Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations 46287 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

* * * * * 

[FR Doc. 2013–18180 Filed 7–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1504, 1509, 1511, 1516, 

1522, 1523, 1528, and 1552 

[EPA–HQ–OARM–2013–0294 FRL 9837–4] 

Administrative Revisions to EPAAR 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action on administrative changes to the 

EPA Acquisition Regulation (EPAAR). 

This action revises the EPAAR, but does 

not impose any new requirements on 

Agency contractors. The revisions in 

this direct final rule will make minor 

corrections to and streamline Agency 

acquisition processes to be consistent 

with and non-duplicative of the Federal 

Acquisition Regulation (FAR). EPA is 

issuing a final rule because the changes 

are administrative in nature and does 

not anticipate receiving adverse 

comments. 

DATES: This rule is effective September 

30, 2013 without further action, unless 

adverse comment is received by August 

30, 2013. If adverse comment is 

received, the EPA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2013–0294, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: docket.oei@epa.gov. 

• Fax: (202) 566–1753. 

• Mail: EPA–HQ–OARM–2013–0294, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room 

B102, 1301 Constitution Ave. NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2013– 

0294. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket, and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment, and with 

any disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov Federal Register, 

or in hard copy at the Government 

Property-Contract Property 

Administration 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: 

Daniel Humphries, Policy, Training and 

Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

4377; email address: 

humphries.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

1. Submitting Classified Business 

Information (CBI). Do not submit this 

information to EPA through http:// 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI, and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR Part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 


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46288 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations 

II. Background 

EPA is revising the EPAAR to make 

minor corrections consistent with and 

non-duplicative of the Federal 

Acquisition Regulation (FAR) and does 

not impose any new requirements on 

Agency contractors. EPA is publishing 

this rule without a prior proposed rule 

because the changes are 

noncontroversial administrative type 

updates and does not anticipate 

receiving adverse comments. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. Any 

parties interested in commenting must 

do so at this time. 

III. Final Rule 

This direct final rule makes the 

following changes to 48 CFR Parts 1504, 

1509, 1511, 1516, 1522, 1523, 1528, and 

1552: 1. The authority citation for 48 

CFR Parts 1504, 1509, 1511, 1516, 1522, 

1523, 1528, and 1552 should read 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. Section 1504.804–5 is 

amended to update the office name 

‘‘Financial Analysis and Oversight 

Service Center’’ in all instances and 

revise the reference to Unit 42 of the 

EPA Acquisition Handbook. 3. Section 

1509.1 is removed. 4. Section 1511.011– 

70 is revised to harmonize the 

prescription of the basic and Alternate 

I of the clause prescription. 5. Section 

1511.011–73 is revised to harmonize the 

prescribed types of contracts with the 

clause prescription. 6. Section 

1511.011–74(b) is revised to remove the 

term ‘‘Solicitation provision’’ and put in 

its place ‘‘Contract Clause.’’ 7. Section 

1511.011–80 is removed. 8. Section 

1516.405–272 is amended to update the 

office title to the ‘‘Acquisition Policy 

and Training Service Center.’’ 9. Section 

1516.406 is revised to update the 

reference to the current contractor 

evaluation system to the ‘‘Department of 

Defense Contractor Performance 

Assessment Reporting System.’’ 10. 

Section 1522.1 is removed. 11. Section 

1522.6 is removed. 12. Section 

1552.804–2 is amended to update the 

DOL office title to ‘‘Office of Federal 

Contract Compliance Programs.’’ 13. 

Section 1523.70 is removed. 14. Revised 

the title of Part 1528 to ‘‘BONDS AND 

INSURANCE.’’15. Section 1528.1 is 

redesignated as 1528.3. 16. Section 

1528.101 is redesignated as 1528.301 

and revised the reference of ‘‘1552.228– 

70.’’ 17. Revised the clause title for 

1552.209–74, Alternate IV, to 

‘‘LIMITATION OF FUTURE 

CONTRACTING, ALTERNATE IV 

(ESS)’’ 18. Section 1552.211–70 is 

revised to capitalize the term 

‘‘Contractor’’ and remove the expiration 

date of February 28, 2003. 19. Section 

1552.211–72(g) is revised to update the 

terms used in the table. 20. Section 

1552.211–74 is revised to update the 

term ‘‘Contracting Officer’s 

Representative,’’ to add (End of clause) 

to alternate 1 and capitalize the term 

‘‘Contractor.’’ 21. Section 1552.211–76 

is revised to update the term 

‘‘Contracting Officer’s Representative.’’ 

22. Section 1552.211–77 is revised to 

clarify the prescription that both a draft 

and final report are due and update the 

term ‘‘Contracting Officer’s 

Representative.’’ 23. Section 1552.211– 

79 is revised to clarify that 508 refers to 

accessibility, to remove outdated 

Agency policy, and update an internet 

link. 24. Section 1552.211–80 is 

removed. 25. Section 1552.215–72 

paragraph (b) is revised to update the 

method of proposal submission. 26. 

Section 1552.216–78, Alternate 1, 

paragraph (b) is revised to update the 

contractor evaluation system to the 

‘‘Department of Defense Contractor 

Performance Assessment Reporting 

System (CPARS)’’. 27. Section 

1552.223–70 is revised to correct the 

spelling of ‘‘applicable.’’ 28. Section 

1552.223–72(c) is amended to provide 

the internet link: ‘‘http:// 

www.aphis.usda.gov/contact_us/’’. 29. 

Section 1552.228–70 prescription 

reference is updated. 30. 1552.23–70 is 

amended to remove the words ‘‘Project 

Officer’’ and add, in their place, the 

words ‘‘Contracting Officer’s 

Representative’’ in all instances and to 

correct an administrative formating 

error with ‘‘Alternate l’’. 

31. 1552.232–74 is amended to add 

‘‘Contracting Officer’s Representative.’’ 

32. Section 1552.233–70 is amended to 

remove the term ‘‘clause’’ and replace it 

with ‘‘provision.’’ 33. Section 1552.237– 

70 is revised to update the term 

‘‘Contracting Officer’s Representative.’’ 

34. Section 1552.237–71 is revised to 

update the term ‘‘Contracting Officer’s 

Representative.’’ 35. Section 1552.237– 

74 is revised to update the term 

‘‘Contracting Officer’s Representative.’’ 

36. Section 1552.239–70 is removed. 37. 

Section 1552.239–103 is removed. 38. 

Section 1552.245–70 is amended to 

remove the duplicate title ‘‘Government 

Property’’ and to add the effective date 

of the clause ‘‘(Sept 2009)’’. 39. Section 

1552.245–71 is revised to add the 

effective date of the clause ‘‘(Sept 

2009)’’. 40. Appendix I to Chapter 15 is 

removed. 

IV. 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 is therefore, 

not subject to review under the EO. 

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. Burden is 

defined at 5 CFR 1320.3(b). 

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 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 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 proposed 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; or (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 today’s 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 significant 

adverse economic impact on small 

entities, because 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. 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 


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Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations 46289 

the rule relieves regulatory burden, or 

otherwise has a positive economic effect 

on all of the small entities subject to the 

rule. Since documenting past 

performance is applicable to large and 

small entities, this rule will not have a 

significant economic impact on small 

entities. We continue to be interested in 

the potential impacts of the proposed 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

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 that are far 

below the level established for UMRA 

applicability. Thus, this rule is not 

subject to the requirements of sections 

202 or 205 of UMRA. This rule is also 

not subject to the requirements of 

section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

E. Executive Order 13132: Federalism 

This action 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. Thus, Executive 

Order 13132 does not apply to this 

action. In the spirit of Executive Order 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically solicits comment on 

this proposed action from State and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Thus, Executive Order 13175 

does not apply to this action. In the 

spirit of Executive Order 13175, and 

consistent with EPA policy to promote 

communication between EPA and Tribal 

governments, EPA specifically solicits 

additional comment on this proposed 

rule from Tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under Section 5–501 

of the EO has the potential to influence 

the regulation. This action is not subject 

to EO 13045 because it does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

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. NTTAA 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 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. 

K. Congressional Review 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 48 CFR Parts 1504, 

1509, 1511, 1516, 1522, 1523, 1528, and 

1552 

Government procurement. 

Dated: July 16, 2013. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

amended as set forth below: 

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. 

PART 1504—ADMINISTRATIVE 

MATTERS 

■ 1. The authority citation for part 1504 

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. 

1504.804–5 [Amended] 

■ 2. Section 1504.804–5 is amended by: 

■ a. Removing the words ‘‘cost advisory 

group at the contracting office’’ and 

adding, in its place, the words 

‘‘Financial Analysis and Oversight 

Service Center’’ wherever they appear. 

■ b. Removing the words ‘‘Unit 2 of the 

EPA Acquisition Handbook’’ and 

adding, in their place, the words ‘‘Unit 

42 of the EPA Acquisition Handbook’’ 

in the last sentence. 


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46290 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations 

PART 1509—CONTRACTOR 

QUALIFICATIONS 

■ 3. The authority citation for part 1509 

continues to read as follows: 

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

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

Subpart 1509.1 [Removed] 

■ 4. Remove subpart 1509.1. 

PART 1511—DESCRIBING AGENCY 

NEEDS 

■ 5. The authority citation for part 1511 

continues to read as follows: 

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

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

■ 6. Revise section 1511.011–70 to read 

as follows: 

1511.011–70 Reports of work. 

Contracting officers shall insert one of 

the contract clauses at 1552.211–70 

when the contract requires the delivery 

of reports, including plans, evaluations, 

studies, analyses and manuals. The 

basic clause should be used when 

reports are specified in a contract 

attachment. Alternate I is used to 

specify reports in the contract schedule. 

■ 7. Revise section 1511.011–73 to read 

as follows: 

1511.011–73 Level of effort. 

The Contracting Officer shall insert 

the clause at 1552.211–73, Level of 

Effort-Cost Reimbursement Term 

Contract, in cost-reimbursement term 

contracts including cost contracts 

without fee, cost-sharing contracts, costplus-fixed-fee (CPFF) contracts, costplus-incentive-fee contracts (CPIF), and 

cost-plus-award-fee contracts (CPAF). 

1511.011–74 [Amended] 

■ 8. Amend section 1511.011–74 by 

revising the paragraph (b) subject 

heading to read ‘‘Contract clause’’. 

1511.011–80 [Removed] 

■ 9. Remove section 1511.011–80. 

PART 1516—TYPES OF CONTRACTS 

■ 10. The authority citation for part 

1516 continues to read as follows: 

Authority: The provisions of this 

regulation are issued under 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. 

1516.405 [Amended] 

■ 11. Section 1516.405–272 is amended 

by removing the words ‘‘Procurement 

Policy Branch’’ and adding in their 

place the words ‘‘Acquisition Policy and 

Training Service Center’’. 

1516.406 [Amended] 

■ 12. Amend section 1516.406 in 

paragraph (d) by removing the words 

‘‘National Institutes of Health (NIH) 

Contractor Performance System (CPS)’’ 

and adding in their place the words 

‘‘Department of Defense Contractor 

Performance Assessment Reporting 

System’’. 

PART 1522—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 13. The authority citation for part 

1522 continues to read as follows: 

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

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

Subpart 1522.1 [Removed] 

■ 14. Remove subpart 1522.1. 

Subpart 1522.6 [Removed] 

■ 15. Remove subpart 1522.6. 

1522.804–2 [Amended] 

■ 16. Amend section 1552.804–2 by 

removing the words ‘‘Office of Contract 

Compliance Programs’’ and adding in 

their place the words ‘‘Office of Federal 

Contract Compliance Programs’’. 

PART 1523—ENVIRONMENTAL, 

CONSERVATION, OCCUPATIONAL 

SAFETY, AND DRUG–FREE 

WORKPLACE 

■ 17. The authority citation for part 

1523 continues to read as follows: 

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

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

Subpart 1523.70 [Removed] 

■ 18. Remove subpart 1523.70. 

PART 1528—BONDS OF INSURANCE 

■ 19. The authority citation for part 

1528 continues to read as follows: 

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

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

■ 20. The part 1528 heading is revised 

to read as set forth above. 

Subpart 1528.1 [Redesignated as 

Subpart 1528.3] 

■ 21. Redesignate subpart 1528.1 as 

subpart 1528.3. 

1528.101 [Redesignated as 1528.301 and 

Amended] 

■ 22. Redesignate section 1528.101 as 

1528.301 and remove the reference 

‘‘1552,228–70’’ an add ‘‘1552.228–70’’ 

in its place. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 23. The authority citation for 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. 

■ 24. Amend section 1552.209–74 by 

revising Alternate IV, clause heading to 

read as follows: 

1552.209–74 Limitation of future 

contracting. 

* * * * * 

LIMITATION OF FUTURE 

CONTRACTING, ALTERNATE IV (ESS) 

(SEP 2013) 

* * * * * 

1552.211–70 [Amended] 

■ 25. 1552.211–70 is amended by: 

■ a. In two places, removing the word 

‘‘contractor’’ and adding ‘‘Contractor’’ in 

its place; and 

■ b. In two places, removing the words 

‘‘with an expiration date of February 28, 

2003’’. 

■ 26. Amend section 1552.211–72 by 

revising paragraph (g) to read as follows: 

1552.211–72 Monthly progress report. 

* * * * * 

(g) The reports shall be submitted to 

the following addresses on or before the 

ll of each month following the first 

complete reporting period of the 

contract. See EPAAR 1552.232–70, 

Submission of Invoices, paragraph (e), 

for details on the timing of submittals. 

Distribute reports as follows: 

No. of copies Addressee Address (email and/or shipping) 

.............................................. Contracting Officer’s Representative. 

.............................................. Contracting Officer.


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(End of clause) 

1552.211–74 [Amended] 

■ 27. Section 1552.211–74 is amended 

by: 

■ a. Removing from paragraph (c) the 

words ‘‘Project Officer’’ and adding in 

their place the words ‘‘Contracting 

Officer’s Representative’’; 

■ b. Adding in Alternate I, at the end of 

the clause, ‘‘(End of clause)’’; and 

■ c. In four places, removing in 

Alternate II the word ‘‘contractor’’ and 

adding ‘‘Contractor’’ in its place. 

1552.211–76 [Amended] 

■ 28. Amend section 1552.211–76 by 

removing the words ‘‘Project Officer’’ 

and adding in their place the words 

‘‘Contracting Officer’s Representative’’. 

■ 28. Revise 1552.211–77 to read as 

follows: 

1552.211–77 Final reports. 

As prescribed in 1511.011–77, insert 

this contract clause when a contract 

requires both a draft and a final report. 

FINAL REPORTS (SEP 2013) 

(a) ‘‘Draft Report’’llThe Contractor shall 

submit to the Contracting Officer’s 

Representative ll copies of the draft final 

report on or before lll (date) ll The 

Contractor shall furnish to the Contracting 

Officer a copy of the letter transmitting the 

draft. The draft shall be double-spaced or 

space-and-a-half and shall include all 

pertinent material required in the final 

report. The Government will review for 

approval or disapproval the draft and provide 

a response to the Contractor within ll 

calendar days after receipt. If the Government 

does not provide a response within the 

allotted review time, the Contractor 

immediately shall notify the Contracting 

Officer in writing. 

(b) ‘‘Final Report’’—The Contractor shall 

deliver a final report on or before the last day 

of the period of performance specified in the 

contract. Distribution is as follows: 

No. of copies Addressee Address (email and/or shipping) 

1 ........................................... EPA Library.

1 ........................................... Contracting Officer.

1 ........................................... Contracting Officer’s Representative.

(End of clause) 

■ 29. Amend section 1552.211–79 by: 

■ a. Revising paragraph (c); 

■ b. Removing from the end of 

paragraph (d), the web link ‘‘http:// 

epa.gov/docs/irmpoli8/’’ and adding in 

its place the web link ‘‘http://epa.gov/ 

docs/irmpoli8/policies/index.html’’; and 

■ c. Following paragraph (d) add ‘‘(End 

of clause)’’. 

The revision reads as follows: 

1552.211–79 Compliance with EPA 

policies for information resources 

management. 

* * * * * 

(c) Section 508 requirements 

(accessibility). Contract deliverables are 

required to be compliant with Section 

508 requirements (accessibility for 

people with disabilities). The 

Environmental Protection Agency 

policy for 508 compliance can be found 

at www.epa.gov/accessibility. 

* * * * * 

1552.211–80 [Removed] 

■ 30. Remove section 1552.211–80. 

■ 31. Amend section 1552.215–72 by 

revising paragraph (b) introductory text 

to read as follows: 

1552.215–72 Instructions for the 

Preparation of Proposals. 

* * * * * 

(b) Cost or pricing proposal 

instructions. The offeror shall prepare 

and submit cost or pricing information 

data and supporting attachments in 

accordance with Table 15–2 of FAR 

15.408. In addition to a hard copy of the 

information, to expedite review of the 

proposal, submit an IBM-compatible 

software or storage device (e.g., USB 

flash drive or card reader) containing 

the financial data required, if this 

information is available using a 

commercial spreadsheet program on a 

personal computer. Submit this 

information using Microsoft Exchange 

365, if available. Identify which version 

of Microsoft Exchange used. If the 

offeror used another spreadsheet 

program, indicate the software program 

used to create this information. Offerors 

should include the formulas and factors 

used in calculating the financial data. 

Although submission of a compatible 

software or device will expedite review, 

failure to submit a disk will not affect 

consideration of the proposal. 

* * * * * 

■ 32. Amend 1552.216–78, by revising 

Alternate I paragraph (b) to read as 

follows: 

1552–216.78 Award term incentive plan. 

* * * * * 

Alternate I * * * 

(b) At the conclusion of each contract 

year, an average contract rating shall be 

determined by using the numerical 

ratings entered into the Department of 

Defense Contractor Performance 

Assessment Reporting System (CPARS) 

for this contract. The CPARS is an 

interactive database located on the 

Internet which EPA uses to record 

contractor performance evaluations. 

* * * * * 

1552.223–70 [Amended] 

■ 33. Amend section 1552.223–70 in the 

second sentence in paragraph (a) by 

removing ’’appliable’’ and adding in its 

place ‘‘applicable’’. 

1552.223–72 [Amended] 

■ 34. Amend section 1552.223–72 in 

paragraph (c) by removing from the last 

sentence the words ‘‘by contacting the 

Senior Veterinary, Animal Care Staff, 

USDA/APHIS, Federal Center Building, 

Hyattsville, MD 20782’’ and adding in 

their place the words ‘‘at http:// 

www.aphis.usda.gov/contact_us/’’. 

■ 35. Amend section 1552.228–70 by 

revising the introductory text to read as 

follows: 

1552.228–70 Insurance liability to third 

persons. 

As prescribed in 1528.301, insert the 

following clause: 

* * * * * 

1552.232–70 [Amended] 

■ 36. Amend section 1552.23–70 by: 

■ a. In two places in paragraph (a) by 

removing the words ‘‘Project Officer’’ 

and adding in their place the words 

‘‘Contracting Officer’s Representative’’. 

■ b. In paragraph (e)(3), separate the last 

sentence to establish the rest of the 

section (paragraphs (c)(1) and (2)) as 

Alternate I. 

■ c. Add ‘‘(End of clause)’’ following 

paragraph (e)(3) and before Alternate I. 

1552.232–74 [Amended] 

■ 37. Amend section 1552.232–74 by 

removing the words ‘‘project officer’’ 

and adding in their place the words 

‘‘Contracting Officer’s Representative’’. 

1552.233–70 [Amended] 

■ 38. Amend section 1552.233–70 in the 

introductory text by removing the word 

‘‘clause’’ and adding in its place the 

word ‘‘provision’’. 


ehiers on DSK2VPTVN1PROD with RULES
46292 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations 

1552.237–70 [Amended] 

■ 39. Amend section 1552.237–70 by 

removing the words ‘‘Project Officer’’ 

and adding in their place the words 

‘‘Contracting Officer’s Representative’’ 

wherever they appear in paragraphs (b) 

and (c)(1) and (3). 

1552.237–71 [Amended] 

■ 40. Amend section 1552.237–71 by 

removing the words ‘‘contracting officer 

technical representative’’ and adding in 

their place the words ‘‘Contracting 

Officer’s Representative’’ in paragraphs 

(b) introductory text, (c) introductory 

text, (d), (e) introductory text, and (g). 

1552.237–74 [Amended] 

■ 41. Amend section 1552.237–74 in the 

introductory text and paragraph (a) by 

removing the words ‘‘Project Officer’’ 

and adding in their place the words 

‘‘Contracting Officer’s Representative’’. 

1552.239–70 [Removed] 

■ 42. Remove section 1552.239–70. 

1552.239–103 [Removed] 

■ 43. Remove section 1552.239–103. 

1552.245–70 [Amended] 

■ 45. Amend section 1552.245–70 in the 

clause heading by removing the first 

occurrence of the words ‘‘Government 

Property’’ and to adding ‘‘(SEPT 2009)’’ 

after the second occurrence. 

1552.245–71 [Amended] 

■ 46. Amend section 1552.245–71 by 

adding ‘‘(SEPT. 2009)’’ after the clause 

heading. 

Appendix I to Chapter 15 [Removed] 

■ 47. Remove Appendix I to Chapter 15. 

[FR Doc. 2013–18037 Filed 7–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 195 

Transportation of Hazardous Liquids 

by Pipeline 

CFR Correction 

■ In Title 49 of the Code of Federal 

Regulations, Parts 178 to 199, revised as 

of October 1, 2012, on page 551, in 

§ 195.2, the words ‘‘related parameters.’’ 

are added at the end of the definition of 

Alarm. 

[FR Doc. 2013–18546 Filed 7–30–13; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130326296–3642–02] 

RIN 0648–BD10 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Abbreviated Framework 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement management measures 

described in an abbreviated framework 

to the Fishery Management Plans 

(FMPs) for the Reef Fish Resources of 

the Gulf of Mexico prepared by the Gulf 

of Mexico Fishery Management Council 

(Gulf Council), and Coastal Migratory 

Pelagic Resources prepared by the Gulf 

Council and the South Atlantic Fishery 

Management Council (South Atlantic 

Council). This final rule eliminates the 

requirement to submit a current 

certificate of inspection (COI) provided 

by the U.S. Coast Guard (USCG) with 

the application to renew or transfer a 

Federal Gulf of Mexico (Gulf) coastal 

migratory pelagic (CMP) or reef fish 

charter vessel/headboat permit 

(hereafter referred to as a for-hire 

permit) and eliminates the restriction on 

transferring for-hire permits to a vessel 

of greater authorized passenger capacity 

than specified on the permit. This final 

rule also prohibits the harvest or 

possession of CMP or reef fish species 

on a vessel with a Gulf for-hire permit 

that is carrying more passengers than is 

specified on the permit. The purpose of 

this final rule is to simplify the 

passenger capacity requirements for 

transfers and renewals of Gulf CMP and 

reef fish for-hire permits to provide 

more flexibility in the use of these 

permitted vessels. 

DATES: This rule is effective August 30, 

2013. 

ADDRESSES: Electronic copies of the 

abbreviated framework, which includes 

a regulatory impact review, a Regulatory 

Flexibility Act analysis, and a social 

impact assessment, may be obtained 

from the Southeast Regional Office Web 

site at http://sero.nmfs.noaa.gov. 

Comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this final rule may be 

submitted in writing to Anik Clemens, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701; and Office of Management and 

Budget (OMB), by email at 

OIRA_Submission@omb.eop.gov, or by 

fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, Southeast Regional Office, 

telephone 727–824–5305, email 

Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish and CMP fisheries are managed 

under their respective FMPs. The Gulf 

reef fish FMP was prepared by the Gulf 

Council and the CMP FMP was 

prepared by the Gulf and South Atlantic 

Councils and both FMPs are 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On June 21, 2013, NMFS published a 

proposed rule for the abbreviated 

framework and requested public 

comment (78 FR 37500). The proposed 

rule and abbreviated framework outline 

the rationale for the actions contained in 

the final rule. A summary of the actions 

implemented by this final rule is 

provided below. 

Current regulations limit Gulf for-hire 

permit transfers and renewals to vessels 

that have the same passenger capacity or 

a lower passenger capacity to limit 

overall fishing effort. Because passenger 

capacity is currently based on the USCG 

COI, this limits the ability of the owner 

of a permitted vessel to transfer the Gulf 

for-hire permit to a vessel that has a 

higher passenger capacity listed on the 

COI or to renew the permit under the 

higher passenger capacity listed on the 

COI. Under such scenarios, the only 

way to renew or transfer a permit is to 

have the USCG adjust the COI so that it 

is less than or equal to the passenger 

capacity identified on the Gulf for-hire 

permit, which was based on the COI of 

the vessel when the moratorium Gulf 

for-hire permit was first issued, even 

though a vessel could safely carry more 

passengers, or subsequently has had the 

COI revised to carry more passengers. 

This final rule eliminates the 

requirement to submit a current USCG 

COI with the application to renew or 

transfer a Gulf for-hire permit, 

eliminates the restriction on transferring 

for-hire permits to a vessel of greater 

authorized passenger capacity than 

specified on the permit, and implements 

a provision that prohibits the harvest or 

possession of reef fish or CMP species 

on a vessel with a Gulf for-hire permit 


ehiers on DSK2VPTVN1PROD with RULES