EPAAR Prescription for Work Assignments, 8174-8176 [2012-3292]
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(j) The contractor agrees to incorporate the
substance of this clause in all subcontracts
under this contract.
Aman S. Djahanbani,
Senior Procurement Executive, US Agency
For International Development.
I. General Information
A. Does this action apply to me?
[FR Doc. 2012–3239 Filed 2–13–12; 8:45 am]
Entities potentially affected by this
action include firms that are performing
or will perform under contract for the
EPA. This includes firms in all industry
groups.
BILLING CODE 6116–01–P
ENVIRONMENTAL PROTECTION
AGENCY
II. Background
48 CFR Part 1511
[EPA–HQ–OARM–2010–0273; FRL–9630–4]
EPAAR Prescription for Work
Assignments
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA will amend the EPA
Acquisition Regulation (EPAAR)
prescription for the work assignment
clause. This final rule provides revised
language to the prescription for the
work assignment clause, incorporating
prescriptive language that provides
further instructions on the use of the
related clause.
DATES: This final rule is effective
February 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OARM–2010–0273. All
documents in the docket are listed on
the 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
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,
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SUMMARY:
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DC 20460; telephone number: 202–564–
1130; fax number: 202–565–2475; email
address: blanding.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
Jkt 226001
meaning of the clause. The revised
language communicates to contract
personnel and program staff that
government cost-related estimates
should not be provided to contractors
prior to receiving the contractor’s work
plan (proposal); and how to address
exceptions. The exceptions addressed in
the policy involve circumstances where
a contracting officer may need to be able
to provide some of the expected level of
service needed to the contractor prior to
receipt of the work plan (proposal) due
to the nature of the work.
Recent contract file review activities
revealed better guidance is needed for
EPA Contracting Officers (COs) on the
work plan and work assignment
processes with regard to when a CO
should provide the expected level of
service needed to the contractor.
As a result, clarifying policy is being
added to the prescription for 1511.011–
74. Accordingly, the revised language
incorporated into EPAAR prescription
1511.011–74 provides the EPA
contracting officer with further
instructions on the use of EPAAR clause
1552.211–74, when administering work
assignments under Cost Reimbursable
type term form contracts.
V. Statutory and Executive Order
Reviews
III. General Comments
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.
One comment was received on June 6,
2011. The comment appears to be
misplaced; it appears the commenter
may have been attempting to address a
different notice. The comment in
reference to physician owned physical
therapy practices is not relevant to this
requirement. This rule focuses on the
administration of work assignments
under Cost Reimbursable contracts and
not physical therapy practices. As a
result, after in-depth review of this
public comment, no changes will be
made to this final rule.
IV. Final Rule
This rule amends the EPAAR to add
policy to prescription 1511.011–74 for
work assignments under clause
1552.211–74. The original prescription
language generally states that the work
assignment clause, 1552.211–74, shall
be used when a Cost Reimbursable type
term form contract with work
assignments will be issued. This policy
revision only adds additional
instructive language. The new policy
language contained under 1511.011–74,
Work Assignments (Deviation), will
serve to provide contracting officers
with better guidance on issuing a work
assignment. Therefore a revision will
not be required to the related EPAAR
clause, 1552.211–74 Work Assignments;
as this change does not affect the
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A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and EO 13563
(76 FR 3821, January 21, 2011).
Therefore, no review is required by the
Office of Information and Regulatory
Affairs within the Office of Management
and Budget (OMB).
B. Paperwork Reduction Act
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
E:\FR\FM\14FER1.SGM
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Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this rule on small entities, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action revises a current EPAAR
provision and does not impose
requirements involving capital
investment, implementing procedures,
or record keeping. This rule will not
have a significant economic impact on
small entities.
pmangrum on DSK3VPTVN1PROD with RULES
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. Rather, this rule
on work assignments only provides
clarification to Contracting Officers
when issuing level of effort estimates in
a work assignment. Thus, Executive
Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
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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 from State
and local officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Goverments
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. Rather, this rule
on work assignments only provides
clarification to Contracting Officers
when issuing level of effort estimates in
a work assignment. Thus, Executive
Order 13175 does not apply to this
action. EPA specifically solicited
additional comment from tribal officials
on this rule and no comments were
received from tribal officials.
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 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 it regulatory activities,
unless to do so would be inconsistent
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8175
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 (EO) 12898 (59 FR
7629 (Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this 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
rulemaking does not involve human
health or environmental affects.
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 Part 1511
Environmental protection,
Government procurement.
Dated: January 31, 2012.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR chapter 15 is
amended as set forth below:
PART 1511—DESCRIBING AGENCY
NEEDS
1. The authority citation for part 1511
continues to read as follows:
■
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Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations
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.
2. Revise section 1511.011–74 to read
as follows:
■
1511.011–74
Work Assignments.
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BILLING CODE 6560–50–P
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Jkt 226001
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126521–0640–02]
(a) Policy. When issuing work
assignments, the independent
government cost estimate shall not be
released to the contractor. In most cases
the Contracting Officer (CO) should
authorize the contractor to expend only
the estimated labor hours necessary to
develop the work plan and to initiate
preliminary tasks which must be
performed before work plan approval
can be made. However, in cases where
the uncertainties involved in the effort
are of such a magnitude that there is no
reasonable expectation that the
contractor can estimate the level of
effort required by the tasks, objectives,
or outcomes of the requirement, the CO
may provide a ceiling level of effort for
the entire work assignment at the time
of its issuance. In such cases, the
specific uncertainties precluding
reasonable estimation of the required
level of effort on the contractor’s part
must be documented in the contract file.
(b) Solicitation Provision. The CO
shall insert the contract clause at
1552.211.74, Work Assignments, in
cost-reimbursement type term form
contracts when work assignments are
used. For Superfund contracts, except
for contracts which require annual
conflict of interest certificates (e.g. Site
Specific contracts, the Contract
Laboratory Program (CLP), and 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.
[FR Doc. 2012–3292 Filed 2–13–12; 8:45 am]
DEPARTMENT OF COMMERCE
RIN 0648–XA987
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from vessels using jig gear to catcher
vessels less than 60 feet (18.3 meters)
length overall using hook-and-line or
pot gear in the Bering Sea and Aleutian
Islands management area. This action is
necessary to allow the A season
apportionment of the 2012 total
allowable catch of Pacific cod to be
harvested.
SUMMARY:
Effective February 8, 2012,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The A season apportionment of the
2012 Pacific cod total allowable catch
(TAC) specified for vessels using jig gear
in the BSAI is 1,958 metric tons (mt) for
the period 2400 hrs, A.l.t., January 1,
2012, through 1200 hrs, A.l.t., April 30,
2012, as established by the final 2011
and 2012 harvest specifications for
groundfish in the BSAI (76 FR 11139,
March 1, 2011) and inseason adjustment
(76 FR 81875, December 29, 2011).
The Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that jig vessels will not be
able to harvest 1,800 mt of the A season
apportionment of the 2012 Pacific cod
TAC allocated to those vessels under
DATES:
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§ 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions from 1,800 mt of
Pacific cod from the A season jig gear
apportionment to catcher vessels less
than 60 feet (18.3 meters(m)) length
overall (LOA) using hook-and-line or
pot gear.
The harvest specifications for Pacific
cod included in the final 2012 harvest
specifications for groundfish in the
BSAI (76 FR 11139, March 1, 2011) and
inseason adjustment (76 FR 81875,
December 29, 2011) are revised as
follows: 158 mt for vessels using jig gear
to the A season apportionments and
6,445 mt to catcher vessels less than 60
feet (18.3 m) LOA using hook-and-line
or pot gear.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the reallocation of Pacific cod
specified from jig vessels to catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear. Since
the fishery is currently open, it is
important to immediately inform the
industry as to the revised allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery, to
allow the industry to plan for the fishing
season, and to avoid potential
disruption to the fishing fleet as well as
processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of February 8, 2012.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
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Agencies
[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Rules and Regulations]
[Pages 8174-8176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3292]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1511
[EPA-HQ-OARM-2010-0273; FRL-9630-4]
EPAAR Prescription for Work Assignments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA will amend the EPA Acquisition Regulation (EPAAR)
prescription for the work assignment clause. This final rule provides
revised language to the prescription for the work assignment clause,
incorporating prescriptive language that provides further instructions
on the use of the related clause.
DATES: This final rule is effective February 29, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OARM-2010-0273. All documents in the docket are listed on
the 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
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; email 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 or will perform under contract for the EPA. This includes
firms in all industry groups.
II. Background
Recent contract file review activities revealed better guidance is
needed for EPA Contracting Officers (COs) on the work plan and work
assignment processes with regard to when a CO should provide the
expected level of service needed to the contractor.
As a result, clarifying policy is being added to the prescription
for 1511.011-74. Accordingly, the revised language incorporated into
EPAAR prescription 1511.011-74 provides the EPA contracting officer
with further instructions on the use of EPAAR clause 1552.211-74, when
administering work assignments under Cost Reimbursable type term form
contracts.
III. General Comments
One comment was received on June 6, 2011. The comment appears to be
misplaced; it appears the commenter may have been attempting to address
a different notice. The comment in reference to physician owned
physical therapy practices is not relevant to this requirement. This
rule focuses on the administration of work assignments under Cost
Reimbursable contracts and not physical therapy practices. As a result,
after in-depth review of this public comment, no changes will be made
to this final rule.
IV. Final Rule
This rule amends the EPAAR to add policy to prescription 1511.011-
74 for work assignments under clause 1552.211-74. The original
prescription language generally states that the work assignment clause,
1552.211-74, shall be used when a Cost Reimbursable type term form
contract with work assignments will be issued. This policy revision
only adds additional instructive language. The new policy language
contained under 1511.011-74, Work Assignments (Deviation), will serve
to provide contracting officers with better guidance on issuing a work
assignment. Therefore a revision will not be required to the related
EPAAR clause, 1552.211-74 Work Assignments; as this change does not
affect the meaning of the clause. The revised language communicates to
contract personnel and program staff that government cost-related
estimates should not be provided to contractors prior to receiving the
contractor's work plan (proposal); and how to address exceptions. The
exceptions addressed in the policy involve circumstances where a
contracting officer may need to be able to provide some of the expected
level of service needed to the contractor prior to receipt of the work
plan (proposal) due to the nature of the work.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
EO 13563 (76 FR 3821, January 21, 2011). Therefore, no review is
required by the Office of Information and Regulatory Affairs within the
Office of Management and Budget (OMB).
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
[[Page 8175]]
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR provision and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
This rule contains no Federal mandates (under the regulatory
provisions of the Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of Sections 202 and 205 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an 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. Rather, this rule on work
assignments only provides clarification to Contracting Officers when
issuing level of effort estimates in a work assignment. 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 from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Goverments
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. Rather,
this rule on work assignments only provides clarification to
Contracting Officers when issuing level of effort estimates in a work
assignment. Thus, Executive Order 13175 does not apply to this action.
EPA specifically solicited additional comment from tribal officials on
this rule and no comments were received from tribal officials.
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 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 it 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 (EO) 12898 (59 FR 7629 (Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this 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 rulemaking
does not involve human health or environmental affects.
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 Part 1511
Environmental protection, Government procurement.
Dated: January 31, 2012.
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 part 1511 continues to read as follows:
[[Page 8176]]
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
2. Revise section 1511.011-74 to read as follows:
1511.011-74 Work Assignments.
(a) Policy. When issuing work assignments, the independent
government cost estimate shall not be released to the contractor. In
most cases the Contracting Officer (CO) should authorize the contractor
to expend only the estimated labor hours necessary to develop the work
plan and to initiate preliminary tasks which must be performed before
work plan approval can be made. However, in cases where the
uncertainties involved in the effort are of such a magnitude that there
is no reasonable expectation that the contractor can estimate the level
of effort required by the tasks, objectives, or outcomes of the
requirement, the CO may provide a ceiling level of effort for the
entire work assignment at the time of its issuance. In such cases, the
specific uncertainties precluding reasonable estimation of the required
level of effort on the contractor's part must be documented in the
contract file.
(b) Solicitation Provision. The CO shall insert the contract clause
at 1552.211.74, Work Assignments, in cost-reimbursement type term form
contracts when work assignments are used. For Superfund contracts,
except for contracts which require annual conflict of interest
certificates (e.g. Site Specific contracts, the Contract Laboratory
Program (CLP), and 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.
[FR Doc. 2012-3292 Filed 2-13-12; 8:45 am]
BILLING CODE 6560-50-P