[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46898-46899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23816]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1504, 1542, and 1552
[FRL-6155-5]
Acquisition Regulation: Administrative Amendments
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is amending the EPA
Acquisition Regulation (EPAAR) (48 CFR Chapter 15) removing from the
EPAAR unnecessary coverage that duplicates existing FAR coverage on
quick-closeout procedures, and making other administrative changes.
EFFECTIVE DATE: September 3, 1998.
FOR FURTHER INFORMATION CONTACT: Paul Schaffer, U.S. Environmental
Protection Agency, Office of Acquisition Management (3802R), 401 M
Street, SW, Washington, D.C. 20460, Telephone: 202-564-4366.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule eliminates EPAAR 1542.708 Quick-Closeout Procedures
which duplicates existing FAR coverage (FAR 42.708), and makes other
administrative changes. As authorized by section 22(a) of the Office of
Federal Procurement Policy Act, 41 U.S.C. 418b, this rule is being
issued without notice and opportunity for public comment because it
does not have a significant effect beyond the internal operating
procedures of the Agency, and it does not impose a significant cost or
administrative impact on contractors or offerors.
B. Executive Order 12866
The final rule is not a significant regulatory action for the
purposes of Executive Order 12866; therefore, no review was 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 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 rule impose no reporting, record-
keeping, or any compliance costs.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess their
regulatory actions on State, local, and tribal governments, and the
private sector. This 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 was not subject to
the requirements of sections 202 and 205 of the UMRA.
F. 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 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).
G. 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.
List of Subjects in 48 CFR Parts 1504, 1542, and 1552
Environmental protection, Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
1. The authority citation for Parts 1504, 1542 and 1552 continue to
read as follows:
Authority: The provisions of this regulation are issued under 5
U.S.C. 301; Sec. 205(c),63 Stat. 390, as amended.
[[Page 46899]]
Sec. 1504.804-5 [Amended]
2. Section 1504.804-5 is amended by revising the reference
``1542.708'' to read ``FAR 42.708.''
Sec. 1542.708 [Removed]
3. Section 1542.708 is removed.
4. Section 1552.209-71 is amended by revising ``ALTERNATE I to
Paragraph (e)'' to read as follows:
Secs. 1552.209-71 Organizational conflicts of interest.
* * * * *
ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 1994)
* * * * *
ALTERNATE I------------------------------------------------------------
Contracts for other than Superfund work shall include Alternate
I in this clause in lieu of paragraph (e).
(e) 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, unless otherwise authorized by the contracting officer.
Sec. 1552.211-70 [Amended]
5. Section 1552.211-70 and ALTERNATE I is amended by revising the
OMB clearance number 2030-0005 expiration date of ``May 31, 1986'' to
read ``January 31, 2000.''
Sec. 1552.216-74 [Amended]
6. Section 1552.216-74 is amended by revising the reference in
paragraph (b) ``1552.212-70'' to read ``1552.211-73.''
Dated: August 24, 1998.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 98-23816 Filed 9-2-98; 8:45 am]
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