[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9051-9052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4293]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 11, 23, and 52

[FAC 97-04; FAR Case 92-054B; Item II]
RIN 9000-AH39


Federal Acquisition Regulation; Federal Compliance With Right-To-
Know Laws and Pollution Prevention Requirements

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule adopted as final with changes.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to adopt as final, with 
changes, the interim rule published in the Federal Register at 62 FR 
12690, March 17, 1997, as Item V of Federal Acquisition Circular 90-46. 
The rule amends the Federal Acquisition Regulation (FAR) to implement 
Executive Order (E.O.) 12856 of August 3, 1993, ``Federal Compliance 
With Right-To-Know Laws and Pollution Prevention Requirements''. This 
regulatory action was not subject to Office of Management and Budget 
(OMB) review under E.O. 12866, dated September 30, 1993, and is not a 
major rule under 5 U.S.C. 804.

EFFECTIVE DATE: April 24, 1998.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405 (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAC 97-04, FAR case 92-054B.

SUPPLEMENTARY INFORMATION:

A. Background

    An interim rule with request for public comment was published on 
March 17, 1997 (62 FR 12690), to implement E.O. 12856 of August 3, 
1993, ``Federal Compliance With Right-To-Know Laws and Pollution 
Prevention Requirements''. E.O. 12856 requires that Federal facilities 
comply with the planning and reporting requirements of the Pollution 
Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109) and the Emergency 
Planning and Community Right-To-Know Act of 1986 (EPCRA) (42 U.S.C. 
11001-11050). As a result of the one public comment received in 
response to the interim rule, FAR 23.1004(b) and 52.223-5(b) have been 
revised to clarify the obligations of Federal facilities to comply with 
the reporting and emergency planning requirements of the PPA and the 
EPCRA.

B. Regulatory Flexibility Act

    A Final Regulatory Flexibility Analysis (FRFA) has been prepared 
and will be provided to the Chief Counsel for Advocacy of the Small 
Business Administration. A copy of the FRFA may be obtained from the 
FAR Secretariat. The analysis is summarized as follows:

    No comments were received in response to the Initial Regulatory 
Flexibility Analysis.
    The rule will apply to all contractors that use certain 
hazardous or toxic substances in the performance of contracts on a 
Federal facility. It is estimated that there are approximately 6,100 
small business contractors to which the rule will apply. Such 
contractors must provide any information necessary to enable the 
Federal facility to fulfill its reporting requirements under EPCRA, 
PPA, and E.O. 12856. The information collection would be prepared by 
contractor employees using records that the contractor is required 
to maintain under existing law and regulation. No special 
professional skills are needed for preparation of the required 
information.
    There are no known alternatives which would accomplish the 
objectives of the PPA, EPCRA, and E.O. 12856. The rule implements an 
explicit requirement of E.O. 12856 to provide a contract clause to 
collect information on the use of specific substances from certain 
contractors. Any alternative to the final rule that lessens the 
burden on small entities would fail to comply with E.O. 12856.

C. Paperwork Reduction Act

    The final rule imposes no new information collection requirements 
that require approval of OMB under 44 U.S.C. 3501, et seq. The 
information collection requirements imposed by the interim rule have 
been approved by OMB through May 31, 2000, under OMB Control Number 
9000-0147.

List of Subjects in 48 CFR Parts 1, 11, 23, and 52

    Government procurement.

    Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR Parts 23 and 52, 
which was published at 62 FR 12696, March 17, 1997, is adopted as a 
final rule with the following changes:
    1. The authority citation for 48 CFR Parts 1, 11, 23, and 52 
continues to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Section 1.106 is amended in the table following the introductory 
paragraph by adding the following entry:


1.106  OMB approval under the Paperwork Reduction Act.

* * * * *

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                                                             OMB Control
                        FAR segment                              No.    
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                  *        *        *        *        *                 
52.223-5...................................................    9000-0147
                                                                        
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PART 11--DESCRIBING AGENCY NEEDS


11.001  [Amended]

    3. Section 11.001 is amended by removing the definition of ``New''.

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE


23.1004  [Amended]

    4. Section 23.1004 is amended at the end of paragraph (b) by 
removing the period and inserting ``, and other agency obligations 
under E.O. 12856.''.

[[Page 9052]]

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.213-4  [Amended]

    5. Section 52.213-4 is amended by revising the date of the clause 
to read ``(APR 1998)''; and in paragraph (b)(1)(vii) of the clause by 
revising ``(MAR 1997)'' to read ``(APR 1998)''.
    6. Section 52.223-5 is amended by revising the clause date and 
paragraph (b) to read as follows:


52.223-5  Pollution Prevention and Right-to-Know Information.

* * * * *

Pollution Prevention and Right-to-Know Information (Apr 1998)

* * * * *
    (b) The Contractor shall provide all information needed by the 
Federal facility to comply with the emergency planning reporting 
requirements of Section 302 of EPCRA; the emergency notice 
requirements of Section 304 of EPCRA; the list of Material Safety 
Data Sheets required by Section 311 of EPCRA; the emergency and 
hazardous chemical inventory forms of Section 312 of EPCRA; the 
toxic chemical release inventory of Section 313 of EPCRA, which 
includes the reduction and recycling information required by Section 
6607 of PPA; and the toxic chemical reduction goals requirements of 
Section 3-302 of Executive Order 12856.

(End of clause)

[FR Doc. 98-4293 Filed 2-20-98; 8:45 am]
BILLING CODE 6820-EP-P