42070 Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by October 6, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen oxides ,Ozone, Reporting and

recordkeeping requirements.

Dated: July 9, 1997.

Michael V. Payton,

Acting Regional Administrator .

Chapter I, title 40, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart RR—Tennessee

2. Section 52.2220, is amended by

adding paragraph (c)(151) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(151) A Revision to Knox County

Ozone Maintenance plan and emission

projections submitted by the Tennessee

Department of Environment and

Conservation on January 18, 1995.

(i) Incorporation by reference.

(A) Knox County Ozone Maintenance

plan and emission projections adopted

on November 21, 1994.

(ii) Other material. None.

* * * * *

[FR Doc. 97–20578 Filed 8–4–97; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–17

RIN 3090–AF94

Assignment and Utilization of Space

AGENCY: Public Buildings Service,

General Services Administration.

ACTION: Interim Rule with Request for

Comments.

SUMMARY: This interim rule, initially

published in the Federal Register March

7, 1996, began the process of replacing

Part 101–17 of the Federal Property

Management Regulations (FPMR). The

rule repealed the outdated and

superseded permanent FPMR Part 101–

17 and provided new guidance

concerning the location of Federal

facilities in urban areas. The rule

expired March 7, 1997. This supplement

extends the interim rule indefinitely.

DATES: Effective date: March 8, 1997.

Comment date: September 4, 1997.

ADDRESSES: Comments should be

submitted to the General Services

Administration, Public Buildings

Service, Office of Property Acquisition

and Realty Services (PE), Washington,

DC 20405.

FOR FURTHER INFORMATION CONTACT:

Alan Waldron, Acting Assistant

Commissioner, Office of Property

Acquisition and Realty Services, at (202)

501–1025.

SUPPLEMENTARY INFORMATION: The

purpose of this interim rule is to

provide new, permanent FPMR

guidance regarding the location of

Federal facilities in urban areas.

On August 16, 1978, President Carter

issued Executive Order 12072, which

directs Federal agencies to give first

consideration to centralized community

business areas when filling federal

space needs in urban areas. The

objective of the Executive order is that

Federal facilities and Federal use of

space in urban areas serve to strengthen

the nation’s cities and make them

attractive places to live and to work.

This regulation serves to reaffirm this

Administration’s commitment to

Executive Order 12072 and its goals.

The General Services Administration

(GSA) has determined that this rule is

not a significant regulatory action for

the purposes of Executive Order 12866.

This rule is not expected to have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.) An

initial regulatory flexibility analysis has

therefore not been performed.

The Paperwork Reduction Act does

not apply to this action because the

proposed changes to the Federal

Property Management Regulations do

not impose reporting, recordkeeping or

information collection requirements

which require the approval of the Office

of Management and Budget pursuant to

44 U.S.C. 3501, et seq.

List of Subjects in 41 CFR Part 101–17

Administrative practices and

procedures, Federal buildings and

facilities, Government real property

management.

Authority: Sec. 205(c), 63 Stat. 390, 40

U.S.C. 486(c).

In 41 CFR Chapter 101, the following

Interim Rule D–1 is added to the

appendix at the end of Subchapter D to

read as follows:

Federal Property Management Regulations;

Interim Rule D–1

Supplement 1

To: Heads of Federal Agencies

Subject: Assignment and Utilization of Space

1. Purpose. This interim rule, initially

published in the Federal Register March 7,

1996, began the process of replacing Part

101–17 of the Federal Property Management

Regulations (FPMR). The rule repealed the

outdated and superseded permanent FPMR

Part 101–17 and provided new guidance

concerning the location of Federal facilities

in urban areas. The rule expired on March 7,

1997. This supplement extends the interim

rule indefinitely.

2. Effective date. March 8, 1997. Comments

should be submitted on or before 30 calendar

days following publication in the Federal

Register.

3. Comments. Comments should be

submitted to the General Services

Administration, Public Buildings Service,

Office of Property Acquisition and Realty

Services (PE), Washington, DC 20405.

4. Effect on other directives. This interim

rule amends 41 CFR Part 101–17 by deleting

all subparts and sections in their entirety and

by adding a new §101–17.205 entitled

‘‘Location of Space.’’
Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations 42071

Dated: April 21, 1992.

David J. Barram,

Acting Administrator of General Services.

Attachment A

‘‘Subchapter D—Public Buildings and Space

PART 101–17—ASSIGNMENT AND

UTILIZATION OF SPACE

§101–17.205 Location of Space

(a) Each Federal agency is responsible for

identifying its geographic service area and

the delineated area within which it wishes to

locate specific activities, consistent with its

mission and program requirements, and in

accordance with all applicable statutes,

regulations and policies. Specifically, under

the Rural Development Act of 1972, as

amended, 42 U.S.C. §3122, agencies are

required to give first priority to the location

of new offices and other facilities in rural

areas. When agency mission and program

requirements call for location in an urban

area, agencies must comply with Executive

Order 12072, August 16, 1978, 3 CFR 213

(1979), which requires that first

consideration be given to central business

areas (CBAs) and other designated areas. The

agency shall submit to GSA a written

statement explaining the basis for the

delineated area.

(b) GSA shall survey agencies’ mission,

housing, and location requirements in a

community and include these considerations

in community-based policies and plans.

These plans shall provide for the location of

federally-owned and leased facilities, and

other interests in real property including

purchases, at locations which represent the

best overall value to the Government

consistent with agency requirements.

(c) Whenever practicable and costeffective, GSA will consolidate elements of

the same agency or multiple agencies in

order to achieve the economic and

programmatic benefits of consolidation.

(d) (1) GSA will consult with local officials

and other appropriate Government officials

and consider their recommendations for, and

review of, general areas of possible space or

site acquisition. GSA will advise local

officials of the availability of data on GSA

plans and programs, and will agree upon the

exchange of planning information with local

officials. GSA will consult with local officials

to identify CBAs.

(2) With respect to an agency’s request for

space in an urban area, GSA shall provide

appropriate Federal, State, regional, and local

officials such notice as will keep them

reasonably informed about GSA’s proposed

space action. For all proposed space actions

with delineated areas either partially or

wholly outside the CBA, GSA shall consult

with such officials by providing them with

written notice, by affording them a proper

opportunity to respond, and by considering

all recommendations for and objections to

the proposed space action. All contacts with

such officials relating to proposed space

actions must be appropriately documented in

the official procurement file.

(e) GSA is responsible for reviewing an

agency’s delineated area to confirm that,

where appropriate, there is maximum use of

existing Government-controlled space and

that established boundaries provide

competition when acquiring leased space.

(f) In satisfying agency requirements in an

urban area, GSA will review an agency

requested delineated area to ensure that the

area is within the CBA. If the delineated area

requested is outside the CBA, in whole or

part, an agency must provide written

justification to GSA setting forth facts and

considerations sufficient to demonstrate that

first consideration has been given to the CBA

and to support the determination that the

agency program function(s) involved cannot

be efficiently performed within the CBA.

(g) Agency justifications for locating

outside CBAs must address, at a minimum,

the efficient performance of the missions and

programs of the agencies, the nature and

function of the facilities involved, the

convenience of the public served, and the

maintenance and improvement of safe and

healthful working conditions for employees.

(h) GSA is responsible for approving the

final delineated area. As the procuring

agency, GSA must conduct all acquisitions in

accordance with the requirements of all

applicable laws, regulations, and Executive

orders. GSA will review the identified

delineated area to confirm its compliance

with all applicable laws, regulations, and

Executive orders, including the Rural

Development Act of 1972, as amended, the

Competition in Contracting Act, as amended,

41 U.S.C. §§252–266, and Executive Order

12072.

(i) Executive Order 12072 provides that

‘‘space assignments shall take into account

the management needs for consolidation of

agencies or activities in common or adjacent

space in order to improve administration and

management and effect economies.’’

Justifications that rely on consolidation or

adjacency requirements will be carefully

reviewed for legitimacy.

(j) Executive Order 12072 directs the

Administrator of General Services to

‘‘[e]nsure, in cooperation with the heads of

Executive agencies, that their essential space

requirements are met in a manner that is

economically feasible and prudent.’’

Justifications that rely on budget or other

fiscal restraints for locating outside the CBA

will be carefully reviewed for legitimacy.

(k) Justifications based on executive or

personnel preferences or other matters which

do not have a material and significant

adverse impact on the efficient performance

of agency program functions are not

acceptable.

(l) In accordance with the Competition in

Contracting Act, GSA may consider whether

restricting the delineated area to the CBA

will provide for competition when acquiring

leased space. Where it is determined that an

acquisition should not be restricted to the

CBA, GSA may expand the delineated area in

consultation with the requesting agency and

local officials. The CBA must continue to be

included in such an expanded area.

(m) If, based on its review of an agency’s

requested delineated area, GSA concludes

that changes are appropriate, GSA will

discuss its recommended changes with the

requesting agency. If after discussions the

requesting agency does not agree with GSA’s

delineated area recommendation, the agency

may take the steps described below. If an

agency elects to request a review of the GSA’s

delineated area recommendation, GSA will

continue to work on the requirements

development and other activities related to

the requesting agency’s space request. GSA

will not issue a solicitation to satisfy an

agency’s space request until all requested

reviews have been resolved.

(1) For space actions of less than 25,000

square feet, an agency may request a review

of GSA’s delineated area recommendation by

submitting a written request to the

responsible Assistant Regional Administrator

for the Public Buildings Service. The request

for review must state all facts and other

considerations and must justify the

requesting agency’s proposed delineated area

in light of Executive Order 12072 and other

applicable statutes, regulations, and policies.

The Assistant Regional Administrator will

issue a decision within fifteen (15) working

days. The decision of the Assistant Regional

Administrator will be final and conclusive.

(2) For space actions of 25,000 square feet

or greater, a requesting agency may request

a review of GSA’s delineated area

recommendation by submitting a written

request to the Commissioner of the Public

Buildings Service that the matter be referred

to an interagency council for decision. The

interagency council will be established

specifically to consider the appeal and will

be comprised of the Administrator of General

Services or his/her designee, the Secretary of

Housing and Urban Development, or his/her

designee, and such other Federal official(s) as

the Administrator may appoint.

(n) The presence of the Federal

Government in the National Capital Region

(NCR) is such that the distribution of Federal

installations will continue to be a major

influence in the extent and character of

development. These policies shall be applied

in the GSA National Capital Region, in

conjunction with regional policies

established by the National Capital Planning

Commission and consistent with the general

purposes of the National Capital Planning

Act of 1959 (66 Stat. 781), as amended. These

policies shall guide the development of

strategic plans for the housing of Federal

agencies within the National Capital Region.

(o) Consistent with the policies cited in

paragraphs (a), (b), (c) and (e) above, the use

of buildings of historic architectural, or

cultural significance within the meaning of

section 105 of the Public Buildings

Cooperative Use Act of 1976 (90 Stat. 2505)

will be considered as alternative sources for

meeting Federal space needs.

(p) As used in §101–17.205, the following

terms have the following meanings:

(1) ‘‘CBA’’ means the centralized

community business area and adjacent areas

of similar character, including other specific

areas which may be recommended by local

officials in accordance with Executive order

12072.

(2) ‘‘Delineated area’’ means the specific

boundaries within which space will be

obtained to satisfy an agency space

requirement.

(3) ‘‘Rural area’’ means any area that (i) is

within a city or town if the city or town has
42072 Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Rules and Regulations

a population of less than 10,000 or (ii) is not

within the outer boundaries of a city or town

if the city or town has a population of 50,000

or more and if the adjacent urbanized and

urbanizing areas have a population density of

more than 100 per square mile.

(4) ‘‘Urban area’’ means any Metropolitan

Area (MA) as defined by the Office of

Management and Budget (OMB) and any

non-MA that meets one of the following

criteria:

(i) A geographical area within the

jurisdiction of any incorporated city, town,

borough, village, or other unit of general local

government, except county or parish, having

a population of 10,000 or more inhabitants.

(ii) That portion of the geographical area

within the jurisdiction of any county, town,

township, or similar governmental entity

which contains no incorporated unit of

general local government, but has a

population density equal to or exceeding

1,500 inhabitants per square mile; or

(iii) That portion of any geographical area

having a population density equal to or

exceeding 1,500 inhabitants per square mile

and situated adjacent to the boundary of any

incorporated unit of general local

government which has a population of

10,000 or more inhabitants. (Reference:

Intergovernmental Cooperation Act of 1968,

40 U.S.C. 535.)

[FR Doc. 97–20544 Filed 8–4–97; 8:45 am]

BILLING CODE 6820–24–P

DEPARTMENT OF ENERGY

48 CFR Parts 904, 909, 923, 926, 952

and 970

RIN 1991–AB31

Acquisition Regulation: Elimination of

Non-Statutory Certification

Requirements

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy

(DOE) is amending the Department of

Energy Acquisition Regulation (DEAR)

to eliminate all non-statutorily imposed

contractor and offeror certification

requirements.

DATES: This final rule is effective

September 4, 1997.

FOR FURTHER INFORMATION CONTACT: John

R. Bashista (202) 586–8192 (telephone);

(202) 586–0545 (facsimile);

john.bashista@hq.doe.gov (electronic

mail).

SUPPLEMENTARY INFORMATION:

I. Background

II. Explanation of Revisions

III. Procedural Requirements

A. Review Under Executive Order 12612.

B. Review Under Executive Order 12866.

C. Review Under Executive Order 12988.

D. Review Under the Regulatory Flexibility

Act.

E. Review Under the National

Environmental Policy Act.

F. Review Under the Paperwork Reduction

Act.

G. Review Under the Small Business

Regulatory Enforcement Fairness Act.

H. Review Under the Unfunded Mandates

Reform Act.

I. Background

Section 4301(b)(1)(B) of the ClingerCohen Act of 1996, Pub. L. 104–106,

requires agencies that have procurement

regulations containing one or more

certification requirements for

contractors and offerors that are not

specifically imposed by statute to issue

for public comment a proposal to amend

their regulations to remove the

certification requirements. Such

certification requirements may be

omitted from the agency proposal if (i)

the senior procurement executive for the

executive agency provides the head of

the executive agency with a written

justification for the requirement and a

determination that there is no less

burdensome means for administering

and enforcing the particular regulation

that contains the certification

requirement; and (ii) the head of the

executive agency approves in writing

the retention of such certification

requirement.

A notice of proposed rulemaking was

published in the Federal Register on

August 29, 1996 (61 FR 45391) which

constituted DOE’s proposal for the

elimination of all non-statutorily

imposed contractor and offeror

certification requirements from the

DEAR pursuant to section 4301(b)(1)(B)

of the Clinger-Cohen Act of 1996. No

comments were received. Accordingly,

the Department adopts the proposed

rule as final.

The proposed rule made reference to

a separate rulemaking which would

eliminate the certification contained in

section 952.209–70, Organizational

conflicts of interest, disclosure or

representation. A separate final rule will

be published in the Federal Register to

amend section 952.209–70 to eliminate

the certification previously contained

therein.

II. Explanation of Revisions

1. Section 952.204–2, Security

Requirements, is amended to remove

the non-statutory certification

requirement pertaining to retention by a

contractor of classified matter after

contract completion or termination. A

contractor seeking to retain classified

material is still required to identify such

material, and the reasons for its

retention, to the contracting officer.

However, there is no need to certify the

information.

2. Section 952.204–73, Foreign

ownership, control, or influence (FOCI)

over contractor, is amended to remove

the requirement for offerors to certify

that FOCI data submitted to the

Department is accurate, complete and

current and that the disclosure is made

in good faith; and to remove the

requirement for offerors to certify that

FOCI information previously submitted

to DOE for a facility security clearance

is accurate, complete and current. The

disclosure requirement at DEAR

904.7003, however, will remain. In

addition, technical and conforming

amendments to the DEAR are made to

904.7003, 904.7005 and 904.7103.

3. Section 952.226–73, Energy Policy

Act target group certification, is

amended to remove the language

requiring offerors to certify as to their

status as one of the designated target

groups under section 3021 of the Energy

Policy Act of 1992. This provision is

amended to require a representation

from offerors regarding their status

instead of a certification. In addition,

technical and conforming amendments

to the DEAR are made to subsection

926.7007 pursuant to the amendment of

subsection 952.226–73.

4. Section 952.227–13, Patent

Rights—Acquisition by the Government,

paragraph (e)(3), is amended to remove

the certification requirements for

contractors in the interim and final

reports pertaining to the disclosure of

all inventions developed under the

subject contract. Contractors are still

required to submit interim and final

reports and to disclose all inventions

developed under the subject contract,

however, there is no need to certify the

information.

5. Section 952.227–80, Technical data

certification, which includes a

requirement for offerors to certify that

they have not delivered or are not

obligated to deliver to the Government

under any other contract or subcontract

the same or substantially the same

technical data as included in their offer

to the Department, is removed.

6. Section 952.227–81, Royalty

Payments Certification, which includes

a certification requirement for offerors

to disclose whether their contract price

includes an amount representing the

payment of royalty by the offeror to

others in connection with contract

performance and, if so, to identify

pertinent information about the royalty,

is removed.

7. Section 970.5204–57, Certification

regarding workplace substance abuse

programs at DOE facilities, is amended

to remove the requirement for offerors to

certify that they will provide to the

contracting officer within 30 days after