[Federal Register: August 4, 1998 (Volume 63, Number 149)]
[Rules and Regulations]               
[Page 41450-41451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au98-17]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1511, 1515, and 1552

[FRL-6135-5]

 
Acquisition Regulation: Administrative Amendments

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is adopting as final 
an interim rule that amended the EPA Acquisition Regulation (EPAAR) (48 
CFR Chapter 15) to include a requirement that any report prepared under 
an Agency contract identify the contract under which it was prepared 
and the name of the contractor who prepared the report, and to make an 
administrative change in the approval levels for Source Selection.

DATES: This final rule is effective on August 4, 1998.

FOR FURTHER INFORMATION CONTACT: Louise Senzel, U.S. Environmental 
Protection Agency, Office of Acquisition Management (3802R), 401 M 
Street, SW, Washington, D.C. 20460, Telephone: (202) 564-4367.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule includes a requirement that any report prepared 
under an Agency contract identify the contract under which it was 
prepared and the name of the contractor who prepared the report as 
required by section 411 of Public Law 105-65, October 27, 1997, and 
makes an administrative change in the approval levels for Source 
Selection.
    Section 411 of P.L. 105-65 (EPA's appropriation act) states 
``except as otherwise provided by the law, no part of any appropriation 
contained in this Act shall be obligated or expended by any executive 
agency, as referred to in the Office of Federal Procurement Policy Act 
(41 U.S.C. 401 et. seq), for a contract for services unless such 
executive agency: (1) has awarded and entered into such contract in 
full compliance with such Act and the regulations promulgated 
thereunder; and (2) requires any report prepared pursuant to such 
contract, including plans, evaluations, studies, analyses and manuals, 
and any report prepared by the agency which is substantially derived 
from or substantially includes any report pursuant to such contract, to 
contain information concerning: (A) the contract pursuant to which the 
report was prepared; and (B) the contractor who prepared the report to 
such contract.'' Because immediate compliance was essential for EPA 
contracting activities, urgent and compelling circumstances existed 
that made it impracticable for EPA to promulgate this rule using notice 
and comment procedures. Therefore, pursuant to 41 U.S.C. Sec. 418b(d), 
EPA promulgated these revisions on an interim basis and provided for a 
public comment period of 60 days from the date on which this rule was 
published, March 4, 1998.
    Only one public comment was received. The comment suggested many 
more detailed requirements for submission of reports in paper and other 
electronic or information technology media, distribution requirements, 
and publication requirements. After considering the comment received, 
no change was made because we believe that the level of specificity of 
these requirements should be considered on a case-by-case basis for a 
particular contract action and not specified as a standard requirement 
for all contracts.

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), 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 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 1511, 1515, and 1552

    Government procurement.

    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).


[[Page 41451]]


    Accordingly, the interim rule amending 48 CFR Chapter 15 which was 
published at 63 FR 10548-10549 on March 4, 1998, is adopted as a final 
rule without change.

    Dated: July 20, 1998.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 98-20770 Filed 8-3-98; 8:45 am]
BILLING CODE 6560-50-P