37958 Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 2, 

2014. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements (see section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur dioxide, Carbon 

monoxide, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 25, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(366)(i)(D) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(366) * * * 

(i) * * * 

(D) Placer County Air Pollution 

Control District. 

(1) Rule 516, ‘‘Rice Straw Emission 

Reduction Credits,’’ adopted on 

February 19, 2009. 

* * * * * 

[FR Doc. 2014–15565 Filed 7–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1516 and 1552 

[EPA–HQ–OARM–2013–0149; FRL–9913– 

36–OARM] 

EPAAR Clause for Ordering by 

Designated Ordering Officers 

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. The final rule updates the 

Ordering—By Designated Ordering 

Officers clause and a corresponding 

prescription. 

DATES: This final rule is effective on July 

3, 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 

The subject clause is currently 

codified in the EPAAR as the April 1984 

basic clause without any alternates. The 

basic clause only contemplates order 

issuance prior to receiving formal input 

from the contractor. On December 21, 

1989, a class deviation was issued to 

prescribe an alternate to the clause that 

provides for negotiating the terms and 

conditions of a task/delivery order prior 

to order issuance. There are several 

benefits to negotiation prior to order 

issuance: The Government is not 

charged directly for the time involved in 

negotiations and the associated costs are 

part of bid and proposal costs which are 

indirect charges spread across all 

Government contracts; it allows for 

more accurate pricing for the order, and 

it enables the Government to hold the 

Contractor to negotiated requirements as 

soon as the order is issued. As a result, 

the subject clause and corresponding 

prescription are being updated to add 

the 1989 class deviation. Because the 

class deviation provides several benefits 

that the basic clause does not, it will be 

designated as the basic form of the 

Ordering clause, and the previous basic 

form is being re-designated as Alternate 


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Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations 37959 

I. In addition, the EPAAR 1516.505(a) 

subject clause prescription is being 

updated accordingly. On April 7, 2014 

(79 FR 19039) EPA sought comments on 

the proposed rule and received no 

comments. 

II. Final Rule 

This final rule updates the EPAAR 

1516.505(a) clause prescription, and 

amends EPAAR 1552.216–72 to add an 

alternate version to the Ordering—By 

Designated Ordering Officers clause. It 

also provides additional information in 

Section (III)(C) below relating to the 

Regulatory Flexibility Act as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

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 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. 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 

clause and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. The previous basic 

form of the clause (which is now 

Alternate I) is already codified in the 

EPAAR, and the form that is being redesignated as the basic form has already 

been in wide use as an EPA clause 

deviation since 1989. Depending on 

procurement specifics, EPA uses the 

basic form of the clause about twice as 

often as the alternate form, because the 

basic form provides several benefits to 

negotiation prior to order issuance, as 

discussed in the Background section 

above. Therefore 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 final 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 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 


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37960 Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations 

not to use available and applicable 

voluntary consensus standards. 

This final 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 (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 final 

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 final rulemaking 

does not involve human health or 

environmental effects. 

List of Subjects 

48 CFR Part 1516 

Government procurement. 

48 CFR Part 1522 

Equal employment opportunity, 

Government procurement, Individuals 

with disabilities, Labor, Veterans. 

Dated: June 11, 2014. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

amended as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 1516 and 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. 

PART 1516—TYPES OF CONTRACTS 

■ 2. Revise 1516.505(a) as follows: 

1516.505 Contract clauses. 

(a) The Contracting Officer shall insert 

the clause in 1552.216–72, Ordering— 

By Designated Ordering Officers, or a 

clause substantially similar to the 

subject clause, in indefinite delivery/

indefinite quantity type solicitations 

and contracts. The Contracting Officer 

shall insert Alternate I when formal 

input from the Contractor will not be 

obtained prior to order issuance. 

* * * * * 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Revise 1552.216–72 to read as 

follows: 

1552.216–72 Ordering—by designated 

ordering officers. 

As prescribed in 1516.505(a), insert 

the subject clause, or a clause 

substantially similar to the subject 

clause, in indefinite delivery/indefinite 

quantity type solicitations and 

contracts. 

ORDERING—BY DESIGNATED ORDERING 

OFFICERS (ll2014) 

(a) The Government will order any 

supplies and services to be furnished under 

this contract by issuing task/delivery orders 

on Optional Form 347, or an agency 

prescribed form, from lll through lll. 

In addition to the Contracting Officer, the 

following individuals are authorized ordering 

officers. 

lllllllllllllllllllll

lllllllllllllllllllll

(b) A Standard Form 30 will be the method 

of amending task/delivery orders. 

(c) The Contractor shall acknowledge 

receipt of each order by having an authorized 

company officer sign either a copy of a 

transmittal letter or signature block on page 

3 of the task/delivery order, depending upon 

which is provided, within ll calendar days 

of receipt. 

(d) Prior to the placement of any task/

delivery order, the Contractor will be 

provided with a proposed Performance Work 

Statement/Statement of Work and will be 

asked to respond with detailed technical and 

cost proposals within ll calendar days or 

less. The technical proposal will delineate 

the Contractor’s interpretation for the 

execution of the PWS/SOW, and the pricing 

proposal will be the Contractor’s best 

estimate for the hours, labor categories and 

all costs associated with the execution. The 

proposals are subject to negotiation. The 

Ordering Officer and the Contractor shall 

reach agreement on all the material terms of 

each order prior to the order being issued. 

(e) Each task/delivery order issued will 

incorporate the Contractor’s technical and 

cost proposals as negotiated with the 

Government, and will have a ceiling price 

which the contractor shall not exceed. When 

the Contractor has reason to believe that the 

labor payment and support costs for the order 

which will accrue in the next thirty (30) days 

will bring total cost to over 85 percent of the 

ceiling price specified in the order, the 

Contractor shall notify the Ordering Officer. 

(f) Under no circumstances will the 

Contractor start work prior to the issue date 

of the task/delivery order unless specifically 

authorized to do so by the Ordering Officer. 

Any verbal authorization will be confirmed 

in writing by the Ordering Officer or 

Contracting Officer within ll calendar 

days. 

(End of clause) 

Alternate I. As prescribed in 1516.505(a), 

insert the subject clause, or a clause 

substantially similar to the subject clause, in 

indefinite delivery/indefinite quantity 

contracts when formal input from the 

Contractor will not be obtained prior to order 

issuance. 

(a) The Government will order any 

supplies and services to be furnished under 

this contract by issuing task/delivery orders 

on Optional Form 347, or any agency 

prescribed form, from ll through ll. In 

addition to the Contracting Officer, the 

following individuals are authorized ordering 

officers: 

lllllllllllllllllllll

lllllllllllllllllllll

(b) A Standard Form 30 will be the method 

of amending task/delivery orders. 

(c) The Contractor shall acknowledge 

receipt of each order and shall prepare and 

forward to the Ordering Officer within ll 

calendar days the proposed staffing plan for 

accomplishing the assigned task within the 

period specified. 

(d) If the Contractor considers the 

estimated labor hours or specified work 

completion date to be unreasonable, the 

Contractor shall promptly notify the Ordering 

Officer and Contracting Officer in writing 

within ll calendar days, stating why the 

estimated labor hours or specified 

completion date is considered unreasonable. 

(e) Each task/delivery order will have a 

ceiling price, which the Contractor may not 

exceed. When the Contractor has reason to 

believe that the labor payment and support 

costs for the order, which will accrue in the 

next thirty (30) days, will bring total cost to 

over 85 percent of the ceiling price specified 

in the order, the Contractor shall notify the 

Ordering Officer. 

(f) Paragraphs (c), (d), and (e) of this clause 

apply only when services are being ordered. 

(End of clause) 

[FR Doc. 2014–15688 Filed 7–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130925836–4174–02] 

RIN 0648–XD358 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


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