[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 The proposed rule provides updates to outdated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]
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