[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Proposed Rules]
[Pages 25899-25900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11137]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1503 and 1552

[FRL-6588-2]


Acquisition Regulation

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing this rule 
to amend the EPA Acquisition Regulation (EPAAR) to add a contract 
clause to Agency contracts whereby contractors, under contracts 
exceeding $1,000,000, are required to display EPA Office of the 
Inspector General Hotline posters within contractor work areas.

DATES: Comments should be submitted not later than July 3, 2000.

ADDRESSES: Comments must be submitted to Larry Wyborski, U.S. 
Environmental Protection Agency, Office of Acquisition Management 
(3802R), 1200 Pennsylvania Avenue NW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Larry Wyborski, U.S. Environmental 
Protection Agency, Office of Acquisition Management (3802R), 1200 
Pennsylvania Avenue NW, Washington, DC 20460; (202) 564-4369, 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background Information

    EPA's Office of Inspector General (OIG) requested that contractor 
personnel under EPA contracts have access to information for contacting 
the OIG in the event they wish to report waste, fraud or abuse under an 
EPA contract. The information will be available in an EPA OIG Hotline 
Poster. A contract clause will notify the contractor of the requirement 
to display the hotline posters and will provide a reference for 
obtaining the posters.

B. Executive Order 12866

    This is not a significant regulatory action for purposes of 
Executive Order 12866; therefore, no review is required at 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 rule does 
not contain information collection requirements for the approval of OMB 
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq).

D. 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 RFA 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 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 proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
adverse economic impact on small entities, since the primary purpose of 
the regulatory flexibility analyses is to identify and address 
regulatory alternatives ``which minimize any significant economic 
impact of the proposed rule on small entities.'' 5 U.S.C. Sections 603 
and 604. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule. This 
direct final rule does not have a significant impact on a substantial 
number of small entities. The requirements under the rule impose no 
reporting, record-keeping, or compliance costs on small entities.

E. 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 
their regulatory actions on State, local and Tribal governments and the 
private sector. This 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 any one 
year. Any private sector costs for this action relate to paperwork 
requirements and associated expenditures, which would be 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.

[[Page 25900]]

F. Executive Order 13045

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks (6 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 
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 Executive Order 13045 because it is not 
a significant rule as defined by E.O. 12866, and because it does not 
involve decisions on environmental health or safety risks.

G. Executive Order 13084

    Under Executive Order 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 for the direct 
compliance costs incurred by the Tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, E.O. 13084 
requires EPA to provide to 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, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    This rule does not significantly or uniquely affect the communities 
of Indian Tribal governments. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to this rule.

H. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 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 rule does not involve technical standards. Therefore, EPA did 
not consider the use of any voluntary consensus standards.

I. Executive Order 13132

    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'' are 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.''
    Under Section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law, unless 
the Agency consults with State and local officials early in the process 
of developing the proposed regulation.
    This proposed rule does not have federalism implications. It will 
not have substantial direct effect 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. The rule amends the EPA 
Acquisition Regulation to add a contract clause to agency contracts 
whereby contractors, under contracts exceeding $1,000,000, are required 
to display EPA Office of the Inspector General Hotline posters within 
contractor work areas. Thus, the requirements of Section 6 of the 
Executive Order do not apply to this rule.

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

List of Subjects in 48 CFR Parts 1503 and 1552

    Government procurement.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:
    1. The authority citation for parts 1503 and 1552 continues to read 
as follows:

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

PART 1503--[AMENDED]

    2. Subpart 1503.5, Other Imports Business Practices, is added as 
follows:

Subpart 1503.5--Other Improper Business Practices


1503.500-70  Display of EPA Office of Inspector General Hotline Poster.

    The contracting officer shall insert the clause at 1552.203-71, 
Display of EPA Office of Inspector General Hotline Poster, in all 
contracts exceeding a value of $1,000,000 including all contract 
options.

PART 1552--[AMENDED]

    3. 1552.203-71 is added to read as follows:


1552.203-71  Display of EPA Office of Inspector General Hotline Poster.

    As prescribed in 1503.500-70 insert the following clause in all 
contracts valued in excess of $1,000,000 including all contract 
options.

Display of EPA Office of Inspector General Hotline Poster

(JUN 2000)

    (a) For EPA contracts exceeding a value of $1,000,000 including 
all contract options, the contractor shall prominently display EPA 
Office of Inspector General Hotline posters in contractor facilities 
where the work is performed under the contract.
    (b) Office of Inspector General hotline posters may be obtained 
from the EPA Office of Inspector General, ATTN: OIG Hotline (2443), 
401 M Street, SW, Washington, DC 20460, or by calling (202) 260-
5113.

    Dated: April 18, 2000.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 00-11137 Filed 5-3-00; 8:45 am]
BILLING CODE 6560-50-P