EPAAR Clause for Ordering by Designated Ordering Officers, 19039-19042 [2014-07109]
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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules
the Site. There are no endangered
species present at the Site. A FS was not
prepared because the risks were
acceptable.
Selected Remedy
A No Action remedy was selected for
the site because the Human Health
Baseline Risk Assessment and the
Baseline Ecological Risk Assessment
showed that releases from the Site
posed risks within EPA’s acceptable risk
range. No response actions were
necessary to mitigate releases from the
Site.
Cleanup Goals
Since there was no unacceptable risk
and a response action was not
necessary, cleanup objectives were not
established.
Operation and Maintenance—if
Applicable
Community Involvement
A Technical Assistance Grant was
provided to the Harbor Oil Community
Action Group (HOGAG). Meetings of the
HOCAG took place on a monthly basis
during the RI and were reduced when
site activities slowed down.
Approximately 10 citizens made up the
HOCAG, but they distributed
information throughout the North
Portland neighborhood where the site is
located. EPA provided a 30-day public
review and comment period on the
proposed No Action remedy on
November 14, 2012. EPA held a public
meeting on December 6, 2012 to present
the proposed remedy of No Action and
receive public comments. EPA
responded to all comments in the
responsiveness summary for the Record
of Decision, with no change to the
proposed remedy.
Determination That the Site Meets the
Criteria for Deletion in the NCP
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Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
Dated: March 10, 2014.
Dennis J. McLerran,
Regional Administrator.
ENVIRONMENTAL PROTECTION
AGENCY
Five Year Reviews are not applicable
because no response actions were taken.
The remedial investigation has shown
that the releases pose no significant
threat to public health or the
environment and therefore no further
Superfund response is needed to protect
human health or the environment at the
Site.
The NCP (40 CFR 300.425(e)) states
that a site may be deleted from the NPL
when no further response action is
appropriate. EPA, in consultation with
the State of Oregon, has determined that
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Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
BILLING CODE 6560–50–P
Five-Year Review—if Applicable
17:22 Apr 04, 2014
List of Subjects in 40 CFR Part 300
[FR Doc. 2014–06815 Filed 4–4–14; 8:45 am]
Because no response actions were
taken, there are no operation or
maintenance obligations at the Site.
VerDate Mar<15>2010
all response actions required by
CERCLA have been implemented, and
no further CERCLA response action by
EPA or the responsible parties is
appropriate.
48 CFR Part 1516 and 1552
[EPA–HQ–OARM–2013–0149; FRL–9908–
87–OARM]
EPAAR Clause for Ordering by
Designated Ordering Officers
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to
update policy, procedures, and contract
clauses. The proposed rule updates the
Ordering—By Designated Ordering
Officers clause and corresponding
prescription.
SUMMARY:
Comments must be received on
or before May 7, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OARM–2013–0149, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: valentino.thomas@epa.gov.
• Mail: EPA–HQ–OARM–2013–0149,
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
DATES:
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arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OARM–2013–
0149. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket, and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment, and with any disk or CD–
ROM you submit. If EPA cannot read
your comment due to technical
difficulties, and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters, any form of encryption, and
be free of any defects or viruses. For
additional information about EPA’s
public docket, visit the EPA Docket
Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov, or in hard copy at
the Office of Environmental Information
(OEI) Docket, EPA/DC, EPA West, Room
3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
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
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8:30 a.m. to 4:30 p.m. Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Thomas Valentino, Policy, Training, and
Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: 202–564–
4522; email address: valentino.thomas@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. General Information
1. Submitting CBI. Do not submit this
information to EPA through
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI, and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR Part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The Agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
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II. Background
The subject clause is currently
codified in the EPAAR as the April 1984
basic clause without any alternates. The
basic clause only contemplates order
issuance prior to receiving formal input
from the contractor. On December 21,
1989, a class deviation was issued to
prescribe an alternate to the clause that
provides for negotiating the terms and
conditions of a task/delivery order prior
to order issuance. There are several
benefits to negotiation prior to order
issuance: The Government is not
charged directly for the time involved in
negotiations and the associated costs are
part of bid and proposal costs which are
indirect charges spread across all
Government contracts; it allows for
more accurate pricing for the order, and
it enables the Government to hold the
Contractor to negotiated requirements as
soon as the order is issued. As a result,
the subject clause and corresponding
prescription are being updated to add
the 1989 class deviation. Because the
class deviation provides several benefits
that the basic clause does not, it will be
designated as the basic form of the
Ordering clause, and the previous basic
form is being re-designated as Alternate
I. In addition, the EPAAR 1516.505(a)
subject clause prescription is being
updated accordingly.
III. Proposed Rule
This proposed rule updates the
EPAAR 1516.505(a) clause prescription,
and amends EPAAR 1552.216–72 to add
an alternate version to the Ordering—By
Designated Ordering Officers clause.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and therefore,
not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. No
information is collected under this
action.
C. Regulatory Flexibility Act (RFA), as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 et seq.
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
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rulemaking requirements under the
Administrative Procedure Act or any
other statute; unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impact
of today’s final rule on small entities,
‘‘small entity’’ is defined as: (1) A small
business that meets the definition of a
small business found in the Small
Business Act and codified at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this rule on small entities, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action revises a current EPAAR
provision and does not impose
requirements involving capital
investment, implementing procedures,
or record keeping. This rule will not
have a significant economic impact on
small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, Local,
and Tribal governments and the private
sector.
This rule contains no Federal
mandates (under the regulatory
provisions of the Title II of the UMRA)
for State, Local, and Tribal governments
or the private sector. The rule imposes
no enforceable duty on any State, Local
or Tribal governments or the private
sector. Thus, the rule is not subject to
the requirements of Sections 202 and
205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
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,
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on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government as specified in
Executive Order 13132.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule does not have
tribal implications as specified in
Executive Order 13175.
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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.
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This proposed
rulemaking does not involve human
health or environmental affects.
List of Subjects in 48 CFR Parts 1516
and 1552
Government procurement.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution of Use’’ (66 FR 28335 (May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866.
Dated: June 21, 2013.
John R. Bashista,
Director, Office of Acquisition Management.
I. National Technology Transfer and
Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C 272 note) of
NTTA, Public Law 104–113, directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
Authority: 5 U.S.C. 301; Sec. 205(c), 63
Stat. 390, as amended, 40 U.S.C. 486(c); and
41 U.S.C. 418b.
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14:40 Apr 04, 2014
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Therefore, 48 CFR Chapter 15 is
proposed to be amended as set forth
below:
PART 1516—TYPES OF CONTRACTS
1. The authority citation for 48 CFR
part 1516 is revised to read as follows:
■
■
2. Revise 1516.505(a) as follows:
1516.505
Contract clauses.
(a) The Contracting Officer shall insert
the clause in 1552.216–72, Ordering—
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19041
By Designated Ordering Officers, or a
clause substantially similar to the
subject clause, in indefinite delivery/
indefinite quantity type solicitations
and contracts. The Contracting Officer
shall insert Alternate I when formal
input from the Contractor will not be
obtained prior to order issuance.
*
*
*
*
*
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for 48 CFR
part 1552 continues to read as follows:
■
Authority: 5 U.S.C. 301; Sec. 205(c), 63
Stat. 390, as amended, 40 U.S.C. 486(c); and
41 U.S.C. 418b.
4. Revise 1552.216–72 to read as
follows:
■
1552.216–72 Ordering—by designated
ordering officers.
As prescribed in 1516.505(a), insert
the subject clause, or a clause
substantially similar to the subject
clause, in indefinite delivery/indefinite
quantity type solicitations and
contracts.
ORDERING—BY DESIGNATED
ORDERING OFFICERS (lll 2013)
(a) The Government will order any
supplies and services to be furnished under
this contract by issuing task/delivery orders
on Optional Form 347, or an agency
prescribed form, from lll through lll.
In addition to the Contracting Officer, the
following individuals are authorized ordering
officers.
lllllllllllllllllllll
lllllllllllllllllllll
(b) A Standard Form 30 will be the method
of amending task/delivery orders.
(c) The Contractor shall acknowledge
receipt of each order by having an authorized
company officer sign either a copy of a
transmittal letter or signature block on page
3 of the task/delivery order, depending upon
which is provided, within ll calendar days
of receipt.
(d) Prior to the placement of any task/
delivery order, the Contractor will be
provided with a proposed Performance Work
Statement/Statement of Work and will be
asked to respond with detailed technical and
cost proposals within ll calendar days or
less. The technical proposal will delineate
the Contractor’s interpretation for the
execution of the PWS/SOW, and the pricing
proposal will be the Contractor’s best
estimate for the hours, labor categories and
all costs associated with the execution. The
proposals are subject to negotiation. The
Ordering Officer and the Contractor shall
reach agreement on all the material terms of
each order prior to the order being issued.
(e) Each task/delivery order issued will
incorporate the Contractor’s technical and
cost proposals as negotiated with the
Government, and will have a ceiling price
which the contractor shall not exceed. When
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the Contractor has reason to believe that the
labor payment and support costs for the order
which will accrue in the next thirty (30) days
will bring total cost to over 85 percent of the
ceiling price specified in the order, the
Contractor shall notify the Ordering Officer.
(f) Under no circumstances will the
Contractor start work prior to the issue date
of the task/delivery order unless specifically
authorized to do so by the Ordering Officer.
Any verbal authorization will be confirmed
in writing by the Ordering Officer or
Contracting Officer within ll calendar
days.
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(End of clause)
Alternate I. As prescribed in
1516.505(a), insert the subject clause, or
a clause substantially similar to the
subject clause, in indefinite delivery/
indefinite quantity contracts when
formal input from the Contractor will
not be obtained prior to order issuance.
DEPARTMENT OF TRANSPORTATION
395 E Street SW., Washington, DC
20423–0001.
Surface Transportation Board
For
EP 722: Scott Zimmerman at (202) 245–
0386; for EP 664 (Sub-No. 2): Amy
Ziehm at (202) 245–0391. Assistance for
the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at (800) 877–8339.
SUPPLEMENTARY INFORMATION: In Section
205 of the Railroad Revitalization and
Regulatory Reform Act of 1976, Public
Law 94–210, 90 Stat. 127, Congress
mandated that the Board’s predecessor,
the Interstate Commerce Commission
(ICC), promulgate—and thereafter revise
and maintain—standards and
procedures for establishing railroad
revenue adequacy. Four years later, in
the Staggers Rail Act of 1980 (Staggers),
Public Law 96–448, 94 Stat. 1895, the
agency’s rail transportation policy was
revised to include, among other things,
‘‘promot[ing] a safe and efficient rail
transportation system by allowing rail
carriers to earn adequate revenues, as
determined by the [agency].’’
Additionally, Section 205 of Staggers
required the ICC to begin determining
annually ‘‘which rail carriers are
earning adequate revenues.’’ To
implement this requirement, the ICC
began a proceeding to adopt standards
for determining railroad revenue
adequacy. In that proceeding, the ICC
concluded that ‘‘the only revenue
adequacy standard consistent with the
requirements of [Staggers] is one that
uses a rate of return equal to the cost of
capital.’’ Standards for R.R. Revenue
Adequacy, 364 I.C.C. 803, 811 (1981),
aff’d sub nom. Bessemer & Lake Erie
R.R. v. ICC, 691 F.2d 1104 (3d Cir.
1982).
These statutory requirements, now
codified at 49 U.S.C. 10704(a)(2) and
(3),1 still govern, and the Board (like the
ICC before it) annually determines
49 CFR Chapter X
[Docket No. EP 722; Docket No. EP 664
(Sub-No. 2)]
Railroad Revenue Adequacy: Petition
of the Western Coal Traffic League To
Institute a Rulemaking Proceeding To
Abolish the Use of the Multi-Stage
Discounted Cash Flow Model in
Determining the Railroad Industry’s
Cost of Equity Capital
AGENCY:
Surface Transportation Board,
DOT.
ACTION:
Notice.
The Surface Transportation
Board will receive comments in Docket
No. EP 722 to explore the Board’s
methodology for determining railroad
(a) The Government will order any
revenue adequacy, as well as the
supplies and services to be furnished under
revenue adequacy component used in
this contract by issuing task/delivery orders
judging the reasonableness of rail freight
on Optional Form 347, or any agency
rates. The Board will also receive
prescribed form, from ___ through ___. In
comments in Docket No. 664 (Sub-No.
addition to the Contracting Officer, the
2) on how it calculates the railroad
following individuals are authorized ordering
industry’s cost of equity capital. The
officers:
Board is seeking written comments on
lllllllllllllllllllll
these matters, as described below, and
lllllllllllllllllllll
later will hold a hearing to address these
(b) A Standard Form 30 will be the method issues.
of amending task/delivery orders.
DATES: Comments in both dockets are
(c) The Contractor shall acknowledge
due on July 1, 2014. Reply comments
receipt of each order and shall prepare and
are due on August 15, 2014. Following
forward to the Ordering Officer within ll
receipt of comments, the Board will
calendar days the proposed staffing plan for
schedule a public hearing at the Board’s
accomplishing the assigned task within the
headquarters located at 395 E Street
period specified.
SW., Washington, DC, to allow
(d) If the Contractor considers the
participants to appear and discuss the
estimated labor hours or specified work
submissions that were made. The Board
completion date to be unreasonable, the
Contractor shall promptly notify the Ordering will provide more details regarding the
hearing in a future decision.
Officer and Contracting Officer in writing
ADDRESSES: All filings may be submitted
within ll calendar days, stating why the
either via the Board’s e-filing format or
estimated labor hours or specified
in the traditional paper format. Any
completion date is considered unreasonable.
(e) Each task/delivery order will have a
person using e-filing should attach a
ceiling price, which the Contractor may not
document and otherwise comply with
exceed. When the Contractor has reason to
the instructions at the ‘‘E–FILING’’ link
believe that the labor payment and support
on the Board’s ‘‘www.stb.dot.gov’’ Web
costs for the order, which will accrue in the
site. Any person submitting a filing in
next thirty (30) days, will bring total cost to
the traditional paper format should send
over 85 percent of the ceiling price specified
an original and 10 copies of the filing to:
in the order, the Contractor shall notify the
Surface Transportation Board, Attn:
Ordering Officer.
Docket No. [EP 722 or EP 664 (Sub-No.
(f) Paragraphs (c), (d), and (e) of this clause 2), as the case may be], 395 E Street
apply only when services are being ordered.
SW., Washington, DC 20423–0001.
Copies of written submissions will be
(End of clause)
posted to the Board’s Web site and will
be available for viewing and selfEditorial Note: This document was
copying in the Board’s Public Docket
received by the Office of the Federal Register
Room, Suite 131. Copies of the
on March 26, 2014.
submissions will also be available (for a
[FR Doc. 2014–07109 Filed 4–4–14; 8:45 am]
fee) by contacting the Board’s Chief
BILLING CODE 6560–50–P
Records Officer at (202) 245–0236 or
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
1 Section 10704(a) of title 49 states with respect
to adequate revenues:
* * * * *
(2) The Board shall maintain and revise as
necessary standards and procedures for establishing
revenue levels for rail carriers * * * that are
adequate, under honest, economical, and efficient
management, to cover total operating expenses,
including depreciation and obsolescence, plus a
reasonable and economic profit or return (or both)
on capital employed in the business.* * * Revenue
levels established under this paragraph should—
(A) provide a flow of net income plus
depreciation adequate to support prudent capital
outlays, assure the repayment of a reasonable level
of debt, permit the raising of needed equity capital,
and cover the effects of inflation; and
(B) attract and retain capital in amounts adequate
to provide a sound transportation system in the
United States.
(3) On the basis of the standards and procedures
described in paragraph (2), the Board shall annually
determine which rail carriers are earning adequate
revenues.
E:\FR\FM\07APP1.SGM
07APP1
Agencies
[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Proposed Rules]
[Pages 19039-19042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07109]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1516 and 1552
[EPA-HQ-OARM-2013-0149; FRL-9908-87-OARM]
EPAAR Clause for Ordering by Designated Ordering Officers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to update policy, procedures, and
contract clauses. The proposed rule updates the Ordering--By Designated
Ordering Officers clause and corresponding prescription.
DATES: Comments must be received on or before May 7, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0149, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: valentino.thomas@epa.gov.
Mail: EPA-HQ-OARM-2013-0149, 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-
2013-0149. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket, and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment, and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties, and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov, or in hard copy at the Office of Environmental
Information (OEI) Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number 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
[[Page 19040]]
8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Thomas Valentino, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-4522; email address:
valentino.thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI, and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR Part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
The subject clause is currently codified in the EPAAR as the April
1984 basic clause without any alternates. The basic clause only
contemplates order issuance prior to receiving formal input from the
contractor. On December 21, 1989, a class deviation was issued to
prescribe an alternate to the clause that provides for negotiating the
terms and conditions of a task/delivery order prior to order issuance.
There are several benefits to negotiation prior to order issuance: The
Government is not charged directly for the time involved in
negotiations and the associated costs are part of bid and proposal
costs which are indirect charges spread across all Government
contracts; it allows for more accurate pricing for the order, and it
enables the Government to hold the Contractor to negotiated
requirements as soon as the order is issued. As a result, the subject
clause and corresponding prescription are being updated to add the 1989
class deviation. Because the class deviation provides several benefits
that the basic clause does not, it will be designated as the basic form
of the Ordering clause, and the previous basic form is being re-
designated as Alternate I. In addition, the EPAAR 1516.505(a) subject
clause prescription is being updated accordingly.
III. Proposed Rule
This proposed rule updates the EPAAR 1516.505(a) clause
prescription, and amends EPAAR 1552.216-72 to add an alternate version
to the Ordering--By Designated Ordering Officers clause.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
therefore, not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
For purposes of assessing the impact of today's final rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR provision and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
This rule contains no Federal mandates (under the regulatory
provisions of the Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of Sections 202 and 205 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an 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,
[[Page 19041]]
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.''
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government as
specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications as specified in Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution of Use'' (66 FR 28335 (May 22, 2001), because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C 272 note) of NTTA, Public Law 104-113,
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed rulemaking does not involve human health or
environmental affects.
List of Subjects in 48 CFR Parts 1516 and 1552
Government procurement.
Dated: June 21, 2013.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
PART 1516--TYPES OF CONTRACTS
0
1. The authority citation for 48 CFR part 1516 is revised 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
2. Revise 1516.505(a) as follows:
1516.505 Contract clauses.
(a) The Contracting Officer shall insert the clause in 1552.216-72,
Ordering--By Designated Ordering Officers, or a clause substantially
similar to the subject clause, in indefinite delivery/indefinite
quantity type solicitations and contracts. The Contracting Officer
shall insert Alternate I when formal input from the Contractor will not
be obtained prior to order issuance.
* * * * *
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citation for 48 CFR part 1552 continues to read as
follows:
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
0
4. Revise 1552.216-72 to read as follows:
1552.216-72 Ordering--by designated ordering officers.
As prescribed in 1516.505(a), insert the subject clause, or a
clause substantially similar to the subject clause, in indefinite
delivery/indefinite quantity type solicitations and contracts.
ORDERING--BY DESIGNATED ORDERING OFFICERS (------ 2013)
(a) The Government will order any supplies and services to be
furnished under this contract by issuing task/delivery orders on
Optional Form 347, or an agency prescribed form, from ------ through
------. In addition to the Contracting Officer, the following
individuals are authorized ordering officers.
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(b) A Standard Form 30 will be the method of amending task/
delivery orders.
(c) The Contractor shall acknowledge receipt of each order by
having an authorized company officer sign either a copy of a
transmittal letter or signature block on page 3 of the task/delivery
order, depending upon which is provided, within ---- calendar days
of receipt.
(d) Prior to the placement of any task/delivery order, the
Contractor will be provided with a proposed Performance Work
Statement/Statement of Work and will be asked to respond with
detailed technical and cost proposals within ---- calendar days or
less. The technical proposal will delineate the Contractor's
interpretation for the execution of the PWS/SOW, and the pricing
proposal will be the Contractor's best estimate for the hours, labor
categories and all costs associated with the execution. The
proposals are subject to negotiation. The Ordering Officer and the
Contractor shall reach agreement on all the material terms of each
order prior to the order being issued.
(e) Each task/delivery order issued will incorporate the
Contractor's technical and cost proposals as negotiated with the
Government, and will have a ceiling price which the contractor shall
not exceed. When
[[Page 19042]]
the Contractor has reason to believe that the labor payment and
support costs for the order which will accrue in the next thirty
(30) days will bring total cost to over 85 percent of the ceiling
price specified in the order, the Contractor shall notify the
Ordering Officer.
(f) Under no circumstances will the Contractor start work prior
to the issue date of the task/delivery order unless specifically
authorized to do so by the Ordering Officer. Any verbal
authorization will be confirmed in writing by the Ordering Officer
or Contracting Officer within ---- calendar days.
(End of clause)
Alternate I. As prescribed in 1516.505(a), insert the subject
clause, or a clause substantially similar to the subject clause, in
indefinite delivery/indefinite quantity contracts when formal input
from the Contractor will not be obtained prior to order issuance.
(a) The Government will order any supplies and services to be
furnished under this contract by issuing task/delivery orders on
Optional Form 347, or any agency prescribed form, from ------
through ------. In addition to the Contracting Officer, the
following individuals are authorized ordering officers:
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(b) A Standard Form 30 will be the method of amending task/
delivery orders.
(c) The Contractor shall acknowledge receipt of each order and
shall prepare and forward to the Ordering Officer within ----
calendar days the proposed staffing plan for accomplishing the
assigned task within the period specified.
(d) If the Contractor considers the estimated labor hours or
specified work completion date to be unreasonable, the Contractor
shall promptly notify the Ordering Officer and Contracting Officer
in writing within ---- calendar days, stating why the estimated
labor hours or specified completion date is considered unreasonable.
(e) Each task/delivery order will have a ceiling price, which
the Contractor may not exceed. When the Contractor has reason to
believe that the labor payment and support costs for the order,
which will accrue in the next thirty (30) days, will bring total
cost to over 85 percent of the ceiling price specified in the order,
the Contractor shall notify the Ordering Officer.
(f) Paragraphs (c), (d), and (e) of this clause apply only when
services are being ordered.
(End of clause)
Editorial Note: This document was received by the Office of the
Federal Register on March 26, 2014.
[FR Doc. 2014-07109 Filed 4-4-14; 8:45 am]
BILLING CODE 6560-50-P