EPAAR Clause for Work Assignments, 75434-75437 [2014-29311]
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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations
particular applicability. This document
does not contain information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any information collection
burden ‘‘for small business concerns
with fewer than 25 employees,’’
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
q. Remove Madras, under Oregon,
Channel *243C1 and The Dalles,
Channel *268C3.
■ r. Remove Susquehanna, under
Pennsylvania, Channel *227A.
■ s. Remove Burnet, under Texas,
Channel *240A and Denver City,
Channel *248C2.
■ t. Remove Shenandoah, under
Virginia, Channel *296A.
■ u. Remove Chewlah, under
Washington, Channel *274C3.
■ v. Remove St Marys, under West
Virginia, Channel *287A.
■ w. Remove Augusta, under
Wisconsin, Channel *268C3 and
Washburn, Channel *284A.
■ x. Remove Channel *226A, under
Virgin Islands, at Charlotte Amalie.
■
[FR Doc. 2014–29584 Filed 12–17–14; 8:45 am]
BILLING CODE 6712–01–P
PART 73—RADIO BROADCASTING
SERVICES
DEPARTMENT OF DEFENSE
1. The authority citation for part 73
continues to read as follows:
GENERAL SERVICES
ADMINISTRATION
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
§ 73.202
[Amended]
2. Amend § 73.202(b), the Table of FM
Allotments, as follows:
■ a. Remove Anniston, under Alabama,
Channel *261C3.
■ b. Remove Willcox, under Arizona,
Channel *223C3.
■ c. Remove McKinleyville, under
California, Channel *277C3.
■ d. Remove Big Pine Key, under
Florida, Channel *239A and Live Oak,
Channel *261A.
■ e. Remove Reynolds, under Georgia,
Channel *245A.
■ f. Remove Weiser, under Idaho,
Channel *280C1.
■ g. Remove Canton, under Illinois,
Channel *277A; Clifton, Channel
*297A; and Freeport, Channel *295A.
■ h. Remove Columbus, under Indiana,
Channel *228A and Farmersburg,
Channel *242A.
■ i. Remove Moville, under Iowa,
Channel *246A.
■ j. Remove Smith Mills, under
Kentucky, Channel *233A.
■ k. Remove Ringgold, under Louisiana,
Channel *253C3.
■ l. Remove Hubbardston, under
Michigan, Channel *279A.
■ m. Remove Huntsville, under
Missouri, Channel *278C2.
■ n. Remove Alamo Community, under
New Mexico, Channel *298A.
■ o. Remove Berthold, under North
Dakota, Channel *264C.
■ p. Remove Weatherford, under
Oklahoma, Channel *286A and
Wynnewood, Channel *283A.
■
tkelley on DSK3SPTVN1PROD with RULES
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
VerDate Sep<11>2014
17:09 Dec 17, 2014
Jkt 235001
48 CFR Parts 1, 22, and 52
[FAC 2005–79; FAR Case 2015–003; Item
I; Docket No. 2014–0050; Sequence No. 1]
RIN 9000–AM82
Federal Acquisition Regulation;
Establishing a Minimum Wage for
Contractors
Correction
In rule document 2014–29137
beginning on page 74544 in the issue of
Monday, December 15, 2014, make the
following corrections:
1. On page 74545, in the first column,
in the 8th line, ‘‘February 13, 2015’’
should read ‘‘December 15, 2014’’.
2. On the same page, in the second
column, in the seventh line, remove the
word ‘‘Applicability’’.
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
3. On page 74549, in Part 1, in the
third column, in the fourteenth and
fifteenth lines, the heading for Part 1 is
correction to read as set forth above.
■
§ 52.212–5
[Corrected]
4. On page 74552, in section 52.212–
5(c)(10), in the second column, in the
sixteenth line, ‘‘DEC 2014)’’ should read
‘‘(DEC 2014)’’.
■
[FR Doc. C1–2014–29137 Filed 12–17–14; 8:45 am]
BILLING CODE 1505–01–D
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ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1511 and 1552
[EPA–HQ–OARM–2012–0476; FRL 9920–48–
OARM]
EPAAR Clause for Work Assignments
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to
update policy, procedures, and contract
clauses. This final rule updates the
EPAAR clause, Work Assignments.
DATES: This final rule is effective on
December 18, 2014.
ADDRESSES: 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
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:
Thomas Valentino, Policy, Training, and
Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: 202–564–
4522; email address: valentino.thomas@
epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On December 3, 2009, the Office of
Acquisition Management (OAM) Head
of the Contracting Activity (HCA) issued
a class deviation that revised the
prescription for the subject clause by
eliminating the requirement that EPA
include total estimated labor hours
when issuing work assignments. The
revised prescription is necessary
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because including total estimated labor
hours when work assignments are
issued undermines the negotiation
process by providing the contractor no
incentive to seek more efficient or
innovative approaches to meet the
Government’s needs under a work
assignment. The revised prescription
advises contracting officers (COs) that
when the nature of the work is
nonspecific with changing
circumstances (e.g., services at new
hazardous waste sites, Research &
Development in new areas with
uncertain potential results) then the CO
may provide the contractor with the
estimated labor hours. Otherwise, COs
should not authorize the contractor to
expend the level of effort beyond the
effort needed to develop the work plan.
The revised prescription was published
in the Federal Register on February 14,
2012. As a result, the subject clause text
is being updated to make it consistent
with the revised prescription.
In addition, the work assignment
clause prescription is modified to make
the clause applicable to EPA costreimbursement contracts, and the
subject prescription and clause are
being updated to add two alternate
clause versions. Currently the subject
clause has Alternates I and II that are
used in Superfund contracts and require
the contractor to provide a COI
certification. This clause update adds
Alternates III and IV which are
substantially the same as I and II but are
written for non-Superfund contracts. A
class deviation for Alternates III and IV
was issued by the HCA on June 29,
1994. On July 18, 2014 (79 FR 41949)
EPA sought comments on the proposed
rule and received no comments.
II. Final Rule
This final rule updates the EPAAR to
revise paragraphs (b) and (c) in EPAAR
clause 1552.211–74, Work Assignments,
and revises paragraph (b) of the
corresponding 1511.011–74
prescription. Alternates III and IV are
also being added to clause 1552.211–74.
III. Statutory and Executive Order
Reviews
tkelley on DSK3SPTVN1PROD with RULES
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 E.O.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
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17:09 Dec 17, 2014
Jkt 235001
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 recordkeeping. 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.
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E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
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
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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations
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 (E.O.) 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 affects.
tkelley on DSK3SPTVN1PROD with RULES
List of Subjects
PART 1511—DESCRIBING AGENCY
NEEDS
1. The authority citation for 48 CFR
part 1511 continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, as
amended, 40 U.S.C. 486(c).
2. Revise paragraph (b) of 1511.011–
74 to read as follows:
■
1511.011–74
Work Assignments.
*
*
*
*
*
(b) Contract Clause. The CO shall
insert the contract clause at
1552.211.74, Work Assignments, in costreimbursement contracts when work
assignments are used.
(1) For Superfund contracts, except
for contracts which require annual
conflict of interest certificates (e.g., SiteSpecific contracts, the Contract
Laboratory Program (CLP), Sample
Management Office (SMO) contracts),
the CO shall use the clause with either
Alternate I or Alternate II. Alternate I
shall be used for contractors who have
at least three (3) years of records that
may be searched for certification
purposes. Alternate II shall be used for
contractors who do not have at least
three (3) years of records that may be
searched.
(2) For non-Superfund contracts, the
CO shall use the clause with either
Alternate III or Alternate IV. Alternate
III shall be used for contractors who
have at least three (3) years of records
that may be searched for certification
purposes. Alternate IV shall be used for
contractors who do not have at least
three (3) years of records that may be
searched.
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for 48 CFR
part 1552 continues to read as follows:
■
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.
4. Revise 1552.211–74 to read as
follows:
1552.211–74
Government procurement.
48 CFR Part 1552
Government procurement, Reporting
and recordkeeping requirements.
17:09 Dec 17, 2014
Therefore, 48 CFR chapter 15 is
amended as set forth below:
■
48 CFR Part 1511
VerDate Sep<11>2014
Dated: December 1, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
Jkt 235001
Work assignments.
As prescribed in 1511.011–74, insert
the following contract clause in costreimbursement contracts when work
assignments are to be used.
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Work Assignments (DEC 2014)
(a) The contractor shall perform work
under this contract as specified in written
work assignments issued by the Contracting
Officer.
(b) Each work assignment may include (1)
a numerical designation, (2) approved
workplan labor hours or an estimated initial
level of effort provided in accordance with
1511.011–74, (3) the period of performance
and schedule of deliverables, and (4) the
description of the work.
(c) The Contractor shall acknowledge
receipt of each work assignment by returning
to the Contracting Officer a signed copy of
the work assignment within l calendar days
after its receipt. The Contractor shall begin
working on a work plan immediately upon
receipt of a work assignment. Within l
calendar days after receipt of a work
assignment, the Contractor shall submit l
copies of a work plan to the Contract-level
Contracting Officer’s Representative and l
copies to the Contracting Officer. The work
plan shall include a detailed technical and
staffing plan and a detailed cost estimate.
Within l calendar days after receipt of the
work plan, the Contracting Officer will
provide written approval or disapproval of it
to the Contractor. The Contractor is not
authorized to start work without an approved
work plan unless approved by the
Contracting Officer or otherwise specified.
Also, if the Contracting Officer disapproves
a work plan, the Contractor shall stop work
until the problem causing the disapproval is
resolved. In either case, the Contractor shall
resume work only when the Contracting
Officer approves the work plan.
(d) This clause does not change the
requirements of the ‘‘Level of Effort’’ clause,
nor the notification requirements of either
the ‘‘Limitation of Cost’’ or ‘‘Limitation of
Funds’’ clauses.
(e) Work assignments shall not allow for
any change to the terms or conditions of the
contract. Where any language in the work
assignment may suggest a change to the terms
or conditions, the Contractor shall
immediately notify the Contracting Officer.
(End of clause)
Alternate I. As prescribed in 1511.011–74,
modify the existing clause by adding the
following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
(COI) certification. Where work assignments
or similar tasking documents are issued
under this contract for work on or directly
related to a site, the Contractor is only
required to provide a COI certification for the
first work assignment issued for that site. For
all subsequent work on that site under this
contract, the Contractor has a continuing
obligation to search and report any actual or
potential COIs, but no additional COI
certifications are required.
Before submitting the COI certification, the
Contractor shall search its records
accumulated, at a minimum, over the past
three years immediately prior to the receipt
of the work assignment or similar tasking
document. In the COI certification, the
Contractor must certify to the best of the
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Contractor’s knowledge and belief that all
actual or potential organizational COIs have
been reported to the Contracting Officer, or
that to the best of the Contractor’s knowledge
and belief, no actual or potential
organizational COIs exist. In addition, the
Contractor must certify that its personnel
who perform work under this work
assignment or relating to this work
assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment or other
work related to this site.
Alternate II. As prescribed in 1511.011–74,
modify the existing clause by adding the
following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
(COI) certification. Where work assignments
or similar tasking documents are issued
under this contract for work on or directly
related to a site, the Contractor is only
required to provide a COI certification for the
first work assignment issued for that site. For
all subsequent work on that site under this
contract, the Contractor has a continuing
obligation to search and report any actual or
potential COIs, but no additional COI
certifications are required.
Before submitting the COI certification, the
Contractor shall initially search through all of
its available records to identify any actual or
potential COIs. During the first three years of
this contract, the Contractor shall search
through all records created since the
beginning of the contract plus the records of
the Contractor prior to the award of the
contract until a minimum of three years of
records are accumulated. Once three years of
records have accumulated, prior to certifying,
the Contractor shall search its records
accumulated, at a minimum, over the past
three years immediately prior to the receipt
of the work assignment or similar tasking
document. In the COI certification, the
Contractor must certify to the best of the
Contractor’s knowledge and belief, that all
actual or potential organizational COIs have
been reported to the Contracting Officer, or
that to the best of the Contractor’s knowledge
and belief, no actual or potential
organizational COIs exist. In addition, the
Contractor must certify that its personnel
who perform work under this work
assignment or relating to this work
assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment or other
work related to this site.
Alternate III. As prescribed in 1511.011–
74, modify the existing clause by adding the
following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
(COI) certification.
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17:09 Dec 17, 2014
Jkt 235001
Before submitting the COI certification, the
Contractor shall search its records
accumulated, at a minimum, over the past
three years immediately prior to the receipt
of the work assignment or similar tasking
document. In the COI certification, the
Contractor must certify to the best of the
Contractor’s knowledge and belief that all
actual or potential organizational COIs have
been reported to the Contracting Officer, or
that to the best of the Contractor’s knowledge
and belief, no actual or potential
organizational COIs exist. In addition, the
Contractor must certify that its personnel
who perform work under this work
assignment or relating to this work
assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment.
Alternate IV. As prescribed in 1511.011–
74, modify the existing clause by adding the
following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
(COI) certification.
Before submitting the COI certification, the
Contractor shall initially search through all of
its available records to identify any actual or
potential COIs. During the first three years of
this contract, the Contractor shall search
through all records created since the
beginning of the contract plus records of the
Contractor prior to the award of the contract
until a minimum of three years of records
have accumulated. Once three years of
records have accumulated, prior to certifying,
the Contractor shall search its records, at a
minimum, over the past three years
immediately prior to the receipt of the work
assignment or similar tasking document. In
the COI certification, the Contractor must
certify to the best of the Contractor’s
knowledge and belief that all actual or
potential organizational COIs have been
reported to the Contracting Officer, or that to
the best of the Contractor’s knowledge and
belief, no actual or potential organizational
COIs exist. In addition, the Contractor must
certify that its personnel who perform work
under this work assignment or relating to this
work assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment.
(End of clause)
[FR Doc. 2014–29311 Filed 12–17–14; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 392 and 396
[Docket No. FMCSA–2012–0336]
RIN 2126–AB46
Inspection, Repair, and Maintenance;
Driver-Vehicle Inspection Report
(DVIR)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA rescinds the
requirement that commercial motor
vehicle (CMV) drivers operating in
interstate commerce, except drivers of
passenger-carrying CMVs, submit, and
motor carriers retain, DVIRs when the
driver has neither found nor been made
aware of any vehicle defects or
deficiencies. This rule also harmonizes
the pre- and post-trip inspection lists. It
responds in part to the President’s
January 2011 Regulatory Review and
Reform initiative, removing a significant
information collection burden without
adversely impacting safety. The Agency
also makes a technical change to
§ 396.11 to eliminate redundant
language.
SUMMARY:
This final rule is effective
December 18, 2014.
Petitions for Reconsideration of this
final rule must be submitted to FMCSA
Administrator no later than January 20,
2015.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Mike Huntley, Vehicle and
Roadside Operations Division, Office of
Bus and Truck Standards and
Operations, Federal Motor Carrier Safety
Administration, telephone: 202–366–
4325.
DATES:
SUPPLEMENTARY INFORMATION:
Executive Summary of the Benefits and
Costs
This rule affects all motor carriers
currently subject to 49 CFR 396.11, both
private and for-hire, with the exception
of operators of passenger-carrying
CMVs. Current safety regulations
require drivers employed by motor
carriers to prepare a written report at the
completion of each day’s work, on each
vehicle operated, that lists any defect or
deficiency discovered by or reported to
the driver which would affect the safety
of operation of the vehicle or result in
its mechanical breakdown. This report
must be submitted to the employing
E:\FR\FM\18DER1.SGM
18DER1
]]>Agencies
[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Rules and Regulations]
[Pages 75434-75437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29311]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1511 and 1552
[EPA-HQ-OARM-2012-0476; FRL 9920-48-OARM]
EPAAR Clause for Work Assignments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to update policy, procedures, and
contract clauses. This final rule updates the EPAAR clause, Work
Assignments.
DATES: This final rule is effective on December 18, 2014.
ADDRESSES: 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 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: Thomas Valentino, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-4522; email address:
valentino.thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2009, the Office of Acquisition Management (OAM)
Head of the Contracting Activity (HCA) issued a class deviation that
revised the prescription for the subject clause by eliminating the
requirement that EPA include total estimated labor hours when issuing
work assignments. The revised prescription is necessary
[[Page 75435]]
because including total estimated labor hours when work assignments are
issued undermines the negotiation process by providing the contractor
no incentive to seek more efficient or innovative approaches to meet
the Government's needs under a work assignment. The revised
prescription advises contracting officers (COs) that when the nature of
the work is nonspecific with changing circumstances (e.g., services at
new hazardous waste sites, Research & Development in new areas with
uncertain potential results) then the CO may provide the contractor
with the estimated labor hours. Otherwise, COs should not authorize the
contractor to expend the level of effort beyond the effort needed to
develop the work plan. The revised prescription was published in the
Federal Register on February 14, 2012. As a result, the subject clause
text is being updated to make it consistent with the revised
prescription.
In addition, the work assignment clause prescription is modified to
make the clause applicable to EPA cost-reimbursement contracts, and the
subject prescription and clause are being updated to add two alternate
clause versions. Currently the subject clause has Alternates I and II
that are used in Superfund contracts and require the contractor to
provide a COI certification. This clause update adds Alternates III and
IV which are substantially the same as I and II but are written for
non-Superfund contracts. A class deviation for Alternates III and IV
was issued by the HCA on June 29, 1994. On July 18, 2014 (79 FR 41949)
EPA sought comments on the proposed rule and received no comments.
II. Final Rule
This final rule updates the EPAAR to revise paragraphs (b) and (c)
in EPAAR clause 1552.211-74, Work Assignments, and revises paragraph
(b) of the corresponding 1511.011-74 prescription. Alternates III and
IV are also being added to clause 1552.211-74.
III. 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 E.O.
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
recordkeeping. 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 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
[[Page 75436]]
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 (E.O.) 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 affects.
List of Subjects
48 CFR Part 1511
Government procurement.
48 CFR Part 1552
Government procurement, Reporting and recordkeeping requirements.
Dated: December 1, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR chapter 15 is amended as set forth below:
PART 1511--DESCRIBING AGENCY NEEDS
0
1. The authority citation for 48 CFR part 1511 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
2. Revise paragraph (b) of 1511.011-74 to read as follows:
1511.011-74 Work Assignments.
* * * * *
(b) Contract Clause. The CO shall insert the contract clause at
1552.211.74, Work Assignments, in cost-reimbursement contracts when
work assignments are used.
(1) For Superfund contracts, except for contracts which require
annual conflict of interest certificates (e.g., Site-Specific
contracts, the Contract Laboratory Program (CLP), Sample Management
Office (SMO) contracts), the CO shall use the clause with either
Alternate I or Alternate II. Alternate I shall be used for contractors
who have at least three (3) years of records that may be searched for
certification purposes. Alternate II shall be used for contractors who
do not have at least three (3) years of records that may be searched.
(2) For non-Superfund contracts, the CO shall use the clause with
either Alternate III or Alternate IV. Alternate III shall be used for
contractors who have at least three (3) years of records that may be
searched for certification purposes. Alternate IV shall be used for
contractors who do not have at least three (3) years of records that
may be searched.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citation for 48 CFR part 1552 continues to read as
follows:
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
4. Revise 1552.211-74 to read as follows:
1552.211-74 Work assignments.
As prescribed in 1511.011-74, insert the following contract clause
in cost-reimbursement contracts when work assignments are to be used.
Work Assignments (DEC 2014)
(a) The contractor shall perform work under this contract as
specified in written work assignments issued by the Contracting
Officer.
(b) Each work assignment may include (1) a numerical
designation, (2) approved workplan labor hours or an estimated
initial level of effort provided in accordance with 1511.011-74, (3)
the period of performance and schedule of deliverables, and (4) the
description of the work.
(c) The Contractor shall acknowledge receipt of each work
assignment by returning to the Contracting Officer a signed copy of
the work assignment within _ calendar days after its receipt. The
Contractor shall begin working on a work plan immediately upon
receipt of a work assignment. Within _ calendar days after receipt
of a work assignment, the Contractor shall submit _ copies of a work
plan to the Contract-level Contracting Officer's Representative and
_ copies to the Contracting Officer. The work plan shall include a
detailed technical and staffing plan and a detailed cost estimate.
Within _ calendar days after receipt of the work plan, the
Contracting Officer will provide written approval or disapproval of
it to the Contractor. The Contractor is not authorized to start work
without an approved work plan unless approved by the Contracting
Officer or otherwise specified. Also, if the Contracting Officer
disapproves a work plan, the Contractor shall stop work until the
problem causing the disapproval is resolved. In either case, the
Contractor shall resume work only when the Contracting Officer
approves the work plan.
(d) This clause does not change the requirements of the ``Level
of Effort'' clause, nor the notification requirements of either the
``Limitation of Cost'' or ``Limitation of Funds'' clauses.
(e) Work assignments shall not allow for any change to the terms
or conditions of the contract. Where any language in the work
assignment may suggest a change to the terms or conditions, the
Contractor shall immediately notify the Contracting Officer.
(End of clause)
Alternate I. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification. Where work assignments or similar
tasking documents are issued under this contract for work on or
directly related to a site, the Contractor is only required to
provide a COI certification for the first work assignment issued for
that site. For all subsequent work on that site under this contract,
the Contractor has a continuing obligation to search and report any
actual or potential COIs, but no additional COI certifications are
required.
Before submitting the COI certification, the Contractor shall
search its records accumulated, at a minimum, over the past three
years immediately prior to the receipt of the work assignment or
similar tasking document. In the COI certification, the Contractor
must certify to the best of the
[[Page 75437]]
Contractor's knowledge and belief that all actual or potential
organizational COIs have been reported to the Contracting Officer,
or that to the best of the Contractor's knowledge and belief, no
actual or potential organizational COIs exist. In addition, the
Contractor must certify that its personnel who perform work under
this work assignment or relating to this work assignment have been
informed of their obligation to report personal and organizational
COIs to the Contractor. The COI certification shall also include a
statement that the Contractor recognizes its continuing obligation
to identify and report any actual or potential COI arising during
performance of this work assignment or other work related to this
site.
Alternate II. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification. Where work assignments or similar
tasking documents are issued under this contract for work on or
directly related to a site, the Contractor is only required to
provide a COI certification for the first work assignment issued for
that site. For all subsequent work on that site under this contract,
the Contractor has a continuing obligation to search and report any
actual or potential COIs, but no additional COI certifications are
required.
Before submitting the COI certification, the Contractor shall
initially search through all of its available records to identify
any actual or potential COIs. During the first three years of this
contract, the Contractor shall search through all records created
since the beginning of the contract plus the records of the
Contractor prior to the award of the contract until a minimum of
three years of records are accumulated. Once three years of records
have accumulated, prior to certifying, the Contractor shall search
its records accumulated, at a minimum, over the past three years
immediately prior to the receipt of the work assignment or similar
tasking document. In the COI certification, the Contractor must
certify to the best of the Contractor's knowledge and belief, that
all actual or potential organizational COIs have been reported to
the Contracting Officer, or that to the best of the Contractor's
knowledge and belief, no actual or potential organizational COIs
exist. In addition, the Contractor must certify that its personnel
who perform work under this work assignment or relating to this work
assignment have been informed of their obligation to report personal
and organizational COIs to the Contractor. The COI certification
shall also include a statement that the Contractor recognizes its
continuing obligation to identify and report any actual or potential
COI arising during performance of this work assignment or other work
related to this site.
Alternate III. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification.
Before submitting the COI certification, the Contractor shall
search its records accumulated, at a minimum, over the past three
years immediately prior to the receipt of the work assignment or
similar tasking document. In the COI certification, the Contractor
must certify to the best of the Contractor's knowledge and belief
that all actual or potential organizational COIs have been reported
to the Contracting Officer, or that to the best of the Contractor's
knowledge and belief, no actual or potential organizational COIs
exist. In addition, the Contractor must certify that its personnel
who perform work under this work assignment or relating to this work
assignment have been informed of their obligation to report personal
and organizational COIs to the Contractor. The COI certification
shall also include a statement that the Contractor recognizes its
continuing obligation to identify and report any actual or potential
COI arising during performance of this work assignment.
Alternate IV. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification.
Before submitting the COI certification, the Contractor shall
initially search through all of its available records to identify
any actual or potential COIs. During the first three years of this
contract, the Contractor shall search through all records created
since the beginning of the contract plus records of the Contractor
prior to the award of the contract until a minimum of three years of
records have accumulated. Once three years of records have
accumulated, prior to certifying, the Contractor shall search its
records, at a minimum, over the past three years immediately prior
to the receipt of the work assignment or similar tasking document.
In the COI certification, the Contractor must certify to the best of
the Contractor's knowledge and belief that all actual or potential
organizational COIs have been reported to the Contracting Officer,
or that to the best of the Contractor's knowledge and belief, no
actual or potential organizational COIs exist. In addition, the
Contractor must certify that its personnel who perform work under
this work assignment or relating to this work assignment have been
informed of their obligation to report personal and organizational
COIs to the Contractor. The COI certification shall also include a
statement that the Contractor recognizes its continuing obligation
to identify and report any actual or potential COI arising during
performance of this work assignment.
(End of clause)
[FR Doc. 2014-29311 Filed 12-17-14; 8:45 am]
BILLING CODE 6560-50-P
