[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9051-9052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4293]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 11, 23, and 52
[FAC 97-04; FAR Case 92-054B; Item II]
RIN 9000-AH39
Federal Acquisition Regulation; Federal Compliance With Right-To-
Know Laws and Pollution Prevention Requirements
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final with changes.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to adopt as final, with
changes, the interim rule published in the Federal Register at 62 FR
12690, March 17, 1997, as Item V of Federal Acquisition Circular 90-46.
The rule amends the Federal Acquisition Regulation (FAR) to implement
Executive Order (E.O.) 12856 of August 3, 1993, ``Federal Compliance
With Right-To-Know Laws and Pollution Prevention Requirements''. This
regulatory action was not subject to Office of Management and Budget
(OMB) review under E.O. 12866, dated September 30, 1993, and is not a
major rule under 5 U.S.C. 804.
EFFECTIVE DATE: April 24, 1998.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405 (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAC 97-04, FAR case 92-054B.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule with request for public comment was published on
March 17, 1997 (62 FR 12690), to implement E.O. 12856 of August 3,
1993, ``Federal Compliance With Right-To-Know Laws and Pollution
Prevention Requirements''. E.O. 12856 requires that Federal facilities
comply with the planning and reporting requirements of the Pollution
Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109) and the Emergency
Planning and Community Right-To-Know Act of 1986 (EPCRA) (42 U.S.C.
11001-11050). As a result of the one public comment received in
response to the interim rule, FAR 23.1004(b) and 52.223-5(b) have been
revised to clarify the obligations of Federal facilities to comply with
the reporting and emergency planning requirements of the PPA and the
EPCRA.
B. Regulatory Flexibility Act
A Final Regulatory Flexibility Analysis (FRFA) has been prepared
and will be provided to the Chief Counsel for Advocacy of the Small
Business Administration. A copy of the FRFA may be obtained from the
FAR Secretariat. The analysis is summarized as follows:
No comments were received in response to the Initial Regulatory
Flexibility Analysis.
The rule will apply to all contractors that use certain
hazardous or toxic substances in the performance of contracts on a
Federal facility. It is estimated that there are approximately 6,100
small business contractors to which the rule will apply. Such
contractors must provide any information necessary to enable the
Federal facility to fulfill its reporting requirements under EPCRA,
PPA, and E.O. 12856. The information collection would be prepared by
contractor employees using records that the contractor is required
to maintain under existing law and regulation. No special
professional skills are needed for preparation of the required
information.
There are no known alternatives which would accomplish the
objectives of the PPA, EPCRA, and E.O. 12856. The rule implements an
explicit requirement of E.O. 12856 to provide a contract clause to
collect information on the use of specific substances from certain
contractors. Any alternative to the final rule that lessens the
burden on small entities would fail to comply with E.O. 12856.
C. Paperwork Reduction Act
The final rule imposes no new information collection requirements
that require approval of OMB under 44 U.S.C. 3501, et seq. The
information collection requirements imposed by the interim rule have
been approved by OMB through May 31, 2000, under OMB Control Number
9000-0147.
List of Subjects in 48 CFR Parts 1, 11, 23, and 52
Government procurement.
Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR Parts 23 and 52,
which was published at 62 FR 12696, March 17, 1997, is adopted as a
final rule with the following changes:
1. The authority citation for 48 CFR Parts 1, 11, 23, and 52
continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
2. Section 1.106 is amended in the table following the introductory
paragraph by adding the following entry:
1.106 OMB approval under the Paperwork Reduction Act.
* * * * *
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OMB Control
FAR segment No.
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* * * * *
52.223-5................................................... 9000-0147
* * * * *
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PART 11--DESCRIBING AGENCY NEEDS
11.001 [Amended]
3. Section 11.001 is amended by removing the definition of ``New''.
PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
23.1004 [Amended]
4. Section 23.1004 is amended at the end of paragraph (b) by
removing the period and inserting ``, and other agency obligations
under E.O. 12856.''.
[[Page 9052]]
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.213-4 [Amended]
5. Section 52.213-4 is amended by revising the date of the clause
to read ``(APR 1998)''; and in paragraph (b)(1)(vii) of the clause by
revising ``(MAR 1997)'' to read ``(APR 1998)''.
6. Section 52.223-5 is amended by revising the clause date and
paragraph (b) to read as follows:
52.223-5 Pollution Prevention and Right-to-Know Information.
* * * * *
Pollution Prevention and Right-to-Know Information (Apr 1998)
* * * * *
(b) The Contractor shall provide all information needed by the
Federal facility to comply with the emergency planning reporting
requirements of Section 302 of EPCRA; the emergency notice
requirements of Section 304 of EPCRA; the list of Material Safety
Data Sheets required by Section 311 of EPCRA; the emergency and
hazardous chemical inventory forms of Section 312 of EPCRA; the
toxic chemical release inventory of Section 313 of EPCRA, which
includes the reduction and recycling information required by Section
6607 of PPA; and the toxic chemical reduction goals requirements of
Section 3-302 of Executive Order 12856.
(End of clause)
[FR Doc. 98-4293 Filed 2-20-98; 8:45 am]
BILLING CODE 6820-EP-P
