Acquisition Regulation; Incorporation of Class Deviation to Notification of Conflicts of Interest Regarding Personnel and Project Employee Confidentiality Agreement, 49033-49036 [2014-19420]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules revision submitted by the state of Missouri on May 8, 2012, related to a Missouri Rule titled, ‘‘Certain Coals to be Washed.’’ This rule requires specified coals to be washed prior to sale in the St. Louis metropolitan area. This action amends the SIP to update an outdated reference in the rule. DATES: Comments on this proposed action must be received in writing by September 18, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2014–0582, by mail to Amy Bhesania, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Amy Bhesania, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551–7147, or by email at bhesania.amy@epa.gov. SUPPLEMENTARY INFORMATION: In the final rules section of the Federal Register, EPA is approving the state’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, VerDate Mar<15>2010 14:49 Aug 18, 2014 Jkt 232001 Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 7, 2014. Karl Brooks, Regional Administrator, Region 7. [FR Doc. 2014–19556 Filed 8–18–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 48 CFR Parts 1509, 1527, and 1552 [EPA–HQ–OARM–2013–0224; FRL–9915– 19–OARM] Acquisition Regulation; Incorporation of Class Deviation to Notification of Conflicts of Interest Regarding Personnel and Project Employee Confidentiality Agreement Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) proposes to amend the EPA Acquisition Regulation (EPAAR) to incorporate a class deviation to clause 1552.209–73, Notification of Conflicts of Interest Regarding Personnel, and 1552.227–76, Project Employee Confidentiality Agreement, and their respective prescriptions, to include Alternate 1 for the subcontract flowdown requirements for other than Superfund work. The class deviation to the two clauses was executed to address the increased use of these conflict of interest (COI) clauses in non-Superfund contracts to better protect the Agency from COI. The Superfund flow-down language in the basic clauses does not apply or relate to non-Superfund contracts and would likely be confusing if the Superfund specific language was not deleted. The proposed rule also provides for minor administrative edits. DATES: Comments must be received on or before September 18, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OARM–2013–0224, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: humphries.daniel@epa.gov. • Mail: EPA–HQ–OARM–2013–0224, 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 SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 49033 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– 0224. 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 http:// 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 E:\FR\FM\19AUP1.SGM 19AUP1 49034 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules 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: wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 14:49 Aug 18, 2014 Jkt 232001 • Make sure to submit your comments by the comment period deadline identified. II. Background EPA is updating the EPAAR to incorporate a class deviation that was executed to add subcontract flow-down requirements for other than Superfund work to the two clauses: 1552.209–73 and 1552.227–76. The Agency’s COI clauses are generally written to address COI for the Superfund programs. These two clauses are increasingly included in non-Superfund contracts to better protect the Agency from COI. The Superfund specific flow-down language in the respective clauses do not generally apply or relate to nonSuperfund contracts and would likely be confusing if it was not deleted. To address this, the proposed rule includes an Alternate 1 that provides subcontract flow-down requirements for other than Superfund work, as well as minor administrative edits. III. Proposed Rule This proposed rule includes the following content changes: (1) Adds prescriptive language to 1509.507–2(b) for an Alternate 1 under clause 1552.209–73 that replaces paragraph (d) for other than Superfund work. (2) For clause 1552.209–73, Alternate 1 is added for other than superfund work under paragraph (d) that addresses subcontract flow-down requirements. (3) Under 1527.409, prescriptive language is added for an Alternate 1 for clause 1552.227–76 that replaces paragraph (d) for other than Superfund work. (4) Under Clause 1552.227–76, Alternate 1 is added for other than Superfund work for paragraph (d) that addresses subcontract flow-down requirements. (5) The proposed rule also provides minor administrative edits. 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. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 E:\FR\FM\19AUP1.SGM 19AUP1 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules accountable process to ensure ‘‘meaningful and timely input by State and Local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government as specified in Executive Order 13132. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This rule does not have tribal implications as specified in Executive Order 13175. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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. 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 effects. 49035 PART 1509—CONTRACTOR QUALIFICATIONS 1. 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). 2. Section 1509.507–2 is amended by revising paragraphs (a) and (b) and in paragraph (c) introductory text by removing the term ‘‘simplified acquisition procedures’’ and adding in its place ‘‘simplified acquisitions’’. The revisions read as follows: ■ 1509.507–2 Contract clause. (a) The Contracting Officer shall include the clause at 1552.209–71, in all Superfund contracts in excess of the simplified acquisition threshold and, as appropriate, in simplified acquisitions for Superfund work. Contracts for other than Superfund work shall include Alternate I in this clause in lieu of paragraph (e). (b) The Contracting Officer shall include the clause at 1552.209–73, in all solicitations and contracts for Superfund work in excess of the simplified acquisition threshold and, as appropriate, in simplified acquisitions for Superfund work. Contracts for other than Superfund work shall include Alternate I in this clause in lieu of paragraph (d). * * * * * PART 1527—PATENTS, DATA, AND COPYRIGHTS 3. The authority citation for part 1527 continues to read as follows: ■ Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). 4. Revise section 1527.409 to read as follows: ■ 1527.409 Solicitation provisions and contract clauses. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Dated: August 6, 2014. John R. Bashista, Director, Office of Acquisition Management. The Contracting Officer shall insert the clause in 1552.227–76 in all Superfund solicitations and contracts in excess of the simplified acquisition threshold and, as appropriate, in simplified acquisitions for Superfund work. The clause may be used in other contracts if considered necessary by the Contracting Officer. Contracts for other than Superfund work shall include Alternate I in this clause in lieu of paragraph (d). 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 Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth below: PART 1552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 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. ■ VerDate Mar<15>2010 14:49 Aug 18, 2014 Jkt 232001 List of Subjects in 48 CFR Parts 1509, 1527, and 1552 Government procurement. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 5. The authority citation for part 1552 continues to read as follows: E:\FR\FM\19AUP1.SGM 19AUP1 49036 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules 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. 6. 1552.209–73 is amended by removing the term ‘‘Project Officer’’ in paragraphs (b) and (c) and adding in its place ‘‘Contracting Officer’s Representative’’ and adding Alternate I. The addition reads as follows: ■ 1552.209–73 Notification of conflicts of interest regarding personnel. * * * * * Alternate I. Contracts for other than Superfund work shall include Alternate I in this clause in lieu of paragraph (d). (d) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer. ■ 7. 1552.227–76 is amended by adding Alternate I to read as follows: 1552.227–76 Project employee confidentiality agreement. * * * * * Alternate I. Contracts for other than Superfund work shall include Alternate I in this clause in lieu of paragraph (d). (d) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer. [FR Doc. 2014–19420 Filed 8–18–14; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 13–184; FCC 14–99] Modernization of the Schools and Libraries ‘‘E-rate’’ Program Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Federal Communications Commission (Commission) seeks further comment on meeting the future funding needs of the E-rate program in light of the goals we adopt for the program in an accompanying Report and Order. The Commission acknowledges that modernizing a program of this size and scope cannot be accomplished at once and so it will continue to seek public input and additional ideas to bring 21st Century broadband to libraries and schools throughout the country. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 14:49 Aug 18, 2014 Jkt 232001 Comments are due on or before September 15, 2014 and reply comments are due on or before September 30, 2014. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this document, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit comments, identified by either WC Docket No. 13– 184, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: http:// fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418–0530 or TTY: (202) 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: James Bachtell or Kate Dumouchel, Wireline Competition Bureau, Telecommunications Access Policy Division, at (202) 418–7400 or TTY: (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Further Notice of Proposed Rulemaking (FNPRM) in WC Docket No. 13–184; FCC 14–99, adopted on July 11, 2014 and released on July 23, 2014. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th St. SW., Washington, DC 20554 or at the following Internet address: http:// www.fcc.gov/document/fcc-releases-erate-modernization-order. The Report and Order that was adopted concurrently with the FNPRM is published elsewhere in this issue of the Federal Register. Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998. D Electronic Filers: Comments may be filed electronically using the Internet by DATES: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 accessing the ECFS: http:// fjallfoss.fcc.gov/ecfs2/. D Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. D All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW–A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. D Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. D U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). I. Further Notice of Proposed Rulemaking 1. In this FNPRM we seek further comment on meeting the future funding needs of the E-rate program in light of the goals we adopt for the program today. We also seek comment on several discrete issues that may further simplify the administration of the E-rate program by continuing to reduce the burden on applicants of applying for and receiving E-rate support, as well as promoting cost-effective purchasing through multiyear contracts and consortium purchasing. Specifically, we seek comment on ensuring that multi-year contracts are efficient. We also seek comment on proposals to ensure the efficient use of NSLP data. In particular, we seek to require participating NSLP schools to use their NSLP eligibility for purposes of calculating their school’s discount rate calculation, rather than E:\FR\FM\19AUP1.SGM 19AUP1

Agencies

[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Proposed Rules]
[Pages 49033-49036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19420]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1509, 1527, and 1552

[EPA-HQ-OARM-2013-0224; FRL-9915-19-OARM]


Acquisition Regulation; Incorporation of Class Deviation to 
Notification of Conflicts of Interest Regarding Personnel and Project 
Employee Confidentiality Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to amend 
the EPA Acquisition Regulation (EPAAR) to incorporate a class deviation 
to clause 1552.209-73, Notification of Conflicts of Interest Regarding 
Personnel, and 1552.227-76, Project Employee Confidentiality Agreement, 
and their respective prescriptions, to include Alternate 1 for the 
subcontract flow-down requirements for other than Superfund work. The 
class deviation to the two clauses was executed to address the 
increased use of these conflict of interest (COI) clauses in non-
Superfund contracts to better protect the Agency from COI. The 
Superfund flow-down language in the basic clauses does not apply or 
relate to non-Superfund contracts and would likely be confusing if the 
Superfund specific language was not deleted. The proposed rule also 
provides for minor administrative edits.

DATES: Comments must be received on or before September 18, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0224, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: humphries.daniel@epa.gov.
     Mail: EPA-HQ-OARM-2013-0224, 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-
2013-0224. 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 http://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

[[Page 49034]]

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 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

    EPA is updating the EPAAR to incorporate a class deviation that was 
executed to add subcontract flow-down requirements for other than 
Superfund work to the two clauses: 1552.209-73 and 1552.227-76. The 
Agency's COI clauses are generally written to address COI for the 
Superfund programs. These two clauses are increasingly included in non-
Superfund contracts to better protect the Agency from COI. The 
Superfund specific flow-down language in the respective clauses do not 
generally apply or relate to non-Superfund contracts and would likely 
be confusing if it was not deleted. To address this, the proposed rule 
includes an Alternate 1 that provides subcontract flow-down 
requirements for other than Superfund work, as well as minor 
administrative edits.

III. Proposed Rule

    This proposed rule includes the following content changes: (1) Adds 
prescriptive language to 1509.507-2(b) for an Alternate 1 under clause 
1552.209-73 that replaces paragraph (d) for other than Superfund work. 
(2) For clause 1552.209-73, Alternate 1 is added for other than 
superfund work under paragraph (d) that addresses subcontract flow-down 
requirements. (3) Under 1527.409, prescriptive language is added for an 
Alternate 1 for clause 1552.227-76 that replaces paragraph (d) for 
other than Superfund work. (4) Under Clause 1552.227-76, Alternate 1 is 
added for other than Superfund work for paragraph (d) that addresses 
subcontract flow-down requirements. (5) The proposed rule also provides 
minor administrative edits.

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

[[Page 49035]]

accountable process to ensure ``meaningful and timely input by State 
and Local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    This rule does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government as 
specified in Executive Order 13132.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This rule does not have 
tribal implications as specified in Executive Order 13175.

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

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997), 
applies to any rule that: (1) Is determined to be economically 
significant as defined under Executive Order 12886, and (2) concerns an 
environmental health or safety risk that may have a proportionate 
effect on children. This rule is not subject to Executive Order 13045 
because it is not an economically significant rule as defined by 
Executive Order 12866, and because it does not involve decisions on 
environmental health or safety risks.

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

    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That 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 effects.

List of Subjects in 48 CFR Parts 1509, 1527, and 1552

    Government procurement.

    Dated: August 6, 2014.
John R. Bashista,
Director, Office of Acquisition Management.

    Therefore, 48 CFR Chapter 15 is proposed to be 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 1509--CONTRACTOR QUALIFICATIONS

0
1. 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).

0
2. Section 1509.507-2 is amended by revising paragraphs (a) and (b) and 
in paragraph (c) introductory text by removing the term ``simplified 
acquisition procedures'' and adding in its place ``simplified 
acquisitions''.
    The revisions read as follows:


1509.507-2   Contract clause.

    (a) The Contracting Officer shall include the clause at 1552.209-
71, in all Superfund contracts in excess of the simplified acquisition 
threshold and, as appropriate, in simplified acquisitions for Superfund 
work. Contracts for other than Superfund work shall include Alternate I 
in this clause in lieu of paragraph (e).
    (b) The Contracting Officer shall include the clause at 1552.209-
73, in all solicitations and contracts for Superfund work in excess of 
the simplified acquisition threshold and, as appropriate, in simplified 
acquisitions for Superfund work. Contracts for other than Superfund 
work shall include Alternate I in this clause in lieu of paragraph (d).
* * * * *

PART 1527--PATENTS, DATA, AND COPYRIGHTS

0
3. The authority citation for part 1527 continues to read as follows:

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

0
4. Revise section 1527.409 to read as follows:


1527.409   Solicitation provisions and contract clauses.

    The Contracting Officer shall insert the clause in 1552.227-76 in 
all Superfund solicitations and contracts in excess of the simplified 
acquisition threshold and, as appropriate, in simplified acquisitions 
for Superfund work. The clause may be used in other contracts if 
considered necessary by the Contracting Officer. Contracts for other 
than Superfund work shall include Alternate I in this clause in lieu of 
paragraph (d).

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. The authority citation for part 1552 continues to read as follows:


[[Page 49036]]


    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
6. 1552.209-73 is amended by removing the term ``Project Officer'' in 
paragraphs (b) and (c) and adding in its place ``Contracting Officer's 
Representative'' and adding Alternate I.
    The addition reads as follows:


1552.209-73   Notification of conflicts of interest regarding 
personnel.

* * * * *
    Alternate I. Contracts for other than Superfund work shall include 
Alternate I in this clause in lieu of paragraph (d).
    (d) The Contractor agrees to insert in each subcontract or 
consultant agreement placed hereunder provisions which shall conform 
substantially to the language of this clause, including this paragraph 
(d), unless otherwise authorized by the Contracting Officer.

0
7. 1552.227-76 is amended by adding Alternate I to read as follows:


1552.227-76   Project employee confidentiality agreement.

* * * * *
    Alternate I. Contracts for other than Superfund work shall include 
Alternate I in this clause in lieu of paragraph (d).
    (d) The Contractor agrees to insert in each subcontract or 
consultant agreement placed hereunder provisions which shall conform 
substantially to the language of this clause, including this paragraph 
(d), unless otherwise authorized by the Contracting Officer.

[FR Doc. 2014-19420 Filed 8-18-14; 8:45 am]
BILLING CODE 6560-50-P