[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31526-31529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11838]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1501, 1505, 1516, 1528, 1529, 1532 and 1552

[EPA-HQ-OARM-2015-0799; FRL 9945-66-OARM]


Environmental Protection Agency Acquisition Regulation; General, 
Publicizing Contract Actions, Types of Contracts, Bonds and Insurance, 
Taxes, Contract Financing, Solicitation Provisions and Contract Clauses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a final 
rule to make administrative changes to the Environmental Protection 
Agency Acquisition Regulation (EPAAR). EPA does not anticipate any 
adverse comments.

DATES: This rule is effective on July 18, 2016 without further action, 
unless EPA receives adverse comment by June 20, 2016. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2015-0799, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Julianne Odend'hal, Policy, Training, 
and Oversight Division, Acquisition Policy and Training Service Center 
(3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington DC 20460; telephone number: (202) 564-5218; email address: 
odend'[email protected].

SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because 
EPA views this as a noncontroversial action and anticipates no adverse 
comment. EPAAR Parts 1501, 1505, 1516, 1528, 1529, 1532, and 1552 are 
being amended to make administrative changes to the EPAAR. If EPA 
receives adverse comment, a timely withdrawal will be published in the 
Federal Register informing the public that the rule will not take 
effect. Any parties interested in commenting must do so at this time.

II. Does this action apply to me?

    The EPAAR applies to contractors who have a contract with the EPA.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
http://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.
    B. 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.

[[Page 31527]]

     Make sure to submit your comments by the comment period 
deadline identified.

IV. Background

    EPAAR Parts 1501, 1505, 1516, 1528, 1529, 1532, and 1552 are being 
amended to make administrative changes.

V. Final Rule

    This direct final rule makes the following changes: (1) Corrects 
references in EPAAR 1501.370 to read ``1511.011-70 and 1511.011-72'' 
instead of ``1510.011-70 and 1510.011-72'' and ``1552.211-72'' instead 
of ``1552.210-72''; (2) corrects EPAAR 1505.203(a) to read ``Government 
Point of Entry (GPE)'' instead of ``Commerce Business Daily (CBD)''; 
(3) corrects reference in EPAAR 1516.301-70 to read ``1552.211-73'' 
instead of ``1552.212-70''; (4) deletes ``(SEP 1995)'' in EPAAR 
1516.406(b); (5) corrects the title of EPAAR Part 1528 to read ``Bonds 
and Insurance'' instead of ``Bonds of Insurance''; (6) removes ``EPAAR 
Subpart 1529.4--Contract Clauses, 1529.401 Domestic contracts, 
1529.401-70 [Reserved]''; (7) corrects EPAAR 1532.908 to read ``non-
commercial time and materials'' instead of ``fixed rate''; (8) corrects 
EPAAR 1552.211-78 to read ``Contracting Officer's Representative 
(COR)'' instead of ``Project Officer''; (9) corrects the web address in 
EPAAR 1552.211-79(d) to read ``http://www2.epa.gov/irmpoli8/current-information-directives'' instead of ``http://wpa.gov/docs/irmpoli8/policies/index.htlm''; (10) corrects the prescription in EPAAR 
1552.216-70 to read ``1516.406(a)'' instead of ``1516.405(a)''; (11) 
corrects the date in the clause title in EPAAR 1552.216-72 to read 
``(JUL 2014)'' instead of ``(__2014)''; (12) corrects the reference in 
the prescription in EPAAR 1552.216-75 to read ``1516.406(b)'' instead 
of ``1516.405(b)''; (13) corrects the reference in the prescription in 
EPAAR 1552.216-77 to read ``1516.406(c)'' instead of ``1515.406(c)''; 
(14) corrects the reference in the prescription in EPAAR 1552.216-78 to 
read ``1516.406(c)'' instead of ``1515.406(c)''; (15) corrects the 
reference in the prescription in EPAAR 1552.216-79 to read 
``1516.406(c)'' instead of ``1515.406(c)''; (16) corrects EPAAR 
1552.232-70 Alternate I prescription to read ``non-commercial time and 
materials'' instead of ``fixed rate''; (17) increases the number of 
fill-in lines in paragraph (a) of EPAAR clause 1552.237-72 from two to 
15; and (18) corrects the EPAAR 1552.242-70 prescription to add ``and 
non-commercial time and materials'' after ``cost-reimbursement.''

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the PRA because it does not contain any information collection 
activities.

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.

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. 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, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This action amends EPAAR Parts 1501, 
1505, 1516, 1528, 1529, 1532, and 1552 to make administrative changes. 
We have therefore concluded that this action will have no net 
regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action 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.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive 
Order 13175 does not apply to this action. In the spirit of Executive 
Order 13175, and consistent with EPA policy to promote communication 
between EPA and Tribal governments, EPA specifically solicits 
additional comment on this rule from Tribal officials.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

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

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995

    This rulemaking does not involve technical standards.

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

    Executive Order 12898 (59 FR 7629, (February 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

[[Page 31528]]

the level of protection provided to human health or the environment.

K. Congressional Review

    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 this 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 Parts 1501, 1505, 1516, 1528, 1529, 
1532, and 1552

    Government procurement.

    Dated: May 2, 2016.
John R. Bashista,
Director, Office of Acquisition Management.

    For the reasons stated in the preamble, 48 CFR parts 1501, 1505, 
1516, 1528, 1529, 1532 and 1552 are amended as set forth below:

PART 1501--GENERAL

0
1. The authority citation for part 1501 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.


1501.370  [Amended]

0
2. Amend section 1501.370, table, by removing the text ``1510.011-70 
and 1510.011-72'' and adding the text ``1511.011-70 and 1511.011-72'' 
in its place; and removing the text ``1552.210-72'' and adding the text 
``1552.211-72'' in its place.

PART 1505--PUBLICIZING CONTRACT ACTIONS

0
3. The authority citation for part 1505 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1505.203  [Amended]

0
4. Amend section 1505.203, paragraph (a), by removing the words 
``Commerce Business Daily (CBD)'' and adding the words ``Government 
Point of Entry (GPE)'' in their place.

PART 1516--TYPES OF CONTRACTS

0
5. The authority citation for part 1516 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1516.301-70  [Amended]

0
6. Amend section 1516.301-70 by removing the text ``1552.212-70'' and 
adding text ``1552.211-73'' in its place.


1516.406  [Amended]

0
7. Amend 1516.406, paragraph (b) by removing the text ``(SEP 1995)''.

PART 1528--BONDS AND INSURANCE

0
8. The authority citation for part 1528 is added to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


0
9. The part 1528 heading is revised to read as set forth above.

PART 1529--TAXES

0
10. The authority citation for part 1529 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.

Subpart 1529.4 [Removed and Reserved]

0
11. Remove and reserve subpart 1529.4.

PART 1532--CONTRACT FINANCING

0
12. The authority citation for part 1532 is revised to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1532.908  [Amended]

0
13. Amend section 1532.908 by removing the words ``fixed-rate'' and 
adding the words ``non-commercial time and materials'' in its place.

PART 1552--SOLICATION PROVISIONS AND CONTRACT CLAUSES

0
14. The authority citation for part 1552 continues to read as follows:

    Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.


1552.211-78  [Amended]

0
15. Amend section 1552.211-78 by removing the words ``EPA Project 
Officer'' and adding the words ``EPA Contracting Officer's 
Representative (COR)'' in its place and removing the words ``EPA 
Project Officer's'' and adding ``COR's'' in its place; and removing the 
text ``(JUL 2015)'' and adding the text ``(JUL 2016)'' in its place.


1552.211-79  [Amended]

0
16. Amend section 1552.211-79, paragraph (d), by removing the text 
``http://epa.gov/docs/irmpoli8/policies/index/html'' and adding the 
text ``http://www2.epa.gov/irmpoli8/current-information-directives'' in 
its place; and adding, after the clause heading, the text ``(JUL 
2016)''.


1552.216-70  [Amended]

0
17. Amend the introductory text of section 1552.216-70 by removing the 
text ``1516.405(a)'' and adding the text ``1516.406(a)'' in its place.


1552.216-72  [Amended]

0
18. Amend section 1552.216-72 by removing the text ``(___2014)'' and 
adding the text ``(JUL 2014)'' in its place.


1552.216-75  [Amended]

0
19. Amend the introductory text of section 1552.216-75 by removing the 
text ``1516.405(b)'' and adding the text ``1516.406(b)'' in its place.


1552.216-77  [Amended]

0
20. Amend the introductory text of section 1552.216-77 by removing the 
text ``1515.406(c)'' and adding the text ``1516.406(c)'' in its place.


1552.216-78  [Amended]

0
21. Amend the introductory text of section 1552.216-78 by removing the 
text ``1515.406(c)'' and adding the text ``1516.406(c)'' in its place.


1552.216-79  [Amended]

0
22. Amend the introductory text of section 1552.216-79 by removing the 
text ``1515.406(c)'' and adding the text ``1516.406(c)'' in its place.


1552.232-70  [Amended]

0
23. Amend section 1552.232-70, in the introductory text of Alternate 1, 
by removing the words ``fixed-rate'' and adding the words ``non-
commercial time and materials'' in its place.


1552.237-72  [Amended]

0
24. Amend section 1552.237-72, paragraph (a), by adding 13 horizontal 
lines below the existing two horizontal lines.
0
25. Amend section 1552.242-70 by revising the introductory text to read 
as follows:

[[Page 31529]]

1552.242-70  Indirect costs.

    As prescribed in 1542.705-70, insert the following clause in all 
cost-reimbursement and non-commercial time and materials type 
contracts. If ceilings are not being established, enter ``not 
applicable'' in paragraph (c) of the clause.
* * * * *
[FR Doc. 2016-11838 Filed 5-18-16; 8:45 am]
 BILLING CODE 6560-50-P