80 FR 29984 - Environmental Protection Agency Acquisition Regulation (EPAAR); Describing Agency Needs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 100 (May 26, 2015)
Federal Register Volume 80, Issue 100 (May 26, 2015)
| Page Range | 29984-29987 | |
| FR Document | 2015-12660 |
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)] [Rules and Regulations] [Pages 29984-29987] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12660] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 48 CFR Part 1552 [EPA-HQ-OARM-2013-0523; FRL-9926-75-OARM] Environmental Protection Agency Acquisition Regulation (EPAAR); Describing Agency Needs AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is issuing a direct final rule to address administrative and minor non-substantive changes in four clauses. The direct final rule updates ``Monthly Progress Reports'', ``Working Files'', ``Final Reports'', and ``Management Consulting Services''. EPA does not anticipate any adverse comments. DATES: This rule is effective on July 27, 2015 without further notice, unless adverse comment is received June 25, 2015. If adverse comment is received, the EPA will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- OARM-2013-0523 by one of the following methods:www.regulations.gov: Follow the on-line instructions for submitting comments. Email: [email protected]. Fax: (202) 566-1753. Mail: EPA-HQ-OARM-2013-0523, 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- 2013-0523. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://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 http://www.regulations.gov or email. The http://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 http://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 http://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 http://www.regulations.gov or in hard copy at the Government Property-Contract Property Administration Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744 and the telephone number for the EPA Docket Center is (202) 566-1752. This Docket Facility is open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Holly Hubbell, Policy, Training, and Oversight Division, Acquisition Policy and Training Service Center (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-1091; email address: [email protected]. SUPPLEMENTARY INFORMATION: General Information 1. Do not submit Classified Business Information (CBI) to EPA Web site http://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: [[Page 29985]] 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. 3. Make sure to submit your comments by the comment period deadline identified. I. Background The EPA is revising EPAAR 1552.211-72, Monthly Progress Report, and 1552.211-77, Final Reports, to incorporate existing class deviations. Additionally, 1552.211-77 is updated to allow and clarify the electronic submission of final reports and, as such, should ease the administrative burden on Agency contractors. The revision of 1552.211- 75, Working Files, changes a minor word in the clause and 1552.211-78, Management Consulting Services, changes the title of the clause to be consistent with the title of the prescription Advisory and Assistance Services. The final rule published in the Federal Register at 61 FR 57339, November 6, 1996, was intended to change the title of this EPAAR clause from ``Management Consulting Services'' to ``Advisory and Assistance Services'', as well as the prescription title. However, execution of the Federal Register resulted in the change being applied to the title of the prescription only, which was in error. II. Final Rule This final rule makes the following changes: 1. Revises EPAAR 1552.211-72 to incorporate an existing class deviation. 2. Revises EPAAR 1552.211-75 to change the word ``its'' to ``the contractor's''. 3. Revises EPAAR 1552.211-77 to incorporate an existing class deviation and update to allow and add the instructions for the electronic submission of final reports. 4. Revises EPAAR 1552.211-78 to change the title of the clause from ``Management Consulting Services'' to ``Advisory and Assistance Services'' to be consistent with the title of the prescription. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ``significant regulatory action'' under the terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the E.O. 12866 and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). C. Regulatory Flexibility Act (RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et. seq. The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute; unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impact of this 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; or (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, because the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives ``which minimize any significant economic impact of the proposed rule on small entities'' 5 U.S.C. 503 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This action revises current EPAAR clauses and will not have a significant economic impact on substantial number of small entities. We continue to be interested in the potential impacts of the rule on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act This action contains no federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State, local, and tribal governments or the private sector. The action imposes no enforceable duty on any State, local or tribal governments or the private sector. Therefore, this action is not subject to the requirements of Sections 202 or 205 of the UMRA. This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Thus, Executive Order 13132 does not apply to this action. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on this action from State and local officials. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive Order 13175 does not apply to this action. [[Page 29986]] 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 E.O. 12886, and (2) concerns an environmental health or safety risk that may have a proportionate effect on children. This rule is not subject to E.O. 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (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) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (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 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 in the general public. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, 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. List of Subjects in 48 CFR Part 1552 Environmental protection, Government procurement, Reporting and recordkeeping requirements. Dated: May 14, 2015. John R. Bashista, Director, Office of Acquisition Management. For the reasons stated in the preamble, Chapter 15 of Title 48 Code of Federal Regulations, part 1552 is amended as set forth below: PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 1. The authority citation for part 1552 continues to read as follows: Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); and 41 U.S.C. 418b. 0 2. Amend 1552.211-72 by: 0 a. Removing from paragraph (c) the text ``subcontractor/consultant'' and adding in its place ``subcontractor''; 0 b. Revising paragraphs (d)(3)(ii) and (iii), and (d)(6); and 0 c. Revising paragraphs (e)(3)(ii) and (iii), and (e)(5). The revisions read as follows: 1552.211-72 Monthly progress report. * * * * * (d) * * * (3) * * * (ii) For the current reporting period display the expended direct labor hours (by EPA contract labor category), and the total loaded direct labor costs. (iii) For the cumulative contract period display: The negotiated and expended direct labor hours (by EPA labor category) and the total loaded direct labor costs. * * * * * (6) Average total cost per labor hour. For the current contract period, compare the actual cost per hour to date with the average total cost per hour of the approved work plans. (e) * * * (3) * * * (ii) For the current reporting period display the expended direct labor hours (by EPA contract labor category), and the total loaded direct labor hours. (iii) For the cumulative reporting period and the cumulative contract period display: The negotiated and expended direct labor hours (by EPA labor hour category) and the loaded direct labor rate. * * * * * (5) Average total cost labor hour. For the current contract period, compare the actual total cost per hour to date with the average total cost per hour of the approved workplans. * * * * * 1552.211-75 [Amended] 0 3. Amend 1552.211-75 by removing the text ``its'' and adding ``the contractor's'' in its place. 0 4. Amend 1552.211-77 by revising the first sentence in paragraph (a), and adding paragraph (c) to read as follows: 1552.211-77 Final reports. * * * * * (a) ``Draft Report'' The Contractor shall submit a copy of the draft final report on or before (date) to the Contracting Officer's Representative and Contracting Officer in electronic format, unless specified otherwise by the Government. * * * * * * * * (c) The electronic format of the draft and final report shall be in accordance with the current EPA policy and procedures. (End of clause) 1552.211-78 [Amended] 0 5. Amend 1552.211-78 by: 0 a. Revising the section heading; 0 b. In the introductory text, by removing ``management consulting services'' and adding ``advisory and assistance services'' in its place; and [[Page 29987]] 0 c. Revising the clause heading. The revisions read as follows: 1552.211-78 Advisory and assistance services. * * * * * Advisory and Assistance Services (Jul 2015) * * * * * [FR Doc. 2015-12660 Filed 5-22-15; 8:45 am] BILLING CODE 6560-50-P
![29984 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
(MIRR). The WAWF Energy RR is the DATES: This rule is effective on July 27, encryption, and be free of any defects or
electronic equivalent of the DD Form 250 for 2015 without further notice, unless viruses. For additional information
overland shipments and DD Form 250–1, adverse comment is received June 25, about EPA’s public docket visit the EPA
Tanker/Barge Material Inspection and 2015. If adverse comment is received, Docket Center homepage at http://
Receiving Report, for waterborne shipments.
(b) The use of the DD Form 250 series
the EPA will publish a timely www.epa.gov/epahome/dockets.htm.
documents is on an exception basis (see withdrawal of the rule in the Federal Docket: All documents in the docket
DFARS 232.7002(a)) because use of the Register. are listed in the http://
WAWF RR is now required by most DoD ADDRESSES: Submit your comments, www.regulations.gov index. Although
contracts. * * * identified by Docket ID No. EPA–HQ– listed in the index, some information is
* * * * * OARM–2013–0523 by one of the not publicly available, e.g., CBI or other
following methods: information whose disclosure is
F–103 Use.
• www.regulations.gov: Follow the restricted by statute. Certain other
* * * * * material, such as copyrighted material,
(d) Use the WAWF Energy RR or the DD on-line instructions for submitting
comments. will be publicly available only in hard
Form 250–1:
• Email: docket.oei@epa.gov. copy. Publicly available docket
* * * * *
• Fax: (202) 566–1753. materials are available either
F–104 Application. • Mail: EPA–HQ–OARM–2013–0523, electronically in http://
* * * * * OEI Docket, Environmental Protection www.regulations.gov or in hard copy at
(b) WAWF Energy RR or the DD Form 250– Agency, 2822T, 1200 Pennsylvania Ave. the Government Property-Contract
1. NW., Washington, DC 20460. Please Property Administration Docket, EPA/
* * * * * include a total of three (3) copies. DC, EPA West, Room 3334, 1301
• Hand Delivery: EPA Docket Constitution Ave. NW., Washington,
Part 3—Preparation of the Wide Area DC. The Public Reading Room is open
Center—Attention OEI Docket, EPA
Workflow (WAWF) Receiving Report (RR)
West, Room B102, 1301 Constitution from 8:30 a.m. to 4:30 p.m., Monday
and WAWF Energy RR
Ave. NW., Washington, DC 20004. Such through Friday, excluding legal
F–301 Preparation instructions. deliveries are only accepted during the holidays. The telephone number for the
* * * * * Docket’s normal hours of operation, and Public Reading Room is (202) 566–1744
(b) * * * special arrangements should be made and the telephone number for the EPA
(13) Marked for/code. Enter the code from for deliveries of boxed information. Docket Center is (202) 566–1752. This
the contract or shipping instructions. Only Instructions: Direct your comments to Docket Facility is open from 8:30 a.m.
valid DoDAACs, MAPACs, or CAGE codes Docket ID No. EPA–HQ–OARM–2013– to 4:30 p.m. Monday through Friday,
can be entered. Vendors should use the
0523. EPA’s policy is that all comments excluding legal holidays.
WAWF ‘‘Mark for Rep’’ and ‘‘Mark for
Secondary’’ fields for textual marking received will be included in the public FOR FURTHER INFORMATION CONTACT:
information specified in the contract. Enter docket without change and may be Holly Hubbell, Policy, Training, and
the three-character project code when made available online at http:// Oversight Division, Acquisition Policy
provided in the contract or shipping www.regulations.gov, including any and Training Service Center (3802R),
instructions. personal information provided, unless Environmental Protection Agency, 1200
* * * * * the comment includes information Pennsylvania Ave. NW., Washington,
[FR Doc. 2015–12342 Filed 5–22–15; 8:45 am] claimed to be Confidential Business DC 20460; telephone number: 202–564–
BILLING CODE 5001–06–P
Information (CBI) or other information 1091; email address: hubbell.holly@
whose disclosure is restricted by statute. epa.gov.
Do not submit information that you
consider to be CBI or otherwise SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION protected through http:// General Information
AGENCY www.regulations.gov or email. The
http://www.regulations.gov Web site is 1. Do not submit Classified Business
48 CFR Part 1552 an ‘‘anonymous access’’ system, which Information (CBI) to EPA Web site
means EPA will not know your identity http://www.regulations.gov or email.
[EPA–HQ–OARM–2013–0523; FRL–9926– or contact information unless you Clearly mark the part or all of the
75–OARM] provide it in the body of your comment. information that you claim to be CBI.
If you send an email comment directly For CBI information in a disk or CD–
Environmental Protection Agency ROM that you mail to EPA, mark the
to EPA without going through http://
Acquisition Regulation (EPAAR); outside of the disk or CD–ROM as CBI,
www.regulations.gov your email address
Describing Agency Needs and then identify electronically within
will be automatically captured and
AGENCY: Environmental Protection included as part of the comment that is the disk or CD–ROM the specific
Agency (EPA). placed in the public docket and made information that is claimed as CBI. In
ACTION: Direct final rule. available on the Internet. If you submit addition to one complete version of the
an electronic comment, EPA comment that includes information
SUMMARY: The Environmental Protection recommends that you include your claimed as CBI, a copy of the comment
Agency (EPA) is issuing a direct final name and other contact information in that does not contain the information
rule to address administrative and the body of your comment and with any claimed as CBI must be submitted for
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minor non-substantive changes in four disk or CD–ROM you submit. If EPA inclusion in the public docket.
clauses. The direct final rule updates cannot read your comment due to Information so marked will not be
‘‘Monthly Progress Reports’’, ‘‘Working technical difficulties and cannot contact disclosed except in accordance with
Files’’, ‘‘Final Reports’’, and you for clarification, EPA may not be procedures set forth in 40 CFR part 2.
‘‘Management Consulting Services’’. able to consider your comment. 2. Tips for Preparing Your Comments.
EPA does not anticipate any adverse Electronic files should avoid the use of When submitting comments, remember
comments. special characters, any form of to:
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![29986 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
G. Executive Order 13045: Protection of populations in the United States. EPA 1552.211–72 Monthly progress report.
Children From Environmental Health has determined that this final rule will * * * * *
and Safety Risks not have disproportionately high and (d) * * *
Executive Order 13045, entitled adverse human health or environmental (3) * * *
‘‘Protection of Children from effects on minority or low-income (ii) For the current reporting period
Environmental Health and Safety Risks’’ populations because it does not affect display the expended direct labor hours
(62 FR 19885, April 23, 1997), applies the level of protection provided to (by EPA contract labor category), and
to any rule that: (1) Is determined to be human health or the environment in the the total loaded direct labor costs.
economically significant as defined general public. (iii) For the cumulative contract
under E.O. 12886, and (2) concerns an period display: The negotiated and
K. Congressional Review Act expended direct labor hours (by EPA
environmental health or safety risk that
may have a proportionate effect on The Congressional Review Act, 5 labor category) and the total loaded
children. This rule is not subject to E.O. U.S.C. 801 et seq., as added by the Small direct labor costs.
13045 because it does not establish an Business Regulatory Enforcement * * * * *
environmental standard intended to Fairness Act of 1996, generally provides (6) Average total cost per labor hour.
mitigate health or safety risks. that before a rule may take effect, the For the current contract period, compare
Agency promulgating the rule must the actual cost per hour to date with the
H. Executive Order 13211: Actions That submit a rule report, which includes a average total cost per hour of the
Significantly Affect Energy Supply, copy of the rule, to each House of the approved work plans.
Distribution, or Use Congress and to the Comptroller General (e) * * *
This action is not subject to Executive of the United States. Section 804 (3) * * *
Order 13211 (66 FR 28335 (May 22, exempts from section 801 the following (ii) For the current reporting period
2001), because it is not a significant types of rules (1) rules of particular display the expended direct labor hours
regulatory action under Executive Order applicability; (2) rules relating to agency (by EPA contract labor category), and
12866. management or personnel; and (3) rules the total loaded direct labor hours.
of Agency organization, procedure, or (iii) For the cumulative reporting
I. National Technology Transfer and
practice that do not substantially affect period and the cumulative contract
Advancement Act of 1995 (NTTAA)
the rights or obligations of non-agency period display: The negotiated and
Section 12(d) of the National parties. 5 U.S.C. 804(3). EPA is not expended direct labor hours (by EPA
Technology Transfer and Advancement required to submit a rule report labor hour category) and the loaded
Act of 1995 (‘‘NTTAA’’), Public Law regarding this action under section 801 direct labor rate.
104–113, 12(d) (15 U.S.C. 272 note) because this is a rule of agency * * * * *
directs EPA to use voluntary consensus organization, procedure, or practice that (5) Average total cost labor hour. For
standards in its regulatory activities does not substantially affect the rights or the current contract period, compare the
unless to do so would be inconsistent obligations of non-agency parties. actual total cost per hour to date with
with applicable law or otherwise the average total cost per hour of the
impractical. Voluntary consensus List of Subjects in 48 CFR Part 1552
approved workplans.
standards are technical standards (e.g.,
Environmental protection, * * * * *
materials specifications, test methods,
Government procurement, Reporting
sampling procedures and business 1552.211–75 [Amended]
and recordkeeping requirements.
practices) that are developed or adopted
by voluntary consensus standards Dated: May 14, 2015. ■ 3. Amend 1552.211–75 by removing
bodies. NTTAA directs EPA to provide John R. Bashista, the text ‘‘its’’ and adding ‘‘the
Congress, through OMB, explanations contractor’s’’ in its place.
Director, Office of Acquisition Management.
when the Agency decides not to use ■ 4. Amend 1552.211–77 by revising the
For the reasons stated in the first sentence in paragraph (a), and
available and applicable voluntary
preamble, Chapter 15 of Title 48 Code adding paragraph (c) to read as follows:
consensus standards. This action does
of Federal Regulations, part 1552 is
not involve technical standards. 1552.211–77 Final reports.
amended as set forth below:
Therefore, EPA is not considering the
use of any voluntary consensus * * * * *
PART 1552—SOLICITATION
standards. (a) ‘‘Draft Report’’ The Contractor shall
PROVISIONS AND CONTRACT
submit a copy of the draft final report on or
J. Executive Order 12898: Federal CLAUSES before (date) to the Contracting Officer’s
Actions To Address Environmental Representative and Contracting Officer in
Justice in Minority Populations and ■ 1. The authority citation for part 1552 electronic format, unless specified otherwise
Low-Income Populations continues to read as follows: by the Government. * * *
Executive Order 12898 (59 FR 7629 Authority: 5 U.S.C. 301; Sec. 205(c), 63 * * * * *
(February 16, 1994) establishes federal Stat. 390, as amended, 40 U.S.C. 486(c); and (c) The electronic format of the draft and
executive policy on environmental 41 U.S.C. 418b. final report shall be in accordance with the
current EPA policy and procedures.
justice. Its main provision directs ■ 2. Amend 1552.211–72 by:
federal agencies, to the greatest extent (End of clause)
practicable and permitted by law, to ■ a. Removing from paragraph (c) the
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make environmental justice part of their text ‘‘subcontractor/consultant’’ and 1552.211–78 [Amended]
mission by identifying and addressing, adding in its place ‘‘subcontractor’’;
■ 5. Amend 1552.211–78 by:
as appropriate, disproportionately high ■ b. Revising paragraphs (d)(3)(ii) and ■ a. Revising the section heading;
and adverse human health or (iii), and (d)(6); and ■ b. In the introductory text, by
environmental effects of their programs, ■ c. Revising paragraphs (e)(3)(ii) and removing ‘‘management consulting
policies, and activities on minority (iii), and (e)(5). services’’ and adding ‘‘advisory and
populations and low-income The revisions read as follows: assistance services’’ in its place; and
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![Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29987
■ c. Revising the clause heading. 1552.211–78 Advisory and assistance Advisory and Assistance Services (Jul
services. 2015)
The revisions read as follows:
* * * * * * * * * *
[FR Doc. 2015–12660 Filed 5–22–15; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2018-02-21 10:31:23
Document Modified: 2018-02-21 10:31:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on July 27, 2015 without further notice, unless adverse comment is received June 25, 2015. If adverse comment is received, the EPA will publish a timely withdrawal of the rule in the Federal Register. | |
| Contact | Holly Hubbell, Policy, Training, and Oversight Division, Acquisition Policy and Training Service Center (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., | |
| FR Citation | 80 FR 29984 | |
| CFR Associated | Environmental Protection; Government Procurement and Reporting and Recordkeeping Requirements |
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