Acquisition Regulation: Removal of EPA Mentor Protégé Program, 28772-28774 [2018-13349]
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28772
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations
for the enforcement of this safety zone
via Broadcast Notice to Mariners or
Local Notice to Mariners. The Captain of
the Port Lake Michigan or a
representative may be contacted via
Channel 16, VHF–FM or at (414) 747–
7182.
Dated: May 29, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–13341 Filed 6–20–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1519 and 1552
[EPA–HQ–OARM–2018–0165; FRL–9979–
24–OARM]
Acquisition Regulation: Removal of
´ ´
EPA Mentor Protege Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is taking direct
final action to amend the EPA
Acquisition Regulation (EPAAR) by
´ ´
removing Mentor-protege clause
requirement and the corresponding
´ ´
provision and clause, ‘‘Mentor Protege
Program’’ and ‘‘Procedures for
´ ´
Participation in the EPA Mentor Protege
Program’’.
DATES: This final rule is effective on
September 19, 2018 without further
notice, unless EPA receives adverse
comment by July 23, 2018. If EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OARM–2018–0165, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
pmangrum on DSK30RV082PROD with RULES
SUMMARY:
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Jkt 244001
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Shakethia Allen, Policy, Training, and
Oversight Division, Acquisition Policy
and Training Service Center (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: 202–564–
5157; email address: allen.shakethia@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This direct final rule makes the
following changes to 48 CFR parts 1519
and 1552: (1) Remove 1519.203, Mentor´ ´
protege, (2) clause 1552.219–70, Mentor
´ ´
Protege Program, and (3) provision
1552.219–71, Procedures for
´ ´
Participation in the EPA Mentor Protege
Program.
II. General Information
A. Why is EPA using a direct final rule?
EPA is publishing this rule without a
prior proposed rule because we view
this as a noncontroversial action and
anticipate no adverse comment. If EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. Any
parties interested in commenting must
do so at this time.
B. Does this action apply to me?
EPAAR 1519.203 and corresponding
clause and provision, respectively,
1552.219–70 and 1552.219–71 apply to
all contractors who hold a current
contract with EPA which includes these
clauses.
C. What should I consider as I prepare
my comments for EPA?
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
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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.
III. Background
The U.S. Environmental Protection
´ ´
Agency Mentor-Protege Program was
established to stimulate small
disadvantaged businesses (SDBs) and
women-owned small businesses
(WOSBs) participation in Agency
contracts. Prime contractors (mentors)
provide technical and managerial
support to SDBs or WOSBs
´ ´
subcontractors (proteges).
The Small Business Jobs Act of 2010
and the National Defense Authorization
Act for Fiscal Year 2013 provided
authority for the Small Business
Administration (SBA) to establish
´ ´
mentor-protege programs for all small
businesses. Rather than creating
separate programs for each
constituency—Service Disabled Veteran
Owned Businesses, Women Owned
Small Businesses, Historically
Underutilized Business Zones—the SBA
chose to create a single, all-inclusive
´ ´
mentor-protege program modeled on the
´ ´
successful mentor-protege program
available to participants in its 8(a)
´ ´
program. SBA’s mentor protege program
is federal wide, so EPA can use it
instead of managing its own program.
E:\FR\FM\21JNR1.SGM
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations
EPA will use SBA’s program to reduce
redundancy and increase efficiencies.
IV. Statutory and Executive Orders
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (E.O.) 12866 (58 FR
51735, October 4, 1993) and therefore,
not subject to review under the E.O..
pmangrum on DSK30RV082PROD with RULES
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 this 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-forprofit 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 removes 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
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Jkt 244001
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, Local,
and Tribal governments and the private
sector. This rule contains no Federal
mandates (under the regulatory
provisions of the Title II of the UMRA)
for State, Local, and Tribal governments
or the private sector. The rule imposes
no enforceable duty on any State, Local
or Tribal governments or the private
sector. Thus, the rule is not subject to
the requirements of sections 202 and
205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and Local officials in the development
of regulatory policies that have
federalism implications.’’ ‘‘Policies that
have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This rule does
not have federalism implications. It will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government as specified in
Executive Order 13132.
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
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28773
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 final rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or 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
NTTAA, 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 NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
final rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 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 final
rulemaking will not have
disproportionately high and adverse
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28774
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This rulemaking does
not involve human health or
environmental effects.
Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.
K. Congressional Review
■
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804
exempts from section 801 the following
types of rules (1) rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
of agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties. 5 U.S.C. 804(3). EPA is not
required to submit a rule report
regarding this action under section 801
because this is a rule of agency
organization, procedure, or practice that
does not substantially affect the rights or
obligations of non-agency parties. EPA
will use SBA’s federal wide mentor
´ ´
protege program instead of managing its
own program.
List of Subjects in 48 CFR Parts 1519
and 1552
Environmental protection,
Government procurement, Reporting
and recordkeeping requirements, Small
businesses.
Dated: May 16, 2018.
Kimberly Patrick,
Director, Office of Acquisition Management.
For the reasons stated in the
preamble, 48 CFR parts 1519 and 1552
are amended as set forth below:
PART 1519—SMALL BUSINESS
PROGRAMS
1. The authority citation for part 1519
continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, as
amended, 40 U.S.C. 486(c).
1519.203
[Removed and reserved]
2. Section 1519.203 is removed and
reserved.
pmangrum on DSK30RV082PROD with RULES
■
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for part 1552
continues to read as follows:
■
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Jkt 244001
1552.219–70
[Removed and reserved]
4. Section 1552.219–70 is removed
and reserved.
■
1552.219–71
[Removed and reserved]
5. Section 1552.219–71 is removed
and reserved.
[FR Doc. 2018–13349 Filed 6–20–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383, 384, and 391
[Docket No. FMCSA–2018–0152]
RIN 2126–AC18
Extension of Compliance Dates for
Medical Examiner’s Certification
Integration
140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments,
including collection of information
comments for the Office of Information
and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, by telephone at 202–366–
4001, or by email at fmcsamedical@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Docket Services,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Rulemaking Documents
FMCSA amends its
regulations to delay the compliance date
from June 22, 2018, to June 22, 2021, for
several provisions of its April 23, 2015
Medical Examiner’s Certification
Integration final rule. This action is
being taken to provide FMCSA
additional time to complete certain
information technology (IT) system
development tasks for its National
Registry of Certified Medical Examiners
(National Registry) and provide the
State Driver’s Licensing Agencies
(SDLAs) sufficient time to make the
necessary IT programming changes after
upgrades to the National Registry.
DATES:
Effective Date: This interim final rule
is effective June 21, 2018.
Public Comment Period: Comments
must be received on or before August
20, 2018.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2018–0152 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
A. Submitting Comments
If you submit a comment, please
include the docket number for this
interim final rule (Docket No. FMCSA–
2018–0152), indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2018–0152, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Interim final rule; request for
comments.
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Rules and Regulations]
[Pages 28772-28774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13349]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1519 and 1552
[EPA-HQ-OARM-2018-0165; FRL-9979-24-OARM]
Acquisition Regulation: Removal of EPA Mentor
Prot[eacute]g[eacute] Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) is taking
direct final action to amend the EPA Acquisition Regulation (EPAAR) by
removing Mentor-prot[eacute]g[eacute] clause requirement and the
corresponding provision and clause, ``Mentor Prot[eacute]g[eacute]
Program'' and ``Procedures for Participation in the EPA Mentor
Prot[eacute]g[eacute] Program''.
DATES: This final rule is effective on September 19, 2018 without
further notice, unless EPA receives adverse comment by July 23, 2018.
If EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2018-0165, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Shakethia Allen, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number: 202-564-5157; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This direct final rule makes the following changes to 48 CFR parts
1519 and 1552: (1) Remove 1519.203, Mentor-prot[eacute]g[eacute], (2)
clause 1552.219-70, Mentor Prot[eacute]g[eacute] Program, and (3)
provision 1552.219-71, Procedures for Participation in the EPA Mentor
Prot[eacute]g[eacute] Program.
II. General Information
A. Why is EPA using a direct final rule?
EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. Any parties interested in commenting must do so
at this time.
B. Does this action apply to me?
EPAAR 1519.203 and corresponding clause and provision,
respectively, 1552.219-70 and 1552.219-71 apply to all contractors who
hold a current contract with EPA which includes these clauses.
C. What should I consider as I prepare my comments for EPA?
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.
III. Background
The U.S. Environmental Protection Agency Mentor-
Prot[eacute]g[eacute] Program was established to stimulate small
disadvantaged businesses (SDBs) and women-owned small businesses
(WOSBs) participation in Agency contracts. Prime contractors (mentors)
provide technical and managerial support to SDBs or WOSBs
subcontractors (prot[eacute]g[eacute]s).
The Small Business Jobs Act of 2010 and the National Defense
Authorization Act for Fiscal Year 2013 provided authority for the Small
Business Administration (SBA) to establish mentor-prot[eacute]g[eacute]
programs for all small businesses. Rather than creating separate
programs for each constituency--Service Disabled Veteran Owned
Businesses, Women Owned Small Businesses, Historically Underutilized
Business Zones--the SBA chose to create a single, all-inclusive mentor-
prot[eacute]g[eacute] program modeled on the successful mentor-
prot[eacute]g[eacute] program available to participants in its 8(a)
program. SBA's mentor prot[eacute]g[eacute] program is federal wide, so
EPA can use it instead of managing its own program.
[[Page 28773]]
EPA will use SBA's program to reduce redundancy and increase
efficiencies.
IV. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
and therefore, not subject to review under the E.O..
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 this 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 removes a current EPAAR provision and does not
impose requirements involving capital investment, implementing
procedures, or record keeping. This rule will not have a significant
economic impact on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector. This rule contains no Federal
mandates (under the regulatory provisions of the Title II of the UMRA)
for State, Local, and Tribal governments or the private sector. The
rule imposes no enforceable duty on any State, Local or Tribal
governments or the private sector. Thus, the rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This rule
does not have federalism implications. It will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government as specified in
Executive Order 13132.
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 final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or 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 NTTAA, 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 NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This final
rulemaking does not involve technical standards. Therefore, EPA is not
considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations (59 FR 7629,
February 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 final rulemaking will not
have disproportionately high and adverse
[[Page 28774]]
human health or environmental effects on minority or low-income
populations because it does not affect the level of protection provided
to human health or the environment. This rulemaking does not involve
human health or environmental effects.
K. Congressional Review
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of agency organization, procedure, or practice that does
not substantially affect the rights or obligations of non-agency
parties. EPA will use SBA's federal wide mentor prot[eacute]g[eacute]
program instead of managing its own program.
List of Subjects in 48 CFR Parts 1519 and 1552
Environmental protection, Government procurement, Reporting and
recordkeeping requirements, Small businesses.
Dated: May 16, 2018.
Kimberly Patrick,
Director, Office of Acquisition Management.
For the reasons stated in the preamble, 48 CFR parts 1519 and 1552
are amended as set forth below:
PART 1519--SMALL BUSINESS PROGRAMS
0
1. The authority citation for part 1519 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
1519.203 [Removed and reserved]
0
2. Section 1519.203 is removed and reserved.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citation for part 1552 continues to read as follows:
Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.
1552.219-70 [Removed and reserved]
0
4. Section 1552.219-70 is removed and reserved.
1552.219-71 [Removed and reserved]
0
5. Section 1552.219-71 is removed and reserved.
[FR Doc. 2018-13349 Filed 6-20-18; 8:45 am]
BILLING CODE 6560-50-P