8174 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 

(j) The contractor agrees to incorporate the 

substance of this clause in all subcontracts 

under this contract. 

Aman S. Djahanbani, 

Senior Procurement Executive, US Agency 

For International Development. 

[FR Doc. 2012–3239 Filed 2–13–12; 8:45 am] 

BILLING CODE 6116–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1511 

[EPA–HQ–OARM–2010–0273; FRL–9630–4] 

EPAAR Prescription for Work 

Assignments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA will amend the EPA 

Acquisition Regulation (EPAAR) 

prescription for the work assignment 

clause. This final rule provides revised 

language to the prescription for the 

work assignment clause, incorporating 

prescriptive language that provides 

further instructions on the use of the 

related clause. 

DATES: This final rule is effective 

February 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OARM–2010–0273. All 

documents in the docket are listed on 

the 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 

www.regulations.gov or in hard copy at 

the Office of Environmental (OEI) 

Information 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 OEI Docket is (202) 566– 

1752. 

FOR FURTHER INFORMATION CONTACT: 

Donna S. Blanding, Policy, Training, 

and Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

1130; fax number: 202–565–2475; email 

address: blanding.donna@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. This includes firms in all industry 

groups. 

II. Background 

Recent contract file review activities 

revealed better guidance is needed for 

EPA Contracting Officers (COs) on the 

work plan and work assignment 

processes with regard to when a CO 

should provide the expected level of 

service needed to the contractor. 

As a result, clarifying policy is being 

added to the prescription for 1511.011– 

74. Accordingly, the revised language 

incorporated into EPAAR prescription 

1511.011–74 provides the EPA 

contracting officer with further 

instructions on the use of EPAAR clause 

1552.211–74, when administering work 

assignments under Cost Reimbursable 

type term form contracts. 

III. General Comments 

One comment was received on June 6, 

2011. The comment appears to be 

misplaced; it appears the commenter 

may have been attempting to address a 

different notice. The comment in 

reference to physician owned physical 

therapy practices is not relevant to this 

requirement. This rule focuses on the 

administration of work assignments 

under Cost Reimbursable contracts and 

not physical therapy practices. As a 

result, after in-depth review of this 

public comment, no changes will be 

made to this final rule. 

IV. Final Rule 

This rule amends the EPAAR to add 

policy to prescription 1511.011–74 for 

work assignments under clause 

1552.211–74. The original prescription 

language generally states that the work 

assignment clause, 1552.211–74, shall 

be used when a Cost Reimbursable type 

term form contract with work 

assignments will be issued. This policy 

revision only adds additional 

instructive language. The new policy 

language contained under 1511.011–74, 

Work Assignments (Deviation), will 

serve to provide contracting officers 

with better guidance on issuing a work 

assignment. Therefore a revision will 

not be required to the related EPAAR 

clause, 1552.211–74 Work Assignments; 

as this change does not affect the 

meaning of the clause. The revised 

language communicates to contract 

personnel and program staff that 

government cost-related estimates 

should not be provided to contractors 

prior to receiving the contractor’s work 

plan (proposal); and how to address 

exceptions. The exceptions addressed in 

the policy involve circumstances where 

a contracting officer may need to be able 

to provide some of the expected level of 

service needed to the contractor prior to 

receipt of the work plan (proposal) due 

to the nature of the work. 

V. 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 (EO) 12866 (58 FR 

51735, October 4, 1993) and EO 13563 

(76 FR 3821, January 21, 2011). 

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 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. No 

information is collected under this 

action. 

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 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. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

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; and (3) a small 

organization that is any not-for-profit 


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Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 8175 

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. 

This action revises a current EPAAR 

provision and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. 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 the effects of 

their regulatory actions on State, Local, 

and Tribal governments and the private 

sector. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of the Title II of the UMRA) 

for State, Local, and Tribal governments 

or the private sector. The rule imposes 

no enforceable duty on any State, Local 

or Tribal governments or the private 

sector. Thus, the 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’’ is 

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.’’ 

This 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. Rather, this rule 

on work assignments only provides 

clarification to Contracting Officers 

when issuing level of effort estimates in 

a work assignment. Thus, Executive 

Order 13132 does not apply to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicited comments from 

State and local officials on this rule and 

no comments were received from State 

and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Goverments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 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.’’ This rule does not have 

tribal implications, as specified in 

Executive Order 13175. Rather, this rule 

on work assignments only provides 

clarification to Contracting Officers 

when issuing level of effort estimates in 

a work assignment. Thus, Executive 

Order 13175 does not apply to this 

action. EPA specifically solicited 

additional comment from tribal officials 

on this rule and no comments were 

received from tribal officials. 

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 Executive Order 12886, and (2) 

concerns an environmental health or 

safety risk that may have a 

proportionate effect on children. This 

rule is not subject to Executive Order 

13045 because it is not an economically 

significant rule as defined by Executive 

Order 12866, and because it does not 

involve decisions on environmental 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution of 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) (15 U.S.C 272 note) of 

NTTA, Public Law 104–113, directs 

EPA to use voluntary consensus 

standards in it 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 NTTA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 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 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. 

List of Subjects in 48 CFR Part 1511 

Environmental protection, 

Government procurement. 

Dated: January 31, 2012. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR chapter 15 is 

amended as set forth below: 

PART 1511—DESCRIBING AGENCY 

NEEDS 

■ 1. The authority citation for part 1511 

continues to read as follows: 


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8176 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 

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

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

41 U.S.C. 418b. 

■ 2. Revise section 1511.011–74 to read 

as follows: 

1511.011–74 Work Assignments. 

(a) Policy. When issuing work 

assignments, the independent 

government cost estimate shall not be 

released to the contractor. In most cases 

the Contracting Officer (CO) should 

authorize the contractor to expend only 

the estimated labor hours necessary to 

develop the work plan and to initiate 

preliminary tasks which must be 

performed before work plan approval 

can be made. However, in cases where 

the uncertainties involved in the effort 

are of such a magnitude that there is no 

reasonable expectation that the 

contractor can estimate the level of 

effort required by the tasks, objectives, 

or outcomes of the requirement, the CO 

may provide a ceiling level of effort for 

the entire work assignment at the time 

of its issuance. In such cases, the 

specific uncertainties precluding 

reasonable estimation of the required 

level of effort on the contractor’s part 

must be documented in the contract file. 

(b) Solicitation Provision. The CO 

shall insert the contract clause at 

1552.211.74, Work Assignments, in 

cost-reimbursement type term form 

contracts when work assignments are 

used. For Superfund contracts, except 

for contracts which require annual 

conflict of interest certificates (e.g. Site 

Specific contracts, the Contract 

Laboratory Program (CLP), and Sample 

Management Office (SMO) contracts), 

the CO shall use the clause with either 

Alternate I or Alternate II. Alternate I 

shall be used for contractors who have 

at least three (3) years of records that 

may be searched for certification 

purposes. Alternate II shall be used for 

contractors who do not have at least 

three (3) years of records that may be 

searched. 

[FR Doc. 2012–3292 Filed 2–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA987 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters) 

length overall using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the A season 

apportionment of the 2012 total 

allowable catch of Pacific cod to be 

harvested. 

DATES: Effective February 8, 2012, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season apportionment of the 

2012 Pacific cod total allowable catch 

(TAC) specified for vessels using jig gear 

in the BSAI is 1,958 metric tons (mt) for 

the period 2400 hrs, A.l.t., January 1, 

2012, through 1200 hrs, A.l.t., April 30, 

2012, as established by the final 2011 

and 2012 harvest specifications for 

groundfish in the BSAI (76 FR 11139, 

March 1, 2011) and inseason adjustment 

(76 FR 81875, December 29, 2011). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 1,800 mt of the A season 

apportionment of the 2012 Pacific cod 

TAC allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(1). Therefore, in 

accordance with § 679.20(a)(7)(iii)(A), 

NMFS apportions from 1,800 mt of 

Pacific cod from the A season jig gear 

apportionment to catcher vessels less 

than 60 feet (18.3 meters(m)) length 

overall (LOA) using hook-and-line or 

pot gear. 

The harvest specifications for Pacific 

cod included in the final 2012 harvest 

specifications for groundfish in the 

BSAI (76 FR 11139, March 1, 2011) and 

inseason adjustment (76 FR 81875, 

December 29, 2011) are revised as 

follows: 158 mt for vessels using jig gear 

to the A season apportionments and 

6,445 mt to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of Pacific cod 

specified from jig vessels to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear. Since 

the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 8, 2012. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 


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