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

                                                 required by statute, unless the Federal                  approves a State rule implementing a                   DEPARTMENT OF DEFENSE
                                                 government provides the funds                            Federal standard.
                                                 necessary to pay the direct compliance                                                                          GENERAL SERVICES
                                                 costs incurred by State and local                        H. Executive Order 13211, Actions That                 ADMINISTRATION
                                                 governments, or EPA consults with                        Significantly Affect Energy Supply,
                                                 State and local officials early in the                   Distribution, or Use                                   NATIONAL AERONAUTICS AND
                                                 process of developing the proposed                                                                              SPACE ADMINISTRATION
                                                                                                            This rule is not subject to Executive
                                                 regulation. EPA also may not issue a
                                                                                                          Order 13211, ‘‘Actions Concerning                      48 CFR Parts 2, 17, 22, 36, and 52
                                                 regulation that has federalism
                                                 implications and that preempts State                     Regulations That Significantly Affect
                                                                                                          Energy Supply, Distribution, or Use’’ (66              [FAR Case 2009–005; Docket 2009–0024;
                                                 law unless the Agency consults with                                                                             Sequence 1]
                                                 State and local officials early in the                   FR 28355, May 22, 2001) because it is
                                                 process of developing the proposed                       not a significant regulatory action under              RIN 9000–AL31
                                                 regulation.                                              Executive Order 12866.
                                                   This rule will not have substantial                                                                           Federal Acquisition Regulation; FAR
                                                                                                          I. National Technology Transfer and                    Case 2009–005, Use of Project Labor
                                                 direct effects on the States, on the
                                                                                                          Advancement Act                                        Agreements for Federal Construction
                                                 relationship between the national
                                                 government and the States, or on the                                                                            Projects
                                                                                                            Section 12 of the National Technology
                                                 distribution of power and                                Transfer and Advancement Act                           AGENCY: Department of Defense (DoD),
                                                 responsibilities among the various                       (NTTAA) of 1995 requires Federal                       General Services Administration (GSA),
                                                 levels of government, as specified in                    agencies to evaluate existing technical                and National Aeronautics and Space
                                                 Executive Order 13132, because it                        standards when developing a new                        Administration (NASA).
                                                 merely approves a State rule                                                                                    ACTION: Proposed rule.
                                                                                                          regulation. To comply with NTTAA,
                                                 implementing a Federal standard, and
                                                                                                          EPA must consider and use ‘‘voluntary                  SUMMARY: The Civilian Agency
                                                 does not alter the relationship or the
                                                 distribution of power and                                consensus standards’’ (VCS) if available               Acquisition Council and the Defense
                                                 responsibilities established in the Clean                and applicable when developing                         Acquisition Regulations Council
                                                 Air Act. Thus, the requirements of                       programs and policies unless doing so                  (Councils) are proposing to amend the
                                                 section 6 of the Executive Order do not                  would be inconsistent with applicable                  Federal Acquisition Regulation (FAR) to
                                                 apply to this rule.                                      law or otherwise impractical.                          implement Executive Order (E.O.)
                                                                                                            The EPA believes that VCS are                        13502, Use of Project Labor Agreements
                                                 F. Executive Order 13175, Coordination                                                                          for Federal Construction Projects. The
                                                 With Indian Tribal Governments                           inapplicable to this action. Today’s
                                                                                                          action does not require the public to                  new E.O. encourages Federal
                                                    Executive Order 13175, entitled                       perform activities conducive to the use                departments and agencies to consider
                                                 ‘‘Consultation and Coordination with                                                                            requiring the use of project labor
                                                                                                          of VCS.
                                                 Indian Tribal Governments’’ (65 FR                                                                              agreements for Federal construction
                                                 67249, November 9, 2000), requires EPA                   List of Subjects in 40 CFR Part 52                     projects where the total cost to the
                                                 to develop an accountable process to                                                                            Government is more than $25 million in
                                                 ensure ‘‘meaningful and timely input by                    Environmental protection, Air                        order to promote economy and
                                                 Tribal officials in the development of                   pollution control, Intergovernmental                   efficiency in Federal procurement.
                                                 regulatory policies that have Tribal                     relations, Nitrogen dioxide, Ozone,                    DATES: Interested parties should submit
                                                 implications.’’ This proposed rule does                  Reporting and recordkeeping                            written comments to the Regulatory
                                                 not have Tribal implications, as                         requirements, Volatile organic                         Secretariat on or before August 13, 2009
                                                 specified in Executive Order 13175. It                   compounds.                                             to be considered in the formulation of
                                                 will not have substantial direct effects                      Authority: 42 U.S.C. 7401 et seq.                 a final rule.
                                                 on Tribal governments, on the                                                                                   ADDRESSES: Submit comments
                                                 relationship between the Federal                           Dated: June 30, 2009.
                                                                                                                                                                 identified by FAR case 2009–005 by any
                                                 government and Indian Tribes, or on the                  Jane Diamond,                                          of the following methods:
                                                 distribution of power and                                Acting Regional Administrator, Region IX.                 • Regulations.gov: http://
                                                 responsibilities between the Federal                     [FR Doc. E9–16642 Filed 7–13–09; 8:45 am]              www.regulations.gov. Submit comments
                                                 government and Indian Tribes. Thus,                      BILLING CODE 6560–50–P
                                                                                                                                                                 via the Federal eRulemaking portal by
                                                 Executive Order 13175 does not apply                                                                            inputting ‘‘FAR Case 2009–005’’ under
                                                 to this rule.                                                                                                   the heading ‘‘Comment or Submission’’.
                                                    EPA specifically solicits additional                                                                         Select the link ‘‘Send a Comment or
                                                 comment on this proposed rule from                                                                              Submission’’ that corresponds with FAR
                                                 Tribal officials.                                                                                               Case 2009–005. Follow the instructions
                                                 G. Executive Order 13045, Protection of                                                                         provided to complete the ‘‘Public
                                                 Children From Environmental Health                                                                              Comment and Submission Form’’.
                                                 Risks and Safety Risks                                                                                          Please include your name, company
                                                                                                                                                                 name (if any), and ‘‘FAR Case 2009–
                                                    EPA interprets Executive Order 13045                                                                         005’’ on your attached document.
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                                                 (62 FR 19885, April 23, 1997) as                                                                                   • Fax: 202–501–4067.
                                                 applying only to those regulatory                                                                                  • Mail: General Services
                                                 actions that concern health or safety                                                                           Administration, Regulatory Secretariat
                                                 risks, such that the analysis required                                                                          (VPR), 1800 F Street, NW., Room 4041,
                                                 under section 5–501 of the Executive                                                                            ATTN: Hada Flowers, Washington, DC
                                                 Order has the potential to influence the                                                                        20405.
                                                 regulation. This rule is not subject to                                                                            Instructions: Please submit comments
                                                 Executive Order 13045, because it                                                                               only and cite FAR case 2009–005 in all


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                                                 33954                    Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules

                                                 correspondence related to this case. All                    • Provide a new FAR Subpart 22.5,                  Regulatory Flexibility Analysis has not
                                                 comments received will be posted                         Use of Project Labor Agreements for                   been performed. The Councils will
                                                 without change to http://                                Federal Construction Projects.                        consider comments from small entities
                                                 www.regulations.gov, including any                          • Add a new provision at 52.222–XX,                concerning the affected FAR Parts 2, 17,
                                                 personal and/or business confidential                    Notice of Requirement for Project Labor               22, 36, and 52, in accordance with 5
                                                 information provided.                                    Agreement, to be included in                          U.S.C. 610. Interested parties must
                                                 FOR FURTHER INFORMATION CONTACT: For                     solicitations where the agency has                    submit such comments separately and
                                                 clarification of content, contact Mr.                    exercised its discretion to require a                 should cite 5 U.S.C. 601, et seq.; (FAR
                                                 Ernest Woodson, Procurement Analyst,                     project labor agreement as prescribed at              case 2009–005), in correspondence.
                                                 at (202) 501–3775. For information                       FAR 22.505(a).
                                                                                                             • Add a new clause 52.222–YY,                      C. Paperwork Reduction Act
                                                 pertaining to status or publication
                                                 schedules, contact the Regulatory                        Project Labor Agreement, to be included                  The Paperwork Reduction Act of 1995
                                                 Secretariat at (202) 501–4755. Please                    in contracts in accordance with FAR                   (44 U.S.C. 3501 et seq.) addresses the
                                                 cite FAR case 2009–005.                                  22.505(b).                                            collection of information by the Federal
                                                                                                             The Councils invite comment on the                 government from individuals, small
                                                 SUPPLEMENTARY INFORMATION:
                                                                                                          process, in which the solicitation                    businesses and state and local
                                                 A. Background                                            incorporates the provision providing for              governments and seeks to minimize the
                                                    On February 6, 2009, the President                    submission of the project labor                       burdens such information collection
                                                 issued E.O. 13502 which encourages                       agreement prior to the contract award                 requirements might impose. A
                                                 executive agencies to consider requiring                 (i.e., should agencies require this from              collection of information includes
                                                 the use of project labor agreements in                   each offeror as part of its bid or only               providing answers to identical questions
                                                 connection with large scale construction                 from an apparent successful offeror).                 posed to, or identical reporting or
                                                 projects in order to promote economy                        The Councils are also considering                  record-keeping requirements imposed
                                                 and efficiency in Federal procurement.                   factors for the contracting officer to                on ten or more persons, other than
                                                 The E.O. encourages executive                            consider, on a project-by-project basis,              agencies, instrumentalities, or
                                                 departments and agencies to consider                     in determining whether use of a project               employees of the United States. In
                                                 the use of project labor agreements for                  labor agreement will be in the best                   accordance with the requirements of the
                                                 construction projects where the total                    interest of the Government. The                       Paperwork Reduction Act, agencies may
                                                 cost to the Government is valued at $25                  Councils welcome public comment on                    not conduct or sponsor, and the
                                                 million or more and permits agencies on                  the factors that should be considered,                respondent is not required to respond
                                                 a project-by-project basis to require the                such as the difficulty of coordinating                to, an information collection unless it
                                                 use of a project labor agreement where                   multiple contracts in the absence of a                displays a currently valid Office of
                                                 certain criteria would be met.                           project labor agreement, the importance               Management and Budget (OMB) control
                                                    The term ‘‘project labor agreement’’                  of timely project completion, etc.                    number or the number appears in the
                                                 means a pre-hire collective bargaining                      The Director of the Office of                      Code of Federal Regulations (see FAR
                                                 agreement with one or more labor                         Management and Budget (OMB) is                        1.106).
                                                 organizations that establishes the terms                 working with the Secretary of Labor and                  The Paperwork Reduction Act (Pub.
                                                 and conditions of employment for a                       other officials, to provide                           L. 104–13) applies because the proposed
                                                 specific construction project and is an                  recommendations to the President on                   rule contains information collection
                                                 agreement described in 29 U.S.C. 158(f).                 whether to broaden the application of                 requirements. Accordingly, the
                                                    The E.O. describes how project labor                  project labor agreements on both                      Regulatory Secretariat will submit a
                                                 agreements may help agencies manage                      construction projects awarded under                   request for approval of a new
                                                 workforce challenges that arise in                       Federal contracts and construction                    information collection requirement
                                                 connection with large-scale construction                 projects receiving Federal financial                  concerning FAR Case 2009–005 to the
                                                 projects. For example, large-scale                       assistance, to promote the economical,                OMB under 44 U.S.C. Chapter 35, et seq.
                                                 construction projects typically involve                  efficient, and timely completion of such                 Pursuant to 44 U.S.C. 3506(c)(2)(B),
                                                 multiple employers at a single location.                 projects.                                             the Councils solicit comments
                                                    The E.O. explains that a ‘‘lack of                       This is a significant regulatory action            concerning: whether these information
                                                 coordination among various employers,                    and, therefore, was subject to review                 collection requirements are necessary
                                                 or uncertainties about the terms and                     under Section 6(b) of Executive Order                 for the Government to properly perform
                                                 conditions of employment of various                      12866, Regulatory Planning and Review,                its functions, including whether the
                                                 groups of workers, can create friction                   dated September 30, 1993. This rule is                information has practical utility; the
                                                 and disputes in the absence of an                        not a major rule under 5 U.S.C. 804.                  accuracy of the estimates of the burden
                                                 agreed-upon resolution and                                                                                     of the information collection
                                                                                                          B. Regulatory Flexibility Act                         requirements; the quality, utility, and
                                                 mechanism’’. The use of project labor
                                                 agreements may ‘‘prevent these                              The Councils do not expect this                    clarity of the information to be
                                                 problems from developing by providing                    proposed rule to have a significant                   collected; and whether the burden of
                                                 structure and stability to large-scale                   economic impact on a substantial                      collecting information on those who are
                                                 construction projects thereby promoting                  number of small entities within the                   to respond, including through the use of
                                                 the efficient and expeditious completion                 meaning of the Regulatory Flexibility                 automated collection techniques or
                                                 of Federal construction contracts.’’ A                   Act, 5 U.S.C. 601, et seq., because the               other forms of information technology,
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                                                 project labor agreement may help an                      rationale for this determination is based             may be minimized.
                                                 agency manage these problems by                          on the discretionary nature of the                       The rule will apply to large-scale
                                                 providing an agreed-upon resolution                      regulation being promulgated and the                  construction projects where the cost to
                                                 mechanism that promotes the efficient                    fact that the application of the rule is              the Government is $25 million or more
                                                 and expeditious completion of Federal                    only in connection with large scale                   and where agencies have determined
                                                 construction projects.                                   construction projects over $25 million                that use of a project labor agreement, in
                                                    In accordance with E.O. 13502, this                   (those that would likely impact large                 accordance with requirements
                                                 proposed rule amends the FAR to—                         businesses). Therefore, an Initial                    prescribed by this rule, will advance the


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                                                                                Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules                                              33955

                                                 Government’s interest in achieving                               quality, utility, and clarity of the                  Subpart 22.5 Use of Project Labor
                                                 economy and efficiency in the resulting                          information to be collected; and ways in              Agreements for Federal Construction
                                                 procurement. Most prime contractors for                          which we can minimize the burden of                   Projects.
                                                 such projects are large business                                 the collection of information on those
                                                 concerns. We estimate the annual total                           who are to respond, through the use of                Sec.
                                                 burden hours as follows:                                         appropriate technological collection                  22.501 Scope of subpart.
                                                    Based on Fiscal Year 2008 data                                                                                      22.502 Definitions.
                                                                                                                  techniques or other forms of information              22.503 Policy.
                                                 regarding the types of contracts to                              technology.                                           22.504 General requirements for project
                                                 which this information collection                                   Requester may obtain a copy of the                      labor agreements.
                                                 applies, it is estimated that there are                          justification from the General Services               22.505 Solicitation provision and contract
                                                 approximately 300 large-scale                                    Administration, Regulatory Secretariat                     clause.1
                                                 construction contracts (including                                (VPR), Room 4041, Washington, DC                      22.501 Scope of subpart.
                                                 Architectural and Engineering contracts)                         20405, telephone (202) 501–4755. Please                 This subpart prescribes policies and
                                                 exceeding $25 million that could be                              cite OMB Control Number 9000–00XX,                    procedures to implement Executive
                                                 subject to an agency determination for                           Use of Project Labor Agreements for                   Order 13502, February 6, 2009.
                                                 use of project labor agreements. Based                           Federal Construction Projects, in all
                                                 on advice of labor advisors,                                     correspondence.                                       22.502    Definitions.
                                                 approximately 10 percent of these types                                                                                   As used in this subpart—
                                                 of projects may be deemed appropriate                            List of Subjects in 48 CFR Parts 2, 17,                  Construction means construction,
                                                 for a project labor agreement. Therefore,                        22, 36, and 52                                        rehabilitation, alteration, conversion,
                                                 it is estimated the information                                      Government procurement.                           extension, repair, or improvement of
                                                 collection requirement would apply to                                                                                  buildings, highways, or other real
                                                                                                                    Dated: July 9, 2009.
                                                 approximately 30 large-scale                                                                                           property.
                                                 construction contracts per year. Each                            Al Matera,
                                                                                                                                                                           Labor organization means a labor
                                                 contract would require one project labor                         Director, Office of Acquisition Policy.               organization as defined in 29 U.S.C.
                                                 agreement submission prior to or after                             Therefore, the Councils propose                     152(5).
                                                 award; therefore, the estimated number                           amending 48 CFR parts 2, 17, 22, 36,                     Large-scale construction project
                                                 of annual respondents is 30. Project                             and 52 as set forth below:                            means a construction project, including
                                                 labor agreements are often negotiated in                           1. The authority citation for 48 CFR                all contracts associated with the project,
                                                 advance of the solicitation phase for a                          parts 2, 17, 22, 36, and 52 continues to              where the total cost to the Federal
                                                 procurement, as the large-scale projects                         read as follows:                                      Government is $25 million or more.
                                                 are defined. The estimated time for                                Authority: 40 U.S.C. 121(c); 10 U.S.C.                 Project labor agreement means a pre-
                                                 reporting of this information is 1 hour                          chapter 137; and 42 U.S.C. 2473(c).                   hire collective bargaining agreement
                                                 to cover copying and submitting the                                                                                    with one or more labor organizations
                                                 agreement to the Government.                                     PART 2—DEFINITIONS OF WORDS                           that establishes the terms and
                                                    We estimate the total annual public                           AND TERMS                                             conditions of employment for a specific
                                                 cost burden for these elements to be                                                                                   construction project and is an agreement
                                                 $900, based on the following:                                    2.101    [Amended]                                    described in 29 U.S.C. 158(f).
                                                                                                                     2. Amend section 2.101(b)(2) in the
                                                 Respondents .....................................          30    third sentence in the definition                      22.503    Policy.
                                                 Responses/respondent .....................                 ×1    ‘‘Construction’’ by removing the words                  Project labor agreements are a tool
                                                                                                                  ‘‘personal property’’ and adding                      that agencies may use to promote
                                                 Responses .........................................        30                                                          economy and efficiency in Federal
                                                 Hours per response ..........................              ×1    ‘‘personal property (except that for use
                                                                                                                  in Subpart 22.5, see the definition at                procurement. Pursuant to Executive
                                                     Total hours ...............................             30   22.502).’’                                            Order 13502, agencies are encouraged to
                                                 Cost per hour ...................................        × $30                                                         consider requiring the use of project
                                                                                                                  PART 17—SPECIAL CONTRACTING                           labor agreements in connection with
                                                       Total annual cost to public ......                 $900    METHODS                                               large-scale construction projects.
                                                 D. Request for Comments Regarding                                   3. In section 17.603 revise paragraph              22.504 General requirements for project
                                                 Paperwork Burden                                                 (c) to read as follows:                               labor agreements.
                                                   Submit comments, including                                                                                              (a)(1) Agencies may require the use of
                                                 suggestions for reducing this burden,                            17.603    Limitations.                                project labor agreements where use of
                                                 not later than August 13, 2009 to: FAR                           *     *    *      *    *                              such agreements will—
                                                 Desk Officer, OMB, Room 10102, NEOB,                               (c) For use of project labor                           (i) Advance the Federal Government’s
                                                 Washington, DC 20503, and a copy to                              agreements, see Subpart 22.5.                         interest in achieving economy and
                                                 the General Services Administration,                                                                                   efficiency in Federal procurement,
                                                 Regulatory Secretariat (VPR), 1800 F                             PART 22—APPLICATION OF LABOR                          producing labor-management stability,
                                                 Street, NW, Room 4041, Washington,                               LAWS TO GOVERNMENT                                    and ensuring compliance with laws and
                                                 DC 20405.                                                        ACQUISITIONS                                          regulations governing safety and health,
                                                   Public comments are particularly                                                                                     equal employment opportunity, labor
                                                                                                                    4. In section 22.101–1 revise
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                                                 invited on: Whether this collection of                                                                                 and employment standards, and other
                                                                                                                  paragraph (b)(2) to read as follows:
                                                 information is necessary for the proper                                                                                matters; and,
                                                 performance of functions of the FAR,                             *     *     *    *     *                                 (ii) Be consistent with law.
                                                 and will have practical utility; whether                           (b)(1) * * * *                                         (2) If an agency determines that use of
                                                 our estimate of the public burden of this                          (2) For use of project labor                        a project labor agreement will meet the
                                                 collection of information is accurate,                           agreements, see Subpart 22.5.                         standards set forth in paragraphs
                                                 and based on valid assumptions and                                 5. Add Subpart 22.5 to Part 22 to read              (a)(1)(i) and (ii) of this section, the
                                                 methodology; ways to enhance the                                 as follows:                                           agency has complete discretion—


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                                                 33956                     Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules

                                                   (i) To require that every contractor                      (d) For requirements on the use of                    8. Add section 52.222–YY to read as
                                                 and subcontractor on the project agree,                   project labor agreements for Federal                  follows:
                                                 for that project, to negotiate or become                  construction projects, see part 22,
                                                 a party to a project labor agreement with                 Subpart 22.5 of this chapter.                         52.222–YY        Project Labor Agreement.
                                                 one or more appropriate labor                             *     *     *    *     *                                As prescribed in 22.505(b)(1), insert
                                                 organizations; or                                                                                               the following clause:
                                                   (ii) To decide not to require the use                   PART 52—SOLICITATION PROVISIONS
                                                 of a project labor agreement.                             AND CONTRACT CLAUSES                                  PROJECT LABOR AGREEMENT
                                                   (b) Project labor agreements                                                                                  (DATE)
                                                 established under this subpart shall—                       7. Add section 52.222–XX to read as
                                                                                                                                                                   (a) Definitions. As used in this clause—
                                                   (1) Bind all contractors and                            follows:                                                Labor organization means a labor
                                                 subcontractors on the construction                                                                              organization as defined in 29 U.S.C. 152(5).
                                                                                                           52.222–XX Notice of Requirement for
                                                 project to comply with the project labor                  Project Labor Agreement.                                Project labor agreement means a pre-hire
                                                 agreement;                                                                                                      collective bargaining agreement with one or
                                                   (2) Allow all contractors and                             As prescribed in 22.505(a)(1), insert
                                                                                                                                                                 more labor organizations that establishes the
                                                 subcontractors to compete for contracts                   the following provision:                              terms and conditions of employment for a
                                                 and subcontracts without regard to                        NOTICE OF REQUIREMENT FOR                             specific construction project and is an
                                                 whether they are otherwise parties to                     PROJECT LABOR AGREEMENT                               agreement described in 29 U.S.C. 158(f).
                                                 collective bargaining agreements;                         (DATE)                                                  (b) The Contractor shall maintain in a
                                                   (3) Contain guarantees against strikes,                                                                       current status throughout the life of the
                                                 lockouts, and similar job disruptions;                      (a) Definitions. Labor organization and             contract the project labor agreement entered
                                                   (4) Set forth effective, prompt, and                    project labor agreement, as used in this              into prior to the award of this contract in
                                                 mutually binding procedures for                           provision, are defined in the clause of this          accordance with solicitation provision
                                                                                                           solicitation entitled Project Labor Agreement.        52.222–XX, Notice of Requirement for Project
                                                 resolving labor disputes arising during                     (b) Consistent with applicable law, the
                                                 the term of the project labor agreement;                                                                        Labor Agreement.
                                                                                                           apparent successful offeror will be required            (c) Subcontracts. The Contractor shall
                                                   (5) Provide other mechanisms for                        to execute a project labor agreement with one         include the substance of this clause,
                                                 labor-management cooperation on                           or more appropriate labor organizations for           including this paragraph (c), in all
                                                 matters of mutual interest and concern,                   the term of the resulting construction                subcontracts.
                                                 including productivity, quality of work,                  contract.
                                                 safety, and health; and                                     (c) Any project labor agreement reached             (End of Clause)
                                                   (6) Fully conform to all statutes,                      pursuant to this provision shall—
                                                 regulations, and Executive orders.                          (1) Bind the offeror and all subcontractors           Alternate I (Date). As prescribed in
                                                                                                           on the construction project to comply with            22.505(b)(2), substitute the following
                                                 22.505 Solicitation provision and contract                the project labor agreement;
                                                 clause.
                                                                                                                                                                 paragraphs (b) through (g) for
                                                                                                             (2) Allow the offeror and all subcontractors
                                                                                                           to compete for contracts and subcontracts             paragraphs (b) and (c) of the basic
                                                   (a)(1) For acquisition of large-scale
                                                                                                           without regard to whether they are otherwise          clause:
                                                 construction projects, if the agency
                                                 makes a determination pursuant to this                    parties to collective bargaining agreements;            (b) Consistent with applicable law, the
                                                                                                             (3) Contain guarantees against strikes,             contractor agrees to bargain in good faith to
                                                 subpart that a project labor agreement                    lockouts, and similar job disruptions;
                                                 will be required, the contracting officer                                                                       a project labor agreement with one or more
                                                                                                             (4) Set forth effective, prompt, and                appropriate labor organizations for the term
                                                 shall insert the provision at 52.222–XX,                  mutually binding procedures for resolving             of this construction contract. The contractor
                                                 Notice of Requirement for Project Labor                   labor disputes arising during the project labor       shall submit an executed copy of the project
                                                 Agreement, in all solicitations                           agreement;                                            labor agreement to the Contracting Officer.
                                                 associated with the project.                                (5) Provide other mechanisms for labor-               (c) Any project labor agreement reached
                                                   (2) If an agency allows submission of                   management cooperation on matters of                  pursuant to this clause shall—
                                                 the project labor agreement after                         mutual interest and concern, including                  (1) Bind the Contractor and all
                                                 contract award, the contracting officer                   productivity, quality of work, safety, and            subcontractors on the construction project to
                                                                                                           health; and
                                                 shall use the provision with its                                                                                comply with the project labor agreement;
                                                                                                             (6) Fully conform to all statutes,
                                                 Alternate I in accordance with agency                                                                             (2) Allow the Contractor and all
                                                                                                           regulations, and Executive orders.
                                                 procedures.                                                                                                     subcontractors to compete for contracts and
                                                                                                             (d) Any project labor agreement reached
                                                   (b)(1) For acquisition of large-scale                                                                         subcontracts without regard to whether they
                                                                                                           pursuant to this provision does not change
                                                 construction projects, if the agency                                                                            are otherwise parties to collective bargaining
                                                                                                           the terms of this contract or provide for any
                                                 makes a determination pursuant to this                    price adjustment by the Government.                   agreements;
                                                                                                                                                                   (3) Contain guarantees against strikes,
                                                 subpart that a project labor agreement                      (e) The Government will not participate in
                                                                                                           the negotiations of any project labor                 lockouts, and similar job disruptions;
                                                 will be required, the contracting officer                                                                         (4) Set forth effective, prompt, and
                                                 shall insert the clause at 52.222–YY,                     agreement.
                                                                                                             (f) The apparent successful offeror shall           mutually binding procedures for resolving
                                                 Project Labor Agreement in all contracts                                                                        labor disputes arising during the project labor
                                                                                                           submit to the Contracting Officer a copy of
                                                 associated with the project.                              the project labor agreement—reached                   agreement;
                                                   (2) If an agency allows submission of                   pursuant to this provision prior to contract            (5) Provide other mechanisms for labor-
                                                 the project labor agreement after                         award.                                                management cooperation on matters of
                                                 contract award, the contracting officer                                                                         mutual interest and concern, including
                                                 shall use the clause with its Alternate I                 (End of Provision)                                    productivity, quality of work, safety, and
                                                 in accordance with agency procedures.                       Alternate I (DATE) As prescribed in                 health; and
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                                                                                                                                                                   (6) Fully conform to all statutes,
                                                                                                           22.505(a)(2), substitute the following
                                                 PART 36—CONSTRUCTION AND                                                                                        regulations, and Executive orders.
                                                                                                           paragraph (b) in lieu of paragraphs (b)                 (d) Any project labor agreement reached
                                                 ARCHITECT-ENGINEER CONTRACTS                              through (f) of the basic clause:                      pursuant to this provision does not change
                                                   6. In section 36.202 revise paragraph                     (b) Consistent with applicable law, the             the terms of this contract or provide for any
                                                 (d) to read as follows:                                   contractor agrees to bargain in good faith to         price adjustment by the Government.
                                                                                                           a project labor agreement with one or more              (e) The Government will not participate in
                                                 36.202     Specifications.                                appropriate labor organizations for the term          the negotiations of any project labor
                                                 *      *      *       *       *                           of the resulting construction contract.               agreement.



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                                                                          Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules                                             33957

                                                   (f) The Contractor shall maintain in a                 or commercial information indicating                  parakeet (Brotogeris pyrrhoptera),
                                                 current status throughout the life of the                that listing the remaining 12 species of              hyacinth macaw (Anodorhynchus
                                                 contract the project labor agreement entered             parrots may be warranted. Therefore,                  hyacinthinus), military macaw (Ara
                                                 into pursuant to this clause.                            with the publication of this notice, we               militaris), Philippine cockatoo (Cacatua
                                                   (g) Subcontracts. The Contractor shall
                                                 include the substance of this clause,
                                                                                                          are initiating a status review of these 12            haematuropygia), red-crowned parrot
                                                 including this paragraph (g), in all                     species of parrots to determine if listing            (Amazona viridigenalis), scarlet macaw
                                                 subcontracts.                                            is warranted. To ensure that the status               (Ara macao), white cockatoo (Cacatua
                                                                                                          reviews are comprehensive, we are                     alba), yellow-billed parrot (Amazona
                                                 (End of Provision)                                       soliciting scientific and commercial data             collaria), and yellow-crested cockatoo
                                                 [FR Doc. E9–16619 Filed 7–10–09; 11:15 am]               regarding these 12 species.                           (Cacatua sulphurea). We request
                                                                                                          Additionally, we are seeking any recent               scientific and commercial information
                                                 BILLING CODE 6820–EP–P
                                                                                                          information concerning the blue-                      from the public, concerned
                                                                                                          throated macaw so that it can be taken                governmental agencies, the scientific
                                                                                                          into consideration in our evaluation of               community, industry, or any other
                                                 DEPARTMENT OF THE INTERIOR                               its status when we do our re-evaluation               interested parties on the status of the 12
                                                                                                          as part of the 2009 Annual Notice of                  parrot species that will be addressed as
                                                 Fish and Wildlife Service                                                                                      part of this petition, as well as the blue-
                                                                                                          Review.
                                                                                                                                                                throated macaw (Ara glaucogularis),
                                                 50 CFR Part 17                                           DATES: We made the finding announced
                                                                                                                                                                throughout their range, including but
                                                                                                          in this document on July 14, 2009. To
                                                 [FWS-R9-IA-2009-0016; 96100-1671-9FLS-                                                                         not limited to:
                                                                                                          allow us adequate time to conduct the                    (1) Information on taxonomy,
                                                 B6]
                                                                                                          12–month status review, we request that               distribution, habitat selection and
                                                 Endangered and Threatened Wildlife                       we receive information on or before                   trends (especially breeding and foraging
                                                 and Plants; 90-Day Finding on a                          September 14, 2009.                                   habitats), diet, and population
                                                 Petition to List 14 Parrot Species as                    ADDRESSES: You may submit                             abundance and trends (especially
                                                 Threatened or Endangered                                 information by one of the following                   current recruitment data) of these
                                                                                                          methods:                                              species.
                                                 AGENCY: Fish and Wildlife Service,                          • Federal rulemaking Portal: http://                  (2) Information on the effects of
                                                 Interior.                                                www.regulations.gov. Follow the                       habitat loss and changing land uses on
                                                 ACTION: Notice of 90–day petition                        instructions for submitting comments.                 the distribution and abundance of these
                                                 finding and initiation of status review.                    • U.S. mail or hand-delivery: Public               species and their principal prey species
                                                                                                          Comments Processing, Attn: FWS-R9-                    over the short and long term.
                                                 SUMMARY: We, the U.S. Fish and                           IA-2009-0016; Division of Policy and                     (3) Information on the effects of other
                                                 Wildlife Service (Service), announce a                   Directives Management; U.S. Fish and                  potential threat factors, including live
                                                 90–day finding on a petition to list as                  Wildlife Service; 4401 N. Fairfax Drive,              capture and hunting, domestic and
                                                 threatened or endangered under the                       Suite 222; Arlington, VA 22203.                       international trade, predation by other
                                                 Endangered Species Act of 1973, as                          We will not accept e-mail or faxes. We             animals, and diseases of these species or
                                                 amended (Act), the following 14 parrot                   will post all comments on http://                     their principal prey over the short and
                                                 species: Blue-throated macaw (Ara                        www.regulations.gov. This generally                   long term.
                                                 glaucogularis), blue-headed macaw                        means that we will post any personal                     (4) Information on management
                                                 (Primolius couloni), crimson shining                     information you provide us (see the                   programs for parrot conservation,
                                                 parrot (Prosopeia splendens), great                      Information Solicited section below for               including mitigation measures related to
                                                 green macaw (Ara ambiguus), grey-                        more information).                                    conservation programs, and any other
                                                 cheeked parakeet (Brotogeris                             FOR FURTHER INFORMATION CONTACT:                      private, tribal, or governmental
                                                 pyrrhoptera), hyacinth macaw                             Douglas Krofta, Chief, Branch of Listing,             conservation programs that benefit these
                                                 (Anodorhynchus hyacinthinus), military                   Endangered Species, U.S. Fish and                     species.
                                                 macaw (Ara militaris), Philippine                        Wildlife Service, 4401 North Fairfax                     (5) Information relevant to whether
                                                 cockatoo (Cacatua haematuropygia),                       Drive, Room 420, Arlington, Virginia                  any populations of these species may
                                                 red-crowned parrot (Amazona                              22203; telephone 703-358-2105. If you                 qualify as distinct population segments.
                                                 viridigenalis), scarlet macaw (Ara                       use a telecommunications device for the                  (6) Information on captive
                                                 macao), thick-billed parrot                              deaf (TDD), call the Federal Information              populations and captive breeding and
                                                 (Rhynchopsitta pachyrhyncha), white                      Relay Service (FIRS) at 800-877-8339.                 domestic trade of these species in the
                                                 cockatoo (Cacatua alba), yellow-billed                   SUPPLEMENTARY INFORMATION:                            United States.
                                                 parrot (Amazona collaria), and yellow-                                                                            We will base our 12–month finding
                                                 crested cockatoo (Cacatua sulphurea).                    Information Solicited                                 on a review of the best scientific and
                                                 The thick-billed parrot is listed as an                     When we make a finding that                        commercial information available,
                                                 endangered species under the Act                         substantial information is presented to               including all information received
                                                 throughout its range. As such, we will                   indicate that listing a species may be                during the public comment period.
                                                 not be addressing it further as part of                  warranted, we are required to promptly                Please note that comments merely
                                                 this petition. We have also previously                   commence a review of the status of the                stating support or opposition to the
                                                 determined that the blue-throated                        species. To ensure that the status review             actions under consideration without
sroberts on DSKD5P82C1PROD with PROPOSALS




                                                 macaw warrants listing in response to a                  is complete and based on the best                     providing supporting information,
                                                 1991 petition and has been a candidate                   available scientific and commercial                   although noted, will not be part of the
                                                 species since. Because we have recently                  information, we are soliciting                        basis of this determination, as section
                                                 re-evaluated the status of this species as               information on the following 12 parrot                4(b)(1)(A) of the Act (16 U.S.C. 1531 et
                                                 part of our 2008 Annual Notice of                        species: Blue-headed macaw (Primolius                 seq.) directs that determinations as to
                                                 Review, we will not address it further as                couloni), crimson shining parrot                      whether any species is a threatened or
                                                 part of this petition. We find that the                  (Prosopeia splendens), great green                    endangered species shall be made
                                                 petition presents substantial scientific                 macaw (Ara ambiguus), grey-cheeked                    ‘‘solely on the basis of the best scientific


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