Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules 35257 

1Paragraph (b)(2) relates to contracts using funds 

appropriated or otherwise made available by the 

American Recovery and Reinvestment Act of 2009 

(Pub. L. 111–5). 

surrounding counties such that the 

source is contributing to any nearby area 

that does not meet the NAAQS. EPA is 

therefore proposing to approve North 

Carolina’s redesignation request and 

redesignate the Brunswick County Area 

from unclassifiable to attainment/ 

unclassifiable based on the currently 

available information that demonstrates 

attainment of the 2010 1-hour SO2

NAAQS. 

IV. Proposed Action 

EPA is proposing to approve North 

Carolina’s April 23, 2021, request to 

redesignate the Brunswick County Area 

from unclassifiable to attainment/ 

unclassifiable for the 2010 1-hour SO2

NAAQS. As discussed in prior sections, 

this proposed action is based on the 

currently available monitoring data for 

the Brunswick County Area that 

demonstrate attainment of the 2010 1- 

hour SO2 primary NAAQS. If finalized, 

approval of the redesignation request 

would change the legal designation for 

this Area, found at 40 CFR part 81, from 

unclassifiable to attainment/ 

unclassifiable for the 2010 1-hour SO2

primary NAAQS. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment/unclassifiable is an 

action that affects the status of a 

geographical area and does not impose 

any additional regulatory requirements 

on sources beyond those imposed by 

state law. A redesignation to attainment/ 

unclassifiable does not create any new 

requirements. Accordingly, this 

proposed action merely proposes to 

redesignate an area to attainment/ 

unclassifiable and does not impose 

additional requirements. For that 

reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

This proposed action does not apply 

on any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, this proposed action does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: June 28, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2021–14179 Filed 7–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF STATE 

48 CFR Parts 615 and 652 

[Public Notice: 10574] 

RIN 1400–AE60 

Department of State Acquisition 

Regulation; Access to Contractor 

Records 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State 

(DOS) is proposing an amendment to 

the Department of State Acquisition 

Regulation (DOSAR), to add a new 

contract clause relating to Department 

requests for examination of contractor 

records. 

DATES: The Department of State will 

accept comments on this proposed rule 

until August 31, 2021. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: Grayad@state.gov. You 

must include the RIN in the subject line 

of your message. 

• Mail (paper or CD–ROM 

submissions): Ms. Annette Gray, Policy 

Division, Office of the Procurement 

Executive, A/OPE, 2201 C Street NW, 

Suite 3200, State Annex Number 15, 

Washington, DC 20520. 

• Persons with access to the internet 

may view this interim rule and submit 

comments by visiting: http://

www.regulations.gov, and searching for 

docket number DOS–2021–0007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tandra Jones, Office of the Procurement 

Executive, A/OPE, 1735 North Lynn 

Street, Room 442, Arlington, VA 22209. 

Telephone 703–875–6643. 

SUPPLEMENTARY INFORMATION: The 

Department proposes to add 48 CFR part 

615, section 615.209–70, Examination 

of Records, and 48 CFR part 652, section 

652.209–70, Examination of Records, to 

the Department of State Acquisition 

Regulation (DOSAR). 

What is the authority for this proposed 

rule? 

Title 41 of the U.S. Code, section 

4706, provides that the head of an 

executive agency, acting through an 

authorized representative, may, for the 

purpose of evaluating the accuracy, 

completeness, and currency of certified 

cost or pricing data required to be 

submitted pursuant to 41 U.S.C. chapter 

35 with respect to a contract or 

subcontract, examine all records of the 

contractor or subcontractor related to: 

(A) The proposal for the contract or 

subcontract; 

(B) the discussions conducted on the 

proposal; 

(C) pricing of the contract or 

subcontract; or 

(D) performance of the contract or 

subcontract. 

The Federal Acquisition Regulation 

(FAR), 48 CFR 15.209(b), Solicitation 

provisions and contract clauses, states 

(in summary) that, when contracting by 

negotiation, except as provided in 

section 15.209(b)(2),1 the contracting 

officer shall insert the clause at section 

52.215–2, Audit and RecordsNegotiation, in solicitations and 

contracts except those for: (1) 

Acquisitions not exceeding the 

simplified acquisition threshold; (2) The 

acquisition of utility services at rates not 

exceeding those established to apply 

uniformly to the general public, plus 

any applicable reasonable connection 


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35258 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules 

2 48 CFR 601.303. 

charge; or (3) The acquisition of 

commercial items exempted under 

section 15.403–1. 

Why is the Department publishing this 

proposed rule? 

The DOSAR implements the FAR 

(and therefore, the statute, 41 U.S.C. 

4706) for the Department of State.2 The 

Department has determined, after a 

review of the existing regulations, that 

further clarity is required regarding 

implementation of 41 U.S.C. 4706 as it 

relates to contracts other than contracts 

by negotiation (which, as noted, are 

already covered by FAR section 

15.209(b)). 

For these reasons, the Department 

proposes to add section 615.209–70 to 

the DOSAR, requiring the contracting 

officer to insert a new clause, 

Examination of Records (proposed 

section 652.215–70), in all solicitations 

and contracts other than contracts by 

negotiation. 

Regulatory Findings 

Administrative Procedure Act 

In accordance with the provisions of 

the Administrative Procedure Act, the 

Department is publishing this 

rulemaking as a proposed rule, and 

providing 60 days for public comment. 

Regulatory Flexibility Act 

The Department of State, in 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), has 

reviewed this regulation and, by 

approving it, certifies that this proposed 

rule will not have a significant 

economic impact on small entities. This 

determination is based on the fact that 

this proposed rulemaking clarifies 

within the DOSAR the authority of the 

Department to examine contractor 

records, which is already provided by 

statute. 

Unfunded Mandates Act of 1995 

This proposed rule will not result in 

the expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any year and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Act of 1995. 

Executive Orders 12866 and 13563 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess 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 emphasized the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The 

Department of State does not consider 

this proposed rule to be an 

‘‘economically significant regulatory 

action’’ under Executive Order 12866. 

In addition, the Department is exempt 

from Executive Order 12866 except to 

the extent that it is promulgating 

regulations in conjunction with a 

domestic agency that are significant 

regulatory actions. The Department has 

nevertheless reviewed the regulation to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Orders and finds 

that the benefits of this proposed rule 

outweigh any costs, which the 

Department assesses to be minimal. As 

noted, this proposed rule does not 

impose any new requirements on 

contractors. 

Executive Order 13132 

The proposed rule 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. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

proposed rulemaking will not have 

sufficient federalism implications to 

require consultations or warrant the 

preparation of a federalism summary 

impact statement. 

Executive Order 13175 

The Department has determined that 

this proposed rulemaking will not have 

tribal implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this proposed 

rulemaking. 

Paperwork Reduction Act 

This proposed rule does not add or 

revise any information collection 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. chapter 35. 

List of Subjects in 48 CFR Parts 615 and 

652 

Administrative practice and 

procedure, Government procurement. 

For the reasons stated in the 

preamble, the Department of State 

proposes to amend 48 CFR chapter 6 as 

follows: 

PART 615—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for 48 CFR 

part 615 continues to read as follows: 

Authority: 22 U.S.C. 2651a, 40 U.S.C. 

121(c) and 48 CFR chapter 1. 

■ 2. Section 615.209–70 is added to read 

as follows: 

615.209–70 Examination of records. 

The contracting officer shall insert the 

clause at 652.215–70, Examination of 

Records, in all solicitations and 

contracts other than those described in 

Federal Acquisition Regulation 

15.209(b)(1). 

PART 652—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for 48 CFR 

part 652 continues to read as follows: 

Authority: 22 U.S.C. 2651a, 40 U.S.C. 

121(c) and 48 CFR chapter 1. 

■ 4. Section 652.215–70 is added to read 

as follows: 

652.215–70 Examination of Records. 

As prescribed in 615.209–70, insert 

the following clause. 

Examination of Records ([ABBREVIATED 

MONTH AND YEAR 30 DAYS AFTER DATE 

OF PUBLICATION OF FINAL RULE]) 

(a) With respect to matters related to this 

contract or a subcontract hereunder, the 

Department of State Office of the Inspector 

General, or an authorized representative, 

shall have upon request: 

(1) Complete, prompt, and free access to all 

Contractor and Subcontractor files (in any 

format), documents, records, data, premises, 

and employees, except as limited by law; and 

(2) The right to interview any current 

Contractor and Subcontractor personnel, 

individually and directly, with respect to 

such matters. 

(b) This clause may not be construed to 

require the contractor or any subcontractor to 

create or maintain any record that the 

contractor or subcontractor does not maintain 

in the ordinary course of business or 

pursuant to a provision of law. 

(c) The Contractor shall insert a clause 

containing all the terms of this clause, 

including this paragraph (c), in all 

subcontracts under this contract other than 

acquisitions described in Federal Acquisition 

Regulation 15.209(b)(1). 

(End of clause) 

Zachary A. Parker, 

Director, U.S. Department of State. 

[FR Doc. 2021–13740 Filed 7–1–21; 8:45 am] 

BILLING CODE 4710–24–P 


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