[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Rules and Regulations]
[Pages 17109-17110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8479]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1533 and 1552

[FRL-6320-1]


Acquisition Regulation: Incorporate Solicitation Notice for 
Agency Protests

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule.

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SUMMARY: EPA is taking direct final action on amending the EPA 
Acquisition Regulation (EPAAR) (48 CFR Chapter 15) to include the 
solicitation notice of the filing requirements for Agency protests.

DATES: This rule is effective on July 7, 1999 without further notice, 
unless EPA receives adverse comments by June 7, 1999. If we receive 
adverse comments, we will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Written comments should be submitted to the contact listed 
below at the following address: U.S. Environmental Protection Agency, 
Office of Acquisition Management (3802R), 401 M Street, SW, Washington, 
D.C. 20460. Comments and data may also be submitted electronically by 
sending electronic mail (e-mail) to: Avellar.L[email protected]. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect in 6.1 formal or ASCII 
file format. No confidential business information (CBI) should be 
submitted through e-mail. Electronic comments on this rule may be filed 
on-line at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Linda Avellar, U.S. EPA, Office of 
Acquisition Management, (3802R), 401 M Street, SW, Washington, D.C. 
20460, Telephone: (202) 564-4356.

SUPPLEMENTARY INFORMATION:

A. Background

    This direct final rule includes the notice of filing requirements 
for Agency protests. This notice of filing is in accordance with the 
Federal Acquisition Regulation (FAR) 33.103(d)(4). EPA is publishing 
this rule without prior proposal because we view this as a non-
controversial amendment and anticipate no adverse comment; usage of 
this notice of filing in Agency solicitations has been non-
controversial. This rule will be effective on July 7, 1999 without 
further notice unless we receive adverse comments by June 7, 1999. If 
EPA receives adverse comments, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. We also will publish a notice of proposed rulemaking in a 
future edition of the Federal Register. We will address the comments on 
the direct final rule as part of that proposed rulemaking.

B. Executive Order 12866

    The direct 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 within the Office 
of Management and Budget (OMB).

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this direct 
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 direct 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, 
recordkeeping, or any compliance costs.

E. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess 
their regulatory actions on State, local, and tribal governments, and 
the private sector. This direct 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 is not 
subject to the requirements of sections 202 and 205 of the UMRA.

F. 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.

[[Page 17110]]

G. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and creates a mandate upon a State, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, E.O. 12875 requires EPA to provide OMB a description of the 
extent of EPA's prior consultation with representatives of affected 
State, local, and tribal governments, the nature of their concerns, 
copies of any written communications from the governments, and a 
statement supporting the need to issue the regulation. In addition, 
E.O. 12875 requires EPA to develop an effective process permitting 
elected officials and other representatives of State, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on State, local, or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

H. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to the OMB, in a separately identified section of the preamble 
to the rule, a description of the extent of EPA's prior consultation 
with representatives of affected tribal governments, a summary of the 
nature of their concerns, and a statement supporting the need to issue 
the regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal government ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of E.O. 13084 do not apply to this rule.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 12(d) (15 U.S.C. 272 
note) 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 rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

J. 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 the 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).

    Authority: The provisions of this regulation are issued under 5 
U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).

List of Subjects in 48 CFR Parts 1533 and 1552

    Government procurement.

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

PARTS 1533 AND 1552--[AMENDED]

    1. The authority citations for part 1533 and for part 1552 continue 
to read as follows:

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

    2. Section 1533.103, is revised to read as follows: 1533.103 
Protests to the Agency.
    Protests to the Agency are processed pursuant to the requirements 
of FAR 33.103. Contracting Officers must include in every solicitation 
the provision at 1552.233-70, Notice of Filing Requirements for Agency 
Protests.
    3. Part 1552 is amended by adding the following new Section 
1552.233-70:


1552.233-70  Notice of Filing Requirements for Agency Protests.

    As prescribed in 1533.103, insert the following clause in all types 
of solicitations:

Notice of Filing Requirements for Agency Protests July 1999

    Agency protests must be filed with the Contracting Officer in 
accordance with the requirements of FAR 33.103 (d) and (e). Within 
10 calendar days after receipt of an adverse Contracting Officer 
decision, the protester may submit a written request for an 
independent review by the Head of the Contracting Activity. This 
independent review is available only as an appeal of a Contracting 
Officer decision on a protest. Accordingly, as provided in 4 CFR 
21.2(a)(3), any protest to the GAO must be filed within 10 days of 
knowledge of the initial adverse Agency action.

    Dated: March 1, 1999.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 99-8479 Filed 4-7-99; 8:45 am]
BILLING CODE 6560-50-P