[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22795-22798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08922]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1552

[EPA-HQ-OARM-2012-0196; FRL-9800-6]


EPAAR Clause for Printing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final 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 The final rule provides updates to outdated 
information previously in the EPAAR Printing clause.

DATES: This final rule is effective on April 17, 2013.

ADDRESSES: 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. 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

[[Page 22796]]

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. On October 4, 2012 (77 FR 60667) EPA sought comments on the 
proposed rule and received no comments.

II. Final Rule

    This final 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 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.''

III. 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 record 
keeping. 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 final rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That

[[Page 22797]]

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 final 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 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 final 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 rulemaking does not involve human health or 
environmental affects.

K. Congressional Review Act

    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. Section 804 exempts from section 801 the following types 
of rules (1) rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of agency organization, procedure, or practice 
that does not substantially affect the rights or obligations of non-
agency parties.

List of Subjects in 48 CFR Part 1552

    Government procurement, Reporting and recordkeeping requirements.

    Dated: April 1, 2013.
John R. Bashista,
Director, Office of Acquisition Management.

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

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
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.


0
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

[[Page 22798]]

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 \1\) (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.
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    \1\ 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.
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    (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.
    (End of clause)
[FR Doc. 2013-08922 Filed 4-16-13; 8:45 am]
BILLING CODE 6560-50-P