Responsibility; Suspension and Debarment, 25656-25657 [2011-10919]
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25656
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Proposed Rules
of 4/06/09. Therefore, we are proposing
to correct the identification of plan table
in 40 CFR 52.1820(e) accordingly.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
V. Section 110(l)
Under section 110(l) of the CAA, EPA
cannot approve a SIP revision if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress toward attainment of the
NAAQS or any other applicable
requirement of the Act. As described in
section III, above, most of the revisions
we are proposing to approve conform
the North Dakota SIP to relevant CAA
requirements. In particular, the State
revised shutdown and malfunction
provisions to comport with CAA
requirements. The other changes we are
proposing to approve are minor and will
not interfere with attainment or
reasonable further progress toward
attainment of the NAAQS 3 or any other
CAA requirements.
VI. Proposed Action
EPA is proposing to approve revisions
to the North Dakota SIP that the
Governor of North Dakota submitted
with a letter dated April 6, 2009 and
that were State-effective April 1, 2009.
Specifically, EPA is proposing to
approve North Dakota’s revisions to the
following portions of the North Dakota
Administrative Code: Chapter 33–15–
01, ‘‘General Provisions,’’ sections 33–
15–01–04, 33–15–01–05, and 33–15–01–
13; Chapter 33–15–02, ‘‘Ambient Air
Quality Standards,’’ section 33–15–02,
Table 1; Chapter 33–15–05, ‘‘Emissions
of Particulate Matter Restricted,’’
subsection 33–15–05–03.2.2; Chapter
33–15–14, ‘‘Designated Air Contaminant
Sources, Permit to Construct, Minor
Source Permit to Operate, Title V Permit
to Operate,’’ subsection 33–15–14–
01.14; and Chapter 33–15–23, ‘‘Fees,’’
section 33–15–23–03. See section III of
this action, above, for a description of
these revisions.
In addition, EPA is proposing
administrative corrections to the
regulatory text for North Dakota that
will appear in the Code of Federal
Regulations. Specifically, we are
proposing to change the identification of
plan table that will appear at 40 CFR
52.1820(e) as follows:
a. We will change the first portion of
the explanation for item (1) in the table
to read, ‘‘Excluding subsequent
revisions, as follows: Chapters 6, 11,
and 12; Sections 2.11, 3.7, 6.10, 6.11,
6.13, and 8.3; and Subsections 3.2.1,
3 North Dakota has no nonattainment areas. Thus,
CAA part D requirements, including the
requirement to make reasonable further progress
toward attainment, do not apply in North Dakota.
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5.2.1, 7.8.1.A, 7.8.1.B, 7.8.1.C, and
8.3.1.’’
b. We will change the submittal dates
for items (21) and (22) in the table to
read, ‘‘4/06/09.’’
See section IV of this action, above,
for further information regarding these
corrections.
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ under the terms of Executive
Order 12866 (58 FR 51735, October 4,
1993) and is therefore not subject to
review under Executive Orders 12866
and 13563 (76 FR 3821, January 21,
2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
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practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 27, 2011.
Judith Wong,
Acting Regional Administrator, Region 8.
[FR Doc. 2011–10995 Filed 5–4–11; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 1809
RIN 2700–AD54
Responsibility; Suspension and
Debarment
National Aeronautics and
Space Administration.
ACTION: Proposed rule with request for
comments.
AGENCY:
NASA is revising the NASA
FAR Supplement (NFS) to update
internal processing procedures related
to suspension and debarment. Although
the procedures do not impact the public
and will not be codified in the Code of
Federal Regulations, one related change
does impact the public and that is a new
requirement for contracting officers to
notify prospective contractors if they are
found to be non-responsible.
Notification provides the prospective
contractor with the opportunity to take
corrective action prior to future
solicitations.
SUMMARY:
Interested parties should submit
comments to NASA at the address
below on or before July 5, 2011 to be
considered in formulation of the final
rule.
DATES:
Interested parties may
submit comments, identified by RIN
number 2700–AD54, using either of the
following methods: (1) Regulations.gov:
https://www.regulations.gov. Submit
comments via the Federal eRulemaking
ADDRESSES:
E:\FR\FM\05MYP1.SGM
05MYP1
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Proposed Rules
portal by inputting RIN 2007–AD64
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘RIN 2007–AD54.’’
Follow the instructions provided at the
‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘RIN 2700–AD54’’ on your
attached document. (2) E-mail:
leigh.pomponio@nasa.gov. Include RIN
2007–AD54 in the subject line of the
message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://www.regulations.gov
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT:
Leigh Pomponio, NASA, Office of
Procurement, (202) 358–0592; e-mail:
leigh.pomponio@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
NASA is proposing to amend the
NASA FAR Supplement to include a
requirement for contracting officers to
notify prospective contractors if they are
found non-responsible for award. Such
notification permits potential
contractors to improve their
opportunities for future awards by
addressing the non-responsibility
issues. This proposed rule is consistent
with FAR 9.104–6, Federal Awardee
Performance and Integrity Information
System (FAPIIS). Because contracting
officers use FAPIIS to obtain pre-award
information, and to enter
determinations of non-responsibility for
public display, it is a good practice to
personally notify contractors of nonresponsibility findings and the basis of
the finding in an effort to afford
potential contractors an opportunity to
improve the underlying causes for a
non-responsibility determination and to
promote maximum competition for
future awards.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
B. Executive Order 12866 and Executive
Order 13563
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
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19:33 May 04, 2011
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reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has NOT been designated
a ‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866.
This is not a major rule under 5 U.S.C.
804.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
C. Regulatory Flexibility Act
25657
AGENCY:
This final rule is not expected 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 it does not impose any new
requirements on small entities. This rule
only imposes requirements on
Government personnel; the impact on
the public, including small entities, is
the receipt of additional information.
D. 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 Part 1809
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR Part 1809 is
amended as follows:
1. The authority citation for 48 CFR
Part 1809 continues to read as follows:
Authority: 42 U.S.C. 2455(a), 2473(c)(1)
PART 1809—CONTRACTOR
QUALIFICATIONS
2. Section 1809.105–2 is added to
Subpart 1809.1 to read as follows:
1809.105–2 Determinations and
documentation.
(a) The contracting officer shall
provide written notification to a
prospective contractor determined not
responsible, which includes the basis
for the determination. Notification
provides the prospective contractor with
the opportunity to take corrective action
prior to future solicitations.
[FR Doc. 2011–10919 Filed 5–4–11; 8:45 am]
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48 CFR Parts 1812, 1828, and 1852
RIN 2700–AD55
Cross-Waiver of Liability Clauses
National Aeronautics and
Space Administration.
ACTION: Proposed rule.
NASA proposes to revise the
NASA FAR Supplement (NFS) to
consolidate and make changes to three
currently-existing cross-waiver of
liability clauses. The changes include
consolidation of the three clauses into
two clauses and retitleing the two
clauses to more closely align the clauses
with current mission programs
including International Space Station
(ISS) activities, and Science or Space
Exploration activities unrelated to the
ISS. The existing Expendable Launch
Vehicle (ELV) clause will be broadened
to apply to contracts and subcontracts
related to a launch of any kind other
than one involving the International
Space Station. The International Space
Station (ISS) activities cross-waiver of
liability clause is revised and its
applicably broadened to include Space
Shuttle activities related to the ISS.
Accordingly, the Space Shuttle services
clause will be deleted in its entirety
with all Space Shuttle activity falling
under one of the two remaining clauses.
These proposed changes to the NFS are
being made to align contract clauses
with the regulatory authority
established by a final rule published
February 26, 2008, which established
NASA’s cross-waiver of liability
authority in two categories of NASA
agreements.
DATES: Interested parties should submit
comments on or before July 5, 2011 to
be considered in formulation of the final
rule.
ADDRESSES: Interested parties may
submit comments, identified by RIN
number 2700–AD55, via the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments may also be submitted to R.
Todd Lacks (Mail Stop 5J75), NASA
Headquarters, Office of Procurement,
Contract Management Division,
Washington, DC 20546. Comments may
also be submitted by e-mail to
todd.lacks@nasa.gov.
FOR FURTHER INFORMATION CONTACT: R.
Todd Lacks, NASA, Office of
Procurement, Contract Management
Division (Suite 5J75); (202) 358–0799;
e-mail: todd.lacks@nasa.gov.
SUMMARY:
E:\FR\FM\05MYP1.SGM
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Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Proposed Rules]
[Pages 25656-25657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10919]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1809
RIN 2700-AD54
Responsibility; Suspension and Debarment
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: NASA is revising the NASA FAR Supplement (NFS) to update
internal processing procedures related to suspension and debarment.
Although the procedures do not impact the public and will not be
codified in the Code of Federal Regulations, one related change does
impact the public and that is a new requirement for contracting
officers to notify prospective contractors if they are found to be non-
responsible. Notification provides the prospective contractor with the
opportunity to take corrective action prior to future solicitations.
DATES: Interested parties should submit comments to NASA at the address
below on or before July 5, 2011 to be considered in formulation of the
final rule.
ADDRESSES: Interested parties may submit comments, identified by RIN
number 2700-AD54, using either of the following methods: (1)
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking
[[Page 25657]]
portal by inputting RIN 2007-AD64 under the heading ``Enter keyword or
ID'' and selecting ``Search.'' Select the link ``Submit a Comment''
that corresponds with ``RIN 2007-AD54.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``RIN 2700-AD54'' on your attached document.
(2) E-mail: leigh.pomponio@nasa.gov. Include RIN 2007-AD54 in the
subject line of the message.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting.
FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, NASA, Office of
Procurement, (202) 358-0592; e-mail: leigh.pomponio@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
NASA is proposing to amend the NASA FAR Supplement to include a
requirement for contracting officers to notify prospective contractors
if they are found non-responsible for award. Such notification permits
potential contractors to improve their opportunities for future awards
by addressing the non-responsibility issues. This proposed rule is
consistent with FAR 9.104-6, Federal Awardee Performance and Integrity
Information System (FAPIIS). Because contracting officers use FAPIIS to
obtain pre-award information, and to enter determinations of non-
responsibility for public display, it is a good practice to personally
notify contractors of non-responsibility findings and the basis of the
finding in an effort to afford potential contractors an opportunity to
improve the underlying causes for a non-responsibility determination
and to promote maximum competition for future awards.
B. Executive Order 12866 and Executive Order 13563
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has NOT been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866. This
is not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
This final rule is not expected 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 it does
not impose any new requirements on small entities. This rule only
imposes requirements on Government personnel; the impact on the public,
including small entities, is the receipt of additional information.
D. 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 Part 1809
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR Part 1809 is amended as follows:
1. The authority citation for 48 CFR Part 1809 continues to read as
follows:
Authority: 42 U.S.C. 2455(a), 2473(c)(1)
PART 1809--CONTRACTOR QUALIFICATIONS
2. Section 1809.105-2 is added to Subpart 1809.1 to read as
follows:
1809.105-2 Determinations and documentation.
(a) The contracting officer shall provide written notification to a
prospective contractor determined not responsible, which includes the
basis for the determination. Notification provides the prospective
contractor with the opportunity to take corrective action prior to
future solicitations.
[FR Doc. 2011-10919 Filed 5-4-11; 8:45 am]
BILLING CODE 7510-01-P