Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules 30493 

Commodity Parts per 

million 

Animal feed, nongrass, group 

18 .......................................... 1.0 

Barley, grain ............................. 0.10 

Barley, hay ................................ 0.50 

Barley, straw ............................. 0.50 

Buckwheat, grain ...................... 0.10 

Millet, forage ............................. 0.50 

Millet, grain ............................... 0.10 

Millet, hay ................................. 0.50 

Millet, straw ............................... 0.50 

Oat, forage ................................ 0.50 

Oat, grain .................................. 0.10 

Oat, hay .................................... 0.50 

Oat, straw ................................. 0.50 

Rice, grain ................................ 0.10 

Rye, forage ............................... 0.50 

Rye, grain ................................. 0.10 

Rye, straw ................................. 0.50 

Wheat, forage ........................... 0.50 

Wheat, grain ............................. 0.10 

Wheat, hay ............................... 0.50 

Wheat, straw ............................. 0.50 

* * * * * 

4. Section 180.511 is amended by 

removing the entry for ‘‘Guave’’ and 

adding the following commodity to the 

table in paragraph (a) to read as follows: 

§ 180.511 Buprofezin; tolerances for 

residues. 

(a) General. * * * 

Commodity Parts per 

million 

Guava ....................................... 0.3 

* * * * * 

5. Section 180.572 is amended by 

removing the entry for ‘‘Guave’’ and 

adding the following commodity to the 

table in paragraph (a) to read as follows: 

§ 180.572 Bifenazate; tolerances for 

residues. 

(a) General. * * * 

Commodity Parts per 

million 

Guava ....................................... 0.9 

* * * * * 

[FR Doc. E9–15139 Filed 6–25–09; 8:45 am] 

BILLING CODE 6560–50–S 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–39 

[FMR Case 2009–102–3; Docket No. 2009– 

0002, Sequence 3] 

RIN 3090–AI92 

Federal Management Regulation; 

Replacement of Personal Property 

Pursuant to the Exchange/Sale 

Authority 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the Federal Management 

Regulation (FMR) by making changes to 

its policy on the replacement of 

personal property pursuant to the 

exchange/sale authority. 

DATES: Interested parties should submit 

comments in writing on or before July 

27, 2009 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FMR case 2009–102–3 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FMR Case 2009–102–3’’ 

under the heading ‘‘Search Documents’’. 

Select the link ‘‘Send a Comment or 

Submission’’ that corresponds with 

FMR Case 2009–102–3. Follow the 

instructions provided to complete the 

‘‘Public Comment and Submission 

Form’’. Please include your name, 

company name (if any), and ‘‘FMR Case 

2009–102–3’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

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

ATTN: Hada Flowers, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FMR Case 2009–102–3 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. 

Robert Holcombe, Office of 

Governmentwide Policy, Office of 

Travel, Transportation, and Asset 

Management (MT), (202) 501–3838 or 

e-mail at robert.holcombe@gsa.gov. For 

information pertaining to status or 

publication schedules contact the 

Regulatory Secretariat, 1800 F Street, 

NW., Room 4041, Washington, DC 

20405, (202) 501–4755. Please cite FMR 

Case 2009–102–3. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed rule would remove the 

exchange/sale prohibition on aircraft 

and airframe structural components, 

subject to certain conditions. These 

commodities have been included on the 

list of properties normally ineligible for 

exchange/sale so that the acquisition 

and disposal of these commodities 

could be managed more closely. To 

conduct an exchange/sale of such 

commodities (which is encouraged to 

reduce the agency costs of managing 

their aircraft fleets), agencies have been 

required to submit deviation requests 

for approval by GSA. Adequate tools are 

now available for managing these assets 

without going through the timeconsuming and onerous deviation 

process. Further, removing these 

commodities from the ‘‘prohibited list’’ 

should not have a detrimental impact on 

the donation of such property. Finally, 

although agencies would no longer need 

to request deviations from GSA, a 

provision would be added to alert 

agencies that they must comply with the 

restrictions and limitations on the 

disposal of aircraft and aircraft parts 

contained in 41 CFR part 102–33. 

This proposed rule would also 

remove the prohibition on using scrap 

in an exchange/sale transaction when 

the property has utility and value at the 

time an exchange/sale determination is 

made. This clarification would address 

situations where the dismantling or 

removal of property may render the 

property as ‘‘scrap’’, but where 

replacement of similar property is still 

required. 

Finally, this proposed rule would 

make a clerical correction to § 102– 

39.80 to clarify that the time limit 

restriction on use of exchange/sale 

exchange allowances is the same as the 

restriction for use of exchange/sale sales 

proceeds. 

B. Executive Order 12866 

This proposed rule is excepted from 

the definition of ‘‘regulation’’ or ‘‘rule’’ 

under Section 3(d)(3) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993 and, 

therefore, was not subject to review 

under Section 6(b) of that executive 

order. 

C. Regulatory Flexibility Act 

This proposed rule is not required to 

be published in the Federal Register for 

comment. Therefore, the Regulatory 

30494 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules 

Flexibility Act does not apply. However, 

this proposed rule is being published in 

order to elicit comments and to provide 

transparency in the promulgation of 

federal policies. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FMR 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. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This proposed rule is exempt from 

Congressional review under 5 U.S.C. 

801 since it relates solely to agency 

management and personnel. 

List of Subjects in 41 CFR Part 102–39 

Government property management 

and Personal property. 

Dated: May 26, 2009. 

Stan Kaczmarczyk, 

Acting Associate Administrator, Office of 

Governmentwide Policy. 

For the reasons set forth in the 

preamble, GSA proposes to amend 41 

CFR part 102–39 as set forth below: 

PART 102–39—REPLACEMENT OF 

PERSONAL PROPERTY PURSUANT 

TO THE EXCHANGE/SALE AUTHORITY 

1. The authority citation for 41 CFR 

part 102–39 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 40 U.S.C. 503. 

2. Amend § 102–39.60— 

a. In paragraph (a) by removing the 

fifth entry ‘‘15 Aircraft and airframe 

structural components (except FSC 

Class 1560 Airframe Structural 

Components).’’; 

b. Revising paragraph (e); and 

c. Adding paragraph (m). 

The revision and addition read as 

follows: 

§ 102–39.60 What restrictions and 

prohibitions apply to the exchange/sale of 

personal property? 

* * * * * 

(e) Property with a condition code of 

scrap, as defined at FMR 102–36.40, 

except: 

(1) Property that has utility and value 

at the point in time when a 

determination is made to use the 

exchange/sale authority; or 

(2) Scrap gold for fine gold. 

* * * * * 

(m) Aircraft and aircraft parts, unless 

there is full compliance with all aircraft 

and aircraft parts restrictions and 

limitations in FMR part 102–33 (41 CFR 

part 102–33). 

§ 102–39.80 [Amended] 

3. Amend § 102–39.80, second 

sentence, by adding ‘‘exchanged or’’ 

before ‘‘sold’’. 

[FR Doc. E9–15157 Filed 6–25–09; 8:45 am] 

BILLING CODE 6820–14–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 704, 713, 714, 715, 744, 

and 752 

RIN 0412–AA63 

Partner Vetting in USAID Acquisitions 

AGENCY: United States Agency for 

International Development. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) is 

considering implementation of a Partner 

Vetting System for USAID assistance 

and acquisition awards. The purpose of 

the Partner Vetting System is to help 

ensure that USAID funds and other 

resources do not inadvertently benefit 

individuals or entities that are terrorists, 

supporters of terrorists or affiliated with 

terrorists, while also minimizing the 

impact on USAID programs and its 

implementing partners. In order to 

apply the Partner Vetting System to 

USAID acquisitions, USAID is 

proposing to amend 48 CFR Chapter 7. 

The agency will not apply the Partner 

Vetting System to USAID acquisitions 

until after review of the public 

comments submitted under this 

proposed rule and promulgation of a 

final rule by USAID. 

DATES: Submit comments on or before 

August 25, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN number 0412–AA63, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AIDARPartnerVetting@usaid.gov. 

Include RIN number 0412–AA63 in the 

subject line of the message. 

• Fax: 202–216–3135. 

• Mail: U.S. Agency for International 

Development, Office of Acquisition & 

Assistance, Policy Division, 1300 

Pennsylvania Avenue, NW., Room 7.9– 

8, Washington, DC 20523–0001. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. All comments received will 

be included in the public docket 

without change and will be made 

available online at http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Norling, Telephone: 202–712– 

1807, E-mail: 

AIDARPartnerVetting@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

Public Participation: USAID 

welcomes all comments on this 

proposed rule, but would most 

particularly appreciate comments 

addressing the proposed process for 

separating source selection from vetting. 

Additionally, we would appreciate 

comments on the proposed timing for 

vetting. 

Because security screening 

precautions have slowed the delivery 

and dependability of surface mail and 

hand delivery to USAID/Washington, 

USAID recommends sending all 

comments to the Federal eRulemaking 

Portal. The e-mail address and fax 

number listed above are provided in the 

event that submission to the Federal 

eRulemaking Portal is not convenient 

(all comments must be in writing to be 

reviewed). You may submit comments 

by electronic mail, avoiding the use of 

any special characters and any form of 

encryption. 

A. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, USAID established 

a new system of records (see 72 FR 

39042), entitled the ‘‘Partner Vetting 

System’’ (PVS) to support the vetting of 

key individuals of non-governmental 

organizations (NGOs) who apply for 

USAID contracts, grants, cooperative 

agreements, or other funding and of 

NGOs who apply for registrations with 

USAID as Private and Voluntary 

Organizations. In January 2009, USAID 

published a final rule (74 FR 9) to add 

PVS to its Privacy Act regulation, 22 

CFR 215, and to exempt portions of this 

system of records from one or more 

provisions of the Privacy Act. The 

supplementary information to this final 

rule provided a comprehensive 

discussion of the legal basis for partner 

vetting. 

The effective date for the PVS Privacy 

Act final rule has been extended three 

times, most recently on May 4, 2009 (see 

74 FR 20871) and at this time, USAID