G502 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov.Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘GSAR Case 2008–G502’’

under the heading ‘‘Comment or 

Submission’’. Select the link ‘‘Send a 

Comment or Submission’’ that 

corresponds with GSAR Case 2008–

G502. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR Case 2008–G502’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW, Room 4041, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2008–G502 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. 

Ernest Woodson at (202) 501–3775, or 

by e-mail at ernest.woodson@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 2008–G502. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The General Services Administration 

(GSA) is amending the General Services 

Administration Acquisition Regulation 

(GSAR) to update the text addressing 

GSAR Part 503, Improper Business 

Practices and Personal Conflicts of 

Interest; Subpart 503.1, Safeguards; 

Subpart 503.2, Contractor Gratuities to 

Government Personnel; Subpart 503.4, 

Contingent Fees; Subpart 503.5, Other 

Improper Business Practices; Subpart 

503.7, Voiding and Rescinding 

Contracts; and Subpart 503.10, 

Contractor Code of Business Ethnics and 

Conduct. 

This rule is a result of the General 

Services Administration Acquisition 

Manual (GSAM) Rewrite initiative. The 

initiative was 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 acquisition personnel 

can use when entering into and 

administering contractual relationships. 

The GSAM incorporates the General 

Services Administration Acquisition 

Regulation (GSAR) as well as internal 

agency acquisition policy. 

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 rule covers the rewrite of the 

regulatory portion of Part 503. The rule 

revises GSAR Subpart 503.1, 

Safeguards, to delete 503.104–1, 

Definitions, and 503.104–9, Contracts 

clauses, to ensure consistency with the 

GSAM that provides that the acquisition 

of leasehold interests in real property is 

established by GSAM Part 570; Subpart 

503.2, Contractor Gratuities to 

Government Personnel, to revise 

503.204(a)(2) to delete the term ‘‘joint 

venture’’ to ensure grammatical and 

structural clarity; to delete from 

503.204(c) the reference to the Chairman 

of the GSA Board of Contract Appeals 

which no longer exists, and revise 

503.204(f); to ensure consistency with 

FAR 3.204(f), Subpart 503.4, 

Contingents Fees, to delete 503.404, 

Contract clause, to ensure consistency 

with the GSAM that provides that the 

acquisition of leasehold interests in real 

property is established by GSAM Part 

570; Subpart 503.5, Other Improper 

Business Practices, to revise 503.570–1, 

Policy, to delete the term ‘‘referring’’

and add ‘‘making references’’ for clarity; 

Subpart 503.7, Voiding and Rescinding 


ebenthall on PRODPC60 with PROPOSALS
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 45195 

Contracts, to revise 503.702 to delete the 

definition for ‘‘Notice’’ and ‘‘Voiding 

and rescinding official’’ as the terms do 

not require definition; to add a new 

section 503.703, Authority, to identify 

the Senior Procurement Executive as 

having the authority to void and rescind 

contracts pursuant to FAR 3.703 and 

3.705(b); to relocate 503.705 from the 

GSAR to the manual part of the GSAM 

because it relates to internal 

administrative procedures; to add a new 

Subpart 503.10, Contractor Code of 

Business Ethics and Conduct, to 

establish a lower threshold for the 

inclusion of FAR 52.203–14, Display of 

Hotline Poster(s), at 503.1004(a) and 

include the name of the poster and 

where the poster may be obtained at 

503.1004(b)(i) and (ii) pursuant to FAR 

52.203.14(b)(3); to delete GSAR 

552.203–5, Covenant Against 

Contingent Fees, to ensure consistency 

with the GSAM that provides that the 

acquisition of leasehold interests in real 

property is established by GSAM Part 

570; and to delete GSAR 552.203, Price 

Adjustment for Illegal or Improper 

Activity, to ensure consistency with the 

GSAM requirements that leasehold 

interests in real property is established 

by GSAM Part 570. 

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 General Services Administration 

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 the revisions are not considered 

substantive. The revisions only update 

the GSAR and reorganize existing 

coverage. An Initial Regulatory 

Flexibility Analysis has, therefore, not 

been performed. We invite comments 

from small businesses and other 

interested parties. GSA will consider 

comments from small entities 

concerning the affected GSAR Parts 503 

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 2008–

G502), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the GSAM 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 503 and 

552 

Government procurement. 

Dated: July 28, 2008 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, GSA proposes to amend 48 

CFR parts 503 and 552 as set forth 

below: 

PART 503—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

1. The authority citation for 48 CFR 

part 503 is revised to read as follows: 

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

503.104–3 and 503–104–9 [Removed] 

2. Remove sections 503.104–3 and 

503.104–9. 

3. Amend section 503.204 by—

a. Removing from paragraph (a)(2) ‘‘or 

joint venture’’; 

b. Removing from paragraph (c) 

‘‘designated by the Chairman of the GSA 

Board of Contract Appeals.’’ and adding 

a period, in its place; and 

c. Revising paragraph (f). 

The revised text reads as follows: 

503.204 Treatment of violations. 

* * * * * 

(f) If the Gratuities clause was 

violated, the contractor may present 

evidence of mitigating factors to the 

Senior Procurement Executive, or 

designee, in accordance with FAR 

3.204(b), either orally or in writing, 

consistent with a schedule the Senior 

Procurement Executive, or designee, 

establishes. The Senior Procurement 

Executive, or designee, exercises the 

Government’s rights under FAR 3.204(c) 

only after considering mitigating factors. 

503.404 [Removed] 

4. Remove section 503.404. 

503.570–1 [Amended] 

5. Amend section 503.570–1 by 

removing ‘‘referring’’ and adding 

‘‘making references’’ in its place. 

503.702 [Removed] 

6. Remove section 503.702. 

503.703 [Added] 

7. Add section 503.703 to read as 

follows: 

503.703 Authority. 

Pursuant to FAR 3.703 and 3.705(b), 

the authority to void or rescind 

contracts resides with the Senior 

Procurement Executive. 

8. Add Subpart 503.10 to read as 

follows: 

Subpart 503.10—Contractor Code of 

Business Ethics and Conduct 

503.1004 Contract clauses. 

(a) The FAR threshold for the clause 

at 52.203–14, Display of Hotline 

Poster(s), is $5,000,000. However, GSA 

has exercised the authority provided at 

FAR 3.1004(b)(1)(i) to establish a lower 

threshold, $1,000,000, for inclusion of 

the clause when the contract or order is 

funded with disaster assistance funds. 

(b) The information required to be 

inserted in the clause at FAR 52.203–14, 

Display of Hotline Poster(s), is as 

follows: 

(i) Poster: GSA OIG ‘‘FRAUDNET 

HOTLINE’’; and 

(ii) Obtain from: Contracting Officer. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

9. The authority citation for 48 CFR 

part 552 continues to read as follows: 

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

552.203–5 and 552.203–70 [Removed] 

10. Remove sections 552.203–5 and 

552.203–70. 

[FR Doc. E8–17790 Filed 8–1–08; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 594 

[Docket No. NHTSA 2008–0114; Notice 1] 

RIN 2127–AK33 

Schedule of Fees Authorized by 49 

U.S.C. 30141 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes fees 

for Fiscal Year 2009 and until further 

notice, as authorized by 49 U.S.C. 

30141, relating to the registration of 

importers and the importation of motor 

vehicles not certified as conforming to 

the Federal motor vehicle safety 

standards (FMVSS). These fees are 

needed to maintain the registered 

importer (RI) program. 

DATES: You should submit your 

comments early enough to ensure that 

Docket Management receives them not 

later than September 3, 2008. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 


ebenthall on PRODPC60 with PROPOSALS