10666 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: Mr. 

Karlos Morgan, Procurement Analyst, at 

(202) 501–2364, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite GSAR Amendment 

2012–02, GSAR Case 2011–G502. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The General Services Administration 

is amending the GSAR to comply with 

changes made to acquisition-related 

thresholds by Federal Acquisition 

Circular 2005–45 (Federal Acquisition 

Regulation (FAR) Case 2008–024), 

published in the Federal Register at 75 

FR 53129, August 30, 2010, with an 

effective date of October 1, 2010. FAR 

Case 2008–024 implements Section 807 

of the National Defense Authorization 

Act for Fiscal Year 2005 (Pub. L. 108– 

375). Section 807 provides for 

adjustment every 5 years of acquisitionrelated thresholds, except for DavisBacon Act, Service Contract Act, and 

trade agreements thresholds. 

As a result of changes made to the 

acquisition-related thresholds, the 

GSAR clause at 552.219–71, Notice to 

Offerors of Subcontracting Plan 

Requirements, is revised by removing 

‘‘$500,000’’ and ‘‘$1,000,000’’ and 

replacing the GSAR text with 

‘‘$650,000’’ and ‘‘$1,500,000’’, 

respectively. The GSAR clause at 

552.219–72, Preparation, Submission, 

and Negotiation of Subcontracting 

Plans, is revised by removing 

‘‘$500,000’’ and ‘‘$1,000,000’’ and 

replacing the GSAR text with 

‘‘$650,000’’ and ‘‘$1,500,000’’, 

respectively. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

III. Regulatory Flexibility Act 

The General Services Administration 

certify that this final rule will not 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., 

because FAR Case 2008–024, which 

addresses the acquisition-related 

thresholds, was published in the 

Federal Register at 75 FR 53129, August 

30, 2010, with an effective date of 

October 1, 2010. Further, Acquisition 

Letter MV–11–01, Adjustment of GSAM 

Acquisition-Related Thresholds due to 

Federal Acquisition Circular 2005–45 

(Item I, Inflation Adjustment of 

Acquisition-Related Thresholds), was 

effective immediately upon the 

publishing of Acquisition Letter 

(October 8, 2010). All other revisions to 

the GSAM are non-regulatory. 

IV. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 519 and 

552 

Government procurement. 

Dated: February 16, 2011. 

Joseph A. Neurauter, 

Senior Procurement Executive, Office of 

Acquisition Policy, General Services 

Administration. 

Therefore, GSA amends 48 CFR parts 

519 and 552 as set forth below: 

PART 519—SMALL BUSINESS 

PROGRAMS 

■ 1. The authority citation for 48 CFR 

part 519 is revised to read as follows: 

Authority: 40 U.S.C. 121(c). 

■ 2. Amend section 519.870–8 by 

revising paragraph (a)(3) to read as 

follows: 

519.870–8 Contract clauses. 

(a) * * * 

(3) Insert the clause at FAR 52.219– 

18, Notification of Competition Limited 

to Eligible 8(a) Concerns. Substitute the 

following paragraph for paragraph (c) of 

the clause. Add the word ‘‘Deviation’’ at 

the end of the clause title. 

(c) Any award resulting from this 

solicitation will be made directly by the 

Contracting Officer to the successful 8(a) 

offeror selected through the evaluation 

criteria set forth in this solicitation. 

* * * * * 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for 48 CFR 

part 552 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 

■ 4. Amend section 552.219–71 by 

revising the date of the provision; and 

by removing from the introductory text 

‘‘$500,000 ($1,000,000’’ and adding 

‘‘$650,000 ($1,500,000’’ in its place. The 

revised text reads as follows: 

552.219–71 Notice to Offerors of 

Subcontracting Plan Requirements. 

* * * * * 

Notice to Offereors of Subcontracting 

Plan Requirements (MAR 2012) 

* * * * * 

■ 5. Amend section 552.219–72 by 

revising the date of the provision; and 

removing from the introductory text 

‘‘$500,000 ($1,000,000’’ and adding 

‘‘$650,000 ($1,500,000’’ in its place. The 

revised text reads as follows: 

552.219–72 Preparation, Submission, and 

Negotiation of Subcontracting Plans. 

* * * * * 

Preparation, Submission, and 

Negotiation of Subcontracting Plans 

(MAR 2012) 

* * * * * 

■ 6. Amend section 552.219–76 by 

revising the date of the clause; and 

removing from paragraph (f) 

‘‘519.7011(j)’’ and adding ‘‘519.7010(j)’’ 

in its place. The revised text reads as 

follows: 

552.219–76 Mentor Requirements and 

Evaluation. 

* * * * * 

Mentor Requirements and Evaluation 

(MAR 2012) 

* * * * * 

[FR Doc. 2012–4229 Filed 2–22–12; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 199 

[Docket No. PHMSA–2011–0335] 

Pipeline Safety: Post Accident Drug 

and Alcohol Testing 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA); DOT. 


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Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Rules and Regulations 10667 

ACTION: Notice of Issuance of Advisory 

Bulletin. 

SUMMARY: PHMSA regulations in Part 

199 require pipeline operators and 

operators of Liquefied Natural Gas 

(LNG) facilities to conduct post-accident 

drug and alcohol tests of covered 

employees. Within the mandated 

timelines after a reportable pipeline 

accident or incident, operators must 

drug and alcohol test each covered 

employee whose performance either 

contributed to the accident or cannot be 

completely discounted as a contributing 

factor to the accident or incident. 

Operators must make the determination 

of employee contribution to the accident 

or incident promptly to meet the 

timelines for testing required by the 

regulations. This was further 

emphasized by the National 

Transportation Safety Board (NTSB) in 

its report of the September 9, 2010, 

incident in San Bruno, California. 

DATES: February 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Kastanas by phone at 202–550– 

0629 or by email at 

stanley.kastanas@dot.gov, regarding the 

subject matter of this advisory bulletin, 

or the Dockets Unit, 202–366–4453, for 

copies of this advisory bulletin or other 

material in the docket. All materials in 

this docket may be accessed 

electronically at http:// 

www.regulations.gov/search/Regs/ 

home.html#home. General information 

about the PHMSA Office of Pipeline 

Safety (OPS) can be obtained by 

accessing OPS’s Internet home page at 

http://www.phmsa.dot.gov/pipeline. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 9, 2010, a 30-inchdiameter segment of an intrastate 

natural gas transmission pipeline owned 

and operated by the Pacific Gas and 

Electric Company ruptured in a 

residential area in San Bruno, 

California. As a result of an NTSB 

investigation of this event, one of its 

recommendations to PHMSA was to 

issue guidance clarifying the need to 

conduct post-accident drug and alcohol 

testing of all potentially involved 

personnel despite uncertainty about the 

circumstances of the accident. This 

advisory bulletin fulfills the NTSB 

recommendation and PHMSA’s ongoing 

commitment to pipeline safety. 

II. Advisory Bulletin (ADB–2012–02) 

To: Operators of Gas, Hazardous 

Liquid, and Carbon Dioxide Pipelines 

and Liquefied Natural Gas Facilities. 

Subject: Post-Accident Drug and 

Alcohol Testing. 

Advisory: ‘‘The need to conduct postaccident drug and alcohol testing of all 

potentially involved personnel despite 

uncertainty about the circumstances of 

the accident’’ is an important reminder 

and recommendation in the final report 

of the NTSB—Pacific Gas and Electric 

Company Natural Gas Transmission 

Pipeline Rupture and Fire, San Bruno, 

California, September 9, 2010, Pipeline 

Accident Report [NTSB/PAR–11/01; 

Washington, DC]. The term ‘‘accident’’ 

in Part 199 includes both ‘‘incidents’’ 

reportable under Part 191 and 

‘‘accidents’’ reportable under Part 195. 

Covered employees include both 

operator employees and contractor 

employees performing operations, 

maintenance, or emergency response 

functions. Operators and contractors are 

encouraged to review and update, where 

necessary, plans and procedures 

governing post-accident substance 

abuse/misuse testing and train all those 

involved with ensuring that such testing 

is performed promptly and in an 

effective manner. 

Compliance Reminder 

Operators are reminded that covered 

functions encompass a broad range of 

employee and contractor positions, 

including, but not limited to, contract 

emergency responders, pressure control 

technicians, temp-agency covered 

employees, and control room operators. 

If a covered employee’s performance 

cannot be completely discounted as a 

contributing factor to the accident or 

incident, the employee must be tested 

for the potential substance abuse or 

misuse of both drugs and alcohol. In 

order to meet the testing timelines, do 

not delay testing in order to determine 

the circumstances surrounding the 

accident or incident. However, the 

accident or incident circumstances and 

events must be assessed promptly and 

documented, especially the reasons for 

not drug or alcohol testing an accidentrelated covered employee. 

Key Regulatory Sections Applicable to 

Post-Accident Drug and Alcohol Testing 

The following are key regulatory 

sections addressing post-accident drug 

and alcohol testing that should be 

reviewed, along with other applicable 

sections of Part 199: 

• Under § 199.105, post-accident drug 

tests of covered employees whose 

performance cannot be completely 

discounted as a contributing factor to 

the accident must be completed no later 

than 32 hours after the accident. 

• Under § 199.225(a), if an operator 

does not complete post-accident alcohol 

testing of covered employees whose 

performance cannot be completely 

discounted as a contributing factor to 

the accident within two hours of the 

accident, the operator must prepare and 

maintain on file a record stating the 

reasons the test was not promptly 

administered. If post-accident alcohol 

testing is not administered within eight 

hours following the accident, the 

operator must cease attempts to 

administer an alcohol test and must 

state in the record the reasons for not 

administering the test. Covered 

employees must remain available for 

post-accident testing, but emergency 

response or medical care of the 

employee are never to be delayed for 

alcohol testing. 

• Under § 199.221, each operator 

shall prohibit a covered employee who 

has actual knowledge of an accident in 

which his or her performance of covered 

functions has not been discounted by 

the operator as a contributing factor to 

the accident from using alcohol for eight 

hours following the accident, unless he 

or she has been given a post-accident 

test under § 199.225(a), or the operator 

has determined that the employee’s 

performance could not have contributed 

to the accident. 

• Under § 199.103(a) an operator may 

not knowingly use as an employee any 

person who (1) Fails a drug test required 

by this part and the Medical Review 

Officer makes a determination under 

DOT Procedures Part 40; or (2) refuses 

to take a drug test required by this part. 

• Under § 199.223, each operator 

shall require a covered employee to 

submit to a post-accident alcohol test 

required under § 199.225(a). No operator 

shall permit an employee who refuses to 

submit to such a test to perform or 

continue to perform covered functions. 

• Under § 199.233, no operator shall 

permit any covered employee to 

perform covered functions if the 

employee has engaged in conduct 

prohibited by §§ 199.215 through 

199.223. 

Issued in Washington, DC, February 15, 

2012. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2012–4157 Filed 2–22–12; 8:45 am] 

BILLING CODE 4910–60–P 


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