[Federal Register Volume 65, Number 247 (Friday, December 22, 2000)]
[Rules and Regulations]
[Pages 80791-80793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32562]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR PART 1501 and 1502

[FRL-6920-7]


Acquisition Regulation

AGENCY: Environmental Protection Agency

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing this rule 
to amend the Agency definition of ``Chief of the Contracting Office'' 
for the purpose of granting limited ratification approval authority for 
acquisitions of $2,500 or less.

DATES: This rule is effective on March 22, 2001, without further 
notice, unless EPA receives adverse comments by January 22, 2001. If we 
receive adverse comments, we will, before the rule's effective date, 
publish a timely withdrawal in the Federal Register informing the 
public that this rule will not take effect.

ADDRESSES: Comments may be submitted to Larry Wyborski, U.S. 
Environmental Protection Agency, Office of Acquisition Management 
(3802R), 1200 Pennsylvania Avenue, Ariel Rios Building, 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

    EPAAR 1502.100 currently defines Chief of the Contracting Office 
(CCO) as the Office of Acquisition Management Division Directors at 
Headquarters, Research Triangle Park and Cincinnati. One of the two 
CCOs at Headquarters has overall management responsibility for the 
Superfund/RCRA Regional Procurement Operations Division. This CCO 
therefore has ratification authority for ten (10) nationwide Regional 
Contracting Offices. This one CCO is responsible for approval of a 
potentially substantial number of ratification actions. Also, EPA 
Service Center Managers will be given similar authority to allow for 
more timely processing of small dollar ratification actions in the 
absence of the CCO. Therefore, EPA is broadening its definition of CCO 
for purposes of review of ratifications only. To avoid the need for 
ratification actions to the maximum extent practicable, EPA has an 
active training program both for contracting officials and program 
officials who use the purchase card. In addition, EPA reports 
ratification actions to the Chief Financial Officer. CCOs given 
ratification authority by this rule will also be required to provide 
notice of ratification actions to the CCO that would otherwise have 
reviewed the ratification action. This will ensure that the appropriate 
management level is kept informed of the volume and nature of agency 
ratification actions on an ongoing basis.

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 today's direct final 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. 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

    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 any 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

    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

[[Page 80792]]

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 direct final 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 revise the Agency definition of ``Chief 
of the Contracting Office'' for purposes of delegation of ratification 
authority procedures specified in FAR 1.602-3(b)(2).

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 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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; section 205(c), 63 Stat. 390, as amended 40 U.S.C. 
486(c); 41 U.S.C. 418b.

List of Subjects in 48 CFR Parts 1501 and 1502

    Government procurement.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:
    1. The authority citation for parts 1501 and 1502 continues to read 
as follows:

    Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C. 
486(c); 41 U.S.C. 418b.


    2. In section 1501.602-3, paragraph (b) is redesignated as 
paragraph (b)(1) and paragraph (b)(2) is added to read as follows:

[[Page 80793]]

1501.602-3  Ratification of unauthorized commitments.

* * * * *
    (b) * * *
    (2) The CCOs defined in 1502.100 for purposes of ratification 
authority of $2,500 or less must meet the following criteria:
    (i) Must possess a contracting officer's warrant and be in the 1102 
job series;
    (ii) Are prohibited from re-delegating their ratification 
authority;
    (iii) Must submit copies of ratification actions to the cognizant 
Office of Acquisition Management Division Director at Headquarters; and
    (iv) As with other ratifying officials, must abide by the other 
limitations on ratification of unauthorized commitments set forth in 
FAR 1.602-3(c) and the EPAAR.
* * * * *

    3. Section 1502.100 is amended by revising the definition of Chief 
of the Contracting Office (CCO) to read as follows:


1502.100  Definitions.

    Chief of the Contracting Office (CCO) means the Office of 
Acquisition Management Division Directors at Headquarters, Research 
Triangle Park and Cincinnati. For the purposes of ratification 
authority of $2,500 or less, CCO is also defined as Regional 
Contracting Officer Supervisors and OAM Service Center Managers. See 
1501.602-3(b)(2) for the limits of this ratification authority.
* * * * *

    Dated: December 13, 2000.
Judy S. Davis,
Acting Director, Office of Acquisition Management.
[FR Doc. 00-32562 Filed 12-21-00; 8:45 am]
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