Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules 33953 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

merely approves a State rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this rule. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This proposed rule does 

not have Tribal implications, as 

specified in Executive Order 13175. It 

will not have substantial direct effects 

on Tribal governments, on the 

relationship between the Federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this rule. 

EPA specifically solicits additional 

comment on this proposed rule from 

Tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

approves a State rule implementing a 

Federal standard. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 30, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–16642 Filed 7–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 17, 22, 36, and 52 

[FAR Case 2009–005; Docket 2009–0024; 

Sequence 1] 

RIN 9000–AL31 

Federal Acquisition Regulation; FAR 

Case 2009–005, Use of Project Labor 

Agreements for Federal Construction 

Projects 

AGENCY: 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 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

implement Executive Order (E.O.) 

13502, Use of Project Labor Agreements 

for Federal Construction Projects. The 

new E.O. encourages Federal 

departments and agencies to consider 

requiring the use of project labor 

agreements for Federal construction 

projects where the total cost to the 

Government is more than $25 million in 

order to promote economy and 

efficiency in Federal procurement. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before August 13, 2009 

to be considered in the formulation of 

a final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2009–005 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2009–005’’ under 

the heading ‘‘Comment or Submission’’. 

Select the link ‘‘Send a Comment or 

Submission’’ that corresponds with FAR 

Case 2009–005. Follow the instructions 

provided to complete the ‘‘Public 

Comment and Submission Form’’. 

Please include your name, company 

name (if any), and ‘‘FAR Case 2009– 

005’’ 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 FAR case 2009–005 in all 


sroberts on DSKD5P82C1PROD with PROPOSALS
33954 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules 

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, Procurement Analyst, 

at (202) 501–3775. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAR case 2009–005. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On February 6, 2009, the President 

issued E.O. 13502 which encourages 

executive agencies to consider requiring 

the use of project labor agreements in 

connection with large scale construction 

projects in order to promote economy 

and efficiency in Federal procurement. 

The E.O. encourages executive 

departments and agencies to consider 

the use of project labor agreements for 

construction projects where the total 

cost to the Government is valued at $25 

million or more and permits agencies on 

a project-by-project basis to require the 

use of a project labor agreement where 

certain criteria would be met. 

The term ‘‘project labor agreement’’ 

means a pre-hire collective bargaining 

agreement with one or more labor 

organizations that establishes the terms 

and conditions of employment for a 

specific construction project and is an 

agreement described in 29 U.S.C. 158(f). 

The E.O. describes how project labor 

agreements may help agencies manage 

workforce challenges that arise in 

connection with large-scale construction 

projects. For example, large-scale 

construction projects typically involve 

multiple employers at a single location. 

The E.O. explains that a ‘‘lack of 

coordination among various employers, 

or uncertainties about the terms and 

conditions of employment of various 

groups of workers, can create friction 

and disputes in the absence of an 

agreed-upon resolution and 

mechanism’’. The use of project labor 

agreements may ‘‘prevent these 

problems from developing by providing 

structure and stability to large-scale 

construction projects thereby promoting 

the efficient and expeditious completion 

of Federal construction contracts.’’ A 

project labor agreement may help an 

agency manage these problems by 

providing an agreed-upon resolution 

mechanism that promotes the efficient 

and expeditious completion of Federal 

construction projects. 

In accordance with E.O. 13502, this 

proposed rule amends the FAR to— 

• Provide a new FAR Subpart 22.5, 

Use of Project Labor Agreements for 

Federal Construction Projects. 

• Add a new provision at 52.222–XX, 

Notice of Requirement for Project Labor 

Agreement, to be included in 

solicitations where the agency has 

exercised its discretion to require a 

project labor agreement as prescribed at 

FAR 22.505(a). 

• Add a new clause 52.222–YY, 

Project Labor Agreement, to be included 

in contracts in accordance with FAR 

22.505(b). 

The Councils invite comment on the 

process, in which the solicitation 

incorporates the provision providing for 

submission of the project labor 

agreement prior to the contract award 

(i.e., should agencies require this from 

each offeror as part of its bid or only 

from an apparent successful offeror). 

The Councils are also considering 

factors for the contracting officer to 

consider, on a project-by-project basis, 

in determining whether use of a project 

labor agreement will be in the best 

interest of the Government. The 

Councils welcome public comment on 

the factors that should be considered, 

such as the difficulty of coordinating 

multiple contracts in the absence of a 

project labor agreement, the importance 

of timely project completion, etc. 

The Director of the Office of 

Management and Budget (OMB) is 

working with the Secretary of Labor and 

other officials, to provide 

recommendations to the President on 

whether to broaden the application of 

project labor agreements on both 

construction projects awarded under 

Federal contracts and construction 

projects receiving Federal financial 

assistance, to promote the economical, 

efficient, and timely completion of such 

projects. 

This is a significant regulatory action 

and, therefore, was 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 

rationale for this determination is based 

on the discretionary nature of the 

regulation being promulgated and the 

fact that the application of the rule is 

only in connection with large scale 

construction projects over $25 million 

(those that would likely impact large 

businesses). Therefore, an Initial 

Regulatory Flexibility Analysis has not 

been performed. The Councils will 

consider comments from small entities 

concerning the affected FAR Parts 2, 17, 

22, 36, and 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 2009–005), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) addresses the 

collection of information by the Federal 

government from individuals, small 

businesses and state and local 

governments and seeks to minimize the 

burdens such information collection 

requirements might impose. A 

collection of information includes 

providing answers to identical questions 

posed to, or identical reporting or 

record-keeping requirements imposed 

on ten or more persons, other than 

agencies, instrumentalities, or 

employees of the United States. In 

accordance with the requirements of the 

Paperwork Reduction Act, agencies may 

not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number or the number appears in the 

Code of Federal Regulations (see FAR 

1.106). 

The Paperwork Reduction Act (Pub. 

L. 104–13) applies because the proposed 

rule contains information collection 

requirements. Accordingly, the 

Regulatory Secretariat will submit a 

request for approval of a new 

information collection requirement 

concerning FAR Case 2009–005 to the 

OMB under 44 U.S.C. Chapter 35, et seq. 

Pursuant to 44 U.S.C. 3506(c)(2)(B), 

the Councils solicit comments 

concerning: whether these information 

collection requirements are necessary 

for the Government to properly perform 

its functions, including whether the 

information has practical utility; the 

accuracy of the estimates of the burden 

of the information collection 

requirements; the quality, utility, and 

clarity of the information to be 

collected; and whether the burden of 

collecting information on those who are 

to respond, including through the use of 

automated collection techniques or 

other forms of information technology, 

may be minimized. 

The rule will apply to large-scale 

construction projects where the cost to 

the Government is $25 million or more 

and where agencies have determined 

that use of a project labor agreement, in 

accordance with requirements 

prescribed by this rule, will advance the 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules 33955 

Government’s interest in achieving 

economy and efficiency in the resulting 

procurement. Most prime contractors for 

such projects are large business 

concerns. We estimate the annual total 

burden hours as follows: 

Based on Fiscal Year 2008 data 

regarding the types of contracts to 

which this information collection 

applies, it is estimated that there are 

approximately 300 large-scale 

construction contracts (including 

Architectural and Engineering contracts) 

exceeding $25 million that could be 

subject to an agency determination for 

use of project labor agreements. Based 

on advice of labor advisors, 

approximately 10 percent of these types 

of projects may be deemed appropriate 

for a project labor agreement. Therefore, 

it is estimated the information 

collection requirement would apply to 

approximately 30 large-scale 

construction contracts per year. Each 

contract would require one project labor 

agreement submission prior to or after 

award; therefore, the estimated number 

of annual respondents is 30. Project 

labor agreements are often negotiated in 

advance of the solicitation phase for a 

procurement, as the large-scale projects 

are defined. The estimated time for 

reporting of this information is 1 hour 

to cover copying and submitting the 

agreement to the Government. 

We estimate the total annual public 

cost burden for these elements to be 

$900, based on the following: 

Respondents ..................................... 30 

Responses/respondent ..................... × 1 

Responses ......................................... 30 

Hours per response .......................... × 1 

Total hours ............................... 30 

Cost per hour ................................... × $30 

Total annual cost to public ...... $900 

D. Request for Comments Regarding 

Paperwork Burden 

Submit comments, including 

suggestions for reducing this burden, 

not later than August 13, 2009 to: FAR 

Desk Officer, OMB, Room 10102, NEOB, 

Washington, DC 20503, and a copy to 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW, Room 4041, Washington, 

DC 20405. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the FAR, 

and will have practical utility; whether 

our estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

Requester may obtain a copy of the 

justification from the General Services 

Administration, Regulatory Secretariat 

(VPR), Room 4041, Washington, DC 

20405, telephone (202) 501–4755. Please 

cite OMB Control Number 9000–00XX, 

Use of Project Labor Agreements for 

Federal Construction Projects, in all 

correspondence. 

List of Subjects in 48 CFR Parts 2, 17, 

22, 36, and 52 

Government procurement. 

Dated: July 9, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, the Councils propose 

amending 48 CFR parts 2, 17, 22, 36, 

and 52 as set forth below: 

1. The authority citation for 48 CFR 

parts 2, 17, 22, 36, and 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). 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

2.101 [Amended] 

2. Amend section 2.101(b)(2) in the 

third sentence in the definition 

‘‘Construction’’ by removing the words 

‘‘personal property’’ and adding 

‘‘personal property (except that for use 

in Subpart 22.5, see the definition at 

22.502).’’ 

PART 17—SPECIAL CONTRACTING 

METHODS 

3. In section 17.603 revise paragraph 

(c) to read as follows: 

17.603 Limitations. 

* * * * * 

(c) For use of project labor 

agreements, see Subpart 22.5. 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

4. In section 22.101–1 revise 

paragraph (b)(2) to read as follows: 

* * * * * 

(b)(1) * * * * 

(2) For use of project labor 

agreements, see Subpart 22.5. 

5. Add Subpart 22.5 to Part 22 to read 

as follows: 

Subpart 22.5 Use of Project Labor 

Agreements for Federal Construction 

Projects. 

Sec. 

22.501 Scope of subpart. 

22.502 Definitions. 

22.503 Policy. 

22.504 General requirements for project 

labor agreements. 

22.505 Solicitation provision and contract 

clause.1 

22.501 Scope of subpart. 

This subpart prescribes policies and 

procedures to implement Executive 

Order 13502, February 6, 2009. 

22.502 Definitions. 

As used in this subpart— 

Construction means construction, 

rehabilitation, alteration, conversion, 

extension, repair, or improvement of 

buildings, highways, or other real 

property. 

Labor organization means a labor 

organization as defined in 29 U.S.C. 

152(5). 

Large-scale construction project 

means a construction project, including 

all contracts associated with the project, 

where the total cost to the Federal 

Government is $25 million or more. 

Project labor agreement means a prehire collective bargaining agreement 

with one or more labor organizations 

that establishes the terms and 

conditions of employment for a specific 

construction project and is an agreement 

described in 29 U.S.C. 158(f). 

22.503 Policy. 

Project labor agreements are a tool 

that agencies may use to promote 

economy and efficiency in Federal 

procurement. Pursuant to Executive 

Order 13502, agencies are encouraged to 

consider requiring the use of project 

labor agreements in connection with 

large-scale construction projects. 

22.504 General requirements for project 

labor agreements. 

(a)(1) Agencies may require the use of 

project labor agreements where use of 

such agreements will— 

(i) Advance the Federal Government’s 

interest in achieving economy and 

efficiency in Federal procurement, 

producing labor-management stability, 

and ensuring compliance with laws and 

regulations governing safety and health, 

equal employment opportunity, labor 

and employment standards, and other 

matters; and, 

(ii) Be consistent with law. 

(2) If an agency determines that use of 

a project labor agreement will meet the 

standards set forth in paragraphs 

(a)(1)(i) and (ii) of this section, the 

agency has complete discretion— 


sroberts on DSKD5P82C1PROD with PROPOSALS
33956 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules 

(i) To require that every contractor 

and subcontractor on the project agree, 

for that project, to negotiate or become 

a party to a project labor agreement with 

one or more appropriate labor 

organizations; or (ii) To decide not to require the use 

of a project labor agreement. (b) Project labor agreements 

established under this subpart shall— (1) Bind all contractors and 

subcontractors on the construction 

project to comply with the project labor 

agreement; (2) Allow all contractors and 

subcontractors to compete for contracts 

and subcontracts without regard to 

whether they are otherwise parties to 

collective bargaining agreements; (3) Contain guarantees against strikes, 

lockouts, and similar job disruptions; (4) Set forth effective, prompt, and 

mutually binding procedures for 

resolving labor disputes arising during 

the term of the project labor agreement; (5) Provide other mechanisms for 

labor-management cooperation on 

matters of mutual interest and concern, 

including productivity, quality of work, 

safety, and health; and (6) Fully conform to all statutes, 

regulations, and Executive orders. 

22.505 Solicitation provision and contract 

clause. 

(a)(1) For acquisition of large-scale 

construction projects, if the agency 

makes a determination pursuant to this 

subpart that a project labor agreement 

will be required, the contracting officer 

shall insert the provision at 52.222–XX, 

Notice of Requirement for Project Labor 

Agreement, in all solicitations 

associated with the project. (2) If an agency allows submission of 

the project labor agreement after 

contract award, the contracting officer 

shall use the provision with its 

Alternate I in accordance with agency 

procedures. (b)(1) For acquisition of large-scale 

construction projects, if the agency 

makes a determination pursuant to this 

subpart that a project labor agreement 

will be required, the contracting officer 

shall insert the clause at 52.222–YY, 

Project Labor Agreement in all contracts 

associated with the project. (2) If an agency allows submission of 

the project labor agreement after 

contract award, the contracting officer 

shall use the clause with its Alternate I 

in accordance with agency procedures. 

PART 36—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

6. In section 36.202 revise paragraph 

(d) to read as follows: 

36.202 Specifications. 

* * * * * 

(d) For requirements on the use of 

project labor agreements for Federal 

construction projects, see part 22, 

Subpart 22.5 of this chapter. 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

7. Add section 52.222–XX to read as 

follows: 

52.222–XX Notice of Requirement for 

Project Labor Agreement. 

As prescribed in 22.505(a)(1), insert 

the following provision: 

NOTICE OF REQUIREMENT FOR 

PROJECT LABOR AGREEMENT 

(DATE) 

(a) Definitions. Labor organization and 

project labor agreement, as used in this 

provision, are defined in the clause of this 

solicitation entitled Project Labor Agreement. 

(b) Consistent with applicable law, the 

apparent successful offeror will be required 

to execute a project labor agreement with one 

or more appropriate labor organizations for 

the term of the resulting construction 

contract. 

(c) Any project labor agreement reached 

pursuant to this provision shall— 

(1) Bind the offeror and all subcontractors 

on the construction project to comply with 

the project labor agreement; 

(2) Allow the offeror and all subcontractors 

to compete for contracts and subcontracts 

without regard to whether they are otherwise 

parties to collective bargaining agreements; 

(3) Contain guarantees against strikes, 

lockouts, and similar job disruptions; 

(4) Set forth effective, prompt, and 

mutually binding procedures for resolving 

labor disputes arising during the project labor 

agreement; 

(5) Provide other mechanisms for labormanagement cooperation on matters of 

mutual interest and concern, including 

productivity, quality of work, safety, and 

health; and 

(6) Fully conform to all statutes, 

regulations, and Executive orders. 

(d) Any project labor agreement reached 

pursuant to this provision does not change 

the terms of this contract or provide for any 

price adjustment by the Government. 

(e) The Government will not participate in 

the negotiations of any project labor 

agreement. 

(f) The apparent successful offeror shall 

submit to the Contracting Officer a copy of 

the project labor agreement—reached 

pursuant to this provision prior to contract 

award. 

(End of Provision) 

Alternate I (DATE) As prescribed in 

22.505(a)(2), substitute the following 

paragraph (b) in lieu of paragraphs (b) 

through (f) of the basic clause: 

(b) Consistent with applicable law, the 

contractor agrees to bargain in good faith to 

a project labor agreement with one or more 

appropriate labor organizations for the term 

of the resulting construction contract. 

8. Add section 52.222–YY to read as 

follows: 

52.222–YY Project Labor Agreement. 

As prescribed in 22.505(b)(1), insert 

the following clause: 

PROJECT LABOR AGREEMENT 

(DATE) 

(a) Definitions. As used in this clause— 

Labor organization means a labor 

organization as defined in 29 U.S.C. 152(5). 

Project labor agreement means a pre-hire 

collective bargaining agreement with one or 

more labor organizations that establishes the 

terms and conditions of employment for a 

specific construction project and is an 

agreement described in 29 U.S.C. 158(f). 

(b) The Contractor shall maintain in a 

current status throughout the life of the 

contract the project labor agreement entered 

into prior to the award of this contract in 

accordance with solicitation provision 

52.222–XX, Notice of Requirement for Project 

Labor Agreement. 

(c) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (c), in all 

subcontracts. 

(End of Clause) 

Alternate I (Date). As prescribed in 

22.505(b)(2), substitute the following 

paragraphs (b) through (g) for 

paragraphs (b) and (c) of the basic 

clause: 

(b) Consistent with applicable law, the 

contractor agrees to bargain in good faith to 

a project labor agreement with one or more 

appropriate labor organizations for the term 

of this construction contract. The contractor 

shall submit an executed copy of the project 

labor agreement to the Contracting Officer. 

(c) Any project labor agreement reached 

pursuant to this clause shall— 

(1) Bind the Contractor and all 

subcontractors on the construction project to 

comply with the project labor agreement; 

(2) Allow the Contractor and all 

subcontractors to compete for contracts and 

subcontracts without regard to whether they 

are otherwise parties to collective bargaining 

agreements; 

(3) Contain guarantees against strikes, 

lockouts, and similar job disruptions; 

(4) Set forth effective, prompt, and 

mutually binding procedures for resolving 

labor disputes arising during the project labor 

agreement; 

(5) Provide other mechanisms for labormanagement cooperation on matters of 

mutual interest and concern, including 

productivity, quality of work, safety, and 

health; and 

(6) Fully conform to all statutes, 

regulations, and Executive orders. 

(d) Any project labor agreement reached 

pursuant to this provision does not change 

the terms of this contract or provide for any 

price adjustment by the Government. 

(e) The Government will not participate in 

the negotiations of any project labor 

agreement. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules 33957 

(f) The Contractor shall maintain in a 

current status throughout the life of the 

contract the project labor agreement entered 

into pursuant to this clause. 

(g) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (g), in all 

subcontracts. 

(End of Provision) 

[FR Doc. E9–16619 Filed 7–10–09; 11:15 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R9-IA-2009-0016; 96100-1671-9FLSB6] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition to List 14 Parrot Species as 

Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90–day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90–day finding on a petition to list as 

threatened or endangered under the 

Endangered Species Act of 1973, as 

amended (Act), the following 14 parrot 

species: Blue-throated macaw (Ara 

glaucogularis), blue-headed macaw 

(Primolius couloni), crimson shining 

parrot (Prosopeia splendens), great 

green macaw (Ara ambiguus), greycheeked parakeet (Brotogeris 

pyrrhoptera), hyacinth macaw 

(Anodorhynchus hyacinthinus), military 

macaw (Ara militaris), Philippine 

cockatoo (Cacatua haematuropygia), 

red-crowned parrot (Amazona 

viridigenalis), scarlet macaw (Ara 

macao), thick-billed parrot 

(Rhynchopsitta pachyrhyncha), white 

cockatoo (Cacatua alba), yellow-billed 

parrot (Amazona collaria), and yellowcrested cockatoo (Cacatua sulphurea). 

The thick-billed parrot is listed as an 

endangered species under the Act 

throughout its range. As such, we will 

not be addressing it further as part of 

this petition. We have also previously 

determined that the blue-throated 

macaw warrants listing in response to a 

1991 petition and has been a candidate 

species since. Because we have recently 

re-evaluated the status of this species as 

part of our 2008 Annual Notice of 

Review, we will not address it further as 

part of this petition. We find that the 

petition presents substantial scientific 

or commercial information indicating 

that listing the remaining 12 species of 

parrots may be warranted. Therefore, 

with the publication of this notice, we 

are initiating a status review of these 12 

species of parrots to determine if listing 

is warranted. To ensure that the status 

reviews are comprehensive, we are 

soliciting scientific and commercial data 

regarding these 12 species. 

Additionally, we are seeking any recent 

information concerning the bluethroated macaw so that it can be taken 

into consideration in our evaluation of 

its status when we do our re-evaluation 

as part of the 2009 Annual Notice of 

Review. 

DATES: We made the finding announced 

in this document on July 14, 2009. To 

allow us adequate time to conduct the 

12–month status review, we request that 

we receive information on or before 

September 14, 2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R9- 

IA-2009-0016; 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 

Information Solicited section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Douglas Krofta, Chief, Branch of Listing, 

Endangered Species, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Room 420, Arlington, Virginia 

22203; telephone 703-358-2105. If you 

use a telecommunications device for the 

deaf (TDD), call the Federal Information 

Relay Service (FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION: 

Information Solicited 

When we make a finding that 

substantial information is presented to 

indicate that listing a species may be 

warranted, we are required to promptly 

commence a review of the status of the 

species. To ensure that the status review 

is complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information on the following 12 parrot 

species: Blue-headed macaw (Primolius 

couloni), crimson shining parrot 

(Prosopeia splendens), great green 

macaw (Ara ambiguus), grey-cheeked 

parakeet (Brotogeris pyrrhoptera), 

hyacinth macaw (Anodorhynchus 

hyacinthinus), military macaw (Ara 

militaris), Philippine cockatoo (Cacatua 

haematuropygia), red-crowned parrot 

(Amazona viridigenalis), scarlet macaw 

(Ara macao), white cockatoo (Cacatua 

alba), yellow-billed parrot (Amazona 

collaria), and yellow-crested cockatoo 

(Cacatua sulphurea). We request 

scientific and commercial information 

from the public, concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested parties on the status of the 12 

parrot species that will be addressed as 

part of this petition, as well as the bluethroated macaw (Ara glaucogularis), 

throughout their range, including but 

not limited to: 

(1) Information on taxonomy, 

distribution, habitat selection and 

trends (especially breeding and foraging 

habitats), diet, and population 

abundance and trends (especially 

current recruitment data) of these 

species. 

(2) Information on the effects of 

habitat loss and changing land uses on 

the distribution and abundance of these 

species and their principal prey species 

over the short and long term. 

(3) Information on the effects of other 

potential threat factors, including live 

capture and hunting, domestic and 

international trade, predation by other 

animals, and diseases of these species or 

their principal prey over the short and 

long term. 

(4) Information on management 

programs for parrot conservation, 

including mitigation measures related to 

conservation programs, and any other 

private, tribal, or governmental 

conservation programs that benefit these 

species. 

(5) Information relevant to whether 

any populations of these species may 

qualify as distinct population segments. 

(6) Information on captive 

populations and captive breeding and 

domestic trade of these species in the 

United States. 

We will base our 12–month finding 

on a review of the best scientific and 

commercial information available, 

including all information received 

during the public comment period. 

Please note that comments merely 

stating support or opposition to the 

actions under consideration without 

providing supporting information, 

although noted, will not be part of the 

basis of this determination, as section 

4(b)(1)(A) of the Act (16 U.S.C. 1531 et 

seq.) directs that determinations as to 

whether any species is a threatened or 

endangered species shall be made 

‘‘solely on the basis of the best scientific 


sroberts on DSKD5P82C1PROD with PROPOSALS