47108 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

§ 32.2000, remove and reserve 

paragraph (i). 

[FR Doc. E9–22252 Filed 9–14–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

48 CFR Part 352 

Acquisition Regulations 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapters 3 to 5, revised as 

of October 1, 2008, on page 81, in 

352.270–1, in the clause, reinstate 

paragraph (c)(4) to read as follows: 

352.270–1 Accessibility of meetings, 

conferences, and seminars to persons with 

disabilities. 

* * * * * 

(c) * * * 

(4) The Contractor is responsible for 

making a reasonable effort to ascertain the 

number of individuals with sensory 

impairments who plan to attend the meeting, 

conference, or seminar. However, if it can be 

determined that there will be no person with 

sensory impairment in attendance, the 

provision of those services under paragraph 

(c) of this clause for the nonrepresented 

group, or groups, is not required. 

* * * * * 

[FR Doc. E9–22255 Filed 9–14–09; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1545 and 1552 

[EPA EPA–HQ–OARM–2008–0817; FRL– 

8956–4] 

RIN 2030–AA98 

EPAAR Prescription and Clauses— 

Government Property—Contract 

Property Administration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

update policy, procedures, and contract 

clauses. The final rule consolidates the 

EPAAR physical property clauses 

(Decontamination, Fabrication, and 

Government Property), re-designates the 

prescription number in the data clause, 

and updates the roles and 

responsibilities of the contractor, DCMA 

and CPC. 

DATES: This final rule is effective 

September 15, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OARM–2008–0817. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the OEI Docket. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is (202) 566–1752. OEI Docket, 

EPA/DC, EPA West, Public Reading 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20004. 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 is (202) 566– 

1752. 

FOR FURTHER INFORMATION CONTACT: Iris 

Redmon, Acquisition Policy and 

Training Service Center (3802R) 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: (202) 564–2644; fax number: 

(202) 565–2553; e-mail address: 

redmon.iris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities potentially affected by this 

action include firms that are performing 

or will perform under contract for the 

EPA which have or have the potential 

for the use of government property. This 

includes firms in all industry groups. 

II. Background 

The Federal Acquisition Regulation 

(FAR) on Government Property was 

revised June 14, 2007. The FAR Part 45 

revision removed the previous 

restriction on providing government 

property for contract performance, and 

gave contracting officers more flexibility 

in their determination to provide 

property. Accordingly, in order to assist 

EPA contracting officers involved in 

providing Government Property and 

contract property administration, it is 

necessary to amend the EPAAR to 

incorporate guidance on their use. 

The EPAAR revision aligns Agency 

Government Property policy and 

procedures with the FAR Part 45, 

Government Property revision, and 

encourages contractors to use 

commercial standards for managing and 

recording property. 

III. Final Rule 

This rule amended the EPAAR to 

revise the prescription for and wording 

of the government property clause(s). 

The revision: (1) Re-designates the 

EPAAR prescription number 1545.106 

as 1545.107 and changes the 

prescription reference in 1552.245–71 

Government Furnished Data; (2) 

consolidates the information in 

1552.245–73 Government Property (GP) 

and 1552.245–72–Fabrication or 

Acquisition of Nonexpendable Property 

with 1552.245–70 Decontamination; (3) 

changes the name of 1552.245–70 from 

Decontamination to Government 

Property; and (4) removes 1545.106 

prescription, 1552.245–73 Government 

Property, and 1552.245–72 Fabrication 

or Acquisition of Nonexpendable 

Property. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This final rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866; therefore, no 

review is required by the Office of 

Information and Regulatory Affairs 

within the Office of Management and 

Budget (OMB). 

B. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because this rule does not 

contain information requirements that 

require the approval of OMB under the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). 

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. 


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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47109 

For purposes of assessing the impact 

of 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 today’s final 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 final 

rule on small entities’’ 5 U.S.C. 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. 

Since providing government property 

will be available equally to large and 

small entities, this rule will not have a 

significant economic impact on small 

entities. 

D. 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 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, this final rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

E. Executive Order 13132: Federalism 

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 final 

regulation. EPA also may not issue a 

regulation that has federalism 

implications, and preempts State law, 

unless the Agency consults with State 

and local officials early in the process 

of developing the final regulation. 

This final rule 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. This final rule 

would amend the EPAAR to provide 

guidance on providing government 

property and make other administrative 

changes. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this final rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ are defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ 

This final rule does not have tribal 

implications. It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this final rule. 

In the spirit of Executive Order 13175, 

and consistent with EPA policy to 

promote communication between EPA 

and tribal governments, EPA 

specifically solicits additional comment 

on this final rule from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

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 action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant as defined in Executive 

Order 12866, and it does not involve 

decisions on environmental health or 

safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This final rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use’’ (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, 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 


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47110 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

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 final rule will use the voluntary 

standards and or/industry leading 

practices and standards for Government 

property management except where 

inconsistent with law or regulation, as 

stated in FAR 52.245–1(b). 

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 just 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. This rulemaking does not 

involve human health or environmental 

affects. 

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, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

V. Response to Comments 

We received comments from one 

commenter during the official comment 

period which ended July 23, 2009. 

Minor revisions to the final language 

were made in response to the 

comments. The comments are 

summarized below along with EPA’s 

response. 

Comments. The commenter suggests 

revising paragraph (b) 2.b to: (1) Remove 

the delegation language from the clause 

removal, as it may not be appropriate to 

include delegation language in a clause; 

or (2) state that EPA’s delegation is 

contingent upon Defense Contract 

Management Agency’s (DCMA) 

acceptance. In addition, the commenter 

suggests revising paragraph f.4. to 

clarify the requirements of both the 

gaining and losing contractor during the 

property transfer process. 

Response. Partially concur. The 

delegation language was not removed 

instead paragraph (b) 2.b was revised to 

state the Contract Property Coordinator 

may request property management 

support from DCMA. If DCMA agrees to 

provide support DCMA will notify the 

contractor of the assigned property 

administrator and the property 

clearance officer. Lastly, paragraph f.4. 

was revised to clarify that the shipping 

contractor must provide the information 

and elements needed to establish and 

maintain the property records. 

List of Subjects in 48 CFR Parts 1545 

and 1552 

Environmental protection, 

Government procurement. 

Dated: August 28, 2009. 

John C. Gherardini III, 

Acting Director, Office of Acquisition 

Management. 

■ For the reasons set forth in the 

preamble, Chapter 15 of title 48 Code of 

Federal Regulations parts 1545 and 1552 

are amended as follows: 

PART 1545—GOVERNMENT 

PROPERTY 

■ 1. The authority citation for part 1545 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

Subpart 1545.1—General 

■ 2. Redesignate section 1545.106 as 

1545.107, and revise the newly redesignated section to read as follows: 

1545.107 Government property clauses. 

(a) The Contracting Officer shall insert 

the contract clause at 1552.245–70: 

(1) When it is anticipated that a 

Contractor will use Governmentfurnished or Contractor-acquired 

property in the cleanup of hazardous 

material as defined in Federal Standard 

No. 313, or, the toxic chemicals listed 

40 CFR 372.65, in the environment. 

(2) In all cost-type solicitations and 

contracts regardless of whether 

Government Property is initially 

provided, and in all fixed-price 

solicitations and contracts whenever 

Government furnished property is 

provided. 

(b) The Contracting Officer shall 

insert the contract clause at 1552.245– 

71, Government-Furnished Data, in any 

contract in which the Government is to 

furnish data to the Contractor. The data 

to be provided shall be identified in the 

clause. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. 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. 

Subpart 1552.2—Texts of Provisions 

and Clauses 

■ 4. Revise section 1552.245–70 to read 

as follows: 

1552.245–70 Government property. 

As prescribed in 1545.107(a), insert a 

clause substantially the same as follows: 

Government Property 

(a) The contractor shall not fabricate or 

acquire, on behalf of the Government, either 

directly or indirectly through a subcontract, 

any item of property without prior written 

approval from the Contracting Officer. If the 

Contracting Officer authorizes the contractor 

to acquire and/or fabricate equipment for use 

in the performance of this contract, the 

equipment shall be subject to the provisions 

of the ‘‘Government Property’’ clause and 

listed on the contract via contract 

modification. 

(b) If the Government provides item(s) of 

Government property to the contractor for 

use in the performance of this contract, this 

property shall be used and maintained by the 

contractor in accordance with the provisions 

of the ‘‘Government Property’’ clause. 

The ‘‘EPA Contract Property 

Administration Requirements’’ provided 

below apply to this contract. 

U.S. Environmental Protection Agency 

Contract Property Administration 

Requirements 

1. Purpose. This document sets forth the 

requirements for the U.S. Environmental 

Protection Agency (EPA) contractors 

performing Government property 

management responsibilities under EPA 

contracts. These requirements supplement 

those contained in the Government Property 

clause(s) and Part 45 Government Property of 

the Federal Acquisition Regulation (FAR). 

2. Contract Property Administration 

(CPAR) 

a. EPA Delegation. EPA delegates all 

contract property administration to the EPA 

Contract Property Coordinator (CPC). The 

delegations apply to all EPA contracts issued 

with or that have the potential to receive, 

purchase or acquire Government Property or 


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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47111 

include the Government Property clauses. In 

addition to administering all contract 

property, the CPC provides technical 

expertise and assistance to the Contracting 

Officer (CO) and Contracting Officer 

Technical Representative (COTR) relative to 

Government Property. 

b. DCMA Re-delegation. The CPC may 

request support for contract property 

management oversight, including property 

administration and plant clearance, from the 

Defense Contract Management Agency 

(DCMA). If DCMA agrees to provide support, 

DCMA will notify the contractor of the 

assigned property administrator (PA) and 

plant clearance officer (PLCO). The DCMA 

PA is available to the contractor for 

assistance in all matters of property 

administration. Notwithstanding the 

delegation, as necessary, the contractor may 

contact the EPA CO. In the event of a 

disagreement between the contractor and the 

DCMA PA, the contractor should seek 

resolution from the CO. Unless, otherwise 

directed in the contract, or this document, all 

originals of written information or reports, 

except direct correspondence between the 

contractor and the DCMA PA, relative to 

Government property, should be forwarded 

to the administrative CO assigned to this 

contract and the CPC. 

c. Disagreements. Notwithstanding the 

delegation(s), as necessary, the contractor 

may contact the CO. In the event of a 

disagreement between the contractor and the 

PA or the CPC the contractor should seek 

resolution from the CO. 

3. Requests for Government Property. 

In accordance with FAR 45.102, the 

contractor shall furnish all property required 

for performing Government contracts. If a 

contractor believes that Government property 

is required for performance of the contract, 

the contractor shall submit a written request 

to the CO. At a minimum, the request shall 

contain the following elements: 

a. Contract number for which the property 

is required. 

b. An item(s) description, quantity and 

estimated cost. 

c. Certification that no like contractor 

property exists which could be utilized. 

d. A detailed description of the task-related 

purpose of the property. 

e. Explanation of negative impact if 

property is not provided by the Government. 

f. Lease versus purchase analysis shall be 

furnished with the request to acquire 

property on behalf of the Government, with 

the exception of requests for material 

purchases. The contractor may not proceed 

with acquisition of property on behalf of the 

Government until receipt of written 

authorization from the Contracting Officer. 

4. Transfer of Government Property. The 

Contracting Officer initiates the transfer of 

the government property via a contract 

modification. The transferor (EPA or another 

contractor) shall provide to the transferee, the 

receiving contractor, the information needed 

to establish and maintain the property 

records required of FAR 52.245–1, as well as 

all of the applicable data elements required 

by Attachment 1 of this clause. The 

transferee, the receiving contractor, should 

perform a complete inventory of the property 

before signing the acceptance document for 

the property. Accountability will transfer to 

the receiving contractor upon receipt and 

acceptance of the property, in accordance 

with FAR 45.106. 

5. Records of Government Property. 

a. In accordance with FAR 52.245–1, the 

contractor shall create and maintain records 

of all Government property, regardless of 

value, including property provided to and in 

the possession of a subcontractor. Material 

provided by the Government or acquired by 

the contractor and billed as a direct charge 

to the contract is Government property and 

records must be established as such. 

b. The Contractor shall identify all 

Superfund property and designate it as such 

both on the item and on the Government 

property record. If it is not practicable to tag 

the item, the contractor shall write the ID 

number on a tag, card or other entity that 

may be kept with the item or in a file. 

c. Support documentation used for posting 

entries to the property record shall provide 

complete, current and auditable data. Entries 

shall be posted to the record in a timely 

manner following an action. 

d. For Government vehicles, in addition to 

the data elements required by EPA, the 

contractor shall also comply with the General 

Services Administration (GSA) and 

Department of Energy (DOE) record and 

report requirements supplied with all EPA 

provided motor vehicles. If the above 

requirements were not provided with the 

vehicle, the contractor shall notify the 

designated CPC and the Fleet Manager. 

e. When Government property is disclosed 

to be in the management and/or control of 

the contractor but not provided under any 

contract, the contractor shall record and 

report the property in accordance with FAR 

52.245–1. 

6. Inventories of Government Property. The 

contractor shall conduct a complete physical 

inventory of EPA property at least once per 

year. The contractor shall report the results 

of the inventory, including any 

discrepancies, to the CO. Reconciliation of 

discrepancies shall be completed in 

accordance with the schedule negotiated 

with the CO. See section 10 herein, Contract 

Closeout, for information on final 

inventories. 

7. Reports of Government Property. EPA 

requires an annual summary report, for each 

contract, by contract number, of Government 

property in the contractor’s possession. The 

annual summary is due as of September 30th 

of each year, and upon contract termination 

or expiration. 

a. For each classification listed on the EPA 

Property Report form, with the exception of 

material, the contractor shall provide the 

total acquisition cost and total quantity. If 

there are zero items in a classification, or if 

there is an ending balance of zero, the 

classification must be listed with zeros in the 

quantity and acquisition cost columns. 

b. For material, the contractor shall provide 

the total acquisition cost only. 

c. Property classified as Plant Equipment, 

Superfund and Special Test Equipment must 

be reported on two separate lines. The first 

line shall include the total acquisition cost 

and quantity of all items or systems with a 

unit acquisition cost of $25,000 or more. The 

second line shall include the total acquisition 

cost and quantity of all items with a unit 

acquisition cost of less than $25,000. 

d. For items comprising a system, which is 

defined as ‘‘a group of interacting items 

functioning as a complex whole,’’ the 

contractor may maintain the record as a 

system noting all components of the system 

under the main component or maintain 

individual records for each item. However, 

for the annual report of Government property 

the components must be reported as a system 

with one total dollar amount for the system, 

if that system total is $25,000 or more. 

e. The reports are to be received at EPA by 

the CPC by October 5th of each year. 

f. Distribution shall be as follows: 

Original to: CPC 

One copy: CO 

g. Contractors are required to comply with 

GSA and DOE special reporting requirements 

for motor vehicles. A statement of these 

requirements will be provided by the EPA 

Facility Management and Services Division 

(FMSD) concurrent with receipt of each 

vehicle. 

h. The contractor shall provide detailed 

reports on an as-needed basis, as may be 

requested by the CO or the CPC. 

8. Disposition of Government Property. The 

disposition process is composed of three 

distinct phases: identification, reporting, and 

final disposition. 

a. Identification. The disposition process 

begins with the contractor identifying 

Government property that is no longer 

required for contract performance. Effective 

contract property management systems 

provide for identification of excess as it 

occurs. Once Government property has been 

determined to be excess to the accountable 

contract, it must be screened against the 

contractor’s other EPA contracts for further 

use. If the property may be reutilized, the 

contractor shall notify the CO in writing. 

Government property will be transferred via 

contract modifications to other contracts only 

when the COs on both the current contract 

and the receiving contract authorize the 

transfer. 

b. Reporting. 

(i) EPA. Government property shall be 

reported in accordance with FAR 52.245–1. 

The Standard Form, SF 1428, Inventory 

Disposal Schedule, provides the format for 

reporting excess Government property. 

Instructions for completing and when to use 

the form may be found at FAR 52.245–1(j). 

Forward the completed SF 1428 to the CPC. 

The SF 1428 is available at http:// 

www.arnet.gov/far/current/html/ 

FormsStandard54.html. Superfund property 

must contain a Superfund notification and 

the following language must be displayed on 

the form: ‘‘Note to CO: Reimbursement to the 

EPA Superfund is required.’’ 

(ii) DCMA. If the EPA contract has been redelegated to DCMA, the excess items will be 

entered into the Plant Clearance Automated 

Reutilization Screening System (PCARSS). 

Access and information pertaining to this 

system may be addressed to the DCMA Plant 

Clearance Officer (PLCO). 

c. Disposition Instructions. 

(i) Retention. When Government property 

is identified as excess, the CO may direct the 


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47112 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

contractor in writing to retain all or part of 

the excess Government Property under the 

current contract for possible future 

requirements. 

(ii) Return to EPA. When Government 

property is identified as excess, the CO may 

direct the contractor in writing to return 

those items to EPA inventory. The contractor 

shall ship/deliver the property in accordance 

with the instructions provided by the CO. 

(iii) Transfer. When Government property 

is identified as excess, the CO may direct the 

contractor in writing to transfer the property 

to another EPA contractor. The contractor 

shall transfer the property by shipping it in 

accordance with the instructions provided by 

the CO. To effect transfer of accountability, 

the contractor shall provide the recipient of 

the property with the applicable data 

elements set forth in Attachment 1 of this 

clause. 

(iv) Sale. If GSA or the DCMA PLCO 

conducts a sale of the excess Government 

property, the contractor shall allow 

prospective bidders access to property 

offered for sale. 

(v) Abandonment. Abandoned property 

must be disposed of in a manner that does 

not endanger the health and safety of the 

public. If the contract is delegated to DCMA 

and the contractor has input EPA property 

into the PCARSS system, the EPA Property 

Utilization Officer (PUO) shall notify the CO. 

The CO shall notify the contractor in writing 

of those items EPA would like to retain, have 

returned or transferred to another EPA 

contractor. The contractor shall notify the 

DCMA PLCO and request withdrawal of 

those items from the inventory schedule. The 

contractor shall update the Government 

property record to indicate the disposition of 

the item and to close the record. The 

contractor shall also obtain either a signed 

receipt or proof of shipment from the 

recipient. The contractor shall notify the CO 

when all actions pertaining to disposition 

have been completed. The contractor shall 

complete an EPA Property report with 

changes, to include supporting 

documentation of completed disposition 

actions and submit it to the CPC. 

9. Decontamination. In addition to the 

requirements of the ‘‘Government Property’’ 

clause and prior to performing disposition of 

any EPA Government Property, the 

contractor shall certify in writing that the 

property is free from contamination by any 

hazardous or toxic substances. 

10. Contract Closeout. The contractor shall 

complete a physical inventory of all 

Government property at contract completion 

and the results, including any discrepancies, 

shall be reported to the CO. If the contract 

is delegated to DCMA, the physical inventory 

report will be submitted to the EPA CO and 

a copy submitted to the DCMA PA. In the 

case of a terminated contract, the contractor 

shall comply with the inventory 

requirements set forth in the applicable 

termination clause. The results of the 

inventory, as well as a detailed inventory 

listing, must be forwarded to the CO and if 

delegated, a copy to the DCMA PA. In order 

to expedite the disposal process, contractors 

may be required to, or may elect to submit 

to the CPC, an inventory schedule for 

disposal purposes up to six (6) months prior 

to contract completion. If such an inventory 

schedule is prepared, the contractor must 

indicate the earliest date that each item may 

be disposed. The contractor shall update all 

property records to show disposal action. 

The contractor shall notify the CO, and, if 

delegated, the DCMA PA, in writing, when 

all work has been completed under the 

contract and all Government property 

accountable to the contract has been 

disposed. The contractor shall complete a 

FINAL EPA Property report with all 

supporting documentation to the CPC. 

Attachment 1 

Required Data Element—In addition to the 

requirements of FAR 52.245–1(f)(vi), Reports 

of Government Property, the contractor is 

required to maintain, and report the 

following data elements for EPA Government 

property (all elements are not applicable to 

material): Name and address of the 

administrative Contracting Officer; Name of 

the contractor representative; Business type; 

Name and address of the contract property 

coordinator; Superfund (Yes/No); No. of 

Subcontractor/Alternate Locations. 

Note: For items comprising a system which 

is defined as, ‘‘a group of interacting items 

functioning as a complex whole,’’ the 

contractor may maintain the record as a 

system noting all components of the system 

under the main component or maintain 

individual records for each item. However, 

for the Annual Report of Government 

Property, the components must be reported 

as a system with one total dollar amount for 

the system, if that system total is $25,000 or 

more. 

(End of clause) 

■ 5. Revise section 1552.245–71 to read 

as follows: 

1552.245–71 Government-furnished data. 

As prescribed in 1545.107(b), insert 

the following contract clause in any 

contract that the Government is to 

furnish the Contractor data. Identify in 

the clause the data to be provided. 

Government-Furnished Data 

(a) The Government shall deliver to the 

Contractor the Government-furnished data 

described in the contract. If the data, suitable 

for its intended use, is not delivered to the 

Contractor, the Contracting Officer shall 

equitably adjust affected provisions of this 

contract in accordance with the ‘‘Changes’’ 

clause when: 

(1) The Contractor submits a timely written 

request for an equitable adjustment; and 

(2) The facts warrant an equitable 

adjustment. 

(b) Title to Government-furnished data 

shall remain in the Government. 

(c) The Contractor shall use the 

Government-furnished data only in 

connection with this contract. 

(d) The following data will be furnished to 

the Contractor on or about the time indicated: 

(End of clause) 

1552.245–72 and 1552.245–73 [Removed] 

■ 6. Remove sections 1552.245–72 and 

1552.245–73. 

[FR Doc. E9–22038 Filed 9–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 393 

Parts and Accessories Necessary for 

Safe Operation; Lamps and Reflective 

Devices 

CFR Correction 

In Title 49 of the Code of Federal 

Regulations, Parts 300 to 399, revised as 

of October 1, 2008, in § 393.11, on page 

375, remove paragraph (d) and on page 

377, revise the heading of Table 1 to 

read ‘‘Table 1 of § 393.11—Required 

Lamps and Reflectors on Commercial 

Motor Vehicles’’. 

[FR Doc. E9–22259 Filed 9–14–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R6-ES-2009-0035] 

[MO9221050083-B2] 

RIN 1018-AW24 

Endangered and Threatened Wildlife 

and Plants; Taxonomic Change of 

Sclerocactus Glaucus to Three 

Separate Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

revised taxonomy of Sclerocactus 

glaucus (Uinta Basin hookless cactus) 

under the Endangered Species Act of 

1973, as amended (Act). We determine 

that S. glaucus (previously considered a 

complex), which is currently listed as a 

threatened species, is actually three 

distinct species: S. brevispinus, S. 

glaucus, and S. wetlandicus. We are 

revising the List of Endangered and 

Threatened Plants to reflect the 

scientifically accepted taxonomy and 

nomenclature of these species. In 

addition, we revise the common names 

for these species as follows: S. 

brevispinus (Pariette cactus), S. glaucus 


srobinson on DSKHWCL6B1PROD with RULES