[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14610]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1528 and 1552
[FRL-5517-4]
Acquisition Regulation; Bonds and Insurance
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is removing from the
EPA Acquisition Regulation (EPAAR) (48 CFR Chapter 15) clauses for
insurance for liability to third parties for Superfund response action
contractors.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Linda Avellar, Environmental
Protection Agency, Office of Acquisition Management (3802F), 410 M
Street, SW., Washington, DC 20460. Telephone: (202) 260-6800.
SUPPLEMENTARY INFORMATION:
A. Background
The Agency is eliminating from its acquisition regulation outdated
and unnecessary material, which will no longer be used. This final rule
eliminates coverage and clauses on Insurance, Liability to Third
Persons, for commercial organizations and state and local governments
performing as response action contractors in Superfund. The Agency
Final Guidelines for Superfund Response Action Contractor
Indemnification, issued on January 25, 1993, rendered these clauses
obsolete. As a result of the guidelines, the Agency may currently
indemnify response action contractors only in limited circumstances,
primarily where it can show a lack of competition in response to a
solicitation directly attributable to the absence of any
indemnification provisions.
B. Executive Order 12866
The 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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this 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 final rule does not exert a significant
economic impact on a substantial number of small entities. The
requirements to contractors under the final rule impose no reporting,
recordkeeping, or any compliance costs.
E. Unfunded Mandates
This final rule will not impose unfunded mandates on state or local
entities, or others.
The provisions of this regulation are issued under 5 U.S.C. 301; 40
U.S.C. 486(c).
List of Subjects in 48 CFR Parts 1528 and 1552
Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
PART 1528--[REMOVED]
1. Under the authority of 33 U.S.C. 1361(a), Part 1528 is removed.
PART 1552--[AMENDED]
2. The authority citation for 48 CFR Part 1552 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C.
486(c).
43. Part 1552 is amended to delete sections: 1552.228-70, 1552.228-
71, 1552.228-72, & 1552.228-73.
Dated: May 13, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-14610 Filed 6-10-96; 8:45 am]
BILLING CODE 6560-50-P
