29984 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

(MIRR). The WAWF Energy RR is the 

electronic equivalent of the DD Form 250 for 

overland shipments and DD Form 250–1, 

Tanker/Barge Material Inspection and 

Receiving Report, for waterborne shipments. 

(b) The use of the DD Form 250 series 

documents is on an exception basis (see 

DFARS 232.7002(a)) because use of the 

WAWF RR is now required by most DoD 

contracts. * * * 

* * * * * 

F–103 Use. 

* * * * * 

(d) Use the WAWF Energy RR or the DD 

Form 250–1: 

* * * * * 

F–104 Application. 

* * * * * 

(b) WAWF Energy RR or the DD Form 250– 

1. 

* * * * * 

Part 3—Preparation of the Wide Area 

Workflow (WAWF) Receiving Report (RR) 

and WAWF Energy RR 

F–301 Preparation instructions. 

* * * * * 

(b) * * * 

(13) Marked for/code. Enter the code from 

the contract or shipping instructions. Only 

valid DoDAACs, MAPACs, or CAGE codes 

can be entered. Vendors should use the 

WAWF ‘‘Mark for Rep’’ and ‘‘Mark for 

Secondary’’ fields for textual marking 

information specified in the contract. Enter 

the three-character project code when 

provided in the contract or shipping 

instructions. 

* * * * * 

[FR Doc. 2015–12342 Filed 5–22–15; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1552 

[EPA–HQ–OARM–2013–0523; FRL–9926– 

75–OARM] 

Environmental Protection Agency 

Acquisition Regulation (EPAAR); 

Describing Agency Needs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a direct final 

rule to address administrative and 

minor non-substantive changes in four 

clauses. The direct final rule updates 

‘‘Monthly Progress Reports’’, ‘‘Working 

Files’’, ‘‘Final Reports’’, and 

‘‘Management Consulting Services’’. 

EPA does not anticipate any adverse 

comments. 

DATES: This rule is effective on July 27, 

2015 without further notice, unless 

adverse comment is received June 25, 

2015. If adverse comment is received, 

the EPA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2013–0523 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: docket.oei@epa.gov. 

• Fax: (202) 566–1753. 

• Mail: EPA–HQ–OARM–2013–0523, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket 

Center—Attention OEI Docket, EPA 

West, Room B102, 1301 Constitution 

Ave. NW., Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2013– 

0523. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Government Property-Contract 

Property Administration Docket, EPA/

DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the EPA 

Docket Center is (202) 566–1752. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m. Monday through Friday, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Holly Hubbell, Policy, Training, and 

Oversight Division, Acquisition Policy 

and Training Service Center (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

1091; email address: hubbell.holly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

General Information 

1. Do not submit Classified Business 

Information (CBI) to EPA Web site 

http://www.regulations.gov or email. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI, 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29985 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) Part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

3. Make sure to submit your 

comments by the comment period 

deadline identified. 

I. Background 

The EPA is revising EPAAR 

1552.211–72, Monthly Progress Report, 

and 1552.211–77, Final Reports, to 

incorporate existing class deviations. 

Additionally, 1552.211–77 is updated to 

allow and clarify the electronic 

submission of final reports and, as such, 

should ease the administrative burden 

on Agency contractors. The revision of 

1552.211–75, Working Files, changes a 

minor word in the clause and 1552.211– 

78, Management Consulting Services, 

changes the title of the clause to be 

consistent with the title of the 

prescription Advisory and Assistance 

Services. The final rule published in the 

Federal Register at 61 FR 57339, 

November 6, 1996, was intended to 

change the title of this EPAAR clause 

from ‘‘Management Consulting 

Services’’ to ‘‘Advisory and Assistance 

Services’’, as well as the prescription 

title. However, execution of the Federal 

Register resulted in the change being 

applied to the title of the prescription 

only, which was in error. 

II. Final Rule 

This final rule makes the following 

changes: 

1. Revises EPAAR 1552.211–72 to 

incorporate an existing class deviation. 

2. Revises EPAAR 1552.211–75 to 

change the word ‘‘its’’ to ‘‘the 

contractor’s’’. 

3. Revises EPAAR 1552.211–77 to 

incorporate an existing class deviation 

and update to allow and add the 

instructions for the electronic 

submission of final reports. 

4. Revises EPAAR 1552.211–78 to 

change the title of the clause from 

‘‘Management Consulting Services’’ to 

‘‘Advisory and Assistance Services’’ to 

be consistent with the title of the 

prescription. 

Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (E.O.) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the E.O. 

12866 and 13563 (76 FR 3821, January 

21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 

C. 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 economic 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 

final 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; or (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 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 significant 

adverse economic impact on small 

entities, because 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. 503 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 action revises current EPAAR 

clauses and will not have a significant 

economic impact on substantial number 

of small entities. We continue to be 

interested in the potential impacts of the 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, and tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

Sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not 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, as specified in 

Executive Order 13132. Thus, Executive 

Order 13132 does not apply to this 

action. In the spirit of Executive Order 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically solicits comment on 

this action from State and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Thus, Executive Order 13175 

does not apply to this action. 


wreier-aviles on DSK5TPTVN1PROD with RULES
29986 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health and Safety Risks’’ 

(62 FR 19885, April 23, 1997), applies 

to any rule that: (1) Is determined to be 

economically significant as defined 

under E.O. 12886, and (2) concerns an 

environmental health or safety risk that 

may have a proportionate effect on 

children. This rule is not subject to E.O. 

13045 because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28335 (May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 (NTTAA) 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 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. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This action does 

not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this final rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment in the 

general public. 

K. Congressional Review Act 

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. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of Agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding this action under section 801 

because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 48 CFR Part 1552 

Environmental protection, 

Government procurement, Reporting 

and recordkeeping requirements. 

Dated: May 14, 2015. 

John R. Bashista, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, Chapter 15 of Title 48 Code 

of Federal Regulations, part 1552 is 

amended as set forth below: 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for part 1552 

continues to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 2. Amend 1552.211–72 by: 

■ a. Removing from paragraph (c) the 

text ‘‘subcontractor/consultant’’ and 

adding in its place ‘‘subcontractor’’; 

■ b. Revising paragraphs (d)(3)(ii) and 

(iii), and (d)(6); and 

■ c. Revising paragraphs (e)(3)(ii) and 

(iii), and (e)(5). 

The revisions read as follows: 

1552.211–72 Monthly progress report. 

* * * * * 

(d) * * * 

(3) * * * 

(ii) For the current reporting period 

display the expended direct labor hours 

(by EPA contract labor category), and 

the total loaded direct labor costs. 

(iii) For the cumulative contract 

period display: The negotiated and 

expended direct labor hours (by EPA 

labor category) and the total loaded 

direct labor costs. 

* * * * * 

(6) Average total cost per labor hour. 

For the current contract period, compare 

the actual cost per hour to date with the 

average total cost per hour of the 

approved work plans. 

(e) * * * 

(3) * * * 

(ii) For the current reporting period 

display the expended direct labor hours 

(by EPA contract labor category), and 

the total loaded direct labor hours. 

(iii) For the cumulative reporting 

period and the cumulative contract 

period display: The negotiated and 

expended direct labor hours (by EPA 

labor hour category) and the loaded 

direct labor rate. 

* * * * * 

(5) Average total cost labor hour. For 

the current contract period, compare the 

actual total cost per hour to date with 

the average total cost per hour of the 

approved workplans. 

* * * * * 

1552.211–75 [Amended] 

■ 3. Amend 1552.211–75 by removing 

the text ‘‘its’’ and adding ‘‘the 

contractor’s’’ in its place. 

■ 4. Amend 1552.211–77 by revising the 

first sentence in paragraph (a), and 

adding paragraph (c) to read as follows: 

1552.211–77 Final reports. 

* * * * * 

(a) ‘‘Draft Report’’ The Contractor shall 

submit a copy of the draft final report on or 

before (date) to the Contracting Officer’s 

Representative and Contracting Officer in 

electronic format, unless specified otherwise 

by the Government. * * * 

* * * * * 

(c) The electronic format of the draft and 

final report shall be in accordance with the 

current EPA policy and procedures. 

(End of clause) 

1552.211–78 [Amended] 

■ 5. Amend 1552.211–78 by: 

■ a. Revising the section heading; 

■ b. In the introductory text, by 

removing ‘‘management consulting 

services’’ and adding ‘‘advisory and 

assistance services’’ in its place; and 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29987 

■ c. Revising the clause heading. 

The revisions read as follows: 

1552.211–78 Advisory and assistance 

services. 

* * * * * 

Advisory and Assistance Services (Jul 

2015) 

* * * * * 

[FR Doc. 2015–12660 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 


wreier-aviles on DSK5TPTVN1PROD with RULES