75434 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 

particular applicability. This document 

does not contain information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any information collection 

burden ‘‘for small business concerns 

with fewer than 25 employees,’’ 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCASTING 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.202 [Amended] 

■ 2. Amend § 73.202(b), the Table of FM 

Allotments, as follows: 

■ a. Remove Anniston, under Alabama, 

Channel *261C3. 

■ b. Remove Willcox, under Arizona, 

Channel *223C3. 

■ c. Remove McKinleyville, under 

California, Channel *277C3. 

■ d. Remove Big Pine Key, under 

Florida, Channel *239A and Live Oak, 

Channel *261A. 

■ e. Remove Reynolds, under Georgia, 

Channel *245A. 

■ f. Remove Weiser, under Idaho, 

Channel *280C1. 

■ g. Remove Canton, under Illinois, 

Channel *277A; Clifton, Channel 

*297A; and Freeport, Channel *295A. 

■ h. Remove Columbus, under Indiana, 

Channel *228A and Farmersburg, 

Channel *242A. 

■ i. Remove Moville, under Iowa, 

Channel *246A. 

■ j. Remove Smith Mills, under 

Kentucky, Channel *233A. 

■ k. Remove Ringgold, under Louisiana, 

Channel *253C3. 

■ l. Remove Hubbardston, under 

Michigan, Channel *279A. 

■ m. Remove Huntsville, under 

Missouri, Channel *278C2. 

■ n. Remove Alamo Community, under 

New Mexico, Channel *298A. 

■ o. Remove Berthold, under North 

Dakota, Channel *264C. 

■ p. Remove Weatherford, under 

Oklahoma, Channel *286A and 

Wynnewood, Channel *283A. 

■ q. Remove Madras, under Oregon, 

Channel *243C1 and The Dalles, 

Channel *268C3. 

■ r. Remove Susquehanna, under 

Pennsylvania, Channel *227A. 

■ s. Remove Burnet, under Texas, 

Channel *240A and Denver City, 

Channel *248C2. 

■ t. Remove Shenandoah, under 

Virginia, Channel *296A. 

■ u. Remove Chewlah, under 

Washington, Channel *274C3. 

■ v. Remove St Marys, under West 

Virginia, Channel *287A. 

■ w. Remove Augusta, under 

Wisconsin, Channel *268C3 and 

Washburn, Channel *284A. 

■ x. Remove Channel *226A, under 

Virgin Islands, at Charlotte Amalie. 

[FR Doc. 2014–29584 Filed 12–17–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 22, and 52 

[FAC 2005–79; FAR Case 2015–003; Item 

I; Docket No. 2014–0050; Sequence No. 1] 

RIN 9000–AM82 

Federal Acquisition Regulation; 

Establishing a Minimum Wage for 

Contractors 

Correction 

In rule document 2014–29137 

beginning on page 74544 in the issue of 

Monday, December 15, 2014, make the 

following corrections: 

1. On page 74545, in the first column, 

in the 8th line, ‘‘February 13, 2015’’ 

should read ‘‘December 15, 2014’’. 

2. On the same page, in the second 

column, in the seventh line, remove the 

word ‘‘Applicability’’. 

PART 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 3. On page 74549, in Part 1, in the 

third column, in the fourteenth and 

fifteenth lines, the heading for Part 1 is 

correction to read as set forth above. 

§ 52.212–5 [Corrected] 

■ 4. On page 74552, in section 52.212– 

5(c)(10), in the second column, in the 

sixteenth line, ‘‘DEC 2014)’’ should read 

‘‘(DEC 2014)’’. 

[FR Doc. C1–2014–29137 Filed 12–17–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1511 and 1552 

[EPA–HQ–OARM–2012–0476; FRL 9920–48– 

OARM] 

EPAAR Clause for Work Assignments 

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. This final rule updates the 

EPAAR clause, Work Assignments. 

DATES: This final rule is effective on 

December 18, 2014. 

ADDRESSES: Docket: All documents in 

the docket are listed in the 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov, 

or in hard copy at the Office of 

Environmental Information (OEI) 

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 EPA Docket Center is (202) 566– 

1752. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m. Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Valentino, Policy, Training, and 

Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

4522; email address: valentino.thomas@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 3, 2009, the Office of 

Acquisition Management (OAM) Head 

of the Contracting Activity (HCA) issued 

a class deviation that revised the 

prescription for the subject clause by 

eliminating the requirement that EPA 

include total estimated labor hours 

when issuing work assignments. The 

revised prescription is necessary 


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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 75435 

because including total estimated labor 

hours when work assignments are 

issued undermines the negotiation 

process by providing the contractor no 

incentive to seek more efficient or 

innovative approaches to meet the 

Government’s needs under a work 

assignment. The revised prescription 

advises contracting officers (COs) that 

when the nature of the work is 

nonspecific with changing 

circumstances (e.g., services at new 

hazardous waste sites, Research & 

Development in new areas with 

uncertain potential results) then the CO 

may provide the contractor with the 

estimated labor hours. Otherwise, COs 

should not authorize the contractor to 

expend the level of effort beyond the 

effort needed to develop the work plan. 

The revised prescription was published 

in the Federal Register on February 14, 

2012. As a result, the subject clause text 

is being updated to make it consistent 

with the revised prescription. 

In addition, the work assignment 

clause prescription is modified to make 

the clause applicable to EPA costreimbursement contracts, and the 

subject prescription and clause are 

being updated to add two alternate 

clause versions. Currently the subject 

clause has Alternates I and II that are 

used in Superfund contracts and require 

the contractor to provide a COI 

certification. This clause update adds 

Alternates III and IV which are 

substantially the same as I and II but are 

written for non-Superfund contracts. A 

class deviation for Alternates III and IV 

was issued by the HCA on June 29, 

1994. On July 18, 2014 (79 FR 41949) 

EPA sought comments on the proposed 

rule and received no comments. 

II. Final Rule 

This final rule updates the EPAAR to 

revise paragraphs (b) and (c) in EPAAR 

clause 1552.211–74, Work Assignments, 

and revises paragraph (b) of the 

corresponding 1511.011–74 

prescription. Alternates III and IV are 

also being added to clause 1552.211–74. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and therefore, 

not subject to review under the E.O. 

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 

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 recordkeeping. 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. 

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 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. 

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 proposed rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 


tkelley on DSK3SPTVN1PROD with RULES
75436 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 

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 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 NTTA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (E.O.) 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 

proposed 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 proposed 

rulemaking does not involve human 

health or environmental affects. 

List of Subjects 

48 CFR Part 1511 

Government procurement. 

48 CFR Part 1552 

Government procurement, Reporting 

and recordkeeping requirements. 

Dated: December 1, 2014. 

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 48 CFR 

part 1511 continues to read as follows: 

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

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

■ 2. Revise paragraph (b) of 1511.011– 

74 to read as follows: 

1511.011–74 Work Assignments. 

* * * * * 

(b) Contract Clause. The CO shall 

insert the contract clause at 

1552.211.74, Work Assignments, in costreimbursement contracts when work 

assignments are used. 

(1) For Superfund contracts, except 

for contracts which require annual 

conflict of interest certificates (e.g., SiteSpecific contracts, the Contract 

Laboratory Program (CLP), 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. 

(2) For non-Superfund contracts, the 

CO shall use the clause with either 

Alternate III or Alternate IV. Alternate 

III shall be used for contractors who 

have at least three (3) years of records 

that may be searched for certification 

purposes. Alternate IV shall be used for 

contractors who do not have at least 

three (3) years of records that may be 

searched. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for 48 CFR 

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. 

■ 4. Revise 1552.211–74 to read as 

follows: 

1552.211–74 Work assignments. 

As prescribed in 1511.011–74, insert 

the following contract clause in costreimbursement contracts when work 

assignments are to be used. 

Work Assignments (DEC 2014) 

(a) The contractor shall perform work 

under this contract as specified in written 

work assignments issued by the Contracting 

Officer. 

(b) Each work assignment may include (1) 

a numerical designation, (2) approved 

workplan labor hours or an estimated initial 

level of effort provided in accordance with 

1511.011–74, (3) the period of performance 

and schedule of deliverables, and (4) the 

description of the work. 

(c) The Contractor shall acknowledge 

receipt of each work assignment by returning 

to the Contracting Officer a signed copy of 

the work assignment within l calendar days 

after its receipt. The Contractor shall begin 

working on a work plan immediately upon 

receipt of a work assignment. Within l 

calendar days after receipt of a work 

assignment, the Contractor shall submit l 

copies of a work plan to the Contract-level 

Contracting Officer’s Representative and l 

copies to the Contracting Officer. The work 

plan shall include a detailed technical and 

staffing plan and a detailed cost estimate. 

Within l calendar days after receipt of the 

work plan, the Contracting Officer will 

provide written approval or disapproval of it 

to the Contractor. The Contractor is not 

authorized to start work without an approved 

work plan unless approved by the 

Contracting Officer or otherwise specified. 

Also, if the Contracting Officer disapproves 

a work plan, the Contractor shall stop work 

until the problem causing the disapproval is 

resolved. In either case, the Contractor shall 

resume work only when the Contracting 

Officer approves the work plan. 

(d) This clause does not change the 

requirements of the ‘‘Level of Effort’’ clause, 

nor the notification requirements of either 

the ‘‘Limitation of Cost’’ or ‘‘Limitation of 

Funds’’ clauses. 

(e) Work assignments shall not allow for 

any change to the terms or conditions of the 

contract. Where any language in the work 

assignment may suggest a change to the terms 

or conditions, the Contractor shall 

immediately notify the Contracting Officer. 

(End of clause) 

Alternate I. As prescribed in 1511.011–74, 

modify the existing clause by adding the 

following paragraph (f) to the basic clause: 

(f) Within 20 days of receipt of the work 

assignment or similar tasking document, the 

Contractor shall provide a conflict of interest 

(COI) certification. Where work assignments 

or similar tasking documents are issued 

under this contract for work on or directly 

related to a site, the Contractor is only 

required to provide a COI certification for the 

first work assignment issued for that site. For 

all subsequent work on that site under this 

contract, the Contractor has a continuing 

obligation to search and report any actual or 

potential COIs, but no additional COI 

certifications are required. 

Before submitting the COI certification, the 

Contractor shall search its records 

accumulated, at a minimum, over the past 

three years immediately prior to the receipt 

of the work assignment or similar tasking 

document. In the COI certification, the 

Contractor must certify to the best of the 


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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 75437 

Contractor’s knowledge and belief that all 

actual or potential organizational COIs have 

been reported to the Contracting Officer, or 

that to the best of the Contractor’s knowledge 

and belief, no actual or potential 

organizational COIs exist. In addition, the 

Contractor must certify that its personnel 

who perform work under this work 

assignment or relating to this work 

assignment have been informed of their 

obligation to report personal and 

organizational COIs to the Contractor. The 

COI certification shall also include a 

statement that the Contractor recognizes its 

continuing obligation to identify and report 

any actual or potential COI arising during 

performance of this work assignment or other 

work related to this site. 

Alternate II. As prescribed in 1511.011–74, 

modify the existing clause by adding the 

following paragraph (f) to the basic clause: 

(f) Within 20 days of receipt of the work 

assignment or similar tasking document, the 

Contractor shall provide a conflict of interest 

(COI) certification. Where work assignments 

or similar tasking documents are issued 

under this contract for work on or directly 

related to a site, the Contractor is only 

required to provide a COI certification for the 

first work assignment issued for that site. For 

all subsequent work on that site under this 

contract, the Contractor has a continuing 

obligation to search and report any actual or 

potential COIs, but no additional COI 

certifications are required. 

Before submitting the COI certification, the 

Contractor shall initially search through all of 

its available records to identify any actual or 

potential COIs. During the first three years of 

this contract, the Contractor shall search 

through all records created since the 

beginning of the contract plus the records of 

the Contractor prior to the award of the 

contract until a minimum of three years of 

records are accumulated. Once three years of 

records have accumulated, prior to certifying, 

the Contractor shall search its records 

accumulated, at a minimum, over the past 

three years immediately prior to the receipt 

of the work assignment or similar tasking 

document. In the COI certification, the 

Contractor must certify to the best of the 

Contractor’s knowledge and belief, that all 

actual or potential organizational COIs have 

been reported to the Contracting Officer, or 

that to the best of the Contractor’s knowledge 

and belief, no actual or potential 

organizational COIs exist. In addition, the 

Contractor must certify that its personnel 

who perform work under this work 

assignment or relating to this work 

assignment have been informed of their 

obligation to report personal and 

organizational COIs to the Contractor. The 

COI certification shall also include a 

statement that the Contractor recognizes its 

continuing obligation to identify and report 

any actual or potential COI arising during 

performance of this work assignment or other 

work related to this site. 

Alternate III. As prescribed in 1511.011– 

74, modify the existing clause by adding the 

following paragraph (f) to the basic clause: 

(f) Within 20 days of receipt of the work 

assignment or similar tasking document, the 

Contractor shall provide a conflict of interest 

(COI) certification. 

Before submitting the COI certification, the 

Contractor shall search its records 

accumulated, at a minimum, over the past 

three years immediately prior to the receipt 

of the work assignment or similar tasking 

document. In the COI certification, the 

Contractor must certify to the best of the 

Contractor’s knowledge and belief that all 

actual or potential organizational COIs have 

been reported to the Contracting Officer, or 

that to the best of the Contractor’s knowledge 

and belief, no actual or potential 

organizational COIs exist. In addition, the 

Contractor must certify that its personnel 

who perform work under this work 

assignment or relating to this work 

assignment have been informed of their 

obligation to report personal and 

organizational COIs to the Contractor. The 

COI certification shall also include a 

statement that the Contractor recognizes its 

continuing obligation to identify and report 

any actual or potential COI arising during 

performance of this work assignment. 

Alternate IV. As prescribed in 1511.011– 

74, modify the existing clause by adding the 

following paragraph (f) to the basic clause: 

(f) Within 20 days of receipt of the work 

assignment or similar tasking document, the 

Contractor shall provide a conflict of interest 

(COI) certification. 

Before submitting the COI certification, the 

Contractor shall initially search through all of 

its available records to identify any actual or 

potential COIs. During the first three years of 

this contract, the Contractor shall search 

through all records created since the 

beginning of the contract plus records of the 

Contractor prior to the award of the contract 

until a minimum of three years of records 

have accumulated. Once three years of 

records have accumulated, prior to certifying, 

the Contractor shall search its records, at a 

minimum, over the past three years 

immediately prior to the receipt of the work 

assignment or similar tasking document. In 

the COI certification, the Contractor must 

certify to the best of the Contractor’s 

knowledge and belief that all actual or 

potential organizational COIs have been 

reported to the Contracting Officer, or that to 

the best of the Contractor’s knowledge and 

belief, no actual or potential organizational 

COIs exist. In addition, the Contractor must 

certify that its personnel who perform work 

under this work assignment or relating to this 

work assignment have been informed of their 

obligation to report personal and 

organizational COIs to the Contractor. The 

COI certification shall also include a 

statement that the Contractor recognizes its 

continuing obligation to identify and report 

any actual or potential COI arising during 

performance of this work assignment. 

(End of clause) 

[FR Doc. 2014–29311 Filed 12–17–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 392 and 396 

[Docket No. FMCSA–2012–0336] 

RIN 2126–AB46 

Inspection, Repair, and Maintenance; 

Driver-Vehicle Inspection Report 

(DVIR) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA rescinds the 

requirement that commercial motor 

vehicle (CMV) drivers operating in 

interstate commerce, except drivers of 

passenger-carrying CMVs, submit, and 

motor carriers retain, DVIRs when the 

driver has neither found nor been made 

aware of any vehicle defects or 

deficiencies. This rule also harmonizes 

the pre- and post-trip inspection lists. It 

responds in part to the President’s 

January 2011 Regulatory Review and 

Reform initiative, removing a significant 

information collection burden without 

adversely impacting safety. The Agency 

also makes a technical change to 

§ 396.11 to eliminate redundant 

language. 

DATES: This final rule is effective 

December 18, 2014. 

Petitions for Reconsideration of this 

final rule must be submitted to FMCSA 

Administrator no later than January 20, 

2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Mike Huntley, Vehicle and 

Roadside Operations Division, Office of 

Bus and Truck Standards and 

Operations, Federal Motor Carrier Safety 

Administration, telephone: 202–366– 

4325. 

SUPPLEMENTARY INFORMATION: 

Executive Summary of the Benefits and 

Costs 

This rule affects all motor carriers 

currently subject to 49 CFR 396.11, both 

private and for-hire, with the exception 

of operators of passenger-carrying 

CMVs. Current safety regulations 

require drivers employed by motor 

carriers to prepare a written report at the 

completion of each day’s work, on each 

vehicle operated, that lists any defect or 

deficiency discovered by or reported to 

the driver which would affect the safety 

of operation of the vehicle or result in 

its mechanical breakdown. This report 

must be submitted to the employing 


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