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75188 Federal Register / Vol. 71, No.

240 / Thursday, December 14, 2006 / Proposed Rules

(c) For indefinite delivery contracts, contracting officer anticipates that the not prescribed, insert ‘‘30th’’] day after
the individual order does not provide cost of providing performance-based receipt of the request for performance-based
for progress payments; and payments would have a significant payment by the designated payment office. *
(d) For other than an indefinite impact on determining the best value **
delivery contract, the contract does not offer, the solicitation should state that * * * * *
provide for progress payments. the evaluation of the offeror’s proposed (End of clause)
7. Amend section 32.1004 by— prices will include an adjustment to [FR Doc. 06–9678 Filed 12–13–06; 8:45 am]
a. Revising the 3rd sentence of reflect the estimated cost to the BILLING CODE 6820–EP–S
paragraph (a)(1); Government of providing each offeror’s
b. Revising paragraph (a)(2)(iii); proposed performance-based payments
c. Revising the introductory text of (see Alternate I to the provision at DEPARTMENT OF THE INTERIOR
paragraph (b)(2); 52.232–28).
d. Adding a new sentence to the end Fish and Wildlife Service
of paragraph (b)(2)(ii); * * * * *
e. Redesignating paragraphs (c), (d), 8. Amend section 32.1005 by—
a. Revising the introductory text of 50 CFR Part 10
and (e) as (d), (e), and (f) respectively,
and adding a new paragraph (c); paragraph (a); and RIN 1018–AB72
f. Revising the 2nd sentence of the b. Removing from paragraph (b)(2)
newly redesignated paragraph (f)(1)(ii); ‘‘32.1004(e)’’ and adding ‘‘32.1004(f)’’ in General Provisions; Revised List of
and its place. Migratory Birds
g. Removing from the newly The revised text reads as follows:
AGENCY: Fish and Wildlife Service,
redesignated paragraph (f)(2)(ii) 32.1005 Solicitation provision and Interior.
‘‘(e)(1)(ii)’’ and adding ‘‘(f)(1)(ii)’’ in its contract clause. ACTION: Proposed rule; reopening of
place. (a) Insert the clause at 52.232–32,
The revised and added text reads as comment period.
Performance-Based Payments, in—
follows: SUMMARY: We, the Fish and Wildlife
* * * * *
32.1004 Procedures. 9. Amend section 32.1007 by— Service, are reopening the comment
a. Revising paragraph (a); period for our proposed rule to revise
* * * * *
(a) * * * (1) * * * The signing of b. Removing from paragraph (b)(2) the list of migratory birds protected by
contracts or modifications, the exercise ‘‘32.1004(c)’’ and adding ‘‘32.1004(d)’’ the Migratory Bird Treaty Act (MBTA)
of options, the passage of time, or other in its place; and to allow interested persons additional
such occurrences do not represent c. Adding to the end of paragraph (c) time to prepare and submit comments.
meaningful efforts or actions and shall a new sentence. DATES: We will consider all comments
not be identified as events or criteria for The revised and added text reads as that we receive on or before December
performance-based payments. * * * follows: 29, 2006.
* * * * * 32.1007 Administration and payment of ADDRESSES: Submit your comments on
(2) * * * performance-based payments. this proposal in one of the following
(iii) The contract must specifically (a) Responsibility. The contracting ways:
identify cumulative events or criteria officer responsible for administering 1. By postal mail to Chief, Division of
and identify which events or criteria are performance-based payments (see Migratory Bird Management, U.S. Fish
preconditions for the successful 42.302(a)(12)) for the contract shall and Wildlife Service, 4401 North Fairfax
achievement of each cumulative event review and approve all performance- Drive, Mail Stop 4107, Arlington, VA
or criterion. based payments for that contract. 22203;
* * * * * 2. By hand-delivery to U.S. Fish and
* * * * *
(b) * * * Wildlife Service, Division of Migratory
(c) * * * Reviews shall not include
(2) Total performance-based payments Bird Management, 4501 North Fairfax
verification of actual cost unless the
shall— Drive, Room 4000, Arlington, VA 22203.
purpose is to assist in establishing
* * * * * By prior arrangement, materials
revised or new performance-based
(ii) * * * Unless otherwise provided available for public inspection can also
payment milestones or values.
in agency procedures, the contracting be examined at this location;
* * * * * 3. By fax to (703) 358–2272; or
officer shall document the rationale for
establishing the performance-based 4. By e-mail to mbtabirdlist@fws.gov;
PART 52—SOLICITATION PROVISIONS
payment rate if the performance-based or
AND CONTRACT CLAUSES
payment rate is less than the 5. By the Federal eRulemaking Portal
contractor’s applicable progress 10. Amend section 52.232–32 by at http://www.regulations.gov.
payment rate. revising the date of the clause and the FOR FURTHER INFORMATION CONTACT: John
* * * * * second sentence of paragraph (c)(2) to L. Trapp, (703) 358–1714.
(c) Payment Amount. The contracting read as follows: SUPPLEMENTARY INFORMATION: On August
officer shall not limit the amount of a 52.232–32 Performance-Based Payments. 24, 2006, we published in the Federal
performance-based payment to a Register (71 FR 50194–50221) a
* * * * *
percentage of actual incurred cost for PERFORMANCE-BASED PAYMENTS proposed rule to revise the List of
the scheduled event or performance (DATE) Migratory Birds by adding numerous
species and removing numerous
jlentini on PROD1PC65 with PROPOSAL

criteria.
* * * * *
* * * * * (c) * * * species. The proposed rule is available
(f) * * * (2) * * * The designated payment office for online viewing or downloading at
(1) * * * will pay approved requests on the http://www.fws.gov/migratorybirds/.
(ii) * * * Unless agencies prescribe lllllllll [Contracting Officer Our reasons for proposing changes to
other evaluation procedures, if the insert day as prescribed by agency head; if the list include correcting previous

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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 75189

mistakes, including misspellings; DATES: We will accept comments from pungens var. pungens habitat, and what
adding species based on new evidence all interested parties until February 12, areas should be included in the
of occurrence in the United States or 2007. We must receive requests for designations that were occupied at the
U.S. territories; removing species no public hearings, in writing, at the time of listing that contain the features
longer known to occur within the address shown in the ADDRESSES section that are essential for the conservation of
United States; and changing names by January 29, 2007. the species and why, and what areas
based on new taxonomy. The net ADDRESSES: If you wish to comment, that were not occupied at the time of
increase of 140 species (152 added and you may submit your comments and listing are essential to the conservation
12 removed) would bring to 972 the materials concerning this proposal by of the species and why;
total number of species protected by the any one of several methods: (3) Land use designations and current
MBTA (16 U.S.C. 703–711). 1. You may mail or hand-deliver or planned activities in the subject areas
We regulate most aspects of the written comments and information to and their possible impacts on proposed
taking, possession, transportation, sale, Diane Noda, Field Supervisor, U.S. Fish critical habitat;
purchase, barter, exportation, and and Wildlife Service, Ventura Fish and (4) Any foreseeable economic,
importation of migratory birds. An Wildlife Office (VFWO), 2493 Portola national security, or other potential
accurate and up-to-date list of species Road, Suite B, Ventura, California impacts resulting from the proposed
protected by the MBTA is essential for 93003. designation and, in particular, any
regulatory purposes. 2. You may send comments by impacts on small entities;
electronic mail (e-mail) to (5) Whether our approach to
The comment period for the proposed designating critical habitat could be
rule ended October 23, 2006. We are fw8mosp@fws.gov. Please see the Public
Comments Solicited section below for improved or modified in any way to
reopening the comment period for an provide for greater public participation
additional 15 days (see DATES) to allow file format and other information about
electronic filing. and understanding, or to assist us in
interested persons additional time to accommodating public concerns and
3. You may fax your comments to
prepare and submit comments. We will comments;
805/644–3958.
also consider all comments received 4. You may go to the Federal (6) This proposed designation’s
between October 24, 2006 (the day after eRulemaking Portal: http:// revised criteria for determining essential
the close of the original comment www.regulations.gov. Follow the features and critical habitat boundaries;
period) and the date of this notice. instructions for submitting comments. and
Dated: December 5, 2006. Comments and materials received, as (7) The existence of any conservation
David M. Verhey, well as supporting documentation used or management plans being
Acting Assistant Secretary for Fish and in the preparation of this proposed rule, implemented by California State Parks,
Wildlife and Parks. will be available for public inspection, Bureau of Land Management (BLM) on
[FR Doc. E6–21313 Filed 12–13–06; 8:45 am] by appointment, during normal business former Fort Ord, or other public or
BILLING CODE 4310–55–P
hours at the VFWO 2493 Portola Road, private land management agencies or
Suite B, Ventura, California 93003 owners that we should consider for
(telephone 805/644–1766). exclusion from the designation pursuant
DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: to section 4(b)(2) of the Act. Please
Diane Noda, Field Supervisor, VFWO, include information on any benefits
Fish and Wildlife Service 2493 Portola Road, Suite B, Ventura, (educational, regulatory, etc.) of
California 93003, (telephone 805/644– including or excluding lands from this
50 CFR Part 17 1766, ext. 319; facsimile 805/644–3958). proposed revised designation.
Persons who use a telecommunications If you wish to comment, you may
RIN 1018–AU83 device for the deaf (TDD) may call the submit your comments and materials
Federal Information Relay Service concerning this proposal by any one of
Endangered and Threatened Wildlife (FIRS) at 800–877–8339, 7 days a week several methods (see ADDRESSES
and Plants; Designation of Critical and 24 hours a day. section). Please submit Internet
Habitat for the Monterey Spineflower SUPPLEMENTARY INFORMATION: comments to fw8mosp@fws.gov in ASCII
(Chorizanthe pungens var. pungens) file format and avoid the use of special
Public Comments Solicited characters or any form of encryption.
AGENCY: Fish and Wildlife Service, We intend that any final action Please also include ‘‘Attn: Chorizanthe
Interior. resulting from this proposal will be as pungens var. pungens’’ in your e-mail
ACTION: Proposed rule. accurate and as effective as possible. subject header and your name and
Therefore, comments or suggestions return address in the body of your
SUMMARY: In response to a settlement from the public, other concerned message. If you do not receive a
agreement, we, the U.S. Fish and governmental agencies, the scientific confirmation from the system that we
Wildlife Service (Service), propose to community, industry, or any other have received your Internet message,
revise currently designated critical interested party concerning this contact us directly by calling our VFWO
habitat for the Monterey spineflower proposed rule are hereby solicited. at phone number 805/644–1766, ext.
(Chorizanthe pungens var. pungens) Comments particularly are sought 333. Please note that the Internet
pursuant to the Endangered Species Act concerning: address, fw8mosp@fws.gov, will be
of 1973, as amended (Act). In total, (1) The reasons any habitat should or closed out at the termination of the
approximately 11,032 acres (ac) (4,466 should not be determined to be critical public comment period.
hectares (ha)) fall within the boundaries Our practice is to make comments,
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habitat as provided by section 4 of the


of the proposed revision to the critical Act, including whether the benefit of including names and home addresses of
habitat designation. The proposed designation will outweigh any threats to respondents, available for public review
revision to critical habitat is located in the species due to designation; during regular business hours.
Santa Cruz and Monterey Counties, (2) Specific information on the Individual respondents may request that
California. amount and distribution of Chorizanthe we withhold their names and home

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