75948 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations 

Stat 892; 33 U.S.C. 3), the Corps is 

amending the regulation at 33 CFR 

334.1275 by revising the restricted area 

regulation for Area 5 in the waters of the 

West Arm Behm Canal, Naval Surface 

Warfare Center, Ketchikan, Alaska. This 

amendment revises the existing 

restricted area regulation to accurately 

describe the installed light 

configuration, update contact 

information, and increase vessel 

transiting opportunities. 

The proposed rule was published in 

the Federal Register on June 22, 2015 

(80 FR 35620), and the regulations.gov 

docket number is COE–2015–0009. In 

response to the proposed rule, one 

comment was received. The commenter 

recommended that an Environmental 

Impact Statement (EIS) be conducted. 

The Corps has determined that an EIS 

for this type of action is not necessary 

as it is an administrative action and 

would not result in environmental 

impacts. Therefore, no changes to the 

final rule are required. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The rule is issued with respect 

to a military function of the Department 

of Defense and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. This rule has been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354). The 

Regulatory Flexibility Act 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 (i.e., small 

businesses and small governments). The 

restricted area is necessary to protect 

users of this waterway during naval 

operations. The restricted area will only 

be closed for brief amounts of time 

(usually no more than 20 minutes) when 

it is activated. The Corps has 

determined that the changes to this rule 

would have no significant economic 

impact on the public. After considering 

the economic impacts of this restricted 

area regulation on small entities, I 

certify that this action will not have a 

significant impact on a substantial 

number of small entities. 

c. Review Under the National 

Environmental Policy Act. Due to the 

administrative nature of this action and 

because there is no intended change in 

the use of the area, the Corps has 

determined that these amendments to 

regulation will not have a significant 

impact on the quality of the human 

environment and, therefore, preparation 

of an environmental impact statement is 

not required. An environmental 

assessment has been prepared and it 

may be reviewed at the Alaska district 

office. 

d. Unfunded Mandates Act. 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. 

Therefore, this rule is not subject to the 

requirements of Sections 202 and 205 of 

the Unfunded Mandates Reform Act 

(UMRA). The rule contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. Therefore, the rule is not 

subject to the requirements of Section 

203 of UMRA. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons set out in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for part 334 

continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. In § 334.1275, revise paragraphs 

(b)(5), (c), and (d) to read as follows: 

§ 334.1275 West Arm Behm Canal, 

Ketchikan, Alaska, restricted areas. 

* * * * * 

(b) * * * 

(5) Area No. 5. (i) The area will be 

open unless the Navy is actually 

conducting operations. To ensure safe 

and timely passage through the 

restricted area vessel operators are 

required to notify the Facility Control 

Officer of their expected time of arrival, 

speed and intentions. For vessels not 

equipped with radio equipment, the 

Navy shall signal with flashing beacon 

lights whether passage is prohibited and 

when it is safe to pass through the area. 

A flashing amber beacon means that the 

area is closed to all vessels and to await 

a clear signal. The flashing amber 

beacon not lighted is the clear signal 

and indicates that vessels may proceed 

through the area. Each closure of the 

area by the Navy will normally not 

exceed 20 minutes. 

(ii) When Area No. 5 restrictions are 

in place, vessels may operate within 

1000 yards of the shoreline at speeds no 

greater than 5 knots in accordance with 

the restriction in effect in Area No. 3. 

(c) Vessels will be allowed to transit 

Area No. 5 within 20 minutes of marine 

radio or telephone notification to the 

Navy Facility Control Officer. 

(d) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, Naval Surface Warfare 

Center, Carderock Division, and such 

agencies he/she may designate. 

Dated: November 15, 2015. 

Edward E. Belk, Jr., 

Chief, Operations and Regulatory Division, 

Directorate of Civil Works. 

[FR Doc. 2015–30776 Filed 12–4–15; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1501 and 1502 

[EPA–HQ–OARM–2015–0244; FRL–9925– 

90–OARM] 

Environmental Protection Agency 

Acquisition Regulation (EPAAR); 

Ratification of Unauthorized 

Commitments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

address minor non-substantive changes 

in one subpart and one definition. The 

direct final rule updates ‘‘Ratification of 

Unauthorized Commitments’’ and 

revises the definition of Chief of the 

Contracting Office (CCO). EPA does not 

anticipate any adverse comments. 

DATES: This rule is effective on February 

5, 2016 without further notice, unless 

adverse comment is received January 6, 

2016. 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–2015–0244 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–2015–0244, 

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 


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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations 75949 

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–2015– 

0244. 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: 

Rodney Neely, 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– 

2330; email address: neely.rodney@

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: 

• 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 subpart 

1501.602–3 Ratification of Unauthorized 

Commitments to the approval 

authorities and levels to be consistent 

with the Federal Acquisition 

Regulations (FAR). The Senior 

Procurement Executive (SPE) is 

responsible for ratification approvals for 

$25,000 and above. The CCO is the 

approval authority for ratifications 

below $25,000. The procedures of this 

subpart are clarified, along with minor 

editorial changes. 1502.100 Definitions 

is revised to update the definition of 

CCO. 

II. Final Rule 

This final rule makes the following 

changes: 

1. Revise EPAAR subpart 1501.602–3 

to update approval authorities and 

levels, remove procedures, and execute 

minor editorial changes. 

2. Revise EPAAR 1502.100 to modify 

the definition of Chief of the Contracting 

Office. 

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 


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75950 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations 

today’s 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 

proposed 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 proposed 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. 

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 is not an economically 

significant rule as defined by E.O. 

12866, and because it does not have a 

proportionate effect on children. 

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 

(Feb. 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 today’s 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 Parts 1501 

and 1502 

Environmental protection, 

Government procurement. 

Dated: November 12, 2015. 

John R. Bashista, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, Chapter 15 of Title 48 Code 


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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations 75951 

of Federal Regulations, parts 1501 and 

1502 are amended as set forth below: 

■ 1. The authority citation for parts 

1501 and 1502 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. 

PART 1501—GENERAL 

■ 2. Amend 1501.602–3 by revising 

paragraph (b) to read as follows: 

1501.602–3 Ratification of unauthorized 

commitments. 

* * * * * 

(b)(1) Ratification Approval. The 

Senior Procurement Executive (SPE) as 

defined in 1502.100 is the ratifying 

official for all ratification actions 

$25,000 and above. 

(2) The Chief of the Contracting Office 

(CCO) as defined in 1502.100 is 

delegated authority to be the ratifying 

official for all ratification actions below 

$25,000. 

(3) The CCOs defined in 1502.100 for 

purposes of ratification authority only 

must meet the following criteria: 

(i) Must possess a contracting officer’s 

warrant and be in the 1102 job series; 

(ii) Are prohibited from re-delegating 

their ratification authority; 

(iii) Are prohibited from approving a 

ratification if he/she acted as a 

contracting officer in preparing the 

determination and findings required 

under paragraph (c)(3) of this section; 

and 

(iv) Must abide by the other 

limitations on ratification of 

unauthorized commitments set forth in 

FAR 1.602–3(c) and the EPAAR. 

* * * * * 

PART 1502—DEFINITION OF WORDS 

AND TERMS 

■ 3. Amend 1502.100 by revising the 

definition of ‘‘Chief of the Contracting 

Office (CCO)’’ to read as follows: 

1502.100 Definitions. 

Chief of the Contracting Office (CCO) 

means the Office of Acquisition 

Management Division Directors at 

Headquarters, Research Triangle Park 

and Cincinnati. For purposes of 

ratification authority only, CCO also 

includes Regional Acquisition 

Managers. (See 1501.602–3(b)(3) for the 

criteria for this ratification authority). 

* * * * * 

[FR Doc. 2015–30798 Filed 12–4–15; 8:45 am] 

BILLING CODE 6560–50–P 


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