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Federal Register / Vol. 72, No.

156 / Tuesday, August 14, 2007 / Proposed Rules 45405

maintenance and five-year reviews, provide it in the body of your comment. File Room Customer Service Center,
have been completed. However, this If you send an e-mail comment directly Building E, 12100 Park 35 Circle,
deletion does not preclude future to EPA without going through http:// Austin, Texas, 78753, (512) 239–2900,
actions under Superfund. www.regulations.gov, your e-mail Monday through Friday 8 a.m. to 5 p.m.
In the ‘‘Rules and Regulations’’ address will automatically be captured
List of Subjects in 40 CFR Part 300
Section of this Federal Register, we are and included as part of the comment
publishing a direct final notice of that is placed in the public docket and Environmental protection, Air
deletion of the Bailey Waste Disposal made available on the Internet. If you pollution control, Chemicals, Hazardous
Superfund Site without prior notice of submit an electronic comment, EPA waste, Hazardous substances,
intent to delete because we view this as recommends that you include your Intergovernmental relations, Penalties,
a noncontroversial revision and name and other contact information in Reporting and recordkeeping
anticipate no adverse comment. We the body of your comment and with any requirements, Superfund, Water
have explained our reasons for this disk or CD–ROM you submit. If EPA pollution control, Water supply.
deletion in the direct final deletion. If cannot read your comment due to Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
we receive no adverse comment(s) on technical difficulties and cannot contact 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
this notice of intent to delete or the you for clarification, EPA may not be 1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
direct final notice of deletion, we will able to consider your comment. 3 CFR, 1987 Comp., p. 193.
not take further action on this notice of Electronic files should avoid the use of Dated: July 19, 2007.
intent to delete. If we receive adverse special characters, any form of Richard E. Greene,
comment(s), we will withdraw the encryption and be free of any defects or Regional Administrator, EPA Region 6.
direct final notice of deletion, and it viruses. [FR Doc. E7–15897 Filed 8–13–07; 8:45 am]
will not take effect. We will, as Docket: All documents in the docket
BILLING CODE 6560–50–P
appropriate, address all public are listed in the http://
comments in a subsequent final deletion www.regulations.gov index. Although
notice based on this notice of intent to listed in the index, some information is
delete. We will not institute a second not publicly available, e.g., CBI or other DEPARTMENT OF DEFENSE
comment period on this notice of intent information disclosure of which is
Defense Acquisition Regulations
to delete. Any parties interested in restricted by statute. Certain other
System
commenting must do so at this time. For material, such as copyrighted material,
additional information see the direct will be publicly available only in hard
48 CFR Parts 232 and 252
final notice of deletion located in the copy. Publicly available docket
Rules section of this Federal Register. materials are available either RIN 0750–AF63
DATES: Comments concerning this Site electronically at http://
must be received by September 13, www.regulations.gov or in hard copy at Defense Federal Acquisition
2007. the information repositories. Regulation Supplement; Mandatory
FOR FURTHER INFORMATION CONTACT:
Use of Wide Area WorkFlow (DFARS
ADDRESSES: Submit your comments, Case 2006–D049)
identified by Docket ID No. EPA–HQ– Scott Harris, PhD, Remedial Project
SFUND–1986–0005, by one of the Manager (RPM), U.S. EPA Region 6 AGENCY: Defense Acquisition
following methods: (6SF–RA), 1445 Ross Avenue, Dallas, Regulations System, Department of
http://www.regulations.gov (Follow TX 75202–2733, harris.scott@epa.gov or Defense (DoD).
the on-line instructions for submitting (214) 665–7114 or 800–533–3508. ACTION: Proposed rule with request for
comments). SUPPLEMENTARY INFORMATION: For comments.
E-mail: walters.donn@epa.gov. additional information see the Direct
Fax: 214–665–6660. Final Notice of Deletion located in the SUMMARY: DoD is proposing to amend
Mail: Donn Walters, Community ‘‘Rules’’ section of this Federal Register. the Defense Federal Acquisition
Involvement, U.S. EPA Region 6 (6SF– Information Repositories: Repositories Regulation Supplement (DFARS) to
TS), 1445 Ross Avenue, Dallas, TX have been established to provide require use of the Wide Area WorkFlow-
75202–2733, (214) 665–6483 or 1–800– detailed information concerning this Receipt and Acceptance (WAWF–RA)
533–3508. decision at the following locations: U.S. electronic system for submitting and
Instructions: Direct your comments to EPA Online Library System at http:// processing payment requests under DoD
Docket ID No. EPA–HQ–SFUND–1986– www.epa.gov/natlibra/ols.htm; U.S. contracts. DoD-wide use of WAWF–RA
0005. EPA policy is that all comments EPA Region 6, 1445 Ross Avenue, Suite will increase the efficiency of the
received will be included in the public 700, Dallas, Texas 75202–2733, (214) payment process.
docket without change and may be 665–6617, by appointment only Monday DATES: Comments on the proposed rule
made available online at http:// through Friday 9 a.m. to 12 p.m. and 1 should be submitted in writing to the
www.regulations.gov, including any p.m. to 4 p.m.; Marion and Ed Hughes address shown below on or before
personal information provided, unless Public Library, 2712 Nederland Avenue, October 15, 2007, to be considered in
the comment includes information Nederland, Texas, 77627, (409) 722– the formation of the final rule.
claimed to be Confidential Business 1255, Monday 1 p.m. to 9 p.m., Tuesday ADDRESSES: You may submit comments,
Information (CBI) or other information, through Friday 10 a.m. to 6 p.m. and identified by DFARS Case 2006–D049,
disclosure of which is restricted by closed Saturday–Sunday; City of Orange using any of the following methods:
statute. Do not submit information that Public Library, 220 N. 5th Street, • Federal eRulemaking Portal: http://
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you consider to be CBI or otherwise Orange, Texas, 77630, (409) 883–1086, www.regulations.gov. Follow the
protected. The http:// Saturday and Monday 10 a.m. to 2 p.m., instructions for submitting comments.
www.regulations.gov Web site is an Tuesday 12 p.m. to 8 p.m. Wednesday • E-mail: dfars@osd.mil. Include
‘‘anonymous access’’ system, which through Friday 10 a.m. to 5 p.m. and DFARS Case 2006–D049 in the subject
means EPA will not know your identity closed Sunday; Texas Commission on line of the message.
or contact information unless you Environmental Quality (TCEQ), Central • Fax: (703) 602–7887.

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45406 Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Proposed Rules

• Mail: Defense Acquisition payments and to reduce DoD’s interest List of Subjects in 48 CFR Parts 232 and
Regulations System, Attn: Mr. John charges for late payments. The proposed 252
McPherson, OUSD (AT&L) DPAP (CPF), rule continues DoD’s implementation of Government procurement.
IMD 3D139, 3062 Defense Pentagon, the electronic invoicing requirements of
Washington, DC 20301–3062. 10 U.S.C. 2227, as added by Section Michele P. Peterson,
• Hand Delivery/Courier: Defense 1008 of the National Defense Editor, Defense Acquisition Regulations
Acquisition Regulations System, Crystal Authorization Act for Fiscal Year 2001 System.
Square 4, Suite 200A, 241 18th Street, (Pub. L. 106–398). Therefore, DoD proposes to amend 48
Arlington, VA 22202–3402. CFR parts 232 and 252 as follows:
Comments received generally will be American National Standards
1. The authority citation for 48 CFR
posted without change to http:// Institute (ANSI) X.12 Electronic Data parts 232 and 252 continues to read as
www.regulations.gov, including any Interchange (EDI) and Web Invoicing follows:
personal information provided. System (WInS) cannot process all DoD
payment request types, nor can they Authority: 41 U.S.C. 421 and 48 CFR
FOR FURTHER INFORMATION CONTACT: Mr. Chapter 1.
John McPherson, (703) 602–0296. process receiving reports. In addition,
EDI and WInS information cannot be PART 232—CONTRACT FINANCING
SUPPLEMENTARY INFORMATION:
made available to all interested
A. Background Government offices and organizations. 2. Section 232.7002 is amended in
WAWF–RA is the only DoD system that paragraph (b) by revising the last
This proposed rule amends DFARS sentence to read as follows:
Subpart 232.70, and the contract clause can process all payment request types as
at DFARS 252.232–7003, to require use well as receiving reports. WAWF–RA 232.7002 Policy.
of the WAWF–RA electronic system for keeps historical files that are readily * * * * *
submission and processing of payment available for both contractor and (b) * * * Scanned documents are
requests under DoD contracts. DFARS Government use. In addition, the use of acceptable for processing supporting
Subpart 232.70 presently identifies WAWF–RA has contributed documentation other than receiving
three accepted electronic forms of significantly to improving the timeliness reports and other forms of acceptance.
transmitting payment requests under of payments and to DoD’s goal of * * * * *
DoD contracts. Those are (1) American reducing interest charges for late 3. Section 232.7003 is revised to read
National Standards Institute (ANSI) payments. as follows:
X.12 Electronic Data Interchange (EDI); The proposed rule changes the
(2) Web Invoicing System; and (3) 232.7003 Procedures.
electronic systems available for
WAWF–RA. The proposed rule will still (a) The accepted electronic form for
submitting invoices to DoD.
allow a contractor to submit a payment submission of payment requests is Wide
Approximately 1,000 small entities will
request through an electronic means Area WorkFlow-Receipt and Acceptance
be required to switch from the existing
other than WAWF–RA, or in a non- (see Web site—http://wawf.eb.mil/).
electronic format, if authorized by the WInS to the WAWF–RA system, used by (b) If the payment office and the
contracting officer. In addition, the over 20,000 small entities. Both systems contract administration office concur,
proposed rule will allow contractors to involve submission of invoices through the contracting officer may authorize a
submit ANSI X.12 EDI transactions the World Wide Web. Approximately 1 contractor to submit a payment request
through WAWF–RA. hour is needed to learn the new system. using an electronic form other than
The proposed changes will reduce the No reporting, recordkeeping, or Wide Area WorkFlow-Receipt and
problems created by DoD’s compliance records will be required Acceptance. However, with this
nonintegrated financial systems, by from small entities. All such records authorization, the contractor and the
facilitating the electronic transmission will be generated by DoD as a by- contracting officer shall agree to a plan,
of payment documents and related data. product of the use of the required which shall include a timeline,
WAWF–RA, when fully implemented systems. specifying when the contractor will
and utilized, will eliminate paper DoD invites comments from small transfer to Wide Area WorkFlow-
documents, eliminate redundant data businesses and other interested parties. Receipt and Acceptance.
entry, improve data accuracy, reduce DoD also will consider comments from
the number of lost or misplaced PART 252—SOLICITATION
small entities concerning the affected PROVISIONS AND CONTRACT
documents, and ultimately, result in
DFARS subparts in accordance with 5 CLAUSES
more timely payments to contractors.
U.S.C. 610. Such comments should be
This rule was not subject to Office of 4. Section 252.232–7003 is amended
submitted separately and should cite
Management and Budget review under as follows:
Executive Order 12866, dated DFARS Case 2006–D049.
a. By revising the clause date;
September 30, 1993. C. Paperwork Reduction Act b. In paragraph (a)(2), by revising the
B. Regulatory Flexibility Act last sentence; and
The Paperwork Reduction Act does c. By revising paragraphs (b) and (c)
DoD has prepared an initial regulatory not apply, because the proposed rule to read as follows:
flexibility analysis consistent with 5 does not impose any information
U.S.C. 603. A copy of the analysis may collection requirements that require the 252.232–7003 Electronic Submission of
be obtained from the point of contact approval of the Office of Management Payment Requests.
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specified herein. The analysis is and Budget under 44 U.S.C. 3501, et * * * * *


summarized as follows: seq. ELECTRONIC SUBMISSION OF
The objective of the proposed rule is PAYMENT REQUESTS (XXX 2007)
to fully automate the payment process, (a) * * *
including receiving reports, to (2) * * * However, scanned
significantly improve the timeliness of documents are acceptable when they are

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Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Proposed Rules 45407

part of a submission of a payment proposed designation of critical habitat Public Comments Solicited
request made using Wide Area for Arenaria ursina, Castilleja cinerea, We will accept written comments and
WorkFlow-Receipt and Acceptance and Eriogonumkennedyi var. information during this reopened
(WAWF–RA) or another electronic form austromontanum under the Endangered comment period. We solicit comments
authorized by the Contracting Officer. Species Act of 1973, as amended (Act). on the proposed critical habitat
* * * * * We also announce the availability of the designation for Arenariaursina (Bear
(b) Except as provided in paragraph draft economic analysis for the Valley sandwort), Castillejacinerea
(c) of this clause, the Contractor shall proposed critical habitat designation (Ash-gray Indian paintbrush), and
submit payment requests using WAWF– and an amended Required Eriogonumkennedyi var.
RA, in one of the following electronic Determinations section of the proposal. austromontanum (southern mountain
formats that WAWF–RA accepts: The draft economic analysis forecasts wild-buckwheat) (also collectively
Electronic Data Interchange, Secure File future costs associated with referred to herein as three pebble plains
Transfer Protocol, or World Wide Web conservation efforts for the three listed plants), published in the Federal
input. Information regarding WAWF– plants in the areas proposed for Register on November 22, 2006 (71 FR
RA is available on the Internet at designation to be $1.95 million 67712), and on our draft economic
https://wawf.eb.mil/. (undiscounted) over the next 20 years. analysis of the proposed designation.
(c) The Contractor may submit a The present value of these impacts, We will consider information and
payment request using other than applying a 3 percent discount rate, is recommendations from all interested
WAWF–RA only when— $1.45 million ($0.10 million parties. We are particularly interested in
(1) The Contracting Officer authorizes annualized); or $1.03 million, using a comments concerning:
use of another electronic form. With discount rate of 7 percent ($0.10 million (1) The reasons why habitat should or
such an authorization, the Contractor annualized). The amended Required should not be designated as critical
and the Contracting Officer shall agree Determinations section provides our habitat under section 4 of the Act (16
to a plan, which shall include a determination concerning compliance U.S.C. 1531 et seq.), including whether
timeline, specifying when the with applicable statutes and Executive the benefit of designation will outweigh
Contractor will transfer to Wide Area Orders that we deferred until the threats to these species caused by
WorkFlow-Receipt and Acceptance; information from the draft economic designation, such that designation of
(2) DoD is unable to receive a analysis of this proposal was available. critical habitat is prudent;
payment request in electronic form; or We are reopening the comment period (2) Specific information on the
(3) The Contracting Officer to allow all interested parties to amount and distribution of
administering the contract for payment comment simultaneously on the Arenariaursina, Castillejacinerea, and
has determined, in writing, that proposed rule, the associated draft Eriogonumkennedyi var.
electronic submission would be unduly economic analysis, and the amended austromontanum habitat, and what
burdensome to the Contractor. In such Required Determinations section. areas that were occupied at the time of
cases, the Contractor shall include a listing that contain features essential for
DATES: We will accept public comments
copy of the Contracting Officer’s the conservation of the species should
until September 13, 2007.
determination with each request for be included in the designation and why,
payment. ADDRESSES: Written comments and and what areas that were not occupied
materials may be submitted to us by any at the time of listing are essential to the
* * * * * one of the following methods: conservation of the species and why;
[FR Doc. E7–15928 Filed 8–13–07; 8:45 am] (3) Land use designations and current
(1) E-mail: Please submit electronic
BILLING CODE 5001–08–P
comments to or planned activities in the subject areas
fw8cfwocomments@fws.gov. Include and their possible impacts on proposed
‘‘pebble plains plants’’ in the subject critical habitat;
DEPARTMENT OF THE INTERIOR line. Please see the Public Comments (4) Information on the extent to which
Solicited section under SUPPLEMENTARY any State and local environmental
Fish and Wildlife Service protection measures referred to in the
INFORMATION.
draft economic analysis may have been
50 CFR Part 17 (2) Facsimile: You may send your
adopted largely as a result of the listing
comments to 760–431–5901. of Arenariaursina, Castillejacinerea, and
RIN 1018–AU80
(3) U.S. mail or hand-delivery: You Eriogonumkennedyi var.
Endangered and Threatened Wildlife may submit written comments and austromontanum;
and Plants; Designation of Critical information to Jim Bartel, Field (5) Information on whether the draft
Habitat for Arenaria ursina (Bear Valley Supervisor, Carlsbad Fish and Wildlife economic analysis identifies all State
Sandwort), Castilleja cinerea (Ash-gray Office, 6010 Hidden Valley Road, and local costs attributable to the
Indian Paintbrush), and Eriogonum Carlsbad, CA 92011. proposed critical habitat designation,
kennedyi var. austromontanum (4) Federal eRulemaking Portal: and information on any costs that have
(Southern Mountain Wild-buckwheat) http://www.regulations.gov. Follow the been inadvertently overlooked;
instructions for submitting comments. (6) Information on whether the draft
AGENCY: Fish and Wildlife Service, economic analysis makes appropriate
Interior. FOR FURTHER INFORMATION CONTACT: Jim
assumptions regarding current practices
Bartel, Field Supervisor, Carlsbad Fish
ACTION: Proposed rule; reopening of and likely regulatory changes imposed
and Wildlife Office, at the address listed
comment period, notice of availability as a result of the designation of critical
sroberts on PROD1PC70 with PROPOSALS

in ADDRESSES (telephone: 760–431–


of draft economic analysis, and habitat;
9440). Persons who use a (7) Information on whether the draft
amended Required Determinations. telecommunications device for the deaf economic analysis correctly assesses the
SUMMARY: We, the U.S. Fish and (TDD) may call the Federal Information effect on regional costs associated with
Wildlife Service (Service), announce the Relay Service (FIRS) at 800–877–8339. any land use controls that may derive
reopening of the comment period on the SUPPLEMENTARY INFORMATION: from the designation of critical habitat;

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