Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Proposed Rules 25899

small entities may include small

organizations, small businesses, and

small governmental jurisdictions. 5

U.S.C. 601(6). The RFA, 5 U.S.C. 601(3),

generally defines the term ‘‘small

business’’ as having the same meaning

as the term ‘‘small business concern’’

under the Small Business Act, 15 U.S.C.

632. A small business concern is one

which: (1) is independently owned and

operated; (2) is not dominant in its field

of operation; and (3) satisfies any

additional criteria established by the

Small Business Administration

(‘‘SBA’’). Pursuant to 5 U.S.C. 601(3),

the statutory definition of a small

business applies ‘‘unless an agency after

consultation with the Office of

Advocacy of the SBA and after

opportunity for public comment,

establishes one or more definitions of

such term which are appropriate to the

activities of the agency and publishes

such definition(s) in the Federal

Register. There are approximately 1,240

existing commercial television

broadcasters of all sizes that may be

affected by the proposals contained in

this NRPM.

28. Any Significant Alternatives

Minimizing the Impact on Small

Entities and Consistent with the Stated

Objectives: This NPRM solicits

comment on a number of proposals,

including continuation of the existing

requirement to file Children’s

Television Programming Reports with

the Commission. We seek comment in

the NPRM on this proposal as well as on

other issues, and on whether there is a

significant economic impact on any

class of small licensees as a result of any

of our proposals. Any significant

alternatives presented in the comments

will be considered.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–11098 Filed 5–3–00; 8:45 am]

BILLING CODE 6712–01–P

ENVIRONMENTAL PROTECTION

AGENCY

48 CFR Parts 1503 and 1552

[FRL–6588–2]

Acquisition Regulation

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

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-forprofit 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.

25900 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Proposed Rules

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]

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