[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Proposed Rules]
[Pages 60667-60670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23991]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1552

[EPA-HQ-OARM-2012-0196]


EPAAR Clause for Printing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA 
Acquisition Regulation (EPAAR) to update policy, procedures, and 
contract clauses. The proposed rule provides updates to outdated 
information currently in the Printing clause.

DATES: Comments must be received on or before November 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2012-0196, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: EPA-HQ-OARM-2012-0196, OEI Docket, Environmental 
Protection Agency, 2822T, 1200 Pennsylvania Ave.

[[Page 60668]]

NW., Washington, DC 20460. Please include a total of three (3) copies.
     Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA 
West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2012-0196. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket, and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment, and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties, and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov, or in hard copy at the Office of Environmental 
Information (OEI) Docket, EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the EPA Docket Center is (202) 
566-1752. This Docket Facility is open from 8:30 a.m. to 4:30 p.m. 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Thomas Valentino, Policy, Training, 
and Oversight Division, Office of Acquisition Management (3802R), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-564-4522; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI, and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    In 2011 the EPA reviewed EPAAR clause 1552.208-70, Printing. Review 
was performed to reconsider the electronic reproduction threshold under 
which vendors may provide contract deliverables without violating 
mandatory printing source requirements. Reconsideration of the 
reproduction threshold was warranted given the ease with which 
electronic media may be reproduced. The clause is also being updated to 
clarify that EPA's Print Management Team is the processing office 
responsible for clause printing requirement waivers provided by the 
Joint Committee on Printing. Finally, the definition of non-paper 
copies that the contractor may provide has been expanded to include 
other types of portable electronic media in addition to compact discs. 
As such, the proposed updates to the clause raise the limit for 
contractor-provided non-paper copies from 100 to 500, and clarifies 
that EPA's Print Management Team is the processing office responsible 
for clause printing requirement waivers.

III. Proposed Rule

    This proposed rule amends the EPAAR to revise the following within 
the Printing clause:
    1. Paragraph (d)(2)--changed from ``the contracting officer must 
obtain a waiver from the U.S. Congress Joint Committee on Printing'' to 
``Only the Joint Committee on Printing has the authority to grant 
waivers to the printing requirements. All Agency waiver requests must 
be coordinated with EPA's Headquarters Printing Management Team, 
Facilities and Services Division, and with the Office of General 
Counsel.''
    2. Paragraph (d)(3)--changed from ``the contracting officer must 
obtain a waiver from the U.S. Congress Joint Committee on Printing'' to 
``Only the Joint Committee on Printing has the authority to grant 
waivers to the printing requirements. All Agency waiver requests must 
be coordinated with EPA's Headquarters Printing Management Team, 
Facilities and Services Division, and with the Office of General 
Counsel.''
    3. Paragraph (d)(4)--changed from ``the contracting officer must 
obtain a waiver from the U.S. Congress Joint Committee on Printing'' to 
``Only the Joint Committee on Printing has the

[[Page 60669]]

authority to grant waivers to the printing requirements. All Agency 
waiver requests must be coordinated with EPA's Headquarters Printing 
Management Team, Facilities and Services Division, and with the Office 
of General Counsel.''
    4. Paragraph (d)(4)--duplication limit changed from 100 to 500.
    5. Paragraph (d)(4)--examples of non-paper duplication expanded 
from ``CDs/DVDs'' to ``electronic information storage device.''

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
therefore, not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
No information is collected under this action.

C. 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 Regulatory Flexibility Act 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 economic 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 today's final 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 rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
revises a current EPAAR provision and does not impose requirements 
involving capital investment, implementing procedures, or 
recordkeeping. This rule will not have a significant economic impact on 
small entities.

D. 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 the 
effects of their regulatory actions on State, Local, and Tribal 
governments and the private sector.
    This rule contains no Federal mandates (under the regulatory 
provisions of the Title II of the UMRA) for State, Local, and Tribal 
governments or the private sector. The rule imposes no enforceable duty 
on any State, Local or Tribal governments or the private sector. Thus, 
the rule is not subject to the requirements of Sections 202 and 205 of 
the UMRA.

E. Executive Order 13132: Federalism

    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'' is 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.''
    This rule does not have federalism implications. It will not 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 as 
specified in Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Goverments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This rule does not have 
tribal implications as specified in Executive Order 13175.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health 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 12886, and (2) concerns an 
environmental health or safety risk that may have a proportionate 
effect on children. This rule is not subject to Executive Order 13045 
because it is not an economically significant rule as defined by 
Executive Order 12866, and because it does not involve decisions on 
environmental health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution of Use'' (66 FR 28335, May 22, 2001), because it 
is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) (15 U.S.C. 272 note) of NTTA, Public Law 104-113, 
directs EPA to use voluntary consensus standards in it's 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 NTTA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to

[[Page 60670]]

make environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This proposed rulemaking does not involve human health or 
environmental affects.

List of Subjects in 48 CFR Part 1552

    Environmental Protection, Required Sources of Supply, Printing.

    Dated: September 18, 2012.
John R. Bashista,
Director, Office of Acquisition Management.

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

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for part 1552 continues to read as 
follows:

    Authority:  5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 
40 U.S.C. 486(c); and 41 U.S.C. 418b.

    2. Revise 1552.208-70 to read as follows:


1552.208-70   Printing.

    As prescribed in 1508.870, insert the following clause:

Printing (SEP 2012)

    (a) Definitions. ``Printing'' is the process of composition, 
plate making, presswork, binding and microform; or the end items 
produced by such processes and equipment. Printing services include 
newsletter production and periodicals which are prohibited under EPA 
contracts.
    ``Composition'' applies to the setting of type by hot-metal 
casting, photo typesetting, or electronic character generating 
devices for the purpose of producing camera copy, negatives, a plate 
or image to be used in the production of printing or microform.
    ``Camera copy'' (or ``camera-ready copy'') is a final document 
suitable for printing/duplication.
    ``Desktop Publishing'' is a method of composition using 
computers with the final output or generation of a camera copy done 
by a color inkjet or color laser printer. This is not considered 
``printing.'' However, if the output from desktop publishing is 
being sent to a typesetting device (i.e., Linotronic) with camera 
copy being produced in either paper or negative format, these 
services are considered ``printing.''
    ``Microform'' is any product produced in a miniaturized image 
format, for mass or general distribution and as a substitute for 
conventionally printed material. Microform services are classified 
as printing services and include microfiche and microfilm. The 
contractor may make up to two sets of microform files for archival 
purposes at the end of the contract period of performance.
    ``Duplication'' means the making of copies on photocopy machines 
employing electrostatic, thermal, or other processes without using 
an intermediary such as a negative or plate.
    ``Requirement'' means an individual photocopying task. (There 
may be multiple requirements under a Work Assignment or Delivery 
Order. Each requirement would be subject to the duplication 
limitation of 5,000 copies of one page or 25,000 copies of multiple 
pages in the aggregate per requirement).
    ``Incidental'' means a draft and/or proofed document (not a 
final document) that is not prohibited from printing under EPA 
contracts.
    (b) Prohibition. (1) The contractor shall not engage in, nor 
subcontract for, any printing in connection with the performance of 
work under this contract. Duplication of more than 5,000 copies of 
one page or more than 25,000 copies of multiple pages in the 
aggregate per requirement constitutes printing. The intent of the 
printing limitation is to eliminate duplication of final documents.
    (2) In compliance with EPA Order 2200.4a, EPA Publication Review 
Procedure, the Office of Communications, Education, and Media 
Relations is responsible for the review of materials generated under 
a contract published or issued by the Agency under a contract 
intended for release to the public.
    (c) Affirmative Requirements. (1) Unless otherwise directed by 
the contracting officer, the contractor shall use double-sided 
copying to produce any progress report, draft report or final 
report.
    (2) Unless otherwise directed by the contracting officer, the 
contractor shall use recycled paper for reports delivered to the 
Agency which meet the minimum content standards for paper and paper 
products as set forth in EPA's Web site for the Comprehensive 
Procurement Guidelines at: http://www.epa.gov/cpg/.
    (d) Permitted Contractor Activities. (1) The prohibitions 
contained in paragraph (b) do not preclude writing, editing, or 
preparing manuscript copy, or preparing related illustrative 
material to a final document (camera-ready copy) using desktop 
publishing.
    (2) The contractor may perform a requirement involving the 
duplication of less than 5,000 copies of only one page, or less than 
25,000 copies of multiple pages in the aggregate, using one color 
(black), such pages shall not exceed the maximum image size of 10\3/
4\ by 14\1/4\ inches, or 11 by 17 paper stock. Duplication services 
below these thresholds are not considered printing. If performance 
of the contract will require duplication in excess of these 
thresholds, contractors must immediately notify the contracting 
officer in writing and a waiver must be obtained. Only the Joint 
Committee on Printing has the authority to grant waivers to the 
printing requirements. All Agency waiver requests must be 
coordinated with EPA's Headquarters Printing Management Team, 
Facilities and Services Division, and with the Office of General 
Counsel. Duplication services of ``incidentals'' in excess of the 
thresholds are allowable.
    (3) The contractor may perform a requirement involving the 
multi-color duplication of no more than 100 pages in the aggregate 
using color copier technology, such pages shall not exceed the 
maximum image size of 10\3/4\ by 14\1/4\ inches, or 11 by 17 paper 
stock. Duplication services below these thresholds are not 
considered printing. If performance of the contract will require 
duplication in excess of these limits, contractors must immediately 
notify the contracting officer in writing and a waiver must be 
obtained. Only the Joint Committee on Printing has the authority to 
grant waivers to the printing requirements. All Agency waiver 
requests must be coordinated with EPA's Headquarters Printing 
Management Team, Facilities and Services Division, and with the 
Office of General Counsel.
    (4) The contractor may perform the duplication of no more than a 
total of 500 units of an electronic information storage device 
(e.g., CD-ROMs, DVDs, thumb drives*) (including labeling and 
packaging) per work assignment or task order/delivery order per 
contract year. Duplication services below these thresholds are not 
considered printing. If performance of the contract will require 
duplication in excess of these thresholds, contractors must 
immediately notify the contracting officer in writing and a waiver 
must be obtained. Only the Joint Committee on Printing has the 
authority to grant waivers to the printing requirements. All Agency 
waiver requests must be coordinated with EPA's Headquarters Printing 
Management Team, Facilities and Services Division, and with the 
Office of General Counsel.
    (e) Violations. The contractor may not engage in, nor 
subcontract for, any printing in connection with the performance of 
work under the contract. The cost of any printing services in 
violation of this clause will be disallowed, or not accepted by the 
Government.
    (f) Flowdown Clause. The contractor shall include in each 
subcontract which may involve a requirement for any printing/
duplicating/copying a provision substantially the same as this 
clause.
    * Pursuant to the July 2008 guidance Promotional Communications 
for EPA, a thumb drive can be used as a promotional item, but it 
also must be an information medium in itself. Namely, it must have 
substantive EPA information already loaded into the drive. Due to 
its intrinsic material value, it may not be used simply or primarily 
to display an EPA message on the exterior of the drive.


(End of clause)

[FR Doc. 2012-23991 Filed 10-3-12; 8:45 am]
BILLING CODE 6560-50-P