Commercial Driver's License Testing and Commercial Learner's Permit Standards; Corrections, 39018-39019 [2011-16683]
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39018
§ 1542.1502
Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations
Policy.
EPA contracting officers shall prepare
an evaluation of contractor performance
for all applicable contracts and orders
with a total estimated value greater than
the simplified acquisition threshold in
accordance with FAR 42.1502. For
acquisitions involving options, the total
estimated value of the acquisition shall
include the estimated base amount plus
the option(s) amount(s). Evaluations
shall be completed no later than 120
days after the end of the evaluation
period.
srobinson on DSK4SPTVN1PROD with RULES
§ 1542.1503
Procedures.
(a) Past Performance Database. EPA
contracting officers shall use the
Contractor Performance Assessment
Reporting System (CPARS) which has
connectivity with the Past Performance
Information Retrieval System (PPIRS).
(b) Frequency and Types of Report.
CPARS includes four types of reports:
Initial, Intermediate, Final and Out-ofCycle.
(1) An initial report is required for
new contracts/orders meeting the
thresholds in FAR 42.15 with a period
of performance greater than 365 days.
The initial CPAR must reflect evaluation
of at least the first 180 days of
performance and may include up to the
first 365 days of performance.
(2) Intermediate reports are due every
12 months throughout the entire period
of the contract after the initial report
and up to the final report. While formal
reports are only required every 12
months, contracting officers should
discuss past performance with
contractors on an ongoing basis.
(3) A final report shall be prepared
upon contract completion. Contracts/
orders with less than 365 days
performance only require a final report.
For contracts longer than 365 days, the
final report is not cumulative and covers
only the period of performance
following the last intermediate report.
Final past performance reports must be
completed prior to contract closeout.
(4) An out-of-cycle report may be
prepared when there is a significant
change of performance that alters the
assessment in one or more evaluation
areas. The contractor may request an
Out-of-cycle report be prepared;
however, the decision of whether or not
to do so is at the discretion of the
contracting officer. An out-of-cycle
report does not alter the annual
intermediate reporting requirement.
(c) Preparing the Evaluation. The
contracting officer’s representative shall
initiate all reviews and forward to the
contracting officer for approval. The
content of the evaluations shall be based
on objective data supportable by
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program and contract management
records. Remarks should be tailored to
the contract type, size, content, and
complexity. Contracting officers should
provide their own input on the
evaluation as applicable and obtain
input from the program office,
administrative contracting office, end
users of the product or service, and any
other technical or business advisor, as
appropriate.
(d) Small Business Subcontracting
Plan. Evaluations shall include an
assessment of contractor performance
against and efforts to achieve the goals
identified in the small business
subcontracting plan when the contract
includes the clause at FAR 52.219–9,
Small Business Subcontracting Plan.
(e) Novation Agreements/Name
Changes. In cases of novations involving
successors-in-interest, a final evaluation
of the predecessor contractor’s
performance must be accomplished. The
predecessor contractor’s final past
performance report shall cover the last
12 months (or less) of contract or order
performance. In cases of change-of-name
agreements, the system shall be changed
to reflect the new contractor’s name.
(f) File Documentation. Copies of the
evaluation, contractor response, and
review comments (if any) shall be
retained as part of the evaluation, and
hard copies shall be contained in
contract files.
§ 1542.1504
Clauses.
EPA contracting officers shall insert
the contract clause at 1552.242–71 in all
solicitations, contracts, and orders
requiring past performance reports in
accordance with FAR Subpart 42.1502.
For acquisitions involving options, the
total estimated value of the acquisition
shall include the estimated base amount
plus the option(s) amount(s).
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
§ 1552.209–76
[Removed]
4. Remove 1552.209–76.
5. Add 1552.242–71 to read as
follows:
■
■
§ 1552.242–71
evaluations.
Contractor performance
As prescribed in section 1542.1504,
insert the following clause in all
applicable solicitations and contracts.
Contractor Performance Evaluations
In accordance with Federal Acquisition
Regulation (FAR) Subpart 42.15 and EPAAR
1542.15, the EPA will prepare and submit
past performance evaluations to the Past
Performance Information Retrieval System
(PPIRS). Evaluation reports will be
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documented not later than 120 days after the
end of an evaluation period by using the
Contractor Performance Assessment
Reporting System (CPARS) which has
connectivity with PPIRS. Contractors must
register in CPARS in order to view/comment
on their past performance reports.
[FR Doc. 2011–16632 Filed 7–1–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA–2007–27659]
RIN 2126–AB02
Commercial Driver’s License Testing
and Commercial Learner’s Permit
Standards; Corrections
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; correction.
AGENCY:
FMCSA published a final rule
in the Federal Register on Monday, May
9, 2011, that will be effective on July 8,
2011. This final rule amends the
commercial driver’s license (CDL)
knowledge and skills testing standards
and establishes new minimum Federal
standards for States to issue the
commercial learner’s permit (CLP).
Since the final rule was published,
FMCSA identified minor discrepancies
regarding section references in the
regulatory text of the final rule. This
document corrects those section
references.
SUMMARY:
DATES:
Effective July 8, 2011.
FOR FURTHER INFORMATION CONTACT:
Robert Redmond, Office of Safety
Programs, Commercial Driver’s License
Division, telephone (202) 366–5014 or email robert.redmond@dot.gov. Office
hours are from 8 a.m. to 4:30 p.m.
SUPPLEMENTARY INFORMATION:
Corrections
In the final rule published on May 9,
2011 (FR Doc. 2011–10510, 76 FR
26854), the following corrections are
made:
■ a. On page 26893, in the third column,
redesignate paragraphs (f) and (g) of
§ 383.153 as paragraphs (g) and (h); and
■ b. On page 26896, in the third column,
correct amendatory instruction number
52 and its regulatory text to read:
■ 52. Amend § 384.301 by adding a new
paragraph (f) to read as follows:
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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations
§ 384.301 Substantial compliance—
general requirements.
*
*
*
*
*
(f) A State must come into substantial
compliance with the requirements of
subpart B of this part in effect as of July
8, 2011, as soon as practical but, unless
otherwise specifically provided in this
part, not later than July 8, 2014.
Issued on: June 27, 2011.
William Bronrott,
Deputy Administrator.
[FR Doc. 2011–16683 Filed 7–1–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110210132–1275–02]
RIN 0648–BA65
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Quotas and
Atlantic Tuna Fisheries Management
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is modifying Atlantic
bluefin tuna (BFT) base quotas for all
domestic fishing categories; establishing
BFT quota specifications for the 2011
fishing year; reinstating pelagic longline
target catch requirements for retaining
BFT in the Northeast Distant Gear
Restricted Area (NED); amending the
Atlantic tunas possession-at-sea and
landing regulations to allow removal of
Atlantic tunas tail lobes; and clarifying
the transfer-at-sea regulations for
Atlantic tunas. This action is necessary
to implement recommendations of the
International Commission for the
Conservation of Atlantic Tunas (ICCAT),
as required by the Atlantic Tunas
Convention Act (ATCA), and to achieve
domestic management objectives under
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: The amendments to § 635.27 are
effective July 5, 2011. The 2011 quota
specifications are effective July 5, 2011
through December 31, 2011. The
amendments to §§ 635.23, 635.29, and
635.30 are effective August 4, 2011.
ADDRESSES: Supporting documents,
including the Environmental
Assessment, Regulatory Impact Review,
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SUMMARY:
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and Final Regulatory Flexibility
Analysis (EA/RIR/FRFA), are available
from Sarah McLaughlin, Highly
Migratory Species (HMS) Management
Division, Office of Sustainable Fisheries
(F/SF1), NMFS, 55 Great Republic
Drive, Gloucester, MA 01930. These
documents and others, such as the
Fishery Management Plans described
below, also may be downloaded from
the HMS Web site at https://
www.nmfs.noaa.gov/sfa/hms/.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION: Atlantic
bluefin tuna, bigeye tuna, albacore tuna,
yellowfin tuna, and skipjack tuna
(hereafter referred to as ‘‘Atlantic
tunas’’) are managed under the dual
authority of the Magnuson-Stevens Act
and ATCA. ATCA authorizes the
Secretary of Commerce (Secretary) to
promulgate regulations, as may be
necessary and appropriate, to
implement ICCAT recommendations.
The authority to issue regulations under
the Magnuson-Stevens Act and ATCA
has been delegated from the Secretary to
the Assistant Administrator for
Fisheries, NMFS.
Background
Background information about the
need for modification of the BFT base
quotas for all domestic fishing
categories, the 2011 BFT quota
specifications, and amendment of the
Atlantic tuna fisheries management
measures was provided in the preamble
to the proposed rule (76 FR 13583,
March 14, 2011) and is not repeated
here.
Changes From the Proposed Rule
The total amount of available annual
quota is determined by the ICCATrecommended U.S. baseline BFT quota
after consideration of overharvest/
underharvest from the previous fishing
year and any accounting for estimated
dead discards of BFT. At the time the
proposed rule was prepared, NMFS
used the 2009 estimate of 160 mt as a
proxy for potential 2011 dead discards
because the BFT dead discard estimate
for 2010 was not yet available. The 2010
dead discard estimate, 122.3 mt, became
available from the NMFS Southeast
Fisheries Science Center during the
comment period. Estimates of dead
discards are only available for the
Longline category at this time. Estimates
from other BFT gear types and fishing
sectors that are not observed at
sufficient levels for estimation and that
do not report via a logbook are not
included in this calculation. Use of the
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39019
2010 estimate as a proxy for estimated
2011 dead discards in the final rule is
appropriate because it is the best
available and most complete
information NMFS currently has
regarding dead discards.
In the proposed rule, under each
baseline quota alternative, NMFS also
set out its calculation of ‘‘available’’
annual quota and its proposed
allocation of that available quota among
the commercial and recreational
domestic fishing categories (i.e., quota
specifications), and its proposed
methodology for handling dead
discards. NMFS proposed a calculation
and allocation methodology consistent
with the 2006 Consolidated HMS FMP
and implementing regulations, but
different than the methodology used for
the past 4 years. NMFS received
comments on the proposed allocation
methodology both at public hearings
and in writing during the public
comment period. NMFS considered the
comments (summarized in the Response
to Comments section below) and the
updated (2010) dead discard estimate,
and after public discussion and input
has decided to account for dead
discards in a different manner to
establish the 2011 BFT quota
specifications as described below. Note
that these considerations are for the
2011 quota specifications only.
To set the final 2011 BFT quota
specifications, NMFS has decided to
account up front (i.e., at the beginning
of the fishing year) for half of the
estimated dead discards, using the
recent 2010 estimate rather than the
2009 estimate used at the proposed rule
stage. In the proposed rule, NMFS had
proposed to subtract from the overall
quota all of the estimated dead discards
up front and then allocate the remaining
quota among the fishery categories, even
though the United States is not required
by ICCAT or current regulations to
account for the total amount of dead
discards until the end of the fishing
season. In the final rule, NMFS is
accounting for half of the estimated
pelagic longline dead discards up front
and deducting that portion of expected
longline discards directly from the
Longline category quota. Accounting for
dead discards in the Longline category
in this way may provide some incentive
for pelagic longline fishermen to reduce
those interactions that may result in
dead discards. Also in response to
public comment, NMFS is applying half
of the 94.9 mt of 2010 underharvest that
is allowed to be carried forward to 2011
to the Longline category and
maintaining the other half in the
Reserve category. NMFS intends to
maintain this underharvest in the
E:\FR\FM\05JYR1.SGM
05JYR1
]]>Agencies
[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Rules and Regulations]
[Pages 39018-39019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16683]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA-2007-27659]
RIN 2126-AB02
Commercial Driver's License Testing and Commercial Learner's
Permit Standards; Corrections
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: FMCSA published a final rule in the Federal Register on
Monday, May 9, 2011, that will be effective on July 8, 2011. This final
rule amends the commercial driver's license (CDL) knowledge and skills
testing standards and establishes new minimum Federal standards for
States to issue the commercial learner's permit (CLP). Since the final
rule was published, FMCSA identified minor discrepancies regarding
section references in the regulatory text of the final rule. This
document corrects those section references.
DATES: Effective July 8, 2011.
FOR FURTHER INFORMATION CONTACT: Robert Redmond, Office of Safety
Programs, Commercial Driver's License Division, telephone (202) 366-
5014 or e-mail robert.redmond@dot.gov. Office hours are from 8 a.m. to
4:30 p.m.
SUPPLEMENTARY INFORMATION:
Corrections
In the final rule published on May 9, 2011 (FR Doc. 2011-10510, 76
FR 26854), the following corrections are made:
0
a. On page 26893, in the third column, redesignate paragraphs (f) and
(g) of Sec. 383.153 as paragraphs (g) and (h); and
0
b. On page 26896, in the third column, correct amendatory instruction
number 52 and its regulatory text to read:
0
52. Amend Sec. 384.301 by adding a new paragraph (f) to read as
follows:
[[Page 39019]]
Sec. 384.301 Substantial compliance--general requirements.
* * * * *
(f) A State must come into substantial compliance with the
requirements of subpart B of this part in effect as of July 8, 2011, as
soon as practical but, unless otherwise specifically provided in this
part, not later than July 8, 2014.
Issued on: June 27, 2011.
William Bronrott,
Deputy Administrator.
[FR Doc. 2011-16683 Filed 7-1-11; 8:45 am]
BILLING CODE 4910-EX-P
