[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Proposed Rules]
[Pages 49033-49036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19420]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1509, 1527, and 1552
[EPA-HQ-OARM-2013-0224; FRL-9915-19-OARM]
Acquisition Regulation; Incorporation of Class Deviation to
Notification of Conflicts of Interest Regarding Personnel and Project
Employee Confidentiality Agreement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to amend
the EPA Acquisition Regulation (EPAAR) to incorporate a class deviation
to clause 1552.209-73, Notification of Conflicts of Interest Regarding
Personnel, and 1552.227-76, Project Employee Confidentiality Agreement,
and their respective prescriptions, to include Alternate 1 for the
subcontract flow-down requirements for other than Superfund work. The
class deviation to the two clauses was executed to address the
increased use of these conflict of interest (COI) clauses in non-
Superfund contracts to better protect the Agency from COI. The
Superfund flow-down language in the basic clauses does not apply or
relate to non-Superfund contracts and would likely be confusing if the
Superfund specific language was not deleted. The proposed rule also
provides for minor administrative edits.
DATES: Comments must be received on or before September 18, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0224, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected].
Mail: EPA-HQ-OARM-2013-0224, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave. 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-
2013-0224. 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
[[Page 49034]]
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: Daniel Humphries, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-4377; 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
EPA is updating the EPAAR to incorporate a class deviation that was
executed to add subcontract flow-down requirements for other than
Superfund work to the two clauses: 1552.209-73 and 1552.227-76. The
Agency's COI clauses are generally written to address COI for the
Superfund programs. These two clauses are increasingly included in non-
Superfund contracts to better protect the Agency from COI. The
Superfund specific flow-down language in the respective clauses do not
generally apply or relate to non-Superfund contracts and would likely
be confusing if it was not deleted. To address this, the proposed rule
includes an Alternate 1 that provides subcontract flow-down
requirements for other than Superfund work, as well as minor
administrative edits.
III. Proposed Rule
This proposed rule includes the following content changes: (1) Adds
prescriptive language to 1509.507-2(b) for an Alternate 1 under clause
1552.209-73 that replaces paragraph (d) for other than Superfund work.
(2) For clause 1552.209-73, Alternate 1 is added for other than
superfund work under paragraph (d) that addresses subcontract flow-down
requirements. (3) Under 1527.409, prescriptive language is added for an
Alternate 1 for clause 1552.227-76 that replaces paragraph (d) for
other than Superfund work. (4) Under Clause 1552.227-76, Alternate 1 is
added for other than Superfund work for paragraph (d) that addresses
subcontract flow-down requirements. (5) The proposed rule also provides
minor administrative edits.
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 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
[[Page 49035]]
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 Governments
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 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 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 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 effects.
List of Subjects in 48 CFR Parts 1509, 1527, and 1552
Government procurement.
Dated: August 6, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
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.
PART 1509--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for part 1509 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
2. Section 1509.507-2 is amended by revising paragraphs (a) and (b) and
in paragraph (c) introductory text by removing the term ``simplified
acquisition procedures'' and adding in its place ``simplified
acquisitions''.
The revisions read as follows:
1509.507-2 Contract clause.
(a) The Contracting Officer shall include the clause at 1552.209-
71, in all Superfund contracts in excess of the simplified acquisition
threshold and, as appropriate, in simplified acquisitions for Superfund
work. Contracts for other than Superfund work shall include Alternate I
in this clause in lieu of paragraph (e).
(b) The Contracting Officer shall include the clause at 1552.209-
73, in all solicitations and contracts for Superfund work in excess of
the simplified acquisition threshold and, as appropriate, in simplified
acquisitions for Superfund work. Contracts for other than Superfund
work shall include Alternate I in this clause in lieu of paragraph (d).
* * * * *
PART 1527--PATENTS, DATA, AND COPYRIGHTS
0
3. The authority citation for part 1527 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
4. Revise section 1527.409 to read as follows:
1527.409 Solicitation provisions and contract clauses.
The Contracting Officer shall insert the clause in 1552.227-76 in
all Superfund solicitations and contracts in excess of the simplified
acquisition threshold and, as appropriate, in simplified acquisitions
for Superfund work. The clause may be used in other contracts if
considered necessary by the Contracting Officer. Contracts for other
than Superfund work shall include Alternate I in this clause in lieu of
paragraph (d).
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. The authority citation for part 1552 continues to read as follows:
[[Page 49036]]
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
6. 1552.209-73 is amended by removing the term ``Project Officer'' in
paragraphs (b) and (c) and adding in its place ``Contracting Officer's
Representative'' and adding Alternate I.
The addition reads as follows:
1552.209-73 Notification of conflicts of interest regarding
personnel.
* * * * *
Alternate I. Contracts for other than Superfund work shall include
Alternate I in this clause in lieu of paragraph (d).
(d) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder provisions which shall conform
substantially to the language of this clause, including this paragraph
(d), unless otherwise authorized by the Contracting Officer.
0
7. 1552.227-76 is amended by adding Alternate I to read as follows:
1552.227-76 Project employee confidentiality agreement.
* * * * *
Alternate I. Contracts for other than Superfund work shall include
Alternate I in this clause in lieu of paragraph (d).
(d) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder provisions which shall conform
substantially to the language of this clause, including this paragraph
(d), unless otherwise authorized by the Contracting Officer.
[FR Doc. 2014-19420 Filed 8-18-14; 8:45 am]
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