[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Rules and Regulations]
[Pages 17109-17110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8479]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1533 and 1552
[FRL-6320-1]
Acquisition Regulation: Incorporate Solicitation Notice for
Agency Protests
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final Rule.
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SUMMARY: EPA is taking direct final action on amending the EPA
Acquisition Regulation (EPAAR) (48 CFR Chapter 15) to include the
solicitation notice of the filing requirements for Agency protests.
DATES: This rule is effective on July 7, 1999 without further notice,
unless EPA receives adverse comments by June 7, 1999. If we receive
adverse comments, we will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Written comments should be submitted to the contact listed
below at the following address: U.S. Environmental Protection Agency,
Office of Acquisition Management (3802R), 401 M Street, SW, Washington,
D.C. 20460. Comments and data may also be submitted electronically by
sending electronic mail (e-mail) to: Avellar.Linda@epamail.epa.gov.
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comments and data
will also be accepted on disks in WordPerfect in 6.1 formal or ASCII
file format. No confidential business information (CBI) should be
submitted through e-mail. Electronic comments on this rule may be filed
on-line at many Federal Depository Libraries.
FOR FURTHER INFORMATION CONTACT: Linda Avellar, U.S. EPA, Office of
Acquisition Management, (3802R), 401 M Street, SW, Washington, D.C.
20460, Telephone: (202) 564-4356.
SUPPLEMENTARY INFORMATION:
A. Background
This direct final rule includes the notice of filing requirements
for Agency protests. This notice of filing is in accordance with the
Federal Acquisition Regulation (FAR) 33.103(d)(4). EPA is publishing
this rule without prior proposal because we view this as a non-
controversial amendment and anticipate no adverse comment; usage of
this notice of filing in Agency solicitations has been non-
controversial. This rule will be effective on July 7, 1999 without
further notice unless we receive adverse comments by June 7, 1999. If
EPA receives adverse comments, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. We also will publish a notice of proposed rulemaking in a
future edition of the Federal Register. We will address the comments on
the direct final rule as part of that proposed rulemaking.
B. Executive Order 12866
The direct final rule is not a significant regulatory action for
the purposes of Executive Order 12866; therefore, no review is required
by the Office of Information and Regulatory Affairs within the Office
of Management and Budget (OMB).
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this direct
final rule does not contain information collection requirements that
require the approval of OMB under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
D. Regulatory Flexibility Act
The EPA certifies that this direct final rule does not exert a
significant economic impact on a substantial number of small entities.
The requirements to contractors under the rule impose no reporting,
recordkeeping, or any compliance costs.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
their regulatory actions on State, local, and tribal governments, and
the private sector. This direct final rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in one year. Any private sector costs for this action relate to
paperwork requirements and associated expenditures that are far below
the level established for UMRA applicability. Thus, the rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
F. Executive Order 13045
Protection of Children from Environmental Health Risks 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 12866, and (2) concerns an environmental health or safety risk
that EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions on environmental health or safety risks.
[[Page 17110]]
G. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and creates a mandate upon a State, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide OMB a description of the
extent of EPA's prior consultation with representatives of affected
State, local, and tribal governments, the nature of their concerns,
copies of any written communications from the governments, and a
statement supporting the need to issue the regulation. In addition,
E.O. 12875 requires EPA to develop an effective process permitting
elected officials and other representatives of State, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
H. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected and other representatives of
Indian tribal government ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this rule.
I. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 12(d) (15 U.S.C. 272
note) 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 NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
J. Submission to Congress and the General Accounting Office
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. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Authority: The provisions of this regulation are issued under 5
U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
List of Subjects in 48 CFR Parts 1533 and 1552
Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
PARTS 1533 AND 1552--[AMENDED]
1. The authority citations for part 1533 and for part 1552 continue
to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
2. Section 1533.103, is revised to read as follows: 1533.103
Protests to the Agency.
Protests to the Agency are processed pursuant to the requirements
of FAR 33.103. Contracting Officers must include in every solicitation
the provision at 1552.233-70, Notice of Filing Requirements for Agency
Protests.
3. Part 1552 is amended by adding the following new Section
1552.233-70:
1552.233-70 Notice of Filing Requirements for Agency Protests.
As prescribed in 1533.103, insert the following clause in all types
of solicitations:
Notice of Filing Requirements for Agency Protests July 1999
Agency protests must be filed with the Contracting Officer in
accordance with the requirements of FAR 33.103 (d) and (e). Within
10 calendar days after receipt of an adverse Contracting Officer
decision, the protester may submit a written request for an
independent review by the Head of the Contracting Activity. This
independent review is available only as an appeal of a Contracting
Officer decision on a protest. Accordingly, as provided in 4 CFR
21.2(a)(3), any protest to the GAO must be filed within 10 days of
knowledge of the initial adverse Agency action.
Dated: March 1, 1999.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 99-8479 Filed 4-7-99; 8:45 am]
BILLING CODE 6560-50-P
