Administrative Revisions to EPAAR, 46287-46292 [2013-18037]

Download as PDF Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations § 721.125(a), (b), (c), and (k) are applicable to manufacturers and processors of this substance. * * * * * [FR Doc. 2013–18180 Filed 7–30–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 48 CFR Parts 1504, 1509, 1511, 1516, 1522, 1523, 1528, and 1552 [EPA–HQ–OARM–2013–0294 FRL 9837–4] Administrative Revisions to EPAAR Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The EPA is taking direct final action on administrative changes to the EPA Acquisition Regulation (EPAAR). This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The revisions in this direct final rule will make minor corrections to and streamline Agency acquisition processes to be consistent with and non-duplicative of the Federal Acquisition Regulation (FAR). EPA is issuing a final rule because the changes are administrative in nature and does not anticipate receiving adverse comments. SUMMARY: This rule is effective September 30, 2013 without further action, unless adverse comment is received by August 30, 2013. If adverse comment is received, the EPA will publish a timely withdrawal of the rule in the Federal Register. DATES: Submit your comments, identified by Docket ID No. EPA–HQ– OARM–2013–0294, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: docket.oei@epa.gov. • Fax: (202) 566–1753. • Mail: EPA–HQ–OARM–2013–0294, OEI Docket, Environmental Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Please include a total of three (3) copies. • Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OARM–2013– 0294. EPA’s policy is that all comments ehiers on DSK2VPTVN1PROD with RULES ADDRESSES: VerDate Mar<15>2010 17:54 Jul 30, 2013 Jkt 229001 received will be included in the public docket without change, and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket, and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment, and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// 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 https:// www.regulations.gov Federal Register, or in hard copy at the Government Property-Contract Property Administration 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., PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 46287 Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Daniel Humphries, Policy, Training and Oversight Division, Office of Acquisition Management (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202–564– 4377; email address: humphries.daniel@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information 1. Submitting Classified Business Information (CBI). Do not submit this information to EPA through https:// www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI, and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2. 2. Tips for Preparing Your Comments. When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). • Follow directions—The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree, suggest alternatives, and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. E:\FR\FM\31JYR1.SGM 31JYR1 46288 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations ehiers on DSK2VPTVN1PROD with RULES II. Background EPA is revising the EPAAR to make minor corrections consistent with and non-duplicative of the Federal Acquisition Regulation (FAR) and does not impose any new requirements on Agency contractors. EPA is publishing this rule without a prior proposed rule because the changes are noncontroversial administrative type updates and does not anticipate receiving adverse comments. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. Any parties interested in commenting must do so at this time. III. Final Rule This direct final rule makes the following changes to 48 CFR Parts 1504, 1509, 1511, 1516, 1522, 1523, 1528, and 1552: 1. The authority citation for 48 CFR Parts 1504, 1509, 1511, 1516, 1522, 1523, 1528, and 1552 should read 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. Section 1504.804–5 is amended to update the office name ‘‘Financial Analysis and Oversight Service Center’’ in all instances and revise the reference to Unit 42 of the EPA Acquisition Handbook. 3. Section 1509.1 is removed. 4. Section 1511.011– 70 is revised to harmonize the prescription of the basic and Alternate I of the clause prescription. 5. Section 1511.011–73 is revised to harmonize the prescribed types of contracts with the clause prescription. 6. Section 1511.011–74(b) is revised to remove the term ‘‘Solicitation provision’’ and put in its place ‘‘Contract Clause.’’ 7. Section 1511.011–80 is removed. 8. Section 1516.405–272 is amended to update the office title to the ‘‘Acquisition Policy and Training Service Center.’’ 9. Section 1516.406 is revised to update the reference to the current contractor evaluation system to the ‘‘Department of Defense Contractor Performance Assessment Reporting System.’’ 10. Section 1522.1 is removed. 11. Section 1522.6 is removed. 12. Section 1552.804–2 is amended to update the DOL office title to ‘‘Office of Federal Contract Compliance Programs.’’ 13. Section 1523.70 is removed. 14. Revised the title of Part 1528 to ‘‘BONDS AND INSURANCE.’’15. Section 1528.1 is redesignated as 1528.3. 16. Section 1528.101 is redesignated as 1528.301 and revised the reference of ‘‘1552.228– 70.’’ 17. Revised the clause title for 1552.209–74, Alternate IV, to ‘‘LIMITATION OF FUTURE CONTRACTING, ALTERNATE IV VerDate Mar<15>2010 14:07 Jul 30, 2013 Jkt 229001 (ESS)’’ 18. Section 1552.211–70 is revised to capitalize the term ‘‘Contractor’’ and remove the expiration date of February 28, 2003. 19. Section 1552.211–72(g) is revised to update the terms used in the table. 20. Section 1552.211–74 is revised to update the term ‘‘Contracting Officer’s Representative,’’ to add (End of clause) to alternate 1 and capitalize the term ‘‘Contractor.’’ 21. Section 1552.211–76 is revised to update the term ‘‘Contracting Officer’s Representative.’’ 22. Section 1552.211–77 is revised to clarify the prescription that both a draft and final report are due and update the term ‘‘Contracting Officer’s Representative.’’ 23. Section 1552.211– 79 is revised to clarify that 508 refers to accessibility, to remove outdated Agency policy, and update an internet link. 24. Section 1552.211–80 is removed. 25. Section 1552.215–72 paragraph (b) is revised to update the method of proposal submission. 26. Section 1552.216–78, Alternate 1, paragraph (b) is revised to update the contractor evaluation system to the ‘‘Department of Defense Contractor Performance Assessment Reporting System (CPARS)’’. 27. Section 1552.223–70 is revised to correct the spelling of ‘‘applicable.’’ 28. Section 1552.223–72(c) is amended to provide the internet link: ‘‘https:// www.aphis.usda.gov/contact_us/’’. 29. Section 1552.228–70 prescription reference is updated. 30. 1552.23–70 is amended to remove the words ‘‘Project Officer’’ and add, in their place, the words ‘‘Contracting Officer’s Representative’’ in all instances and to correct an administrative formating error with ‘‘Alternate l’’. 31. 1552.232–74 is amended to add ‘‘Contracting Officer’s Representative.’’ 32. Section 1552.233–70 is amended to remove the term ‘‘clause’’ and replace it with ‘‘provision.’’ 33. Section 1552.237– 70 is revised to update the term ‘‘Contracting Officer’s Representative.’’ 34. Section 1552.237–71 is revised to update the term ‘‘Contracting Officer’s Representative.’’ 35. Section 1552.237– 74 is revised to update the term ‘‘Contracting Officer’s Representative.’’ 36. Section 1552.239–70 is removed. 37. Section 1552.239–103 is removed. 38. Section 1552.245–70 is amended to remove the duplicate title ‘‘Government Property’’ and to add the effective date of the clause ‘‘(Sept 2009)’’. 39. Section 1552.245–71 is revised to add the effective date of the clause ‘‘(Sept 2009)’’. 40. Appendix I to Chapter 15 is removed. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is therefore, not subject to review under the EO. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). 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 RFA 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 proposed 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; or (3) a small organization that is any not-forprofit enterprise which is independently owned and operated, and is not dominant in its field. After considering the economic impacts of today’s proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, because the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives ‘‘which minimize any significant economic impact of the proposed rule on small entities’’ 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. Since documenting past performance is applicable to large and small entities, this rule will not have a significant economic impact on small entities. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act This rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. Any private sector costs for this action relate to paperwork requirements and associated expenditures that are far below the level established for UMRA applicability. Thus, this rule is not subject to the requirements of sections 202 or 205 of UMRA. This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. E. Executive Order 13132: Federalism This action 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. Thus, Executive Order 13132 does not apply to this action. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on this proposed action from State and local officials. ehiers on DSK2VPTVN1PROD with RULES F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive Order 13175 does not apply to this action. In the spirit of Executive Order 13175, and consistent with EPA policy to promote communication between EPA and Tribal governments, EPA specifically solicits additional comment on this proposed rule from Tribal officials. VerDate Mar<15>2010 14:07 Jul 30, 2013 Jkt 229001 G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under Section 5–501 of the EO has the potential to influence the regulation. This action is not subject to EO 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act of 1995 Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law No. 104–113, section 12(d) (15 U.S.C. 272 note) 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. NTTAA 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 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 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 46289 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. K. Congressional Review The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules (1) rules of particular applicability; (2) rules relating to agency management or personnel; and (3) rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required to submit a rule report regarding today’s action under section 801 because this is a rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. List of Subjects in 48 CFR Parts 1504, 1509, 1511, 1516, 1522, 1523, 1528, and 1552 Government procurement. Dated: July 16, 2013. John R. Bashista, Director, Office of Acquisition Management. Therefore, 48 CFR Chapter 15 is amended as set forth below: Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); and 41 U.S.C. 418b. PART 1504—ADMINISTRATIVE MATTERS 1. The authority citation for part 1504 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. 1504.804–5 [Amended] 2. Section 1504.804–5 is amended by: a. Removing the words ‘‘cost advisory group at the contracting office’’ and adding, in its place, the words ‘‘Financial Analysis and Oversight Service Center’’ wherever they appear. ■ b. Removing the words ‘‘Unit 2 of the EPA Acquisition Handbook’’ and adding, in their place, the words ‘‘Unit 42 of the EPA Acquisition Handbook’’ in the last sentence. ■ ■ E:\FR\FM\31JYR1.SGM 31JYR1 46290 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations 1516.405 PART 1509—CONTRACTOR QUALIFICATIONS Authority: Sec. 205(c), 63 Stat 390, as amended, 40 U.S.C. 486(c). 11. Section 1516.405–272 is amended by removing the words ‘‘Procurement Policy Branch’’ and adding in their place the words ‘‘Acquisition Policy and Training Service Center’’. 1516.406 Subpart 1509.1 [Removed] [Amended] 12. Amend section 1516.406 in paragraph (d) by removing the words ‘‘National Institutes of Health (NIH) Contractor Performance System (CPS)’’ and adding in their place the words ‘‘Department of Defense Contractor Performance Assessment Reporting System’’. ■ 4. Remove subpart 1509.1. PART 1511—DESCRIBING AGENCY NEEDS 5. The authority citation for part 1511 continues to read as follows: ■ Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). 6. Revise section 1511.011–70 to read as follows: PART 1522—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 1511.011–70 ■ ■ Reports of work. Contracting officers shall insert one of the contract clauses at 1552.211–70 when the contract requires the delivery of reports, including plans, evaluations, studies, analyses and manuals. The basic clause should be used when reports are specified in a contract attachment. Alternate I is used to specify reports in the contract schedule. ■ 7. Revise section 1511.011–73 to read as follows: 1511.011–73 ■ Subpart 1522.1 [Removed] 14. Remove subpart 1522.1. ■ [Amended] 16. Amend section 1552.804–2 by removing the words ‘‘Office of Contract Compliance Programs’’ and adding in their place the words ‘‘Office of Federal Contract Compliance Programs’’. ■ PART 1523—ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG–FREE WORKPLACE 17. The authority citation for part 1523 continues to read as follows: Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). [Removed] 18. Remove subpart 1523.70. ■ 10. The authority citation for part 1516 continues to read as follows: PART 1528—BONDS OF INSURANCE 19. The authority citation for part 1528 continues to read as follows: ■ Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). ehiers on DSK2VPTVN1PROD with RULES No. of copies .............................................. .............................................. VerDate Mar<15>2010 14:07 Jul 30, 2013 Addressee 22. Redesignate section 1528.101 as 1528.301 and remove the reference ‘‘1552,228–70’’ an add ‘‘1552.228–70’’ in its place. ■ PART 1552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 23. 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. 24. Amend section 1552.209–74 by revising Alternate IV, clause heading to read as follows: ■ * PO 00000 Frm 00042 Fmt 4700 * * LIMITATION OF FUTURE CONTRACTING, ALTERNATE IV (ESS) (SEP 2013) * * * 1552.211–70 * * [Amended] 25. 1552.211–70 is amended by: a. In two places, removing the word ‘‘contractor’’ and adding ‘‘Contractor’’ in its place; and ■ b. In two places, removing the words ‘‘with an expiration date of February 28, 2003’’. ■ 26. Amend section 1552.211–72 by revising paragraph (g) to read as follows: ■ ■ Monthly progress report. * * * * (g) The reports shall be submitted to the following addresses on or before the ll of each month following the first complete reporting period of the contract. See EPAAR 1552.232–70, Submission of Invoices, paragraph (e), for details on the timing of submittals. Distribute reports as follows: Address (email and/or shipping) Contracting Officer’s Representative. Contracting Officer. Jkt 229001 * Limitation of future * PART 1516—TYPES OF CONTRACTS Authority: The provisions of this regulation are issued under 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. 1528.101 [Redesignated as 1528.301 and Amended] 1552.211–72 Subpart 1523.70 [Removed] ■ 21. Redesignate subpart 1528.1 as subpart 1528.3. ■ * 15. Remove subpart 1522.6. ■ 9. Remove section 1511.011–80. Subpart 1528.1 [Redesignated as Subpart 1528.3] 1552.209–74 contracting. Subpart 1522.6 [Removed] [Amended] 8. Amend section 1511.011–74 by revising the paragraph (b) subject heading to read ‘‘Contract clause’’. ■ 1511.011–80 Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). 1522.804–2 Level of effort. The Contracting Officer shall insert the clause at 1552.211–73, Level of Effort-Cost Reimbursement Term Contract, in cost-reimbursement term contracts including cost contracts without fee, cost-sharing contracts, costplus-fixed-fee (CPFF) contracts, costplus-incentive-fee contracts (CPIF), and cost-plus-award-fee contracts (CPAF). 1511.011–74 13. The authority citation for part 1522 continues to read as follows: ■ 20. The part 1528 heading is revised to read as set forth above. ■ ■ 3. The authority citation for part 1509 continues to read as follows: ■ ■ [Amended] Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations 1552.211–76 (End of clause) 1552.211–74 [Amended] 27. Section 1552.211–74 is amended by: ■ a. Removing from paragraph (c) the words ‘‘Project Officer’’ and adding in their place the words ‘‘Contracting Officer’s Representative’’; ■ b. Adding in Alternate I, at the end of the clause, ‘‘(End of clause)’’; and ■ c. In four places, removing in Alternate II the word ‘‘contractor’’ and adding ‘‘Contractor’’ in its place. ■ 1552.211–77 FINAL REPORTS (SEP 2013) (a) ‘‘Draft Report’’llThe Contractor shall submit to the Contracting Officer’s Representative ll copies of the draft final 1552.211–79 Compliance with EPA policies for information resources management. * * * * * (c) Section 508 requirements (accessibility). Contract deliverables are required to be compliant with Section 508 requirements (accessibility for people with disabilities). The Environmental Protection Agency policy for 508 compliance can be found at www.epa.gov/accessibility. * * * * * [Removed] 30. Remove section 1552.211–80. 31. Amend section 1552.215–72 by revising paragraph (b) introductory text to read as follows: ■ ■ 1552.215–72 Instructions for the Preparation of Proposals. ehiers on DSK2VPTVN1PROD with RULES * * * * * (b) Cost or pricing proposal instructions. The offeror shall prepare and submit cost or pricing information data and supporting attachments in accordance with Table 15–2 of FAR 15.408. In addition to a hard copy of the information, to expedite review of the proposal, submit an IBM-compatible software or storage device (e.g., USB flash drive or card reader) containing 14:07 Jul 30, 2013 Address (email and/or shipping) EPA Library. Contracting Officer. Contracting Officer’s Representative. (End of clause) 29. Amend section 1552.211–79 by: a. Revising paragraph (c); b. Removing from the end of paragraph (d), the web link ‘‘https:// epa.gov/docs/irmpoli8/’’ and adding in its place the web link ‘‘https://epa.gov/ docs/irmpoli8/policies/’’; and ■ c. Following paragraph (d) add ‘‘(End of clause)’’. The revision reads as follows: VerDate Mar<15>2010 report on or before lll (date) ll The Contractor shall furnish to the Contracting Officer a copy of the letter transmitting the draft. The draft shall be double-spaced or space-and-a-half and shall include all pertinent material required in the final report. The Government will review for approval or disapproval the draft and provide a response to the Contractor within ll calendar days after receipt. If the Government does not provide a response within the allotted review time, the Contractor immediately shall notify the Contracting Officer in writing. (b) ‘‘Final Report’’—The Contractor shall deliver a final report on or before the last day of the period of performance specified in the contract. Distribution is as follows: Addressee ■ ■ ■ 1552.211–80 Final reports. As prescribed in 1511.011–77, insert this contract clause when a contract requires both a draft and a final report. No. of copies 1 ........................................... 1 ........................................... 1 ........................................... [Amended] 28. Amend section 1552.211–76 by removing the words ‘‘Project Officer’’ and adding in their place the words ‘‘Contracting Officer’s Representative’’. ■ 28. Revise 1552.211–77 to read as follows: ■ 46291 Jkt 229001 the financial data required, if this information is available using a commercial spreadsheet program on a personal computer. Submit this information using Microsoft Exchange 365, if available. Identify which version of Microsoft Exchange used. If the offeror used another spreadsheet program, indicate the software program used to create this information. Offerors should include the formulas and factors used in calculating the financial data. Although submission of a compatible software or device will expedite review, failure to submit a disk will not affect consideration of the proposal. * * * * * 32. Amend 1552.216–78, by revising Alternate I paragraph (b) to read as follows: 1552.223–72 [Amended] 34. Amend section 1552.223–72 in paragraph (c) by removing from the last sentence the words ‘‘by contacting the Senior Veterinary, Animal Care Staff, USDA/APHIS, Federal Center Building, Hyattsville, MD 20782’’ and adding in their place the words ‘‘at https:// www.aphis.usda.gov/contact_us/’’. ■ 35. Amend section 1552.228–70 by revising the introductory text to read as follows: ■ 1552.228–70 persons. Insurance liability to third As prescribed in 1528.301, insert the following clause: * * * * * ■ 1552–216.78 Award term incentive plan. * * * * * Alternate I * * * (b) At the conclusion of each contract year, an average contract rating shall be determined by using the numerical ratings entered into the Department of Defense Contractor Performance Assessment Reporting System (CPARS) for this contract. The CPARS is an interactive database located on the Internet which EPA uses to record contractor performance evaluations. * * * * * 1552.223–70 [Amended] PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 [Amended] 36. Amend section 1552.23–70 by: ■ a. In two places in paragraph (a) by removing the words ‘‘Project Officer’’ and adding in their place the words ‘‘Contracting Officer’s Representative’’. ■ b. In paragraph (e)(3), separate the last sentence to establish the rest of the section (paragraphs (c)(1) and (2)) as Alternate I. ■ c. Add ‘‘(End of clause)’’ following paragraph (e)(3) and before Alternate I. ■ 1552.232–74 [Amended] 37. Amend section 1552.232–74 by removing the words ‘‘project officer’’ and adding in their place the words ‘‘Contracting Officer’s Representative’’. ■ 1552.233–70 33. Amend section 1552.223–70 in the second sentence in paragraph (a) by removing ’’appliable’’ and adding in its place ‘‘applicable’’. ■ 1552.232–70 [Amended] 38. Amend section 1552.233–70 in the introductory text by removing the word ‘‘clause’’ and adding in its place the word ‘‘provision’’. ■ E:\FR\FM\31JYR1.SGM 31JYR1 46292 1552.237–70 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations [Amended] DEPARTMENT OF COMMERCE 39. Amend section 1552.237–70 by removing the words ‘‘Project Officer’’ and adding in their place the words ‘‘Contracting Officer’s Representative’’ wherever they appear in paragraphs (b) and (c)(1) and (3). ■ 1552.237–71 [Amended] 41. Amend section 1552.237–74 in the introductory text and paragraph (a) by removing the words ‘‘Project Officer’’ and adding in their place the words ‘‘Contracting Officer’s Representative’’. ■ 1552.239–70 ■ ■ [Removed] 42. Remove section 1552.239–70. 1552.239–103 [Removed] 43. Remove section 1552.239–103. 1552.245–70 [Amended] 45. Amend section 1552.245–70 in the clause heading by removing the first occurrence of the words ‘‘Government Property’’ and to adding ‘‘(SEPT 2009)’’ after the second occurrence. ■ 1552.245–71 [Amended] 46. Amend section 1552.245–71 by adding ‘‘(SEPT. 2009)’’ after the clause heading. ■ Appendix I to Chapter 15 [Removed] ■ 47. Remove Appendix I to Chapter 15. [FR Doc. 2013–18037 Filed 7–30–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 195 Transportation of Hazardous Liquids by Pipeline CFR Correction In Title 49 of the Code of Federal Regulations, Parts 178 to 199, revised as of October 1, 2012, on page 551, in § 195.2, the words ‘‘related parameters.’’ are added at the end of the definition of Alarm. ehiers on DSK2VPTVN1PROD with RULES ■ [FR Doc. 2013–18546 Filed 7–30–13; 8:45 am] BILLING CODE 1505–01–D VerDate Mar<15>2010 14:07 Jul 30, 2013 50 CFR Part 622 [Docket No. 130326296–3642–02] RIN 0648–BD10 [Amended] 40. Amend section 1552.237–71 by removing the words ‘‘contracting officer technical representative’’ and adding in their place the words ‘‘Contracting Officer’s Representative’’ in paragraphs (b) introductory text, (c) introductory text, (d), (e) introductory text, and (g). ■ 1552.237–74 National Oceanic and Atmospheric Administration Jkt 229001 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Abbreviated Framework National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues this final rule to implement management measures described in an abbreviated framework to the Fishery Management Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management Council (Gulf Council), and Coastal Migratory Pelagic Resources prepared by the Gulf Council and the South Atlantic Fishery Management Council (South Atlantic Council). This final rule eliminates the requirement to submit a current certificate of inspection (COI) provided by the U.S. Coast Guard (USCG) with the application to renew or transfer a Federal Gulf of Mexico (Gulf) coastal migratory pelagic (CMP) or reef fish charter vessel/headboat permit (hereafter referred to as a for-hire permit) and eliminates the restriction on transferring for-hire permits to a vessel of greater authorized passenger capacity than specified on the permit. This final rule also prohibits the harvest or possession of CMP or reef fish species on a vessel with a Gulf for-hire permit that is carrying more passengers than is specified on the permit. The purpose of this final rule is to simplify the passenger capacity requirements for transfers and renewals of Gulf CMP and reef fish for-hire permits to provide more flexibility in the use of these permitted vessels. DATES: This rule is effective August 30, 2013. ADDRESSES: Electronic copies of the abbreviated framework, which includes a regulatory impact review, a Regulatory Flexibility Act analysis, and a social impact assessment, may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov. Comments regarding the burden-hour estimates or other aspects of the SUMMARY: PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 collection-of-information requirements contained in this final rule may be submitted in writing to Anik Clemens, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and Office of Management and Budget (OMB), by email at OIRA_Submission@omb.eop.gov, or by fax to 202–395–7285. FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, telephone 727–824–5305, email Peter.Hood@noaa.gov. SUPPLEMENTARY INFORMATION: The Gulf reef fish and CMP fisheries are managed under their respective FMPs. The Gulf reef fish FMP was prepared by the Gulf Council and the CMP FMP was prepared by the Gulf and South Atlantic Councils and both FMPs are implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On June 21, 2013, NMFS published a proposed rule for the abbreviated framework and requested public comment (78 FR 37500). The proposed rule and abbreviated framework outline the rationale for the actions contained in the final rule. A summary of the actions implemented by this final rule is provided below. Current regulations limit Gulf for-hire permit transfers and renewals to vessels that have the same passenger capacity or a lower passenger capacity to limit overall fishing effort. Because passenger capacity is currently based on the USCG COI, this limits the ability of the owner of a permitted vessel to transfer the Gulf for-hire permit to a vessel that has a higher passenger capacity listed on the COI or to renew the permit under the higher passenger capacity listed on the COI. Under such scenarios, the only way to renew or transfer a permit is to have the USCG adjust the COI so that it is less than or equal to the passenger capacity identified on the Gulf for-hire permit, which was based on the COI of the vessel when the moratorium Gulf for-hire permit was first issued, even though a vessel could safely carry more passengers, or subsequently has had the COI revised to carry more passengers. This final rule eliminates the requirement to submit a current USCG COI with the application to renew or transfer a Gulf for-hire permit, eliminates the restriction on transferring for-hire permits to a vessel of greater authorized passenger capacity than specified on the permit, and implements a provision that prohibits the harvest or possession of reef fish or CMP species on a vessel with a Gulf for-hire permit E:\FR\FM\31JYR1.SGM 31JYR1

Agencies

[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Rules and Regulations]
[Pages 46287-46292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18037]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1504, 1509, 1511, 1516, 1522, 1523, 1528, and 1552

[EPA-HQ-OARM-2013-0294 FRL 9837-4]


Administrative Revisions to EPAAR

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is taking direct final action on administrative 
changes to the EPA Acquisition Regulation (EPAAR). This action revises 
the EPAAR, but does not impose any new requirements on Agency 
contractors. The revisions in this direct final rule will make minor 
corrections to and streamline Agency acquisition processes to be 
consistent with and non-duplicative of the Federal Acquisition 
Regulation (FAR). EPA is issuing a final rule because the changes are 
administrative in nature and does not anticipate receiving adverse 
comments.

DATES: This rule is effective September 30, 2013 without further 
action, unless adverse comment is received by August 30, 2013. If 
adverse comment is received, the EPA will publish a timely withdrawal 
of the rule in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0294, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: docket.oei@epa.gov.
     Fax: (202) 566-1753.
     Mail: EPA-HQ-OARM-2013-0294, OEI Docket, Environmental 
Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 
20460. Please include a total of three (3) copies.
     Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA 
West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2013-0294. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket, and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment, and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties, and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov Federal Register, or in hard copy at the 
Government Property-Contract Property Administration 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: Daniel Humphries, Policy, Training and 
Oversight Division, Office of Acquisition Management (3802R), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-564-4377; email address: 
humphries.daniel@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

    1. Submitting Classified Business Information (CBI). Do not submit 
this information to EPA through https://www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI, and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR Part 
2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

[[Page 46288]]

II. Background

    EPA is revising the EPAAR to make minor corrections consistent with 
and non-duplicative of the Federal Acquisition Regulation (FAR) and 
does not impose any new requirements on Agency contractors. EPA is 
publishing this rule without a prior proposed rule because the changes 
are noncontroversial administrative type updates and does not 
anticipate receiving adverse comments. If EPA receives adverse comment, 
we will publish a timely withdrawal in the Federal Register informing 
the public that the rule will not take effect. Any parties interested 
in commenting must do so at this time.

III. Final Rule

    This direct final rule makes the following changes to 48 CFR Parts 
1504, 1509, 1511, 1516, 1522, 1523, 1528, and 1552: 1. The authority 
citation for 48 CFR Parts 1504, 1509, 1511, 1516, 1522, 1523, 1528, and 
1552 should read 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. Section 1504.804-5 is amended 
to update the office name ``Financial Analysis and Oversight Service 
Center'' in all instances and revise the reference to Unit 42 of the 
EPA Acquisition Handbook. 3. Section 1509.1 is removed. 4. Section 
1511.011-70 is revised to harmonize the prescription of the basic and 
Alternate I of the clause prescription. 5. Section 1511.011-73 is 
revised to harmonize the prescribed types of contracts with the clause 
prescription. 6. Section 1511.011-74(b) is revised to remove the term 
``Solicitation provision'' and put in its place ``Contract Clause.'' 7. 
Section 1511.011-80 is removed. 8. Section 1516.405-272 is amended to 
update the office title to the ``Acquisition Policy and Training 
Service Center.'' 9. Section 1516.406 is revised to update the 
reference to the current contractor evaluation system to the 
``Department of Defense Contractor Performance Assessment Reporting 
System.'' 10. Section 1522.1 is removed. 11. Section 1522.6 is removed. 
12. Section 1552.804-2 is amended to update the DOL office title to 
``Office of Federal Contract Compliance Programs.'' 13. Section 1523.70 
is removed. 14. Revised the title of Part 1528 to ``BONDS AND 
INSURANCE.''15. Section 1528.1 is redesignated as 1528.3. 16. Section 
1528.101 is redesignated as 1528.301 and revised the reference of 
``1552.228-70.'' 17. Revised the clause title for 1552.209-74, 
Alternate IV, to ``LIMITATION OF FUTURE CONTRACTING, ALTERNATE IV 
(ESS)'' 18. Section 1552.211-70 is revised to capitalize the term 
``Contractor'' and remove the expiration date of February 28, 2003. 19. 
Section 1552.211-72(g) is revised to update the terms used in the 
table. 20. Section 1552.211-74 is revised to update the term 
``Contracting Officer's Representative,'' to add (End of clause) to 
alternate 1 and capitalize the term ``Contractor.'' 21. Section 
1552.211-76 is revised to update the term ``Contracting Officer's 
Representative.'' 22. Section 1552.211-77 is revised to clarify the 
prescription that both a draft and final report are due and update the 
term ``Contracting Officer's Representative.'' 23. Section 1552.211-79 
is revised to clarify that 508 refers to accessibility, to remove 
outdated Agency policy, and update an internet link. 24. Section 
1552.211-80 is removed. 25. Section 1552.215-72 paragraph (b) is 
revised to update the method of proposal submission. 26. Section 
1552.216-78, Alternate 1, paragraph (b) is revised to update the 
contractor evaluation system to the ``Department of Defense Contractor 
Performance Assessment Reporting System (CPARS)''. 27. Section 
1552.223-70 is revised to correct the spelling of ``applicable.'' 28. 
Section 1552.223-72(c) is amended to provide the internet link: 
``https://www.aphis.usda.gov/contact_us/''. 29. Section 1552.228-70 
prescription reference is updated. 30. 1552.23-70 is amended to remove 
the words ``Project Officer'' and add, in their place, the words 
``Contracting Officer's Representative'' in all instances and to 
correct an administrative formating error with ``Alternate l''.
    31. 1552.232-74 is amended to add ``Contracting Officer's 
Representative.'' 32. Section 1552.233-70 is amended to remove the term 
``clause'' and replace it with ``provision.'' 33. Section 1552.237-70 
is revised to update the term ``Contracting Officer's Representative.'' 
34. Section 1552.237-71 is revised to update the term ``Contracting 
Officer's Representative.'' 35. Section 1552.237-74 is revised to 
update the term ``Contracting Officer's Representative.'' 36. Section 
1552.239-70 is removed. 37. Section 1552.239-103 is removed. 38. 
Section 1552.245-70 is amended to remove the duplicate title 
``Government Property'' and to add the effective date of the clause 
``(Sept 2009)''. 39. Section 1552.245-71 is revised to add the 
effective date of the clause ``(Sept 2009)''. 40. Appendix I to Chapter 
15 is removed.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore, not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

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 RFA 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 proposed 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; or 
(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 today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, because the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities'' 5 U.S.C. 603 
and 604. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if

[[Page 46289]]

the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule. Since 
documenting past performance is applicable to large and small entities, 
this rule will not have a significant economic impact on small 
entities. We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
Any private sector costs for this action relate to paperwork 
requirements and associated expenditures that are far below the level 
established for UMRA applicability. Thus, this rule is not subject to 
the requirements of sections 202 or 205 of UMRA. This rule is also not 
subject to the requirements of section 203 of UMRA because it contains 
no regulatory requirements that might significantly or uniquely affect 
small governments.

E. Executive Order 13132: Federalism

    This action 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. Thus, Executive Order 13132 does 
not apply to this action. In the spirit of Executive Order 13132, and 
consistent with EPA policy to promote communications between EPA and 
State and local governments, EPA specifically solicits comment on this 
proposed action from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive 
Order 13175 does not apply to this action. In the spirit of Executive 
Order 13175, and consistent with EPA policy to promote communication 
between EPA and Tribal governments, EPA specifically solicits 
additional comment on this proposed rule from Tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under Section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15 
U.S.C. 272 note) 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. NTTAA 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 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.

K. Congressional Review

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules (1) rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of agency organization, procedure, or practice 
that does not substantially affect the rights or obligations of non-
agency parties.

List of Subjects in 48 CFR Parts 1504, 1509, 1511, 1516, 1522, 
1523, 1528, and 1552

    Government procurement.

    Dated: July 16, 2013.
John R. Bashista,
Director, Office of Acquisition Management.
    Therefore, 48 CFR Chapter 15 is amended as set forth below:

     Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 
40 U.S.C. 486(c); and 41 U.S.C. 418b.

PART 1504--ADMINISTRATIVE MATTERS

0
1. The authority citation for part 1504 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.


1504.804-5  [Amended]

0
2. Section 1504.804-5 is amended by:
0
a. Removing the words ``cost advisory group at the contracting office'' 
and adding, in its place, the words ``Financial Analysis and Oversight 
Service Center'' wherever they appear.
0
b. Removing the words ``Unit 2 of the EPA Acquisition Handbook'' and 
adding, in their place, the words ``Unit 42 of the EPA Acquisition 
Handbook'' in the last sentence.

[[Page 46290]]

PART 1509--CONTRACTOR QUALIFICATIONS

0
3. The authority citation for part 1509 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat 390, as amended, 40 U.S.C. 
486(c).

Subpart 1509.1 [Removed]

0
4. Remove subpart 1509.1.

PART 1511--DESCRIBING AGENCY NEEDS

0
5. The authority citation for part 1511 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).


0
6. Revise section 1511.011-70 to read as follows:


1511.011-70  Reports of work.

    Contracting officers shall insert one of the contract clauses at 
1552.211-70 when the contract requires the delivery of reports, 
including plans, evaluations, studies, analyses and manuals. The basic 
clause should be used when reports are specified in a contract 
attachment. Alternate I is used to specify reports in the contract 
schedule.

0
7. Revise section 1511.011-73 to read as follows:


1511.011-73  Level of effort.

    The Contracting Officer shall insert the clause at 1552.211-73, 
Level of Effort-Cost Reimbursement Term Contract, in cost-reimbursement 
term contracts including cost contracts without fee, cost-sharing 
contracts, cost-plus-fixed-fee (CPFF) contracts, cost-plus-incentive-
fee contracts (CPIF), and cost-plus-award-fee contracts (CPAF).


1511.011-74  [Amended]

0
8. Amend section 1511.011-74 by revising the paragraph (b) subject 
heading to read ``Contract clause''.


1511.011-80  [Removed]

0
9. Remove section 1511.011-80.

PART 1516--TYPES OF CONTRACTS

0
10. The authority citation for part 1516 continues to read as follows:

    Authority: The provisions of this regulation are issued under 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.


1516.405  [Amended]

0
11. Section 1516.405-272 is amended by removing the words ``Procurement 
Policy Branch'' and adding in their place the words ``Acquisition 
Policy and Training Service Center''.


1516.406  [Amended]

0
12. Amend section 1516.406 in paragraph (d) by removing the words 
``National Institutes of Health (NIH) Contractor Performance System 
(CPS)'' and adding in their place the words ``Department of Defense 
Contractor Performance Assessment Reporting System''.

PART 1522--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
13. The authority citation for part 1522 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

Subpart 1522.1 [Removed]

0
14. Remove subpart 1522.1.

Subpart 1522.6 [Removed]

0
15. Remove subpart 1522.6.


1522.804-2  [Amended]

0
16. Amend section 1552.804-2 by removing the words ``Office of Contract 
Compliance Programs'' and adding in their place the words ``Office of 
Federal Contract Compliance Programs''.

PART 1523--ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND 
DRUG-FREE WORKPLACE

0
17. The authority citation for part 1523 continues to read as follows:

    Authority:  Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

Subpart 1523.70 [Removed]

0
18. Remove subpart 1523.70.

PART 1528--BONDS OF INSURANCE

0
19. The authority citation for part 1528 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).


0
20. The part 1528 heading is revised to read as set forth above.

Subpart 1528.1 [Redesignated as Subpart 1528.3]

0
21. Redesignate subpart 1528.1 as subpart 1528.3.


1528.101  [Redesignated as 1528.301 and Amended]

0
22. Redesignate section 1528.101 as 1528.301 and remove the reference 
``1552,228-70'' an add ``1552.228-70'' in its place.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
23. 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
24. Amend section 1552.209-74 by revising Alternate IV, clause heading 
to read as follows:


1552.209-74  Limitation of future contracting.

* * * * *

LIMITATION OF FUTURE CONTRACTING, ALTERNATE IV (ESS) (SEP 2013)

* * * * *


1552.211-70  [Amended]

0
25. 1552.211-70 is amended by:
0
a. In two places, removing the word ``contractor'' and adding 
``Contractor'' in its place; and
0
b. In two places, removing the words ``with an expiration date of 
February 28, 2003''.
0
26. Amend section 1552.211-72 by revising paragraph (g) to read as 
follows:


1552.211-72  Monthly progress report.

* * * * *
    (g) The reports shall be submitted to the following addresses on or 
before the ---- of each month following the first complete reporting 
period of the contract. See EPAAR 1552.232-70, Submission of Invoices, 
paragraph (e), for details on the timing of submittals. Distribute 
reports as follows:

------------------------------------------------------------------------
                                                     Address (email and/
        No. of copies               Addressee           or shipping)
------------------------------------------------------------------------
                              Contracting           ....................
                               Officer's
                               Representative.
                              Contracting Officer.
------------------------------------------------------------------------


[[Page 46291]]

    (End of clause)


1552.211-74  [Amended]

0
27. Section 1552.211-74 is amended by:
0
a. Removing from paragraph (c) the words ``Project Officer'' and adding 
in their place the words ``Contracting Officer's Representative'';
0
b. Adding in Alternate I, at the end of the clause, ``(End of 
clause)''; and
0
c. In four places, removing in Alternate II the word ``contractor'' and 
adding ``Contractor'' in its place.


1552.211-76  [Amended]

0
28. Amend section 1552.211-76 by removing the words ``Project Officer'' 
and adding in their place the words ``Contracting Officer's 
Representative''.
0
28. Revise 1552.211-77 to read as follows:


1552.211-77  Final reports.

    As prescribed in 1511.011-77, insert this contract clause when a 
contract requires both a draft and a final report.

FINAL REPORTS (SEP 2013)

    (a) ``Draft Report''----The Contractor shall submit to the 
Contracting Officer's Representative ---- copies of the draft final 
report on or before ------ (date) ---- The Contractor shall furnish 
to the Contracting Officer a copy of the letter transmitting the 
draft. The draft shall be double-spaced or space-and-a-half and 
shall include all pertinent material required in the final report. 
The Government will review for approval or disapproval the draft and 
provide a response to the Contractor within ---- calendar days after 
receipt. If the Government does not provide a response within the 
allotted review time, the Contractor immediately shall notify the 
Contracting Officer in writing.
    (b) ``Final Report''--The Contractor shall deliver a final 
report on or before the last day of the period of performance 
specified in the contract. Distribution is as follows:

------------------------------------------------------------------------
                                                     Address (email and/
        No. of copies               Addressee           or shipping)
------------------------------------------------------------------------
1...........................  EPA Library.........
1...........................  Contracting Officer.
1...........................  Contracting
                               Officer's
                               Representative.
------------------------------------------------------------------------


    (End of clause)

0
29. Amend section 1552.211-79 by:
0
a. Revising paragraph (c);
0
b. Removing from the end of paragraph (d), the web link ``https://
epa.gov/docs/irmpoli8/'' and adding in its place the web link ``https://
epa.gov/docs/irmpoli8/policies/''; and
0
c. Following paragraph (d) add ``(End of clause)''.
    The revision reads as follows:


1552.211-79  Compliance with EPA policies for information resources 
management.

* * * * *
    (c) Section 508 requirements (accessibility). Contract deliverables 
are required to be compliant with Section 508 requirements 
(accessibility for people with disabilities). The Environmental 
Protection Agency policy for 508 compliance can be found at 
www.epa.gov/accessibility.
* * * * *


1552.211-80  [Removed]

0
30. Remove section 1552.211-80.
0
31. Amend section 1552.215-72 by revising paragraph (b) introductory 
text to read as follows:


1552.215-72  Instructions for the Preparation of Proposals.

* * * * *
    (b) Cost or pricing proposal instructions. The offeror shall 
prepare and submit cost or pricing information data and supporting 
attachments in accordance with Table 15-2 of FAR 15.408. In addition to 
a hard copy of the information, to expedite review of the proposal, 
submit an IBM-compatible software or storage device (e.g., USB flash 
drive or card reader) containing the financial data required, if this 
information is available using a commercial spreadsheet program on a 
personal computer. Submit this information using Microsoft Exchange 
365, if available. Identify which version of Microsoft Exchange used. 
If the offeror used another spreadsheet program, indicate the software 
program used to create this information. Offerors should include the 
formulas and factors used in calculating the financial data. Although 
submission of a compatible software or device will expedite review, 
failure to submit a disk will not affect consideration of the proposal.
* * * * *

0
32. Amend 1552.216-78, by revising Alternate I paragraph (b) to read as 
follows:


1552-216.78  Award term incentive plan.

* * * * *
    Alternate I * * *
    (b) At the conclusion of each contract year, an average contract 
rating shall be determined by using the numerical ratings entered into 
the Department of Defense Contractor Performance Assessment Reporting 
System (CPARS) for this contract. The CPARS is an interactive database 
located on the Internet which EPA uses to record contractor performance 
evaluations.
* * * * *


1552.223-70  [Amended]

0
33. Amend section 1552.223-70 in the second sentence in paragraph (a) 
by removing ''appliable'' and adding in its place ``applicable''.


1552.223-72  [Amended]

0
34. Amend section 1552.223-72 in paragraph (c) by removing from the 
last sentence the words ``by contacting the Senior Veterinary, Animal 
Care Staff, USDA/APHIS, Federal Center Building, Hyattsville, MD 
20782'' and adding in their place the words ``at https://www.aphis.usda.gov/contact_us/''.
0
35. Amend section 1552.228-70 by revising the introductory text to read 
as follows:


1552.228-70  Insurance liability to third persons.

    As prescribed in 1528.301, insert the following clause:
* * * * *


1552.232-70  [Amended]

0
36. Amend section 1552.23-70 by:
0
a. In two places in paragraph (a) by removing the words ``Project 
Officer'' and adding in their place the words ``Contracting Officer's 
Representative''.
0
b. In paragraph (e)(3), separate the last sentence to establish the 
rest of the section (paragraphs (c)(1) and (2)) as Alternate I.
0
c. Add ``(End of clause)'' following paragraph (e)(3) and before 
Alternate I.


1552.232-74  [Amended]

0
37. Amend section 1552.232-74 by removing the words ``project officer'' 
and adding in their place the words ``Contracting Officer's 
Representative''.


1552.233-70  [Amended]

0
38. Amend section 1552.233-70 in the introductory text by removing the 
word ``clause'' and adding in its place the word ``provision''.

[[Page 46292]]

1552.237-70  [Amended]

0
39. Amend section 1552.237-70 by removing the words ``Project Officer'' 
and adding in their place the words ``Contracting Officer's 
Representative'' wherever they appear in paragraphs (b) and (c)(1) and 
(3).


1552.237-71  [Amended]

0
40. Amend section 1552.237-71 by removing the words ``contracting 
officer technical representative'' and adding in their place the words 
``Contracting Officer's Representative'' in paragraphs (b) introductory 
text, (c) introductory text, (d), (e) introductory text, and (g).


1552.237-74  [Amended]

0
41. Amend section 1552.237-74 in the introductory text and paragraph 
(a) by removing the words ``Project Officer'' and adding in their place 
the words ``Contracting Officer's Representative''.


1552.239-70  [Removed]

0
42. Remove section 1552.239-70.


1552.239-103  [Removed]

0
43. Remove section 1552.239-103.


1552.245-70  [Amended]

0
45. Amend section 1552.245-70 in the clause heading by removing the 
first occurrence of the words ``Government Property'' and to adding 
``(Sept 2009)'' after the second occurrence.


1552.245-71  [Amended]

0
46. Amend section 1552.245-71 by adding ``(Sept. 2009)'' after the 
clause heading.

Appendix I to Chapter 15 [Removed]

0
47. Remove Appendix I to Chapter 15.

[FR Doc. 2013-18037 Filed 7-30-13; 8:45 am]
BILLING CODE 6560-50-P