Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57719 

did not find that any conditions or 

criteria listed in § 1307.3 were met by 

the agency’s program in the period 

established in paragraphs (c)(1)(i) or (ii) 

of this section. 

(3) Except as provided in § 1307.6, at 

least six months before the expiration 

date of a Head Start or Early Head Start 

agency’s then current grant, ACF shall 

give written notice by certified mail 

return receipt requested, or other system 

that establishes the date of receipt of the 

notice by the addressee, either stating: 

(i) The Head Start or Early Head Start 

agency will be required to compete for 

funding for an additional five-year 

period because ACF finds that one or 

more conditions or criteria listed in 

§ 1307.3 were met by the agency’s 

program during the period established 

under paragraphs (c)(1)(i) or (ii) of this 

section identifying the conditions or 

criteria ACF found, and summarizing 

the basis for the finding; or 

(ii) That such agency has been 

determined on a final basis to be eligible 

for renewed funding for five years 

without competition because ACF did 

not find that any conditions or criteria 

listed in § 1307.3 existed in the agency’s 

program during the period established 

under paragraphs (c)(1)(i) or (ii) of this 

section. The letter will include 

instructions on the information it must 

provide to the designated ACF official 

in order to receive funding. 

§ 1307.8 Use of CLASS: Pre-K Instrument 

in the Designation Review System. 

Except when all children are served 

in a single classroom, ACF will conduct 

multiple class observations and rate the 

conduct of the classes observed using 

the CLASS: Pre-K instrument. When the 

grantee serves the children in its 

program in a single class, that class will 

be observed and rated using the CLASS: 

Pre-K instrument. The domain scores for 

that class will be the domain scores for 

the grantee for that observation. After 

the observation is completed, ACF will 

report to the grantee the scores of the 

classes observed during the CLASS: PreK observation in each of the domains 

covered by the CLASS: Pre-K 

instrument. ACF will average the scores 

on each domain for all classrooms 

assessed during a CLASS: Pre-K 

observation to determine the grantee’s 

score in each domain. As provided in 

§ 1307.3(b)(3), an agency that has been 

determined by ACF to have a score of 

one, on one or more domains, during 

the transition period or a score below 

three, on one or more domains, for the 

period after the close of the transition 

period on each of the two most recent 

CLASS: Pre-K observations in the time 

period covered by an ACF decision 

under § 1307.7 will be required to 

compete for designation renewal. As 

provided under § 1307.3(b)(3), the 

CLASS: Pre-K condition will apply to 

CLASS: Pre-K observations in DRS 

reviews under § 1307.7(c) that take 

place after the effective date of this part 

and during the third-year of the 

transition period. 

[FR Doc. 2010–23583 Filed 9–21–10; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 52 

[FAR Case 2009–034; Docket 2010–0098; 

Sequence 1] 

RIN: 9000–AL73 

Federal Acquisition Regulation; TINA 

Interest Calculations 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council (the 

Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

revise the clauses at FAR 52.214–27, 

52.215–10 and 52.215–11 to require 

compound interest calculations be 

applied to Government overpayments as 

a result of defective cost or pricing data. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before November 22, 

2010 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAR Case 2009–034 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2009–034’’ under 

the heading ‘‘Enter Keyword or ID’’ and 

selecting ‘‘Search’’. Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘FAR Case 2009–034’’. Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and ‘‘FAR 

Case 2009–034’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR Case 2009–034, 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. 

Edward Chambers, Procurement 

Analyst, at (202) 501–3221 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAR case 2009–034. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On September 14, 2009, the U.S. 

Court of Appeals for the Federal Circuit 

(CAFC) issued a decision regarding the 

method of interest calculation on Cost 

Accounting Standards (CAS) cost 

impacts (See GATES v. Raytheon Co., 

584 F.3d 1062 (Fed. Cir. 2009)). The 

interest on CAS cost impacts is set by 

reference in the enabling statute to 26 

U.S.C. 6621. The CAFC ruled that the 

citation led to calculation of the interest 

using daily compounding. The Truth in 

Negotiation Act (TINA) also references 

26 U.S.C. 6621 for interest calculation. 

This proposed rule replaces the term 

‘‘simple interest’’ as the requirement for 

calculating interest for TINA cost 

impacts with the phrase ‘‘Interest 

compounded daily as required by 26 

U.S.C. 6622.’’ Thus, compound interest 

calculations will be applied to 

Government overpayments as a result of 

defective cost or pricing data. 

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 Councils do 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 

rule merely clarifies the statutory 

method for calculating interest in the 

rare instances when a contractor is 

found to be in violation of TINA. Since 

TINA requirements generally do not 

apply to contracts with small entities, 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
57720 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 

and since the numbers of contractors 

found to have submitted defective cost 

or pricing data are a minute subset of 

contractors to whom TINA applies, the 

rule is not expected to apply to a 

substantial number of small entities. 

Furthermore, the differential in interest 

computing methods is not expected to 

amount to a significant economic 

impact. An Initial Regulatory Flexibility 

Analysis has, therefore, not been 

performed. We invite comments from 

small businesses and other interested 

parties. The Councils will consider 

comments from small entities 

concerning the affected FAR Part 52 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. (FAR case 2009–034), in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Part 52 

Government procurement. 

Dated: September 15, 2010. 

Edward Loeb, 

Director, Acquisition Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR part 52 as set 

forth below: 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

1. The authority citation for 48 CFR 

part 52 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

2. Amend section 52.214–27 by— 

a. Revising the date of the clause; and 

b. Removing from paragraph (e)(1) 

‘‘Simple interest’’ and adding ‘‘Interest 

compounded daily, as required by 26 

U.S.C. 6622,’’ in its place. 

The revised text reads as follows: 

52.214–27 Price Reduction for Defective 

Cost or Pricing Data—Modifications— 

Sealed Bidding. 

* * * * * 

Price Reduction for Defective Cost or 

Pricing Data—Modifications—Sealed 

Bidding (Date) 

* * * * * 

3. Amend section 52.215–10 by— 

a. Revising the date of the clause; and 

b. Removing from paragraph (d)(1) 

‘‘Simple interest’’ and adding ‘‘Interest 

compounded daily, as required by 26 

U.S.C. 6622,’’ in its place. 

The revised text reads as follows: 

52.215–10 Price Reduction for Defective 

Cost or Pricing Data. 

* * * * * 

Price Reduction for Defective Cost or 

Pricing Data (Date) 

* * * * * 

4. Amend section 52.215–11 by— 

a. Revising the date of the clause; and 

b. Removing from paragraph (e)(1) 

‘‘Simple interest’’ and adding ‘‘Interest 

compounded daily, as required by 26 

U.S.C. 6622,’’ in its place. 

The revised text reads as follows: 

52.215—11 Price Reduction for Defective 

Cost or Pricing Data—Modifications. 

* * * * * 

Price Reduction for Defective Cost or 

Pricing Data-Modifications (Date) 

* * * * * 

[FR Doc. 2010–23589 Filed 9–21–10; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket number FWS-R4-ES-2010-0051] 

[MO 92210-0-0008-B2] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition to List Agave eggersiana (no 

common name) as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12–month petition 

finding. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce a 12–month 

finding on a petition to list the plant 

Agave eggersiana (no common name) as 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

After review of all available scientific 

and commercial information, we find 

that listing A. eggersiana is warranted. 

Currently, however, listing A. 

eggersiana is precluded by higher 

priority actions to amend the Lists of 

Endangered and Threatened Wildlife 

and Plants. Upon publication of this 12- 

month petition finding, we will add A. 

eggersiana to our candidate species list. 

We will develop a proposed rule to list 

A. eggersiana as our priorities allow. We 

will make any determination on critical 

habitat during development of the 

proposed listing rule. In any interim 

period the status of the candidate taxon 

will be addressed through our annual 

Candidate Notice of Review (CNOR). 

DATES: The finding announced in this 

document was made on September 22, 

2010. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov at Docket Number 

[FWS-R4-ES-2010-0051]. Supporting 

documentation we used in preparing 

this finding is available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, Caribbean 

Ecological Services Field Office, Road 

301, Km. 5.1, Boquero ́n, Puerto Rico 

00622. Please submit any new 

information, materials, comments, or 

questions concerning this species or this 

finding to the above internet address or 

the mailing address listed under FOR

FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Marelisa Rivera, Assistant Field 

Supervisor, Caribbean Ecological 

Services Field Office, P.O. Box 491, 

Boquero ́n, Puerto Rico 00622; by 

telephone at (787) 851-7297; or by 

facsimile at (787) 851-7440. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 800- 

877-8339. 

Background 

Section 4(b)(3)(A) of the Act (16 

U.S.C. 1531 et seq.) requires that, for 

any petition to revise the Federal Lists 

of Threatened and Endangered Wildlife 

and Plants that contains substantial 

scientific or commercial information 

that listing a species may be warranted, 

we make a finding within 12 months of 

the date of receipt of the petition. In this 

finding, we determine whether the 

petitioned action is: (a) Not warranted, 

(b) warranted, or (c) warranted, but 

immediate proposal of a regulation 

implementing the petitioned action is 

precluded by other pending proposals to 

determine whether species are 

threatened or endangered, and 

expeditious progress is being made to 

add or remove qualified species from 

the Federal Lists of Endangered and 

Threatened Wildlife and Plants. Section 

4(b)(3)(C) of the Act requires that we 

treat a petition for which the requested 

action is found to be warranted but 

precluded as though resubmitted on the 

date of such finding, that is, requiring a 

subsequent finding to be made within 

12 months. We must publish these 12– 

month findings in the Federal Register. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1