Acquisition Regulation; Incorporation of Class Deviation to Notification of Conflicts of Interest Regarding Personnel and Project Employee Confidentiality Agreement, 49033-49036 [2014-19420]
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wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules
revision submitted by the state of
Missouri on May 8, 2012, related to a
Missouri Rule titled, ‘‘Certain Coals to
be Washed.’’ This rule requires
specified coals to be washed prior to
sale in the St. Louis metropolitan area.
This action amends the SIP to update an
outdated reference in the rule.
DATES: Comments on this proposed
action must be received in writing by
September 18, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2014–0582, by mail to Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Comments may
also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Amy Bhesania, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7147, or by email at
bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of the Federal
Register, EPA is approving the state’s
SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
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Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 7, 2014.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2014–19556 Filed 8–18–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1509, 1527, and 1552
[EPA–HQ–OARM–2013–0224; FRL–9915–
19–OARM]
Acquisition Regulation; Incorporation
of Class Deviation to Notification of
Conflicts of Interest Regarding
Personnel and Project Employee
Confidentiality Agreement
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to amend the
EPA Acquisition Regulation (EPAAR) to
incorporate a class deviation to clause
1552.209–73, Notification of Conflicts of
Interest Regarding Personnel, and
1552.227–76, Project Employee
Confidentiality Agreement, and their
respective prescriptions, to include
Alternate 1 for the subcontract flowdown requirements for other than
Superfund work. The class deviation to
the two clauses was executed to address
the increased use of these conflict of
interest (COI) clauses in non-Superfund
contracts to better protect the Agency
from COI. The Superfund flow-down
language in the basic clauses does not
apply or relate to non-Superfund
contracts and would likely be confusing
if the Superfund specific language was
not deleted. The proposed rule also
provides for minor administrative edits.
DATES: Comments must be received on
or before September 18, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OARM–2013–0224, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: humphries.daniel@epa.gov.
• Mail: EPA–HQ–OARM–2013–0224,
OEI Docket, Environmental Protection
Agency, 2822T, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. Please
include a total of three (3) copies.
• Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room
SUMMARY:
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49033
B102, 1301 Constitution Ave. NW.,
Washington, DC 20004. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OARM–2013–
0224. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket, and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment, and with any disk or CD–
ROM you submit. If EPA cannot read
your comment due to technical
difficulties, and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters, any form of encryption, and
be free of any defects or viruses. For
additional information about EPA’s
public docket, visit the EPA Docket
Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov, or in hard copy at
the Office of Environmental Information
(OEI) Docket, EPA/DC, EPA West, Room
3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
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49034
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules
for the Public Reading Room is (202)
566–1744, and the telephone number for
the EPA Docket Center is (202) 566–
1752. This Docket Facility is open from
8:30 a.m. to 4:30 p.m. Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Daniel Humphries, Policy, Training, and
Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: 202–564–
4377; email address: humphries.daniel@
epa.gov.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
I. General Information
1. Submitting CBI. Do not submit this
information to EPA through
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI, and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR Part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The Agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
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• Make sure to submit your
comments by the comment period
deadline identified.
II. Background
EPA is updating the EPAAR to
incorporate a class deviation that was
executed to add subcontract flow-down
requirements for other than Superfund
work to the two clauses: 1552.209–73
and 1552.227–76. The Agency’s COI
clauses are generally written to address
COI for the Superfund programs. These
two clauses are increasingly included in
non-Superfund contracts to better
protect the Agency from COI. The
Superfund specific flow-down language
in the respective clauses do not
generally apply or relate to nonSuperfund contracts and would likely
be confusing if it was not deleted. To
address this, the proposed rule includes
an Alternate 1 that provides subcontract
flow-down requirements for other than
Superfund work, as well as minor
administrative edits.
III. Proposed Rule
This proposed rule includes the
following content changes: (1) Adds
prescriptive language to 1509.507–2(b)
for an Alternate 1 under clause
1552.209–73 that replaces paragraph (d)
for other than Superfund work. (2) For
clause 1552.209–73, Alternate 1 is
added for other than superfund work
under paragraph (d) that addresses
subcontract flow-down requirements.
(3) Under 1527.409, prescriptive
language is added for an Alternate 1 for
clause 1552.227–76 that replaces
paragraph (d) for other than Superfund
work. (4) Under Clause 1552.227–76,
Alternate 1 is added for other than
Superfund work for paragraph (d) that
addresses subcontract flow-down
requirements. (5) The proposed rule also
provides minor administrative edits.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and therefore,
not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. No
information is collected under this
action.
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C. Regulatory Flexibility Act (RFA), as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 et seq.
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute; unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impact
of today’s final rule on small entities,
‘‘small entity’’ is defined as: (1) A small
business that meets the definition of a
small business found in the Small
Business Act and codified at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this rule on small entities, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action revises a current EPAAR
provision and does not impose
requirements involving capital
investment, implementing procedures,
or record keeping. This rule will not
have a significant economic impact on
small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, Local,
and Tribal governments and the private
sector.
This rule contains no Federal
mandates (under the regulatory
provisions of the Title II of the UMRA)
for State, Local, and Tribal governments
or the private sector. The rule imposes
no enforceable duty on any State, Local
or Tribal governments or the private
sector. Thus, the rule is not subject to
the requirements of sections 202 and
205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
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Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules
accountable process to ensure
‘‘meaningful and timely input by State
and Local officials in the development
of regulatory policies that have
federalism implications.’’ ‘‘Policies that
have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government as specified in
Executive Order 13132.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule does not have
tribal implications as specified in
Executive Order 13175.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Executive Order 13045, entitled
‘‘Protection of Children from
Environmental Health and Safety Risks’’
(62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be
economically significant as defined
under Executive Order 12886, and (2)
concerns an environmental health or
safety risk that may have a
proportionate effect on children. This
rule is not subject to Executive Order
13045 because it is not an economically
significant rule as defined by Executive
Order 12866, and because it does not
involve decisions on environmental
health or safety risks.
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C. 272 note) of
NTTA, Public Law 104–113, directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629, Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This proposed
rulemaking does not involve human
health or environmental effects.
49035
PART 1509—CONTRACTOR
QUALIFICATIONS
1. The authority citation for part 1509
continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, as
amended, 40 U.S.C. 486(c).
2. Section 1509.507–2 is amended by
revising paragraphs (a) and (b) and in
paragraph (c) introductory text by
removing the term ‘‘simplified
acquisition procedures’’ and adding in
its place ‘‘simplified acquisitions’’.
The revisions read as follows:
■
1509.507–2
Contract clause.
(a) The Contracting Officer shall
include the clause at 1552.209–71, in all
Superfund contracts in excess of the
simplified acquisition threshold and, as
appropriate, in simplified acquisitions
for Superfund work. Contracts for other
than Superfund work shall include
Alternate I in this clause in lieu of
paragraph (e).
(b) The Contracting Officer shall
include the clause at 1552.209–73, in all
solicitations and contracts for
Superfund work in excess of the
simplified acquisition threshold and, as
appropriate, in simplified acquisitions
for Superfund work. Contracts for other
than Superfund work shall include
Alternate I in this clause in lieu of
paragraph (d).
*
*
*
*
*
PART 1527—PATENTS, DATA, AND
COPYRIGHTS
3. The authority citation for part 1527
continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, as
amended, 40 U.S.C. 486(c).
4. Revise section 1527.409 to read as
follows:
■
1527.409 Solicitation provisions and
contract clauses.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Dated: August 6, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
The Contracting Officer shall insert
the clause in 1552.227–76 in all
Superfund solicitations and contracts in
excess of the simplified acquisition
threshold and, as appropriate, in
simplified acquisitions for Superfund
work. The clause may be used in other
contracts if considered necessary by the
Contracting Officer. Contracts for other
than Superfund work shall include
Alternate I in this clause in lieu of
paragraph (d).
This proposed rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution of Use’’ (66 FR 28335, May
22, 2001), because it is not a significant
Therefore, 48 CFR Chapter 15 is
proposed to be amended as set forth
below:
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Authority: 5 U.S.C. 301; Sec. 205(c), 63
Stat. 390, as amended, 40 U.S.C. 486(c); and
41 U.S.C. 418b.
■
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List of Subjects in 48 CFR Parts 1509,
1527, and 1552
Government procurement.
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5. The authority citation for part 1552
continues to read as follows:
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49036
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules
Authority: 5 U.S.C. 301; Sec. 205(c), 63
Stat. 390, as amended, 40 U.S.C. 486(c); and
41 U.S.C. 418b.
6. 1552.209–73 is amended by
removing the term ‘‘Project Officer’’ in
paragraphs (b) and (c) and adding in its
place ‘‘Contracting Officer’s
Representative’’ and adding Alternate I.
The addition reads as follows:
■
1552.209–73 Notification of conflicts of
interest regarding personnel.
*
*
*
*
*
Alternate I. Contracts for other than
Superfund work shall include Alternate
I in this clause in lieu of paragraph (d).
(d) The Contractor agrees to insert in
each subcontract or consultant
agreement placed hereunder provisions
which shall conform substantially to the
language of this clause, including this
paragraph (d), unless otherwise
authorized by the Contracting Officer.
■ 7. 1552.227–76 is amended by adding
Alternate I to read as follows:
1552.227–76 Project employee
confidentiality agreement.
*
*
*
*
*
Alternate I. Contracts for other than
Superfund work shall include Alternate
I in this clause in lieu of paragraph (d).
(d) The Contractor agrees to insert in
each subcontract or consultant
agreement placed hereunder provisions
which shall conform substantially to the
language of this clause, including this
paragraph (d), unless otherwise
authorized by the Contracting Officer.
[FR Doc. 2014–19420 Filed 8–18–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 13–184; FCC 14–99]
Modernization of the Schools and
Libraries ‘‘E-rate’’ Program
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) seeks further comment on
meeting the future funding needs of the
E-rate program in light of the goals we
adopt for the program in an
accompanying Report and Order. The
Commission acknowledges that
modernizing a program of this size and
scope cannot be accomplished at once
and so it will continue to seek public
input and additional ideas to bring 21st
Century broadband to libraries and
schools throughout the country.
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SUMMARY:
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Comments are due on or before
September 15, 2014 and reply
comments are due on or before
September 30, 2014. If you anticipate
that you will be submitting comments,
but find it difficult to do so within the
period of time allowed by this
document, you should advise the
contact listed below as soon as possible.
ADDRESSES: You may submit comments,
identified by either WC Docket No. 13–
184, by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432. For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
James Bachtell or Kate Dumouchel,
Wireline Competition Bureau,
Telecommunications Access Policy
Division, at (202) 418–7400 or TTY:
(202) 418–0484.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Further
Notice of Proposed Rulemaking
(FNPRM) in WC Docket No. 13–184;
FCC 14–99, adopted on July 11, 2014
and released on July 23, 2014. The full
text of this document is available for
public inspection during regular
business hours in the FCC Reference
Center, Room CY–A257, 445 12th St.
SW., Washington, DC 20554 or at the
following Internet address: https://
www.fcc.gov/document/fcc-releases-erate-modernization-order. The Report
and Order that was adopted
concurrently with the FNPRM is
published elsewhere in this issue of the
Federal Register.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121, May 1, 1998.
D Electronic Filers: Comments may be
filed electronically using the Internet by
DATES:
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accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
D All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
D Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
D U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
I. Further Notice of Proposed
Rulemaking
1. In this FNPRM we seek further
comment on meeting the future funding
needs of the E-rate program in light of
the goals we adopt for the program
today. We also seek comment on several
discrete issues that may further simplify
the administration of the E-rate program
by continuing to reduce the burden on
applicants of applying for and receiving
E-rate support, as well as promoting
cost-effective purchasing through multiyear contracts and consortium
purchasing. Specifically, we seek
comment on ensuring that multi-year
contracts are efficient. We also seek
comment on proposals to ensure the
efficient use of NSLP data. In particular,
we seek to require participating NSLP
schools to use their NSLP eligibility for
purposes of calculating their school’s
discount rate calculation, rather than
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]]>Agencies
[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Proposed Rules]
[Pages 49033-49036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19420]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1509, 1527, and 1552
[EPA-HQ-OARM-2013-0224; FRL-9915-19-OARM]
Acquisition Regulation; Incorporation of Class Deviation to
Notification of Conflicts of Interest Regarding Personnel and Project
Employee Confidentiality Agreement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to amend
the EPA Acquisition Regulation (EPAAR) to incorporate a class deviation
to clause 1552.209-73, Notification of Conflicts of Interest Regarding
Personnel, and 1552.227-76, Project Employee Confidentiality Agreement,
and their respective prescriptions, to include Alternate 1 for the
subcontract flow-down requirements for other than Superfund work. The
class deviation to the two clauses was executed to address the
increased use of these conflict of interest (COI) clauses in non-
Superfund contracts to better protect the Agency from COI. The
Superfund flow-down language in the basic clauses does not apply or
relate to non-Superfund contracts and would likely be confusing if the
Superfund specific language was not deleted. The proposed rule also
provides for minor administrative edits.
DATES: Comments must be received on or before September 18, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0224, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: humphries.daniel@epa.gov.
Mail: EPA-HQ-OARM-2013-0224, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC
20460. Please include a total of three (3) copies.
Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA
West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2013-0224. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket, and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment, and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties, and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov, or in hard copy at the Office of Environmental
Information (OEI) Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number
[[Page 49034]]
for the Public Reading Room is (202) 566-1744, and the telephone number
for the EPA Docket Center is (202) 566-1752. This Docket Facility is
open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: Daniel Humphries, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-4377; email address:
humphries.daniel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI, and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR Part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
EPA is updating the EPAAR to incorporate a class deviation that was
executed to add subcontract flow-down requirements for other than
Superfund work to the two clauses: 1552.209-73 and 1552.227-76. The
Agency's COI clauses are generally written to address COI for the
Superfund programs. These two clauses are increasingly included in non-
Superfund contracts to better protect the Agency from COI. The
Superfund specific flow-down language in the respective clauses do not
generally apply or relate to non-Superfund contracts and would likely
be confusing if it was not deleted. To address this, the proposed rule
includes an Alternate 1 that provides subcontract flow-down
requirements for other than Superfund work, as well as minor
administrative edits.
III. Proposed Rule
This proposed rule includes the following content changes: (1) Adds
prescriptive language to 1509.507-2(b) for an Alternate 1 under clause
1552.209-73 that replaces paragraph (d) for other than Superfund work.
(2) For clause 1552.209-73, Alternate 1 is added for other than
superfund work under paragraph (d) that addresses subcontract flow-down
requirements. (3) Under 1527.409, prescriptive language is added for an
Alternate 1 for clause 1552.227-76 that replaces paragraph (d) for
other than Superfund work. (4) Under Clause 1552.227-76, Alternate 1 is
added for other than Superfund work for paragraph (d) that addresses
subcontract flow-down requirements. (5) The proposed rule also provides
minor administrative edits.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
therefore, not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
For purposes of assessing the impact of today's final rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR provision and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
This rule contains no Federal mandates (under the regulatory
provisions of the Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of sections 202 and 205 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an
[[Page 49035]]
accountable process to ensure ``meaningful and timely input by State
and Local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government as
specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications as specified in Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution of Use'' (66 FR 28335, May 22, 2001), because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C. 272 note) of NTTA, Public Law 104-113,
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed rulemaking does not involve human health or
environmental effects.
List of Subjects in 48 CFR Parts 1509, 1527, and 1552
Government procurement.
Dated: August 6, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
PART 1509--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for part 1509 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
2. Section 1509.507-2 is amended by revising paragraphs (a) and (b) and
in paragraph (c) introductory text by removing the term ``simplified
acquisition procedures'' and adding in its place ``simplified
acquisitions''.
The revisions read as follows:
1509.507-2 Contract clause.
(a) The Contracting Officer shall include the clause at 1552.209-
71, in all Superfund contracts in excess of the simplified acquisition
threshold and, as appropriate, in simplified acquisitions for Superfund
work. Contracts for other than Superfund work shall include Alternate I
in this clause in lieu of paragraph (e).
(b) The Contracting Officer shall include the clause at 1552.209-
73, in all solicitations and contracts for Superfund work in excess of
the simplified acquisition threshold and, as appropriate, in simplified
acquisitions for Superfund work. Contracts for other than Superfund
work shall include Alternate I in this clause in lieu of paragraph (d).
* * * * *
PART 1527--PATENTS, DATA, AND COPYRIGHTS
0
3. The authority citation for part 1527 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
4. Revise section 1527.409 to read as follows:
1527.409 Solicitation provisions and contract clauses.
The Contracting Officer shall insert the clause in 1552.227-76 in
all Superfund solicitations and contracts in excess of the simplified
acquisition threshold and, as appropriate, in simplified acquisitions
for Superfund work. The clause may be used in other contracts if
considered necessary by the Contracting Officer. Contracts for other
than Superfund work shall include Alternate I in this clause in lieu of
paragraph (d).
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. The authority citation for part 1552 continues to read as follows:
[[Page 49036]]
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
0
6. 1552.209-73 is amended by removing the term ``Project Officer'' in
paragraphs (b) and (c) and adding in its place ``Contracting Officer's
Representative'' and adding Alternate I.
The addition reads as follows:
1552.209-73 Notification of conflicts of interest regarding
personnel.
* * * * *
Alternate I. Contracts for other than Superfund work shall include
Alternate I in this clause in lieu of paragraph (d).
(d) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder provisions which shall conform
substantially to the language of this clause, including this paragraph
(d), unless otherwise authorized by the Contracting Officer.
0
7. 1552.227-76 is amended by adding Alternate I to read as follows:
1552.227-76 Project employee confidentiality agreement.
* * * * *
Alternate I. Contracts for other than Superfund work shall include
Alternate I in this clause in lieu of paragraph (d).
(d) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder provisions which shall conform
substantially to the language of this clause, including this paragraph
(d), unless otherwise authorized by the Contracting Officer.
[FR Doc. 2014-19420 Filed 8-18-14; 8:45 am]
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