[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46898-46899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23816]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1504, 1542, and 1552

[FRL-6155-5]


Acquisition Regulation: Administrative Amendments

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the EPA 
Acquisition Regulation (EPAAR) (48 CFR Chapter 15) removing from the 
EPAAR unnecessary coverage that duplicates existing FAR coverage on 
quick-closeout procedures, and making other administrative changes.

EFFECTIVE DATE: September 3, 1998.

FOR FURTHER INFORMATION CONTACT: Paul Schaffer, U.S. Environmental 
Protection Agency, Office of Acquisition Management (3802R), 401 M 
Street, SW, Washington, D.C. 20460, Telephone: 202-564-4366.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule eliminates EPAAR 1542.708 Quick-Closeout Procedures 
which duplicates existing FAR coverage (FAR 42.708), and makes other 
administrative changes. As authorized by section 22(a) of the Office of 
Federal Procurement Policy Act, 41 U.S.C. 418b, this rule is being 
issued without notice and opportunity for public comment because it 
does not have a significant effect beyond the internal operating 
procedures of the Agency, and it does not impose a significant cost or 
administrative impact on contractors or offerors.

B. Executive Order 12866

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

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 rule impose no reporting, record-
keeping, or any compliance costs.

E. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess their 
regulatory actions on State, local, and tribal governments, and the 
private sector. This final rule does not contain a Federal mandate that 
may result in expenditures of $100 million or more for State, local, 
and tribal governments, in the aggregate, or the private sector in one 
year. Any private sector costs for this action relate to paperwork 
requirements and associated expenditures that are far below the level 
established for UMRA applicability. Thus, the rule was not subject to 
the requirements of sections 202 and 205 of the UMRA.

F. Submission to Congress and the General Accounting Office

    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. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of United States prior to 
publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

G. Executive Order 13045

    Protection of Children from Environmental Health Risks 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 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant rule as defined by E.O. 12866, and because it 
does not involve decisions on environmental health or safety risks.

List of Subjects in 48 CFR Parts 1504, 1542, and 1552

    Environmental protection, Government procurement.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:
    1. The authority citation for Parts 1504, 1542 and 1552 continue to 
read as follows:

    Authority: The provisions of this regulation are issued under 5 
U.S.C. 301; Sec. 205(c),63 Stat. 390, as amended.

[[Page 46899]]

Sec. 1504.804-5  [Amended]

    2. Section 1504.804-5 is amended by revising the reference 
``1542.708'' to read ``FAR 42.708.''


Sec. 1542.708  [Removed]

    3. Section 1542.708 is removed.
    4. Section 1552.209-71 is amended by revising ``ALTERNATE I to 
Paragraph (e)'' to read as follows:


Secs. 1552.209-71  Organizational conflicts of interest.

* * * * *
    ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 1994)
* * * * *
ALTERNATE I------------------------------------------------------------
    Contracts for other than Superfund work shall include Alternate 
I in this clause in lieu of paragraph (e).
    (e) The Contractor agrees to insert in each subcontract or 
consultant agreement placed hereunder provisions which shall conform 
substantially to the language of this clause, including this 
paragraph, unless otherwise authorized by the contracting officer.


Sec. 1552.211-70  [Amended]

    5. Section 1552.211-70 and ALTERNATE I is amended by revising the 
OMB clearance number 2030-0005 expiration date of ``May 31, 1986'' to 
read ``January 31, 2000.''


Sec. 1552.216-74  [Amended]

    6. Section 1552.216-74 is amended by revising the reference in 
paragraph (b) ``1552.212-70'' to read ``1552.211-73.''

    Dated: August 24, 1998.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 98-23816 Filed 9-2-98; 8:45 am]
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