[Federal Register: May 4, 2000 (Volume 65, Number 87)]
[Proposed Rules]
[Page 25899-25900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my00-19]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1503 and 1552
[FRL-6588-2]
Acquisition Regulation
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing this rule
to amend the EPA Acquisition Regulation (EPAAR) to add a contract
clause to Agency contracts whereby contractors, under contracts
exceeding $1,000,000, are required to display EPA Office of the
Inspector General Hotline posters within contractor work areas.
DATES: Comments should be submitted not later than July 3, 2000.
ADDRESSES: Comments must be submitted to Larry Wyborski, U.S.
Environmental Protection Agency, Office of Acquisition Management
(3802R), 1200 Pennsylvania Avenue NW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Larry Wyborski, U.S. Environmental
Protection Agency, Office of Acquisition Management (3802R), 1200
Pennsylvania Avenue NW, Washington, DC 20460; (202) 564-4369,
wyborski.larry@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background Information
EPA's Office of Inspector General (OIG) requested that contractor
personnel under EPA contracts have access to information for contacting
the OIG in the event they wish to report waste, fraud or abuse under an
EPA contract. The information will be available in an EPA OIG Hotline
Poster. A contract clause will notify the contractor of the requirement
to display the hotline posters and will provide a reference for
obtaining the posters.
B. Executive Order 12866
This is not a significant regulatory action for purposes of
Executive Order 12866; therefore, no review is required at 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 rule does
not contain information collection requirements for the approval of OMB
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq).
D. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute, unless the agency certifies that the rule will not have
a significant impact on a substantial number of small entities. Small
entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impact of this rule on small
entities, small entity is defined as: (1) A small business that meets
the definition of a small business found in the Small Business Act and
codified at 13 CFR 121.201; (2) a small governmental jurisdiction that
is a government of a city, county, town, school district or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
adverse economic impact on small entities, since the primary purpose of
the regulatory flexibility analyses is to identify and address
regulatory alternatives ``which minimize any significant economic
impact of the proposed rule on small entities.'' 5 U.S.C. Sections 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. This
direct final rule does not have a significant impact on a substantial
number of small entities. The requirements under the rule impose no
reporting, record-keeping, or compliance costs on small entities.
E. Unfunded Mandates Reform Act
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 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 any one
year. Any private sector costs for this action relate to paperwork
requirements and associated expenditures, which would be 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.
[[Page 25900]]
F. Executive Order 13045
Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks (6 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
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 Executive Order 13045 because it is not
a significant rule as defined by E.O. 12866, and because it does not
involve decisions on environmental health or safety risks.
G. Executive Order 13084
Under Executive Order 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 for the direct
compliance costs incurred by the Tribal governments, or EPA consults
with those governments. If EPA complies by consulting, E.O. 13084
requires EPA to provide to 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, Executive Order 13084 requires EPA to develop an
effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
This rule does not significantly or uniquely affect the communities
of Indian Tribal governments. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this rule.
H. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 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 rule does not involve technical standards. Therefore, EPA did
not consider the use of any voluntary consensus standards.
I. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
This proposed rule does not have federalism implications. It will
not have substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The rule amends the EPA
Acquisition Regulation to add a contract clause to agency contracts
whereby contractors, under contracts exceeding $1,000,000, are required
to display EPA Office of the Inspector General Hotline posters within
contractor work areas. Thus, the requirements of Section 6 of the
Executive Order do not apply to this rule.
Authority: The provisions of this regulation are issued under 5
U.S.C. 301; section 205(c), 63 Stat. 390, as amended 40 U.S.C.
486(c).
List of Subjects in 48 CFR Parts 1503 and 1552
Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
1. The authority citation for parts 1503 and 1552 continues to read
as follows:
Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C.
486(c).
PART 1503--[AMENDED]
2. Subpart 1503.5, Other Imports Business Practices, is added as
follows:
Subpart 1503.5--Other Improper Business Practices
1503.500-70 Display of EPA Office of Inspector General Hotline Poster.
The contracting officer shall insert the clause at 1552.203-71,
Display of EPA Office of Inspector General Hotline Poster, in all
contracts exceeding a value of $1,000,000 including all contract
options.
PART 1552--[AMENDED]
3. 1552.203-71 is added to read as follows:
1552.203-71 Display of EPA Office of Inspector General Hotline Poster.
As prescribed in 1503.500-70 insert the following clause in all
contracts valued in excess of $1,000,000 including all contract
options.
Display of EPA Office of Inspector General Hotline Poster
(JUN 2000)
(a) For EPA contracts exceeding a value of $1,000,000 including
all contract options, the contractor shall prominently display EPA
Office of Inspector General Hotline posters in contractor facilities
where the work is performed under the contract.
(b) Office of Inspector General hotline posters may be obtained
from the EPA Office of Inspector General, ATTN: OIG Hotline (2443),
401 M Street, SW, Washington, DC 20460, or by calling (202) 260-
5113.
Dated: April 18, 2000.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 00-11137 Filed
5-3-00; 8:45 am]
BILLING CODE 6560-50-P