81 FR 31526 - Environmental Protection Agency Acquisition Regulation; General, Publicizing Contract Actions, Types of Contracts, Bonds and Insurance, Taxes, Contract Financing, Solicitation Provisions and Contract Clauses

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 97 (May 19, 2016)

Page Range		31526-31529
FR Document		2016-11838
The Environmental Protection Agency (EPA) is issuing a final rule to make administrative changes to the Environmental Protection Agency Acquisition Regulation (EPAAR). EPA does not anticipate any adverse comments.
Federal Register, Volume 81 Issue 97 (Thursday, May 19, 2016)
[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31526-31529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11838]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1501, 1505, 1516, 1528, 1529, 1532 and 1552

[EPA-HQ-OARM-2015-0799; FRL 9945-66-OARM]


Environmental Protection Agency Acquisition Regulation; General, 
Publicizing Contract Actions, Types of Contracts, Bonds and Insurance, 
Taxes, Contract Financing, Solicitation Provisions and Contract Clauses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is issuing a final 
rule to make administrative changes to the Environmental Protection 
Agency Acquisition Regulation (EPAAR). EPA does not anticipate any 
adverse comments.

DATES: This rule is effective on July 18, 2016 without further action, 
unless EPA receives adverse comment by June 20, 2016. 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-2015-0799, at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Julianne Odend'hal, Policy, Training, 
and Oversight Division, Acquisition Policy and Training Service Center 
(3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington DC 20460; telephone number: (202) 564-5218; email address: 
odend'[email protected].

SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because 
EPA views this as a noncontroversial action and anticipates no adverse 
comment. EPAAR Parts 1501, 1505, 1516, 1528, 1529, 1532, and 1552 are 
being amended to make administrative changes to the EPAAR. If EPA 
receives adverse comment, a timely withdrawal will be published 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.

II. Does this action apply to me?

    The EPAAR applies to contractors who have a contract with the EPA.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
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.
    B. 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.

[[Page 31527]]

     Make sure to submit your comments by the comment period 
deadline identified.

IV. Background

    EPAAR Parts 1501, 1505, 1516, 1528, 1529, 1532, and 1552 are being 
amended to make administrative changes.

V. Final Rule

    This direct final rule makes the following changes: (1) Corrects 
references in EPAAR 1501.370 to read ``1511.011-70 and 1511.011-72'' 
instead of ``1510.011-70 and 1510.011-72'' and ``1552.211-72'' instead 
of ``1552.210-72''; (2) corrects EPAAR 1505.203(a) to read ``Government 
Point of Entry (GPE)'' instead of ``Commerce Business Daily (CBD)''; 
(3) corrects reference in EPAAR 1516.301-70 to read ``1552.211-73'' 
instead of ``1552.212-70''; (4) deletes ``(SEP 1995)'' in EPAAR 
1516.406(b); (5) corrects the title of EPAAR Part 1528 to read ``Bonds 
and Insurance'' instead of ``Bonds of Insurance''; (6) removes ``EPAAR 
Subpart 1529.4--Contract Clauses, 1529.401 Domestic contracts, 
1529.401-70 [Reserved]''; (7) corrects EPAAR 1532.908 to read ``non-
commercial time and materials'' instead of ``fixed rate''; (8) corrects 
EPAAR 1552.211-78 to read ``Contracting Officer's Representative 
(COR)'' instead of ``Project Officer''; (9) corrects the web address in 
EPAAR 1552.211-79(d) to read ``http://www2.epa.gov/irmpoli8/current-information-directives'' instead of ``http://wpa.gov/docs/irmpoli8/policies/index.htlm''; (10) corrects the prescription in EPAAR 
1552.216-70 to read ``1516.406(a)'' instead of ``1516.405(a)''; (11) 
corrects the date in the clause title in EPAAR 1552.216-72 to read 
``(JUL 2014)'' instead of ``(__2014)''; (12) corrects the reference in 
the prescription in EPAAR 1552.216-75 to read ``1516.406(b)'' instead 
of ``1516.405(b)''; (13) corrects the reference in the prescription in 
EPAAR 1552.216-77 to read ``1516.406(c)'' instead of ``1515.406(c)''; 
(14) corrects the reference in the prescription in EPAAR 1552.216-78 to 
read ``1516.406(c)'' instead of ``1515.406(c)''; (15) corrects the 
reference in the prescription in EPAAR 1552.216-79 to read 
``1516.406(c)'' instead of ``1515.406(c)''; (16) corrects EPAAR 
1552.232-70 Alternate I prescription to read ``non-commercial time and 
materials'' instead of ``fixed rate''; (17) increases the number of 
fill-in lines in paragraph (a) of EPAAR clause 1552.237-72 from two to 
15; and (18) corrects the EPAAR 1552.242-70 prescription to add ``and 
non-commercial time and materials'' after ``cost-reimbursement.''

VI. 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 and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the PRA because it does not contain any information collection 
activities.

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.

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. 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, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This action amends EPAAR Parts 1501, 
1505, 1516, 1528, 1529, 1532, and 1552 to make administrative changes. 
We have therefore concluded that this action will have no net 
regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.

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.

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

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

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

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

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

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

I. National Technology Transfer and Advancement Act of 1995

    This rulemaking does not involve technical 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

[[Page 31528]]

the level of protection provided to human health or the environment.

K. Congressional Review

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules (1) rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding 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 Parts 1501, 1505, 1516, 1528, 1529, 
1532, and 1552

    Government procurement.

    Dated: May 2, 2016.
John R. Bashista,
Director, Office of Acquisition Management.

    For the reasons stated in the preamble, 48 CFR parts 1501, 1505, 
1516, 1528, 1529, 1532 and 1552 are amended as set forth below:

PART 1501--GENERAL

0
1. The authority citation for part 1501 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.


1501.370  [Amended]

0
2. Amend section 1501.370, table, by removing the text ``1510.011-70 
and 1510.011-72'' and adding the text ``1511.011-70 and 1511.011-72'' 
in its place; and removing the text ``1552.210-72'' and adding the text 
``1552.211-72'' in its place.

PART 1505--PUBLICIZING CONTRACT ACTIONS

0
3. The authority citation for part 1505 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1505.203  [Amended]

0
4. Amend section 1505.203, paragraph (a), by removing the words 
``Commerce Business Daily (CBD)'' and adding the words ``Government 
Point of Entry (GPE)'' in their place.

PART 1516--TYPES OF CONTRACTS

0
5. The authority citation for part 1516 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1516.301-70  [Amended]

0
6. Amend section 1516.301-70 by removing the text ``1552.212-70'' and 
adding text ``1552.211-73'' in its place.


1516.406  [Amended]

0
7. Amend 1516.406, paragraph (b) by removing the text ``(SEP 1995)''.

PART 1528--BONDS AND INSURANCE

0
8. The authority citation for part 1528 is added to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


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

PART 1529--TAXES

0
10. The authority citation for part 1529 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.

Subpart 1529.4 [Removed and Reserved]

0
11. Remove and reserve subpart 1529.4.

PART 1532--CONTRACT FINANCING

0
12. The authority citation for part 1532 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1532.908  [Amended]

0
13. Amend section 1532.908 by removing the words ``fixed-rate'' and 
adding the words ``non-commercial time and materials'' in its place.

PART 1552--SOLICATION PROVISIONS AND CONTRACT CLAUSES

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

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1552.211-78  [Amended]

0
15. Amend section 1552.211-78 by removing the words ``EPA Project 
Officer'' and adding the words ``EPA Contracting Officer's 
Representative (COR)'' in its place and removing the words ``EPA 
Project Officer's'' and adding ``COR's'' in its place; and removing the 
text ``(JUL 2015)'' and adding the text ``(JUL 2016)'' in its place.


1552.211-79  [Amended]

0
16. Amend section 1552.211-79, paragraph (d), by removing the text 
``http://epa.gov/docs/irmpoli8/policies/index/html'' and adding the 
text ``http://www2.epa.gov/irmpoli8/current-information-directives'' in 
its place; and adding, after the clause heading, the text ``(JUL 
2016)''.


1552.216-70  [Amended]

0
17. Amend the introductory text of section 1552.216-70 by removing the 
text ``1516.405(a)'' and adding the text ``1516.406(a)'' in its place.


1552.216-72  [Amended]

0
18. Amend section 1552.216-72 by removing the text ``(___2014)'' and 
adding the text ``(JUL 2014)'' in its place.


1552.216-75  [Amended]

0
19. Amend the introductory text of section 1552.216-75 by removing the 
text ``1516.405(b)'' and adding the text ``1516.406(b)'' in its place.


1552.216-77  [Amended]

0
20. Amend the introductory text of section 1552.216-77 by removing the 
text ``1515.406(c)'' and adding the text ``1516.406(c)'' in its place.


1552.216-78  [Amended]

0
21. Amend the introductory text of section 1552.216-78 by removing the 
text ``1515.406(c)'' and adding the text ``1516.406(c)'' in its place.


1552.216-79  [Amended]

0
22. Amend the introductory text of section 1552.216-79 by removing the 
text ``1515.406(c)'' and adding the text ``1516.406(c)'' in its place.


1552.232-70  [Amended]

0
23. Amend section 1552.232-70, in the introductory text of Alternate 1, 
by removing the words ``fixed-rate'' and adding the words ``non-
commercial time and materials'' in its place.


1552.237-72  [Amended]

0
24. Amend section 1552.237-72, paragraph (a), by adding 13 horizontal 
lines below the existing two horizontal lines.
0
25. Amend section 1552.242-70 by revising the introductory text to read 
as follows:

[[Page 31529]]

1552.242-70  Indirect costs.

    As prescribed in 1542.705-70, insert the following clause in all 
cost-reimbursement and non-commercial time and materials type 
contracts. If ceilings are not being established, enter ``not 
applicable'' in paragraph (c) of the clause.
* * * * *
[FR Doc. 2016-11838 Filed 5-18-16; 8:45 am]
 BILLING CODE 6560-50-P
31526 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations

PART 180—[AMENDED] ■ i. Remove the existing entry for anhydride’’ to the table to read as
‘‘Maleic acid and maleic anhydride’’ follows:
■ 1. The authority citation for part 180 from the table.
continues to read as follows: § 180.920 Inert ingredients used
■ ii. Add alphabetically the following preharvest; exemptions from the
Authority: 21 U.S.C. 321(q), 346a and 371. entries ‘‘Maleic acid,’’ and ‘‘Maleic requirement of a tolerance.
■ 2. In § 180.920: * * * * *

Inert ingredients Limits Uses

* * * * * * *
Maleic acid ................................................. For pesticide formulations applied to apples with a minimum preharvest interval of Stabilizer.
21 days.
Maleic anhydride (CAS Reg. No. 108–31– Not to exceed 3.5% in pesticide formulations; or for pesticide formulations applied Stabilizer.
6). to apples with a minimum preharvest interval of 21 days.

* * * * * * *

[FR Doc. 2016–11837 Filed 5–18–16; 8:45 am] restricted by statute. Multimedia III. What should I consider as I prepare
BILLING CODE 6560–50–P submissions (audio, video, etc.) must be my comments for EPA?
accompanied by a written comment. A. Submitting CBI. Do not submit this
The written comment is considered the information to EPA through http://
ENVIRONMENTAL PROTECTION official comment and should include www.regulations.gov or email. Clearly
AGENCY discussion of all points you wish to mark the part or all of the information
make. The EPA will generally not that you claim to be CBI. For CBI
48 CFR Parts 1501, 1505, 1516, 1528, consider comments or comment
1529, 1532 and 1552 information in a disk or CD–ROM that
contents located outside of the primary you mail to EPA, mark the outside of the
[EPA–HQ–OARM–2015–0799; FRL 9945–66– submission (i.e. on the web, cloud, or disk or CD–ROM as CBI, and then
OARM] other file sharing system). For identify electronically within the disk or
additional submission methods, the full CD–ROM the specific information that
Environmental Protection Agency EPA public comment policy, is claimed as CBI. In addition to one
Acquisition Regulation; General, information about CBI or multimedia complete version of the comment that
Publicizing Contract Actions, Types of submissions, and general guidance on includes information claimed as CBI, a
Contracts, Bonds and Insurance, making effective comments, please visit copy of the comment that does not
Taxes, Contract Financing, Solicitation http://www2.epa.gov/dockets/ contain the information claimed as CBI
Provisions and Contract Clauses commenting-epa-dockets. must be submitted for inclusion in the
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: public docket. Information so marked
Agency (EPA). Julianne Odend’hal, Policy, Training, will not be disclosed except in
ACTION: Direct final rule. and Oversight Division, Acquisition accordance with procedures set forth in
Policy and Training Service Center 40 CFR part 2.
SUMMARY: The Environmental Protection B. Tips for Preparing Your Comments.
(3802R), Environmental Protection
Agency (EPA) is issuing a final rule to When submitting comments, remember
make administrative changes to the Agency, 1200 Pennsylvania Avenue
to:
Environmental Protection Agency NW., Washington DC 20460; telephone • Identify the rulemaking by docket
Acquisition Regulation (EPAAR). EPA number: (202) 564–5218; email address: number and other identifying
does not anticipate any adverse odend’hal.julianne@epa.gov. information (subject heading, Federal
comments. SUPPLEMENTARY INFORMATION: Register date and page number).
DATES: This rule is effective on July 18,
• Follow directions—The agency may
I. Why is EPA using a direct final rule? ask you to respond to specific questions
2016 without further action, unless EPA
EPA is publishing this rule without a or organize comments by referencing a
receives adverse comment by June 20,
prior proposed rule because EPA views Code of Federal Regulations (CFR) part
2016. If EPA receives adverse comment,
this as a noncontroversial action and or section number.
we will publish a timely withdrawal in • Explain why you agree or disagree,
the Federal Register informing the anticipates no adverse comment.
suggest alternatives, and substitute
public that the rule will not take effect. EPAAR Parts 1501, 1505, 1516, 1528,
language for your requested changes.
ADDRESSES: Submit your comments, 1529, 1532, and 1552 are being • Describe any assumptions and
identified by Docket ID No. EPA–HQ– amended to make administrative provide any technical information and/
OARM–2015–0799, at http:// changes to the EPAAR. If EPA receives or data that you used.
www.regulations.gov. Follow the online adverse comment, a timely withdrawal • If you estimate potential costs or
instructions for submitting comments. will be published in the Federal burdens, explain how you arrived at
asabaliauskas on DSK3SPTVN1PROD with RULES

Once submitted, comments cannot be Register informing the public that the your estimate in sufficient detail to
edited or removed from Regulations.gov. rule will not take effect. Any parties allow for it to be reproduced.
The EPA may publish any comment interested in commenting must do so at • Provide specific examples to
received to its public docket. Do not this time. illustrate your concerns, and suggest
submit electronically any information II. Does this action apply to me? alternatives.
you consider to be Confidential • Explain your views as clearly as
Business Information (CBI) or other The EPAAR applies to contractors possible, avoiding the use of profanity
information whose disclosure is who have a contract with the EPA. or personal threats.

VerDate Sep<11>2014 18:09 May 18, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\19MYR1.SGM 19MYR1
Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31527

• Make sure to submit your commercial time and materials’’ after F. Executive Order 13175: Consultation
comments by the comment period ‘‘cost-reimbursement.’’ and Coordination With Indian Tribal
deadline identified. Governments
VI. Statutory and Executive Order
IV. Background Reviews This action does not have tribal
implications, as specified in Executive
EPAAR Parts 1501, 1505, 1516, 1528, A. Executive Order 12866: Regulatory Order 13175 (65 FR 67249, November 9,
1529, 1532, and 1552 are being Planning and Review and Executive 2000). Thus, Executive Order 13175
amended to make administrative Order 13563: Improving Regulation and does not apply to this action. In the
changes. Regulatory Review spirit of Executive Order 13175, and
V. Final Rule consistent with EPA policy to promote
This action is not a significant communication between EPA and Tribal
This direct final rule makes the regulatory action and was therefore not governments, EPA specifically solicits
following changes: (1) Corrects submitted to the Office of Management additional comment on this rule from
references in EPAAR 1501.370 to read and Budget (OMB) for review. Tribal officials.
‘‘1511.011–70 and 1511.011–72’’ instead
B. Paperwork Reduction Act G. Executive Order 13045: Protection of
of ‘‘1510.011–70 and 1510.011–72’’ and
Children From Environmental Health
‘‘1552.211–72’’ instead of ‘‘1552.210– This action does not impose an Risks and Safety Risks
72’’; (2) corrects EPAAR 1505.203(a) to information collection burden under the
read ‘‘Government Point of Entry (GPE)’’ EPA interprets Executive Order 13045
PRA because it does not contain any (62 FR 19885, April 23, 1997) as
instead of ‘‘Commerce Business Daily information collection activities.
(CBD)’’; (3) corrects reference in EPAAR applying only to those regulatory
1516.301–70 to read ‘‘1552.211–73’’ C. Regulatory Flexibility Act (RFA), as actions that concern health or safety
instead of ‘‘1552.212–70’’; (4) deletes Amended by the Small Business risks, such that the analysis required
‘‘(SEP 1995)’’ in EPAAR 1516.406(b); (5) Regulatory Enforcement Fairness Act of under section 5–501 of the Executive
corrects the title of EPAAR Part 1528 to 1996 (SBREFA), 5 U.S.C. 601 et seq. Order has the potential to influence the
read ‘‘Bonds and Insurance’’ instead of regulation. This action is not subject to
‘‘Bonds of Insurance’’; (6) removes I certify that this action will not have Executive Order 13045 because it does
‘‘EPAAR Subpart 1529.4—Contract a significant economic impact on a not establish an environmental standard
Clauses, 1529.401 Domestic contracts, substantial number of small entities intended to mitigate health or safety
1529.401–70 [Reserved]’’; (7) corrects under the RFA. In making this risks.
EPAAR 1532.908 to read ‘‘non- determination, the impact of concern is H. Executive Order 13211: Actions
commercial time and materials’’ instead any significant adverse economic Concerning Regulations That
of ‘‘fixed rate’’; (8) corrects EPAAR impact on small entities. An agency may Significantly Affect Energy Supply,
1552.211–78 to read ‘‘Contracting certify that a rule will not have a Distribution, or Use
Officer’s Representative (COR)’’ instead significant economic impact on a This action is not subject to Executive
of ‘‘Project Officer’’; (9) corrects the web substantial number of small entities if Order 13211 (66 FR 28355 (May 22,
address in EPAAR 1552.211–79(d) to the rule relieves regulatory burden, has 2001)), because it is not a significant
read ‘‘http://www2.epa.gov/irmpoli8/ no net burden or otherwise has a regulatory action under Executive Order
current-information-directives’’ instead positive economic effect on the small 12866.
of ‘‘http://wpa.gov/docs/irmpoli8/ entities subject to the rule. This action
policies/index.htlm’’; (10) corrects the I. National Technology Transfer and
amends EPAAR Parts 1501, 1505, 1516,
prescription in EPAAR 1552.216–70 to Advancement Act of 1995
1528, 1529, 1532, and 1552 to make
read ‘‘1516.406(a)’’ instead of This rulemaking does not involve
administrative changes. We have
‘‘1516.405(a)’’; (11) corrects the date in technical standards.
therefore concluded that this action will
the clause title in EPAAR 1552.216–72
to read ‘‘(JUL 2014)’’ instead of ‘‘(__ have no net regulatory burden for all J. Executive Order 12898: Federal
2014)’’; (12) corrects the reference in the directly regulated small entities. Actions To Address Environmental
prescription in EPAAR 1552.216–75 to Justice in Minority Populations and
D. Unfunded Mandates Reform Act
read ‘‘1516.406(b)’’ instead of Low-Income Populations
‘‘1516.405(b)’’; (13) corrects the This action does not contain an Executive Order 12898 (59 FR 7629,
reference in the prescription in EPAAR unfunded mandate of $100 million or (February 16, 1994)) establishes federal
1552.216–77 to read ‘‘1516.406(c)’’ more as described in UMRA, 2 U.S.C. executive policy on environmental
instead of ‘‘1515.406(c)’’; (14) corrects 1531–1538, and does not significantly or justice. Its main provision directs
the reference in the prescription in uniquely affect small governments. The federal agencies, to the greatest extent
EPAAR 1552.216–78 to read action imposes no enforceable duty on practicable and permitted by law, to
‘‘1516.406(c)’’ instead of ‘‘1515.406(c)’’; any state, local or tribal governments or make environmental justice part of their
(15) corrects the reference in the the private sector. mission by identifying and addressing,
prescription in EPAAR 1552.216–79 to as appropriate, disproportionately high
read ‘‘1516.406(c)’’ instead of E. Executive Order 13132: Federalism and adverse human health or
‘‘1515.406(c)’’; (16) corrects EPAAR environmental effects of their programs,
This action does not have federalism
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1552.232–70 Alternate I prescription to policies, and activities on minority
implications. It will not have substantial
read ‘‘non-commercial time and populations and low-income
materials’’ instead of ‘‘fixed rate’’; (17) direct effects on the states, on the populations in the United States. EPA
increases the number of fill-in lines in relationship between the national has determined that this final rule will
paragraph (a) of EPAAR clause government and the states, or on the not have disproportionately high and
1552.237–72 from two to 15; and (18) distribution of power and adverse human health or environmental
corrects the EPAAR 1552.242–70 responsibilities among the various effects on minority or low-income
prescription to add ‘‘and non- levels of government. populations because it does not affect

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31528 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations

the level of protection provided to words ‘‘Government Point of Entry words ‘‘EPA Project Officer’s’’ and
human health or the environment. (GPE)’’ in their place. adding ‘‘COR’s’’ in its place; and
removing the text ‘‘(JUL 2015)’’ and
K. Congressional Review PART 1516—TYPES OF CONTRACTS adding the text ‘‘(JUL 2016)’’ in its
The Congressional Review Act, 5 place.
U.S.C. 801 et seq., as added by the Small ■ 5. The authority citation for part 1516
Business Regulatory Enforcement is revised to read as follows: 1552.211–79 [Amended]
Fairness Act of 1996, generally provides Authority: 5 U.S.C. 301 and 41 U.S.C. ■ 16. Amend section 1552.211–79,
that before a rule may take effect, the 418b. paragraph (d), by removing the text
agency promulgating the rule must ‘‘http://epa.gov/docs/irmpoli8/policies/
submit a rule report, which includes a 1516.301–70 [Amended]
index/html’’ and adding the text ‘‘http://
copy of the rule, to each House of the ■ 6. Amend section 1516.301–70 by www2.epa.gov/irmpoli8/current-
Congress and to the Comptroller General removing the text ‘‘1552.212–70’’ and information-directives’’ in its place; and
of the United States. Section 804 adding text ‘‘1552.211–73’’ in its place. adding, after the clause heading, the text
exempts from section 801 the following ‘‘(JUL 2016)’’.
types of rules (1) rules of particular 1516.406 [Amended]
applicability; (2) rules relating to agency ■ 7. Amend 1516.406, paragraph (b) by 1552.216–70 [Amended]
management or personnel; and (3) rules removing the text ‘‘(SEP 1995)’’. ■ 17. Amend the introductory text of
of agency organization, procedure, or section 1552.216–70 by removing the
practice that do not substantially affect PART 1528—BONDS AND INSURANCE
text ‘‘1516.405(a)’’ and adding the text
the rights or obligations of non-agency ‘‘1516.406(a)’’ in its place.
parties. 5 U.S.C. 804(3). EPA is not ■ 8. The authority citation for part 1528
required to submit a rule report is added to read as follows: 1552.216–72 [Amended]
regarding this action under section 801 Authority: 5 U.S.C. 301 and 41 U.S.C.
because this is a rule of agency 418b. ■ 18. Amend section 1552.216–72 by
organization, procedure, or practice that removing the text ‘‘(___2014)’’ and
■ 9. The part 1528 heading is revised to adding the text ‘‘(JUL 2014)’’ in its
does not substantially affect the rights or read as set forth above.
obligations of non-agency parties. place.

List of Subjects in 48 CFR Parts 1501, PART 1529—TAXES 1552.216–75 [Amended]
1505, 1516, 1528, 1529, 1532, and 1552 ■ 19. Amend the introductory text of
■ 10. The authority citation for part
Government procurement. 1529 is revised to read as follows: section 1552.216–75 by removing the
Dated: May 2, 2016.
text ‘‘1516.405(b)’’ and adding the text
Authority: 5 U.S.C. 301 and 41 U.S.C. ‘‘1516.406(b)’’ in its place.
John R. Bashista, 418b.
Director, Office of Acquisition Management. 1552.216–77 [Amended]
Subpart 1529.4 [Removed and
For the reasons stated in the Reserved] ■ 20. Amend the introductory text of
preamble, 48 CFR parts 1501, 1505, section 1552.216–77 by removing the
1516, 1528, 1529, 1532 and 1552 are ■ 11. Remove and reserve subpart text ‘‘1515.406(c)’’ and adding the text
amended as set forth below: 1529.4. ‘‘1516.406(c)’’ in its place.
PART 1501—GENERAL PART 1532—CONTRACT FINANCING 1552.216–78 [Amended]

■ 1. The authority citation for part 1501 ■ 21. Amend the introductory text of
■ 12. The authority citation for part
continues to read as follows: section 1552.216–78 by removing the
1532 is revised to read as follows:
Authority: 5 U.S.C. 301: Sec. 205(c), 63
text ‘‘1515.406(c)’’ and adding the text
Authority: 5 U.S.C. 301 and 41 U.S.C. ‘‘1516.406(c)’’ in its place.
Stat. 390 as amended, 40 U.S.C. 486(c); and 418b.
41 U.S.C. 418B.
1552.216–79 [Amended]
1532.908 [Amended]
1501.370 [Amended] ■ 22. Amend the introductory text of
■ 2. Amend section 1501.370, table, by ■ 13. Amend section 1532.908 by section 1552.216–79 by removing the
removing the text ‘‘1510.011–70 and removing the words ‘‘fixed-rate’’ and text ‘‘1515.406(c)’’ and adding the text
1510.011–72’’ and adding the text adding the words ‘‘non-commercial time ‘‘1516.406(c)’’ in its place.
‘‘1511.011–70 and 1511.011–72’’ in its and materials’’ in its place.
place; and removing the text ‘‘1552.210– 1552.232–70 [Amended]
72’’ and adding the text ‘‘1552.211–72’’ PART 1552—SOLICATION
PROVISIONS AND CONTRACT ■ 23. Amend section 1552.232–70, in
in its place. the introductory text of Alternate 1, by
CLAUSES
PART 1505—PUBLICIZING CONTRACT removing the words ‘‘fixed-rate’’ and
ACTIONS ■ 14. The authority citation for part adding the words ‘‘non-commercial time
1552 continues to read as follows: and materials’’ in its place.
■ 3. The authority citation for part 1505 Authority: 5 U.S.C. 301 and 41 U.S.C. 1552.237–72 [Amended]
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is revised to read as follows: 418b.
Authority: 5 U.S.C. 301 and 41 U.S.C. ■ 24. Amend section 1552.237–72,
1552.211–78 [Amended] paragraph (a), by adding 13 horizontal
418b.
■ 15. Amend section 1552.211–78 by lines below the existing two horizontal
1505.203 [Amended] removing the words ‘‘EPA Project lines.
■ 4. Amend section 1505.203, paragraph Officer’’ and adding the words ‘‘EPA ■ 25. Amend section 1552.242–70 by
(a), by removing the words ‘‘Commerce Contracting Officer’s Representative revising the introductory text to read as
Business Daily (CBD)’’ and adding the (COR)’’ in its place and removing the follows:

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Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31529

1552.242–70 Indirect costs. Pipeline and Hazardous Materials Safety Aviation Administration (FAA) and
As prescribed in 1542.705–70, insert Administration, U.S. Department of ICAO all of which are described in the
the following clause in all cost- Transportation, 1200 New Jersey Ave. October 30, 2015 IFR, prompted action
reimbursement and non-commercial SE., Washington, DC 20590–0001. to address this issue. The requirements
time and materials type contracts. If SUPPLEMENTARY INFORMATION: in this final rule apply only to battery-
ceilings are not being established, enter powered portable electronic smoking
Table of Contents devices (e.g., e-cigarettes, e-cigs, e-
‘‘not applicable’’ in paragraph (c) of the
clause. I. Background cigars, e-pipes, e-hookahs, personal
II. Comment Discussion vaporizers, electronic nicotine delivery
* * * * * III. Regulatory Analyses and Notices
[FR Doc. 2016–11838 Filed 5–18–16; 8:45 am] systems). Notably, this final rule does
A. Statutory Authority for This Rulemaking neither prohibits passengers from
BILLING CODE 6560–50–P B. Executive Order 12866, Executive Order
transporting other devices containing
13563, and DOT Regulatory Policies and
Procedures batteries for personal use (such as
C. Executive Order 13132 laptop computers, cell phones, cameras,
DEPARTMENT OF TRANSPORTATION etc.) in checked or carry-on baggage, nor
D. Executive Order 13175
Pipeline and Hazardous Materials E. Regulatory Flexibility Act, Executive does it restrict passengers from
Order 13272, and DOT Procedures and transporting batteries for personal use in
Safety Administration Policies carry-on baggage.
F. Paperwork Reduction Act
49 CFR Part 175 G. Regulation Identifier Number (RIN) II. Comment Discussion
H. Unfunded Mandates Reform Act PHMSA received eleven comments to
[Docket No. PHMSA–2015–0165 (HM–262)] I. Executive Order 13609 and International
Trade Analysis
the October 30, 2015 IFR: Four of the
RIN 2137–AF12 commenters supported the provisions of
J. Environmental Assessment
K. Privacy Act the IFR as written; four of the
Hazardous Materials: Carriage of
IV. List of Subjects commenters suggested the prohibition
Battery-Powered Electronic Smoking
of the carriage of battery-powered
Devices in Passenger Baggage I. Background portable electronic smoking devices
AGENCY: Pipeline and Hazardous On October 30, 2015, PHMSA should be extended to carry-on baggage;
Materials Safety Administration published an IFR in the Federal one commenter suggested that the
(PHMSA), DOT. Register [80 FR 66817] that prohibits prohibition should also be extended to
ACTION: Final rule.
passengers and crewmembers from prohibit such devices to be transported
carrying battery-powered portable as mail on passenger aircraft; and two
SUMMARY: The Pipeline and Hazardous electronic smoking devices (e.g., commenters objected to all or part of the
Materials Safety Administration e-cigarettes, e-cigs, e-cigars, e-pipes, IFR.
(PHMSA) is issuing a final rule to personal vaporizers, electronic nicotine The four commenters who
prohibit passengers and crewmembers delivery systems) in checked baggage recommended that PHMSA extend the
from carrying battery-powered portable and from charging these devices and prohibition of the IFR to prohibit the
electronic smoking devices (e.g., their batteries on board the aircraft. The carriage of battery-powered portable
e-cigarettes, e-cigs, e-cigars, e-pipes, use of battery-powered portable electronic smoking devices in carry-on
e-hookahs, personal vaporizers, electronic smoking devices has been and checked baggage noted that if these
electronic nicotine delivery systems) in rising substantially, and they have devices pose a fire risk they should not
checked baggage and from charging increasingly become a common item in be permitted in the cabin of an aircraft
these devices and their batteries on passenger baggage. Prior to the issuance either. PHMSA believes that prohibiting
board the aircraft. However, these of this IFR, airline passengers and the carriage of these devices only in
devices may continue to be carried in crewmembers were permitted to carry checked baggage best targets the safety
carry-on baggage. This action is these devices in either checked or carry- issue that we are addressing. Permitting
consistent with the interim final rule on baggage under the provisions for the carriage of these devices only in
(IFR) published in the Federal Register portable electronic devices contained in carry-on baggage or on the person would
on October 30, 2015, and a similar § 175.10(a)(18) of the Hazardous be the best alternative because when
amendment in the 2015–2016 Edition of Materials Regulations (HMR; 49 CFR carried in the passenger cabin, the flight
the International Civil Aviation parts 171–180). However, the provisions crew can quickly intervene in the case
Organization Technical Instructions for for portable electronic devices do not of overheating, short circuit, or fire.
the Safe Transport of Dangerous Goods adequately address the safety risks One commenter recommended that
by Air (ICAO Technical Instructions). posed by battery-powered portable PHMSA amend the IFR to prohibit the
This final rule amends the Hazardous electronic smoking devices, which transport of battery-powered portable
Materials Regulations to maintain include a heating element as a function electronic smoking devices in the mail
alignment with the ICAO Technical of their design. Specifically, a battery- because a package containing such
Instructions. Furthermore, this final rule powered portable electronic smoking devices could be carried as mail aboard
does not impact the existing rules on the device contains a liquid, an atomizer or a passenger aircraft. The HMR do not
transport of lithium batteries or other heating element, and a battery. When apply to any matter subject to the postal
portable electronic devices that are this device is operated the heating laws and regulations of the United
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transported for personal use in a element vaporizes the liquid, so when States; therefore, this amendment is
passenger’s checked or carry-on in checked baggage, the device may lead beyond the scope of PHMSA’s
baggage. to the generation of extreme heat with regulatory authority (see § 171.1(d)(7)).
potential ignition of nearby contents. However, we shared the comment with
DATES: Effective: June 20, 2016. Recent fire incidents involving the United States Postal Service (USPS)
FOR FURTHER INFORMATION CONTACT: battery-powered portable electronic for their consideration.
Kevin A. Leary, (202) 366–8553, smoking devices in checked baggage Of the two commenters who objected
Standards and Rulemaking Division, and actions taken by the Federal to all or part of the IFR, one was

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Document Created: 2018-02-07 15:01:51
Document Modified: 2018-02-07 15:01:51
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 18, 2016 without further action, unless EPA receives adverse comment by June 20, 2016. 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.
Contact		Julianne Odend'hal, Policy, Training, and Oversight Division, Acquisition Policy and Training Service Center (3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
FR Citation		81 FR 31526
CFR Citation		48 CFR 1501 48 CFR 1505 48 CFR 1516 48 CFR 1528 48 CFR 1529 48 CFR 1532 48 CFR 1552