[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14610]



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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1528 and 1552

[FRL-5517-4]


Acquisition Regulation; Bonds and Insurance

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is removing from the 
EPA Acquisition Regulation (EPAAR) (48 CFR Chapter 15) clauses for 
insurance for liability to third parties for Superfund response action 
contractors.

EFFECTIVE DATE: June 11, 1996.

FOR FURTHER INFORMATION CONTACT: Linda Avellar, Environmental 
Protection Agency, Office of Acquisition Management (3802F), 410 M 
Street, SW., Washington, DC 20460. Telephone: (202) 260-6800.

SUPPLEMENTARY INFORMATION:

A. Background

    The Agency is eliminating from its acquisition regulation outdated 
and unnecessary material, which will no longer be used. This final rule 
eliminates coverage and clauses on Insurance, Liability to Third 
Persons, for commercial organizations and state and local governments 
performing as response action contractors in Superfund. The Agency 
Final Guidelines for Superfund Response Action Contractor 
Indemnification, issued on January 25, 1993, rendered these clauses 
obsolete. As a result of the guidelines, the Agency may currently 
indemnify response action contractors only in limited circumstances, 
primarily where it can show a lack of competition in response to a 
solicitation directly attributable to the absence of any 
indemnification provisions.

B. Executive Order 12866

    The final rule is not a significant regulatory action for the 
purposes of Executive Order 12866; therefore, no review is required by 
the Office of Information and Regulatory Affairs.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not contain information collection requirements that require the 
approval of OMB under the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq).

D. Regulatory Flexibility Act

    The EPA certifies that this final rule does not exert a significant 
economic impact on a substantial number of small entities. The 
requirements to contractors under the final rule impose no reporting, 
recordkeeping, or any compliance costs.

E. Unfunded Mandates

    This final rule will not impose unfunded mandates on state or local 
entities, or others.
    The provisions of this regulation are issued under 5 U.S.C. 301; 40 
U.S.C. 486(c).

List of Subjects in 48 CFR Parts 1528 and 1552

    Government procurement.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:

PART 1528--[REMOVED]

    1. Under the authority of 33 U.S.C. 1361(a), Part 1528 is removed.

PART 1552--[AMENDED]

    2. The authority citation for 48 CFR Part 1552 continues to read as 
follows:

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

    43. Part 1552 is amended to delete sections: 1552.228-70, 1552.228-
71, 1552.228-72, & 1552.228-73.

    Dated: May 13, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-14610 Filed 6-10-96; 8:45 am]
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