Acquisition Regulation: Guidance on Technical Direction, 37173-37176 [E9-17938]
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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations
(c) * * *
(144) [Reserved]
(145) [Reserved]
(146) On September 4, 2008, and
March 23, 2009, the Ohio
Environmental Protection Agency
submitted several volatile organic
compound rules for approval into the
Ohio State Implementation Plan. Only
those paragraphs in 3745–21–09 that
were revised in the September 4, 2008,
and/or March 23, 2009, submittals have
been incorporated into the SIP.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–21–01 ‘‘Definitions.’’, adopted
March 23, 2009, effective April 2, 2009.
(B) Ohio Administrative Code Rule
3745–21–02 ‘‘Ambient air quality
standards and guidelines.’’, adopted
August 15, 2008, effective August 25,
2008.
(C) Ohio Administrative Code Rule
3745–21–03 ‘‘Methods of ambient air
quality measurement.’’, adopted August
15, 2008, effective August 25, 2008.
(D) Ohio Administrative Code Rule
3745–21–04 ‘‘Attainment dates and
compliance time schedules.’’, adopted
March 23, 2009, effective April 2, 2009.
(E) Ohio Administrative Code Rule
3745–21–06 ‘‘Classification of
Regions.’’, adopted August 15, 2008,
effective August 25, 2008.
(F) Ohio Administrative Code Rule
3745–21–08 ‘‘Control of carbon
monoxide emissions from stationary
sources.’’, adopted August 15, 2008,
effective August 25, 2008.
(G) Ohio Administrative Code Rule
3745–21–09 ‘‘Control of emissions of
volatile organic compounds from
stationary sources and
perchloroethylene from dry cleaning
facilities’’: (A), (B), (C), (D), (E), (F), (G),
(H), (I), (J), (K), (O), (P), (R), (S), (T),
(U)(1)(a), (U)(1)(b), (U(1)(c), (U)(1)(d),
(U)(1)(e), (U)(1)(f), (U)(1)(g), (U)(1)(i),
(U)(2)(f), (U)(2)(j), (U)(2)(k), (U)(2)(l),
(W), (X), (Y), (Z), (DD), (HH), (NN), (RR),
(SS), (TT), (VV), (YY), (DDD), adopted
March 23, 2009, effective April 2, 2009.
(H) Ohio Administrative Code Rule
3745–21–10 ‘‘Compliance test methods
and procedures.’’, adopted August 15,
2008, effective August 25, 2008.
(I) Ohio Administrative Code Rule
3745–21–12 ‘‘Control of volatile organic
compound emissions from commercial
bakery oven facilities.’’, adopted August
15, 2008, effective August 25, 2008.
(J) Ohio Administrative Code Rule
3745–21–13 ‘‘Control of volatile organic
compounds from reactors and
distillation units employed in SOCMI
chemical production.’’, adopted August
15, 2008, effective August 25, 2008.
(K) Ohio Administrative Code Rule
3745–21–14 ‘‘Control of Volatile organic
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14:14 Jul 27, 2009
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compound emissions from process vents
in batch operations.’’, adopted March
23, 2009, effective April 2, 2009.
(L) Ohio Administrative Code Rule
3745–21–15 ‘‘Control of volatile organic
compound emissions from wood
furniture manufacturing operations.’’,
adopted August 15, 2008, effective
August 25, 2008.
(M) Ohio Administrative Code Rule
3745–21–16 ‘‘Control of volatile organic
compound emissions from industrial
wastewater.’’, adopted March 23, 2009,
effective April 2, 2009.
(N) Ohio Administrative Code Rule
3745–21–18 ‘‘Commercial Motor
Vehicle and Mobile Equipment
Refinishing Operations.’’, adopted
March 23, 2009, effective April 2, 2009.
(O) Ohio Administrative Code Rule
3745–21–19 ‘‘Control of volatile organic
compound emissions from aerospace
manufacturing and rework facilities.’’,
adopted August 15, 2008, effective
August 25, 2008.
(P) Ohio Administrative Code Rule
3745–21–20 ‘‘Control of volatile organic
compound emissions from shipbuilding
and ship repair operations.’’, adopted
August 15, 2008, effective August 25,
2008.
(Q) Ohio Administrative Code Rule
3745–21–21 ‘‘Storage of volatile organic
liquids in fixed roof tanks and external
floating roof tanks.’’, adopted March 23,
2009, effective April 2, 2009.
(R) Ohio Administrative Code Rule
3745–21–22 ‘‘Lithographic and
letterpress printing.’’, adopted March
23, 2009, effective April 2, 2009.
(S) Ohio Administrative Code Rule
3745–21–23 ‘‘Industrial cleaning
solvents.’’, adopted March 23, 2009,
effective April 2, 2009.
(T) Ohio Administrative Code Rule
3745–21–24 ‘‘Flat wood paneling
coatings.’’, adopted March 23, 2009,
effective April 2, 2009.
(U) August 15, 2008, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
(V) March 23, 2009, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
[FR Doc. E9–17829 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
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37173
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1537 and 1552
[EPA–HQ–OARM–2007–1115; FRL–8935–6]
RIN 2030–AA96
Acquisition Regulation: Guidance on
Technical Direction
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is amending the EPA
Acquisition Regulation (EPAAR) to
revise the prescription for and the
content of a clause that addresses
issuing technical direction in contracts.
This revision incorporates and
supersedes several class deviations to
the EPAAR and updates terminology
and procedures related to issuing
technical direction.
DATES: This final rule is effective August
12, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OARM–2007–1115. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Office of Environmental
(OEI) Information 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 OEI Docket is (202) 566–
1752.
FOR FURTHER INFORMATION CONTACT:
Donna S. Blanding, Policy, Training,
and Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: 202–564–
1130; fax number: 202–565–2475; e-mail
address: blanding.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Entities potentially affected by this
action include firms that are performing
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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations
or will perform under contract for the
EPA. This includes firms in all industry
groups.
II. Background
Under certain contracts the
Contracting Officer authorizes a
designated individual, e.g., the
Contracting Officer Technical
Representative (COTR), to issue
technical direction to the contractor.
The technical direction clause in the
contract defines what constitutes
technical direction, which officials are
authorized to issue technical direction,
and procedures for issuing technical
direction.
Since the EPAAR technical direction
guidance was originally issued, several
class deviations to the clause have been
approved. (A class deviation is a change
to the EPAAR necessary to meet specific
contract requirements.) This revision
incorporates and supersedes the class
deviations and makes additional
revisions to the technical direction
guidance as specified below.
III. Final Rule
This rule amends the EPAAR to revise
the prescription for using the Technical
Direction clause and the wording of the
clause itself. The current prescription
states the clause is used in cost
reimbursement type solicitations and
contracts. The revised prescription
allows COs to use the clause, or a clause
substantially the same, in solicitations
and contracts where the CO will
delegate authority to issue technical
direction to the COTR.
The EPAAR clause entitled
‘‘Technical Direction’’ adds and defines
these two new terms ‘‘contracting officer
technical representative’’ and ‘‘task
order’’. These two terms will
standardize titles and terminology used
at EPA with terms used in the Federal
Acquisition Regulation (FAR) and other
Federal procurement policy.
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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 12866 (58 FR 51735,
October 4, 1993); therefore, no review is
required by the Office of Information
and Regulatory Affairs within the Office
of Management and Budget (OMB).
Order.
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
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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
clause 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 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. Today’s rule on
technical direction provides guidance
on the interaction between contracting
officials and contractors only. Thus,
Executive Order 13132 does not apply
to this rule. In the spirit of Executive
Order 13132, and consistent with EPA
policy to promote communications
between EPA and State and Local
governments, EPA specifically solicited
comments from State and Local officials
on this rule and no comments were
received.
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. This rule on
technical direction provides guidance
on the interaction between contracting
officials and contractors only. This
Executive Order 13175 does not apply
to this rule. EPA specifically solicited
additional comments on this rule from
tribal officials and no comments were
received.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045, entitled
‘‘Protection of Children From
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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 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.
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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.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 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
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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.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, does not apply
because this action is not a rule, for
purposes of 5 U.S.C. 804(3).
This rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
List of Subjects in 48 CFR Parts 1537
and 1552
Environmental protection,
Government procurement.
Dated: July 10, 2009.
John C. Gherardini III,
Acting Director, Office of Acquisition
Management.
Therefore, 48 CFR Chapter 15 is
amended as set forth below:
■
PART 1537—SERVICE CONTRACTING
1. The authority citation for part 1537
continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, as
amended, 40 U.S.C. 486(c).
2. Amend 1537.110 by revising
paragraph (b) to read as follows:
■
§ 1537.110 Solicitation provisions and
contract clauses.
*
*
*
*
*
(b) The contracting officer shall insert
a clause substantially the same as the
clause in 1552.237–71, Technical
Direction, in solicitations and contracts
where the contracting officer intends to
delegate authority to issue technical
direction to the contracting officer
technical representative(s).
*
*
*
*
*
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for 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 1552.237–71 to read as
follows:
■
1552.237–71
Technical direction.
As prescribed in 1537.110, insert a
clause substantially the same as the
following:
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37175
TECHNICAL DIRECTION (AUG 2009)
(a) Definitions.
Contracting officer technical representative
(COTR), means an individual appointed by
the contracting officer in accordance with
Agency procedures to perform specific
technical and administrative functions.
Task order, as used in this clause, means
work assignment, delivery order, or any other
document issued by the contracting officer to
order work under a service contract.
(b) The contracting officer technical
representative(s) may provide technical
direction on contract or work request
performance. Technical direction includes:
(1) Instruction to the contractor that
approves approaches, solutions, designs, or
refinements; fills in details; completes the
general descriptions of work shifts emphasis
among work areas or tasks; and
(2) Evaluation and acceptance of reports or
other deliverables.
(c) Technical direction must be within the
scope of work of the contract and any task
order there under. The contracting officer
technical representative(s) does not have the
authority to issue technical direction which:
(1) Requires additional work outside the
scope of the contract or task order;
(2) Constitutes a change as defined in the
‘‘Changes’’ clause;
(3) Causes an increase or decrease in the
estimated cost of the contract or task order;
(4) Alters the period of performance of the
contract or task order; or
(5) Changes any of the other terms or
conditions of the contract or task order.
(d) Technical direction will be issued in
writing or confirmed in writing within five
(5) days after oral issuance. The contracting
officer will be copied on any technical
direction issued by the contracting officer
technical representative.
(e) If, in the contractor’s opinion, any
instruction or direction by the contracting
officer technical representative(s) falls within
any of the categories defined in paragraph (c)
of the clause, the contractor shall not proceed
but shall notify the contracting officer in
writing within 3 days after receiving it and
shall request that the contracting officer take
appropriate action as described in this
paragraph. Upon receiving this notification,
the contracting officer shall:
(1) Advise the contractor in writing as soon
as practicable, but no later than 30 days after
receipt of the contractor’s notification, that
the technical direction is within the scope of
the contract effort and does not constitute a
change under the ‘‘Changes’’ clause of the
contract;
(2) Advise the contractor within a
reasonable time that the government will
issue a written modification to the contract;
or
(3) Advise the contractor that the technical
direction is outside the scope of the contract
and is thereby rescinded.
(f) A failure of the contractor and
contracting officer to agree as to whether the
technical direction is within the scope of the
contract, or a failure to agree upon the
contract action to be taken with respect
thereto, shall be subject to the provisions of
the clause entitled ‘‘Disputes’’ in this
contract.
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(g) Any action(s) taken by the contractor,
in response to any direction given by any
person acting on behalf of the government or
any government official other than the
contracting officer or the contracting officer
technical representative, shall be at the
contractor’s risk.
(End of clause)
[FR Doc. E9–17938 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
35135, in the third column, S4.2.2.3 is
corrected to read as follows:
S4.2.2.3 This S4.2.2 applies to
vehicles manufactured on or after
September 1, 2010.
Issued: July 23, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–17918 Filed 7–27–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF COMMERCE
National Highway Traffic Safety
Administration
National Oceanic and Atmospheric
Administration
49 CFR Part 571
50 CFR Part 660
[Docket No. NHTSA–2009–0116]
[Docket No. 090428799–9802–01]
RIN 2127–AK35
RIN 0648–XQ39
Federal Motor Vehicle Safety
Standards; Door Locks and Door
Retention Components, Correction
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Closure of the Primary Pacific Whiting
Season for the Shore-Based Sector
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; correction.
SUMMARY: NHTSA published in the
Federal Register of July 20, 2009, a
document delaying the compliance date
of the sliding door provisions of a
February 6, 2007 final rule. The
regulatory text adopted by that
document contained errors. This
document corrects those errors.
DATES: Effective on September 1, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Sarah Alves, NHTSA Office of the Chief
Counsel, DOT, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
telephone (202) 366–2992, fax (202)
366–3820.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with RULES
Background
NHTSA published in the Federal
Register of July 20, 2009 (74 FR 35131),
a document delaying the compliance
date of the sliding door provisions of a
February 6, 2007 final rule (FR Doc. E9–
17078). In the regulatory text adopted by
that document, in S4.2.2.3, a statement
erroneously reads: ‘‘This S4.2.2.3
applies to vehicle manufactured on or
after September 1, 2010.’’ The statement
should read: ‘‘This S4.2.2 applies to
vehicles manufactured on or after
September 1, 2010.’’ This document
corrects that error.
Correction of Publication
In rule FR Doc. E9–17078 published
on July 20, 2009 (74 FR 35131), make
the following correction. On page
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Fishing closure restrictions.
SUMMARY: NMFS announces the closure
of the primary season for the Pacific
whiting fishery for the shore-based
sector at 10 a.m. local time (l.t.) July 7,
2009. This action is authorized by
regulations implementing the Pacific
Coast Groundfish Fishery Management
Plan (FMP), which governs the
groundfish fishery off Washington,
Oregon, and California. This action is
intended to keep the harvest of Pacific
whiting at the 2009 allocation levels.
DATES: Effective from 10 a.m. l.t. July 7,
2009, until the start of the 2010 primary
season for the shore-based sector, unless
modified, superseded or rescinded by
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Becky Renko at 206–526–6110.
SUPPLEMENTARY INFORMATION: This
action is authorized by regulations
implementing the Pacific Coast
Groundfish Fishery Management Plan
(FMP), which governs the groundfish
fishery off Washington, Oregon, and
California. Regulations at 50 CFR
660.323(a) established separate
allocations for the catcher/processor,
mothership, and shore-based sectors of
the Pacific whiting fishery. The 2009
Optimum Yield (OY) for Pacific whiting
is 135,939 mt. The 2009 commercial OY
is 81,939 mt. The commercial OY is
calculated by deducting the 50,000–mt
tribal set-aside and 4,000–mt for
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research catch and bycatch in nongroundfish fisheries from the 135,939
mt total catch OY. Each sector receives
a portion of the commercial OY, with
the catcher/processors getting 34
percent (27,859 mt), motherships getting
24 percent (19,665 mt), and the shorebased sector getting 42 percent (34,414
mt). When each sector’s allocation is
reached, the primary season for that
sector is ended.
If the Regional Administrator
determines that a portion of the tribal
set aside or another sector’s allocation
will not be used during the year,
regulations at 50 CFR 660.323(c) allow
the Regional Administrator to
reapportion that Pacific whiting to other
sectors in proportion to their initial
allocations. At the Pacific Fishery
Management Council’s March 2009
meeting, the Makah Tribal
representatives stated their intent to
harvest only 23,789 mt of their 42,000
mt set aside and asked that the
remaining 18,211 mt be reapportioned
to the non-tribal sectors of the fishery.
Therefore, the shore-based sector
received an additional 7,649 mt,
resulting in a harvest guideline of
42,063 mt.
The shore-based sector is composed of
vessels that harvest Pacific whiting for
delivery to land-based processors. The
primary season for the shore-based
sector is the period or periods when the
large-scale target fishery is conducted,
and when ‘‘per trip’’ limits are not in
effect for vessels targeting Pacific
whiting with mid-water gear.
The best available information on July
6, 2009 indicated that 32,933 mt of
Pacific whiting had been taken through
July 3, 2009, and the 42,063 mt
allocation for the shore-based sector
would be reached by 10 a.m. on July 7,
2009. This Federal Register notice
announces the date that the primary
season for the shore-based sector was
ended. Regulations at 50 CFR
660.323(b)(4) allow this action to be
taken. To prevent an allocation from
being exceeded, regulations at 50 CFR
660.323(e) allow closure of the
commercial Pacific whiting fisheries by
actual notice to the fishery participants.
Actual notice includes e-mail, internet,
phone, fax, letter or press release. NMFS
provided actual notice by e-mail and fax
on July 6, 2009.
NMFS Action
This document announces
achievement of the shore-based sector
allocation specified at 50 CFR
660.323(a) and in the final rule
published on May 5, 2009 (74 FR
20620). The best available information
on July 6, 2009, indicated that 32,933 mt
E:\FR\FM\28JYR1.SGM
28JYR1
]]>Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Rules and Regulations]
[Pages 37173-37176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17938]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1537 and 1552
[EPA-HQ-OARM-2007-1115; FRL-8935-6]
RIN 2030-AA96
Acquisition Regulation: Guidance on Technical Direction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is amending the EPA Acquisition Regulation (EPAAR) to
revise the prescription for and the content of a clause that addresses
issuing technical direction in contracts. This revision incorporates
and supersedes several class deviations to the EPAAR and updates
terminology and procedures related to issuing technical direction.
DATES: This final rule is effective August 12, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OARM-2007-1115. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy at the Office of
Environmental (OEI) Information 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 OEI Docket is (202)
566-1752.
FOR FURTHER INFORMATION CONTACT: Donna S. Blanding, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 202-564-1130; fax number: 202-
565-2475; e-mail address: blanding.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Entities potentially affected by this action include firms that are
performing
[[Page 37174]]
or will perform under contract for the EPA. This includes firms in all
industry groups.
II. Background
Under certain contracts the Contracting Officer authorizes a
designated individual, e.g., the Contracting Officer Technical
Representative (COTR), to issue technical direction to the contractor.
The technical direction clause in the contract defines what constitutes
technical direction, which officials are authorized to issue technical
direction, and procedures for issuing technical direction.
Since the EPAAR technical direction guidance was originally issued,
several class deviations to the clause have been approved. (A class
deviation is a change to the EPAAR necessary to meet specific contract
requirements.) This revision incorporates and supersedes the class
deviations and makes additional revisions to the technical direction
guidance as specified below.
III. Final Rule
This rule amends the EPAAR to revise the prescription for using the
Technical Direction clause and the wording of the clause itself. The
current prescription states the clause is used in cost reimbursement
type solicitations and contracts. The revised prescription allows COs
to use the clause, or a clause substantially the same, in solicitations
and contracts where the CO will delegate authority to issue technical
direction to the COTR.
The EPAAR clause entitled ``Technical Direction'' adds and defines
these two new terms ``contracting officer technical representative''
and ``task order''. These two terms will standardize titles and
terminology used at EPA with terms used in the Federal Acquisition
Regulation (FAR) and other Federal procurement policy.
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 12866 (58 FR 51735, October 4, 1993);
therefore, no review is required by the Office of Information and
Regulatory Affairs within the Office of Management and Budget (OMB).
Order.
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 clause 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 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. Today's rule on technical direction
provides guidance on the interaction between contracting officials and
contractors only. Thus, Executive Order 13132 does not apply to this
rule. In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and Local
governments, EPA specifically solicited comments from State and Local
officials on this rule and no comments were received.
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. This rule
on technical direction provides guidance on the interaction between
contracting officials and contractors only. This Executive Order 13175
does not apply to this rule. EPA specifically solicited additional
comments on this rule from tribal officials and no comments were
received.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, entitled ``Protection of Children From
[[Page 37175]]
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 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.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 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.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
List of Subjects in 48 CFR Parts 1537 and 1552
Environmental protection, Government procurement.
Dated: July 10, 2009.
John C. Gherardini III,
Acting Director, Office of Acquisition Management.
0
Therefore, 48 CFR Chapter 15 is amended as set forth below:
PART 1537--SERVICE CONTRACTING
0
1. The authority citation for part 1537 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
2. Amend 1537.110 by revising paragraph (b) to read as follows:
Sec. 1537.110 Solicitation provisions and contract clauses.
* * * * *
(b) The contracting officer shall insert a clause substantially the
same as the clause in 1552.237-71, Technical Direction, in
solicitations and contracts where the contracting officer intends to
delegate authority to issue technical direction to the contracting
officer technical representative(s).
* * * * *
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citation for 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 1552.237-71 to read as follows:
1552.237-71 Technical direction.
As prescribed in 1537.110, insert a clause substantially the same
as the following:
TECHNICAL DIRECTION (AUG 2009)
(a) Definitions.
Contracting officer technical representative (COTR), means an
individual appointed by the contracting officer in accordance with
Agency procedures to perform specific technical and administrative
functions.
Task order, as used in this clause, means work assignment,
delivery order, or any other document issued by the contracting
officer to order work under a service contract.
(b) The contracting officer technical representative(s) may
provide technical direction on contract or work request performance.
Technical direction includes:
(1) Instruction to the contractor that approves approaches,
solutions, designs, or refinements; fills in details; completes the
general descriptions of work shifts emphasis among work areas or
tasks; and
(2) Evaluation and acceptance of reports or other deliverables.
(c) Technical direction must be within the scope of work of the
contract and any task order there under. The contracting officer
technical representative(s) does not have the authority to issue
technical direction which:
(1) Requires additional work outside the scope of the contract
or task order;
(2) Constitutes a change as defined in the ``Changes'' clause;
(3) Causes an increase or decrease in the estimated cost of the
contract or task order;
(4) Alters the period of performance of the contract or task
order; or
(5) Changes any of the other terms or conditions of the contract
or task order.
(d) Technical direction will be issued in writing or confirmed
in writing within five (5) days after oral issuance. The contracting
officer will be copied on any technical direction issued by the
contracting officer technical representative.
(e) If, in the contractor's opinion, any instruction or
direction by the contracting officer technical representative(s)
falls within any of the categories defined in paragraph (c) of the
clause, the contractor shall not proceed but shall notify the
contracting officer in writing within 3 days after receiving it and
shall request that the contracting officer take appropriate action
as described in this paragraph. Upon receiving this notification,
the contracting officer shall:
(1) Advise the contractor in writing as soon as practicable, but
no later than 30 days after receipt of the contractor's
notification, that the technical direction is within the scope of
the contract effort and does not constitute a change under the
``Changes'' clause of the contract;
(2) Advise the contractor within a reasonable time that the
government will issue a written modification to the contract; or
(3) Advise the contractor that the technical direction is
outside the scope of the contract and is thereby rescinded.
(f) A failure of the contractor and contracting officer to agree
as to whether the technical direction is within the scope of the
contract, or a failure to agree upon the contract action to be taken
with respect thereto, shall be subject to the provisions of the
clause entitled ``Disputes'' in this contract.
[[Page 37176]]
(g) Any action(s) taken by the contractor, in response to any
direction given by any person acting on behalf of the government or
any government official other than the contracting officer or the
contracting officer technical representative, shall be at the
contractor's risk.
(End of clause)
[FR Doc. E9-17938 Filed 7-27-09; 8:45 am]
BILLING CODE 6560-50-P
