83_FR_28892 83 FR 28772 - Acquisition Regulation: Removal of EPA Mentor Protégé Program

83 FR 28772 - Acquisition Regulation: Removal of EPA Mentor Protégé Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28772-28774
FR Document2018-13349

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''.

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Rules and Regulations]
[Pages 28772-28774]
From the Federal Register Online  [www.thefederalregister.org]
[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: 
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-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



                                             28772              Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations

                                             for the enforcement of this safety zone                 contents located outside of the primary                contain the information claimed as CBI
                                             via Broadcast Notice to Mariners or                     submission (i.e. on the web, cloud, or                 must be submitted for inclusion in the
                                             Local Notice to Mariners. The Captain of                other file sharing system). For                        public docket. Information so marked
                                             the Port Lake Michigan or a                             additional submission methods, the full                will not be disclosed except in
                                             representative may be contacted via                     EPA public comment policy,                             accordance with procedures set forth in
                                             Channel 16, VHF–FM or at (414) 747–                     information about CBI or multimedia                    40 CFR part 2.
                                             7182.                                                   submissions, and general guidance on                      2. Tips for Preparing Your Comments.
                                               Dated: May 29, 2018.                                  making effective comments, please visit                When submitting comments, remember
                                             Thomas J. Stuhlreyer,
                                                                                                     https://www.epa.gov/dockets/                           to:
                                             Captain, U.S. Coast Guard, Captain of the
                                                                                                     commenting-epa-dockets.                                   • Identify the rulemaking by docket
                                             Port, Lake Michigan.                                    FOR FURTHER INFORMATION CONTACT:                       number and other identifying
                                             [FR Doc. 2018–13341 Filed 6–20–18; 8:45 am]
                                                                                                     Shakethia Allen, Policy, Training, and                 information (subject heading, Federal
                                                                                                     Oversight Division, Acquisition Policy                 Register date and page number).
                                             BILLING CODE 9110–04–P
                                                                                                     and Training Service Center (3802R),                      • Follow directions—The agency may
                                                                                                     Environmental Protection Agency, 1200                  ask you to respond to specific questions
                                                                                                     Pennsylvania Ave. NW, Washington, DC                   or organize comments by referencing a
                                             ENVIRONMENTAL PROTECTION                                20460; telephone number: 202–564–                      Code of Federal Regulations (CFR) part
                                             AGENCY                                                  5157; email address: allen.shakethia@                  or section number.
                                             48 CFR Parts 1519 and 1552                              epa.gov.                                                  • Explain why you agree or disagree;
                                                                                                     SUPPLEMENTARY INFORMATION:                             suggest alternatives and substitute
                                             [EPA–HQ–OARM–2018–0165; FRL–9979–                                                                              language for your requested changes.
                                             24–OARM]                                                I. Executive Summary                                      • Describe any assumptions and
                                                                                                        This direct final rule makes the                    provide any technical information and/
                                             Acquisition Regulation: Removal of
                                                                                                     following changes to 48 CFR parts 1519                 or data that you used.
                                             EPA Mentor Protégé Program
                                                                                                     and 1552: (1) Remove 1519.203, Mentor-                    • If you estimate potential costs or
                                             AGENCY: Environmental Protection                        protégé, (2) clause 1552.219–70, Mentor              burdens, explain how you arrived at
                                             Agency (EPA).                                           Protégé Program, and (3) provision                   your estimate in sufficient detail to
                                             ACTION: Direct final rule.                              1552.219–71, Procedures for                            allow for it to be reproduced.
                                                                                                     Participation in the EPA Mentor Protégé                 • Provide specific examples to
                                             SUMMARY:   The Environmental Protection                 Program.                                               illustrate your concerns, and suggest
                                             Agency (EPA or Agency) is taking direct                                                                        alternatives.
                                             final action to amend the EPA                           II. General Information
                                                                                                                                                               • Explain your views as clearly as
                                             Acquisition Regulation (EPAAR) by                       A. Why is EPA using a direct final rule?               possible, avoiding the use of profanity
                                             removing Mentor-protégé clause                                                                               or personal threats.
                                             requirement and the corresponding                         EPA is publishing this rule without a
                                                                                                     prior proposed rule because we view                       • Make sure to submit your
                                             provision and clause, ‘‘Mentor Protégé                                                                       comments by the comment period
                                             Program’’ and ‘‘Procedures for                          this as a noncontroversial action and
                                                                                                     anticipate no adverse comment. If EPA                  deadline identified.
                                             Participation in the EPA Mentor Protégé
                                             Program’’.                                              receives adverse comment, we will                      III. Background
                                                                                                     publish a timely withdrawal in the
                                             DATES: This final rule is effective on                                                                            The U.S. Environmental Protection
                                                                                                     Federal Register informing the public
                                             September 19, 2018 without further                                                                             Agency Mentor-Protégé Program was
                                                                                                     that the rule will not take effect. Any
                                             notice, unless EPA receives adverse                                                                            established to stimulate small
                                                                                                     parties interested in commenting must
                                             comment by July 23, 2018. If EPA                                                                               disadvantaged businesses (SDBs) and
                                                                                                     do so at this time.
                                             receives adverse comment, we will                                                                              women-owned small businesses
                                             publish a timely withdrawal in the                      B. Does this action apply to me?                       (WOSBs) participation in Agency
                                             Federal Register informing the public                      EPAAR 1519.203 and corresponding                    contracts. Prime contractors (mentors)
                                             that the rule will not take effect.                     clause and provision, respectively,                    provide technical and managerial
                                             ADDRESSES: Submit your comments,                        1552.219–70 and 1552.219–71 apply to                   support to SDBs or WOSBs
                                             identified by Docket ID No. EPA–HQ–                     all contractors who hold a current                     subcontractors (protégés).
                                             OARM–2018–0165, at https://                             contract with EPA which includes these                    The Small Business Jobs Act of 2010
                                             www.regulations.gov. Follow the online                  clauses.                                               and the National Defense Authorization
                                             instructions for submitting comments.                                                                          Act for Fiscal Year 2013 provided
                                             Once submitted, comments cannot be                      C. What should I consider as I prepare                 authority for the Small Business
                                             edited or removed from Regulations.gov.                 my comments for EPA?                                   Administration (SBA) to establish
                                             The EPA may publish any comment                           1. Submitting CBI. Do not submit this                mentor-protégé programs for all small
                                             received to its public docket. Do not                   information to EPA through                             businesses. Rather than creating
                                             submit electronically any information                   www.regulations.gov or email. Clearly                  separate programs for each
                                             you consider to be Confidential                         mark the part or all of the information                constituency—Service Disabled Veteran
                                             Business Information (CBI) or other                     that you claim to be CBI. For CBI                      Owned Businesses, Women Owned
                                             information whose disclosure is                         information in a disk or CD ROM that                   Small Businesses, Historically
                                             restricted by statute. Multimedia                       you mail to EPA, mark the outside of the               Underutilized Business Zones—the SBA
pmangrum on DSK30RV082PROD with RULES




                                             submissions (audio, video, etc.) must be                disk or CD ROM as CBI and then                         chose to create a single, all-inclusive
                                             accompanied by a written comment.                       identify electronically within the disk or             mentor-protégé program modeled on the
                                             The written comment is considered the                   CD ROM the specific information that is                successful mentor-protégé program
                                             official comment and should include                     claimed as CBI. In addition to one                     available to participants in its 8(a)
                                             discussion of all points you wish to                    complete version of the comment that                   program. SBA’s mentor protégé program
                                             make. The EPA will generally not                        includes information claimed as CBI, a                 is federal wide, so EPA can use it
                                             consider comments or comment                            copy of the comment that does not                      instead of managing its own program.


                                        VerDate Sep<11>2014   14:07 Jun 20, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\21JNR1.SGM   21JNR1


                                                                Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations                                         28773

                                             EPA will use SBA’s program to reduce                    Law 104–4, establishes requirements for                safety risk that may have a
                                             redundancy and increase efficiencies.                   Federal agencies to assess the effects of              proportionate effect on children.
                                                                                                     their regulatory actions on State, Local,                 This rule is not subject to Executive
                                             IV. Statutory and Executive Orders                                                                             Order 13045 because it is not an
                                                                                                     and Tribal governments and the private
                                             Reviews                                                                                                        economically significant rule as defined
                                                                                                     sector. This rule contains no Federal
                                             A. Executive Order 12866: Regulatory                    mandates (under the regulatory                         by Executive Order 12866, and because
                                             Planning and Review and Executive                       provisions of the Title II of the UMRA)                it does not involve decisions on
                                             Order 13563: Improving Regulation and                   for State, Local, and Tribal governments               environmental health or safety risks.
                                             Regulatory Review                                       or the private sector. The rule imposes                H. Executive Order 13211: Actions That
                                               This action is not a ‘‘significant                    no enforceable duty on any State, Local                Significantly Affect Energy Supply,
                                             regulatory action’’ under the terms of                  or Tribal governments or the private                   Distribution, or Use
                                             Executive Order (E.O.) 12866 (58 FR                     sector. Thus, the rule is not subject to
                                                                                                     the requirements of sections 202 and                     This final rule is not subject to
                                             51735, October 4, 1993) and therefore,                                                                         Executive Order 13211, ‘‘Actions
                                             not subject to review under the E.O..                   205 of the UMRA.
                                                                                                                                                            Concerning Regulations That
                                             B. Paperwork Reduction Act                              E. Executive Order 13132: Federalism                   Significantly Affect Energy Supply,
                                               This action does not impose an                                                                               Distribution or Use’’ (66 FR 28335, May
                                                                                                        Executive Order 13132, entitled
                                             information collection burden under the                                                                        22, 2001), because it is not a significant
                                                                                                     ‘‘Federalism’’ (64 FR 43255, August 10,
                                             provisions of the Paperwork Reduction                                                                          regulatory action under Executive Order
                                                                                                     1999), requires EPA to develop an
                                             Act, 44 U.S.C. 3501 et seq. No                                                                                 12866.
                                                                                                     accountable process to ensure
                                             information is collected under this                     ‘‘meaningful and timely input by State                 I. National Technology Transfer and
                                             action.                                                 and Local officials in the development                 Advancement Act of 1995 (NTTAA)
                                             C. Regulatory Flexibility Act (RFA), as                 of regulatory policies that have                          Section 12(d) (15 U.S.C. 272 note) of
                                             Amended by the Small Business                           federalism implications.’’ ‘‘Policies that             NTTAA, Public Law 104–113, directs
                                             Regulatory Enforcement Fairness Act of                  have federalism implications’’ is                      EPA to use voluntary consensus
                                             1996 (SBREFA), 5 U.S.C. 601 et seq.                     defined in the Executive Order to                      standards in its regulatory activities
                                                                                                     include regulations that have                          unless to do so would be inconsistent
                                                The Regulatory Flexibility Act                       ‘‘substantial direct effects on the States,
                                             generally requires an agency to prepare                                                                        with applicable law or otherwise
                                                                                                     on the relationship between the national               impractical. Voluntary consensus
                                             a regulatory flexibility analysis of any                government and the States, or on the
                                             rule subject to notice and comment                                                                             standards are technical standards (e.g.,
                                                                                                     distribution of power and                              materials specifications, test methods,
                                             rulemaking requirements under the                       responsibilities among the various
                                             Administrative Procedure Act or any                                                                            sampling procedures and business
                                                                                                     levels of government.’’ This rule does                 practices) that are developed or adopted
                                             other statute; unless the agency certifies              not have federalism implications. It will
                                             that the rule will not have a significant                                                                      by voluntary consensus standards
                                                                                                     not have substantial direct effects on the             bodies. The NTTAA directs EPA to
                                             economic impact on a substantial                        States, on the relationship between the
                                             number of small entities. Small entities                                                                       provide Congress, through OMB,
                                                                                                     national government and the States, or                 explanations when the Agency decides
                                             include small businesses, small
                                                                                                     on the distribution of power and                       not to use available and applicable
                                             organizations, and small governmental
                                                                                                     responsibilities among the various                     voluntary consensus standards. This
                                             jurisdictions. For purposes of assessing
                                                                                                     levels of government as specified in                   final rulemaking does not involve
                                             the impact of this rule on small
                                                                                                     Executive Order 13132.                                 technical standards. Therefore, EPA is
                                             entities,’’small entity’’is defined as: (1)
                                             A small business that meets the                         F. Executive Order 13175: Consultation                 not considering the use of any voluntary
                                             definition of a small business found in                 and Coordination With Indian Tribal                    consensus standards.
                                             the Small Business Act and codified at                  Governments                                            J. Executive Order 12898: Federal
                                             13 CFR 121.201; (2) a small                                                                                    Actions To Address Environmental
                                             governmental jurisdiction that is a                        Executive Order 13175, entitled
                                                                                                     ‘‘Consultation and Coordination with                   Justice in Minority Populations and
                                             government of a city, county, town,                                                                            Low-Income Populations
                                             school district or special district with a              Indian Tribal Governments’’ (65 FR
                                             population of less than 50,000; and (3)                 67249, November 9, 2000), requires EPA                    Executive Order 12898 Federal
                                             a small organization that is any not-for-               to develop an accountable process to                   Actions To Address Environmental
                                             profit enterprise which is independently                ensure ‘‘meaningful and timely input by                Justice in Minority Populations and
                                             owned and operated and is not                           tribal officials in the development of                 Low-Income Populations (59 FR 7629,
                                             dominant in its field. After considering                regulatory policies that have tribal                   February 16, 1994) establishes federal
                                             the economic impacts of this rule on                    implications.’’ This rule does not have                executive policy on environmental
                                             small entities, I certify that this action              tribal implications as specified in                    justice. Its main provision directs
                                             will not have a significant economic                    Executive Order 13175.                                 federal agencies, to the greatest extent
                                             impact on a substantial number of small                 G. Executive Order 13045: Protection of                practicable and permitted by law, to
                                             entities. This action removes a current                 Children From Environmental Health                     make environmental justice part of their
                                             EPAAR provision and does not impose                     and Safety Risks                                       mission by identifying and addressing,
                                             requirements involving capital                                                                                 as appropriate, disproportionately high
                                             investment, implementing procedures,                       Executive Order 13045, entitled                     and adverse human health or
pmangrum on DSK30RV082PROD with RULES




                                             or record keeping. This rule will not                   ‘‘Protection of Children from                          environmental effects of their programs,
                                             have a significant economic impact on                   Environmental Health and Safety Risks’’                policies, and activities on minority
                                             small entities.                                         (62 FR 19885, April 23, 1997), applies                 populations and low-income
                                                                                                     to any rule that: (1) Is determined to be              populations in the United States. EPA
                                             D. Unfunded Mandates Reform Act                         economically significant as defined                    has determined that this final
                                               Title II of the Unfunded Mandates                     under Executive Order 12886, and (2)                   rulemaking will not have
                                             Reform Act of 1995 (UMRA), Public                       concerns an environmental health or                    disproportionately high and adverse


                                        VerDate Sep<11>2014   14:07 Jun 20, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\21JNR1.SGM   21JNR1


                                             28774              Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations

                                             human health or environmental effects                     Authority: 5 U.S.C. 301 and 41 U.S.C.                140, 1200 New Jersey Avenue SE,
                                             on minority or low-income populations                   418b.                                                  Washington, DC, between 9 a.m. and 5
                                             because it does not affect the level of                 1552.219–70       [Removed and reserved]
                                                                                                                                                            p.m., Monday through Friday, except
                                             protection provided to human health or                                                                         Federal holidays.
                                             the environment. This rulemaking does                   ■ 4. Section 1552.219–70 is removed                       • Fax: 202–493–2251.
                                             not involve human health or                             and reserved.                                             To avoid duplication, please use only
                                             environmental effects.                                  1552.219–71       [Removed and reserved]               one of these four methods. See the
                                                                                                                                                            ‘‘Public Participation and Request for
                                             K. Congressional Review                                 ■ 5. Section 1552.219–71 is removed                    Comments’’ portion of the
                                                                                                     and reserved.                                          SUPPLEMENTARY INFORMATION section for
                                               The Congressional Review Act, 5
                                                                                                     [FR Doc. 2018–13349 Filed 6–20–18; 8:45 am]            instructions on submitting comments,
                                             U.S.C. 801 et seq., as added by the Small
                                             Business Regulatory Enforcement                         BILLING CODE 6560–50–P                                 including collection of information
                                             Fairness Act of 1996, generally provides                                                                       comments for the Office of Information
                                             that before a rule may take effect, the                                                                        and Regulatory Affairs, OMB.
                                             agency promulgating the rule must                       DEPARTMENT OF TRANSPORTATION                           FOR FURTHER INFORMATION CONTACT: Ms.
                                             submit a rule report, which includes a                                                                         Christine A. Hydock, Chief, Medical
                                             copy of the rule, to each House of the                  Federal Motor Carrier Safety                           Programs Division, Federal Motor
                                             Congress and to the Comptroller General                 Administration                                         Carrier Safety Administration, 1200
                                             of the United States. Section 804                                                                              New Jersey Avenue SE, Washington, DC
                                             exempts from section 801 the following                  49 CFR Parts 383, 384, and 391                         20590–0001, by telephone at 202–366–
                                             types of rules (1) rules of particular                  [Docket No. FMCSA–2018–0152]                           4001, or by email at fmcsamedical@
                                             applicability; (2) rules relating to agency                                                                    dot.gov. If you have questions on
                                                                                                     RIN 2126–AC18
                                             management or personnel; and (3) rules                                                                         viewing or submitting material to the
                                             of agency organization, procedure, or                   Extension of Compliance Dates for                      docket, contact Docket Services,
                                             practice that do not substantially affect               Medical Examiner’s Certification                       telephone (202) 366–9826.
                                             the rights or obligations of non-agency                 Integration                                            SUPPLEMENTARY INFORMATION:
                                             parties. 5 U.S.C. 804(3). EPA is not
                                             required to submit a rule report                        AGENCY:  Federal Motor Carrier Safety                  I. Rulemaking Documents
                                             regarding this action under section 801                 Administration (FMCSA), DOT.                           A. Submitting Comments
                                             because this is a rule of agency                        ACTION: Interim final rule; request for                  If you submit a comment, please
                                             organization, procedure, or practice that               comments.                                              include the docket number for this
                                             does not substantially affect the rights or                                                                    interim final rule (Docket No. FMCSA–
                                             obligations of non-agency parties. EPA                  SUMMARY:    FMCSA amends its
                                                                                                     regulations to delay the compliance date               2018–0152), indicate the specific
                                             will use SBA’s federal wide mentor                                                                             section of this document to which each
                                             protégé program instead of managing its               from June 22, 2018, to June 22, 2021, for
                                                                                                     several provisions of its April 23, 2015               comment applies, and provide a reason
                                             own program.                                                                                                   for each suggestion or recommendation.
                                                                                                     Medical Examiner’s Certification
                                             List of Subjects in 48 CFR Parts 1519                   Integration final rule. This action is                 You may submit your comments and
                                             and 1552                                                being taken to provide FMCSA                           material online or by fax, mail, or hand
                                                                                                     additional time to complete certain                    delivery, but please use only one of
                                               Environmental protection,
                                                                                                     information technology (IT) system                     these means. FMCSA recommends that
                                             Government procurement, Reporting
                                                                                                     development tasks for its National                     you include your name and a mailing
                                             and recordkeeping requirements, Small
                                                                                                     Registry of Certified Medical Examiners                address, an email address, or a phone
                                             businesses.
                                                                                                     (National Registry) and provide the                    number in the body of your document
                                               Dated: May 16, 2018.                                                                                         so that FMCSA can contact you if there
                                                                                                     State Driver’s Licensing Agencies
                                             Kimberly Patrick,
                                                                                                     (SDLAs) sufficient time to make the                    are questions regarding your
                                             Director, Office of Acquisition Management.             necessary IT programming changes after                 submission.
                                                                                                                                                              To submit your comment online, go to
                                               For the reasons stated in the                         upgrades to the National Registry.
                                                                                                                                                            http://www.regulations.gov, put the
                                             preamble, 48 CFR parts 1519 and 1552                    DATES:                                                 docket number, FMCSA–2018–0152, in
                                             are amended as set forth below:                            Effective Date: This interim final rule             the keyword box, and click ‘‘Search.’’
                                                                                                     is effective June 21, 2018.                            When the new screen appears, click on
                                             PART 1519—SMALL BUSINESS                                   Public Comment Period: Comments
                                             PROGRAMS                                                                                                       the ‘‘Comment Now!’’ button and type
                                                                                                     must be received on or before August                   your comment into the text box on the
                                                                                                     20, 2018.                                              following screen. Choose whether you
                                             ■ 1. The authority citation for part 1519
                                             continues to read as follows:                           ADDRESSES: You may submit comments                     are submitting your comment as an
                                                                                                     identified by Docket Number FMCSA–                     individual or on behalf of a third party
                                               Authority: Sec. 205(c), 63 Stat. 390, as
                                                                                                     2018–0152 using any of the following                   and then submit.
                                             amended, 40 U.S.C. 486(c).
                                                                                                     methods:                                                 If you submit your comments by mail
                                             1519.203    [Removed and reserved]                         • Federal eRulemaking Portal: http://               or hand delivery, submit them in an
                                             ■ 2. Section 1519.203 is removed and                    www.regulations.gov. Follow the online                 unbound format, no larger than 81⁄2 by
                                             reserved.                                               instructions for submitting comments.                  11 inches, suitable for copying and
pmangrum on DSK30RV082PROD with RULES




                                                                                                        • Mail: Docket Management Facility,                 electronic filing. If you submit
                                             PART 1552—SOLICITATION                                  U.S. Department of Transportation, 1200                comments by mail and would like to
                                             PROVISIONS AND CONTRACT                                 New Jersey Avenue SE, West Building,                   know that they reached the facility,
                                             CLAUSES                                                 Ground Floor, Room W12–140,                            please enclose a stamped, self-addressed
                                                                                                     Washington, DC 20590–0001.                             postcard or envelope.
                                             ■ 3. The authority citation for part 1552                  • Hand Delivery or Courier: West                      FMCSA will consider all comments
                                             continues to read as follows:                           Building, Ground Floor, Room W12–                      and material received during the


                                        VerDate Sep<11>2014   14:07 Jun 20, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\21JNR1.SGM   21JNR1



Document Created: 2018-06-21 01:22:57
Document Modified: 2018-06-21 01:22:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactShakethia Allen, Policy, Training, and Oversight Division, Acquisition Policy and Training Service Center (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
FR Citation83 FR 28772 
CFR Citation48 CFR 1519
48 CFR 1552
CFR AssociatedEnvironmental Protection; Government Procurement; Reporting and Recordkeeping Requirements and Small Businesses

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR