Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Rules and Regulations 61567 

COLORADO—PM–10 

Designated area Designation 

date Type Classification date Type 

* * * * * * * 

Prowers County Lamar ......................................... 12/27/05 ............................................................................... Attainment 

* * * * * * * 

* * * * * 

[FR Doc. 05–21262 Filed 10–24–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1504, 1509, 1529, 1536, 

1537, and 1552 

[FRL–7986–2] 

Miscellaneous Revisions to EPAAR 

Clauses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: 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). Some 

EPAAR clauses will be revised and 

others will be removed. FAR clauses are 

available to provide coverage for the 

EPAAR clauses that are removed by this 

rule. 

DATES: This rule is effective on 

December 27, 2005 without further 

notice, unless EPA receives adverse 

comment by November 25, 2005. If we 

receive such comment, we will publish 

a timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. OARM–

2005–0004, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Agency Web site: http:// 

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the online 

instructions for submitting comments. 

• E-mail: oei.docket@epa.gov. 

• Surface Mail: EPA Docket Center, 

Environmental Protection Agency, 

Mailcode: 28221T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Attention Docket ID # No. OARM–2005–

0004. 

Instructions: Direct your comments to 

Docket ID No. OARM–2005–0004. 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.epa.gov/ 

edocket, 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 EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, 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 e-mail comment directly 

to EPA without going through 

EDOCKET or 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 

EDOCKET online or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the OEI Docket, EPA/DC, EPA 

West, Room B102, 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 OEI Docket is (202) 566–

1752. 

FOR FURTHER INFORMATION CONTACT: 

Tiffany Schermerhorn, Policy, Training 

and Oversight Division, Office of 

Acquisition Management, Mail Code 

3802R, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; e-mail address: 

schermerhorn.tiffany@epa.gov, 

telephone (202) 564–9902. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

This rule revises the Environmental 

Protection Agency Acquisition 

Regulation (EPAAR) to make 

administrative changes. EPA is 

publishing this rule without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comment. This 

rule does not impose any new 

requirements on Agency contractors. All 

changes are minor and are consistent 

with the FAR. 

II. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

It has been determined that this rule 

is not a ‘‘significant regulatory action’’

under the terms of Executive Order 

12866 and is therefore not subject to 

OMB review. 

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. This rule 

does not impose any new information 

61568 Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Rules and Regulations 

collection or other requirements on 

Agency contractors. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (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 impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations 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 today’s direct final rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This direct final rule will not 

impose any requirements 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. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. The rule imposes no 

enforceable duty on any State, local or 

tribal governments or the private sector. 

Thus, today’s 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 direct final 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. Thus, Executive 

Order 13132 does not apply to this rule. 

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 direct final rule 

does not have tribal implications, as 

specified in Executive Order 13175. It 

will not have substantial direct effects 

on tribal governments, or on the 

relationship between the Federal 

government and Indian tribes, as 

specified in Executive Order 13175. The 

direct final rule amends acquisition 

regulations that are administrative in 

nature. Thus, Executive Order 13175 

does not apply to this rule. 

G. Executive Order 13045 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks 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 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

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 risk. 

H. Executive Order 13211 (Energy 

Effects) 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (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 

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. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Rules and Regulations 61569 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. EPA welcomes 

comments on this aspect of the 

proposed rulemaking and, specifically, 

invites the public to identify 

potentially-applicable voluntary 

consensus standards and to explain why 

such standards should be used in this 

regulation. 

J. Submission to Congress and the 

General Accounting Office 

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 rule 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). This rule 

will be effective 60 days from date of 

publication. 

List of Subjects in 48 CFR Parts 1504, 

1509, 1529, 1535, 1536, 1537, and 1552 

Government procurement. 

Dated: October 6, 2005. 

John C. Gherardini, 

Acting Director, Office of Acquisition 

Management. 

■ For the reasons set forth in the 

Preamble, Chapter 15 of Title 48 Code 

of Federal Regulations, parts 1504, 1509, 

1529, 1536, 1537, and 1552 are 

amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 1504, 1509, 1529, 1536, 1537, and 

1552 continues to read as follows: 

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

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

PART 1504—ADMINISTRATIVE 

MATTERS 

1504.670 [Removed and reserved] 

■ 2. Remove and reserve section 

1504.670. 

PART 1509—CONTRACTOR 

QUALIFICATIONS 

■ 3. Revise section 1509.507–2(c) to 

read as follows: 

1509.507–2 Contract clause. 

* * * * * 

(c) The Contracting Officer shall 

include the clause at 1552.209–74 or its 

alternates in the following solicitations 

and contracts for Superfund work in 

excess of the simplified acquisition 

threshold and, as appropriate, in 

simplified acquisition procedures for 

Superfund work. The Contracting 

Officer shall include the clause at 

1552.209–74 in all Response Action 

Contract (RAC) solicitations and 

contracts, except Site Specific 

solicitations and contracts. The term 

‘‘RAC’’ in the Limitation of Future 

Contracting clauses includes not only 

RAC solicitations and contracts but 

other long term response action 

solicitations and contracts that provide 

professional architect/engineer, 

technical, and management services to 

EPA to support remedial response, 

enforcement oversight and non-time 

critical removal activities under the 

Comprehensive Environmental 

Response Compensation and Liability 

Act of 1980, as amended by the 

Superfund Amendments 

Reauthorization Act of 1986; and the 

Robert T. Stafford Natural Disaster Act 

pursuant to the Federal Response Plan 

and other laws to help address and/or 

mitigate endangerment to the public 

health, welfare or environment during 

emergencies and natural disasters, and 

to support States and communities in 

preparing for the responses to releases 

of hazardous substances. 

(1) Alternate I shall be used in all 

Emergency and Rapid Response 

Services (ERRS) solicitations and 

contracts, except site specific 

solicitations and contracts. The term 

‘‘ERRS’’ in the Limitation of Future 

Contracting clauses includes not only 

ERRS solicitations and contracts but 

other emergency response type 

solicitations and contracts that provide 

fast responsive environmental cleanup 

services for hazardous substances/ 

wastes/contaminants/material and 

petroleum products/oil. Environmental 

cleanup response to natural disasters 

and terrorist activities may also be 

required. ERRS pilot scale studies are 

included in the term ‘‘treatability 

studies.’’

(2) Alternate II shall be used in all 

Superfund Technical Assistance and 

Removal Team (START) solicitations 

and contracts. The term ‘‘START’’ in the 

Limitation of Future Contracting clauses 

include not only START solicitations 

and contracts but other site removal and 

technical support solicitations and 

contracts that include activities related 

to technical analyses in determining the 

nature and extent of contamination at a 

site and making recommendations 

regarding response technologies. 

(3) Alternate III shall be used in all 

Environmental Services Assistance 

Team (ESAT) solicitations and 

contracts. 

(4) Alternate IV shall be used in all 

Enforcement Support Services (ESS) 

solicitations and contracts. The term 

‘‘ESS’’ in the Limitation of Future 

Contracting clauses not only includes 

ESS solicitation and contracts but other 

enforcement support type solicitations 

and contracts that involve removal 

actions, mandatory notices to 

Potentially Responsible Parties (PRPs), 

penalty assessments, public comment 

periods, negotiations with PRPs, and 

statutes of limitations for pursuing cost 

recovery. The enforcement support 

services required under the contract 

may be conducted to support EPA 

enforcement actions under any 

environmental statute. 

(5) Alternate V shall be used in all 

Superfund Headquarters Support 

solicitations and contracts. The 

Contracting Officer is authorized to 

modify paragraph (c) of Alternate V to 

reflect any unique limitations applicable 

to the program requirements. 

(6) Alternate VI shall be used in all 

Site Specific solicitations and contracts. 

* * * * * 

PART 1529—TAXES 

1529.401–70 [Removed] 

■ 4. Remove section 1529.401–70. 

PART 1536—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

■ 5. Revise section 1536.602–2(a) to 

read as follows: 

1536.602–2 Establishment of evaluation 

boards. 

(a) The Environmental Protection 

Agency Architect-Engineer Evaluation 

Board is established as a central 

permanent Board located at 

Headquarters EPA under authority 

delegated to the Director, Office of 

Acquisition Management, which may be 

re-delegated. 

* * * * * 

PART 1537—SERVICE CONTRACTING 

1537.110 [Amended] 

■ 6. Remove section 1537.110(d) and 

redesignate paragraphs (e) through (g) as 

paragraphs (d) through (f). 

61570 Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Rules and Regulations 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1552.204–70 [Removed and reserved] 

■ 7. Remove and reserve section 

1552.204–70. 

■ 8. Section 1552.208–70 is amended by 

adding an ‘‘Incidental’’ definition after 

the definition of ‘‘Requirement’’ in 

paragraph (a), and revising the heading 

of the clause and paragraphs (b) and 

(d)(2) through (d)(4) to read as follows: 

1552.208–70 Printing. 

* * * * * 

Printing (Dec 2005) 

(a) * * * 

‘‘Incidental’’ means a draft and/or proofed 

document (not a final document) that is not 

prohibited from printing under EPA 

contracts. 

(b) Prohibition. (1) The contractor shall not 

engage in, nor subcontract for, any printing 

in connection with the performance of work 

under this contract. Duplication of more than 

5,000 copies of one page or more than 25,000 

copies of multiple pages in the aggregate per 

requirement constitutes printing. The intent 

of the printing limitation is to eliminate 

duplication of final documents. 

(2) In compliance with EPA Order 2200.4a, 

EPA Publication Review Procedure, the 

Office of Communications, Education, and 

Media Relations is responsible for the review 

of materials generated under a contract 

published or issued by the Agency under a 

contract intended for release to the public. 

(c) * * * 

(d) * * * 

(2) The contractor may perform a 

requirement involving the duplication of less 

than 5,000 copies of only one page, or less 

than 25,000 copies of multiple pages in the 

aggregate, using one color (black), such pages 

shall not exceed the maximum image size of 

103⁄4 by 141⁄4 inches, or 11 by 17 paper stock. 

Duplication services below these thresholds 

are not considered printing. If performance of 

the contract will require duplication in 

excess of these thresholds, contractors must 

immediately notify the contracting officer in 

writing. The contracting officer must obtain 

a waiver from the U.S. Congress Joint 

Committee on Printing if it is deemed 

appropriate to exceed the duplication 

thresholds. Duplication services of 

‘‘incidentals’’ in excess of the thresholds, are 

allowable. 

(3) The contractor may perform a 

requirement involving the multi-color 

duplication of no more than 100 pages in the 

aggregate using color copier technology, such 

pages shall not exceed the maximum image 

size of 103⁄4 by 141⁄4 inches, or 11 by 17 paper 

stock. Duplication services below these 

thresholds are not considered printing. If 

performance of the contract will require 

duplication in excess of these limits, 

contractors must immediately notify the 

contracting officer in writing. The contracting 

officer must obtain a waiver from the U.S. 

Congress Joint Committee on Printing. 

(4) The contractor may perform the 

duplication of no more than a total of 100 

diskettes or CD–ROM’s. Duplication services 

below these thresholds are not considered 

printing. If performance of the contract will 

require duplication in excess of these 

thresholds, contractors must immediately 

notify the contracting officer in writing. The 

contracting officer must obtain a waiver from 

the U.S. Congress Joint Committee on 

Printing. 

* * * * * 

■ 9. In section 1552.209–74, revise the 

clause heading; revise paragraphs (c) 

through (i) and remove paragraph (j), 

revise the heading and paragraph (d) of 

Alternate I; revise the heading and 

paragraph (d) of Alternate II; revise the 

headings of Alternate III and Alternate 

IV; revise the heading and paragraph (c) 

of Alternate V; and revise the heading 

and paragraphs (d) introductory text and 

(d)(1) of Alternate VI to read as follows: 

1552.209–74 Limitation of future 

contracting. 

* * * * * 

Limitation of Future Contracting (RAC) (Apr 

2004) 

* * * * * 

(c) The following applies when work is 

performed under this contract: Unless prior 

written approval is obtained from the 

cognizant EPA Contracting Officer, the 

Contractor, during the life of the work 

assignment, task order, or tasking document 

and for a period of five (5) years after the 

completion of the work assignment, task 

order, or tasking document, agrees not to 

enter into a contract with or to represent any 

party, other than EPA, with respect to: (1) 

Any work relating to CERCLA activities 

which pertain to a site where the Contractor 

previously performed work for EPA under 

this contract; or (2) any work that may 

jeopardize CERCLA enforcement actions 

which pertain to a site where the Contractor 

previously performed work for the EPA 

under this contract. 

(d) The Contractor and any subcontractors, 

during the life of this contract, shall be 

ineligible to enter into an EPA contract or a 

subcontract under an EPA contract, which 

supports EPA’s performance of Superfund 

Headquarters policy work including support 

for the analysis and development of 

regulations, policies, or guidance that govern, 

affect, or relate to the conduct of response 

action activities, unless otherwise authorized 

by the Contracting Officer. Examples of such 

contracts include, but are not limited to, 

Superfund Management and Analytical 

support contracts, and Superfund Technical 

and Analytical support contracts. 

(e) The Contractor agrees in advance that 

if any bids/proposals are submitted for any 

work that would require written approval of 

the Contracting Officer prior to entering into 

a contract subject to the restrictions of this 

clause, then the bids/proposals are submitted 

at the Contractor’s own risk. Therefore, no 

claim shall be made against the Government 

to recover bid/proposal costs as a direct cost 

whether the request for authorization to enter 

into the contract is denied or approved. 

(f) To the extent that the work under this 

contract requires access to proprietary or 

confidential business or financial data of 

other companies, and as long as such data 

remains proprietary or confidential, the 

Contractor shall protect such data from 

unauthorized use and disclosure. 

(g) The Contractor agrees to insert in each 

subcontract or consultant agreement placed 

hereunder, except for subcontracts or 

consultant agreements for nondiscretionary 

technical or engineering services, including 

treatability studies, well drilling, fence 

erecting, plumbing, utility hookups, security 

guard services, or electrical services, 

provisions which shall conform substantially 

to the language of this clause, including this 

paragraph (g) unless otherwise authorized by 

the Contracting Officer. The Contractor may 

request in writing that the Contracting Officer 

exempt from this clause a particular 

subcontract or consultant agreement for 

nondiscretionary technical or engineering 

services not specifically listed above, 

including laboratory analysis. The 

Contracting Officer will review and evaluate 

each request on a case-by-case basis before 

approving or disapproving the request. 

(h) If the Contractor seeks an expedited 

decision regarding its initial future 

contracting request, the Contractor may 

submit its request to both the Contracting 

Officer and the next administrative level 

within the Contracting Officer’s organization. 

(i) A review process available to the 

Contractor when an adverse determination is 

received shall consist of a request for 

reconsideration to the Contracting Officer or 

a request for review submitted to the next 

administrative level within the Contracting 

Officer’s organization. An adverse 

determination resulting from a request for 

reconsideration by the Contracting Officer 

will not preclude the contractor from 

requesting a review by the next 

administrative level. Either a request for 

review or a request for reconsideration must 

be submitted to the appropriate level within 

30 calendar days after receipt of the initial 

adverse determination. 

(End of Clause) 

Limitation of Future Contracting Alternate I 

(ERRS) (Apr 2004) 

* * * * * 

(d) During the life of this contract, 

including any options, the Contractor agrees 

that unless otherwise authorized by the 

Contracting Officer: 

(1) It will not provide any Superfund 

Technical Assistance and Removal Team 

(START); type activities (e.g., START 

contracts) to EPA within the Contractor’s 

ERRS assigned geographical area(s), either as 

a prime contractor, subcontractor, or 

consultant. 

(2) It will not provide any START type 

activities (e.g., START contracts) to EPA as 

a prime contractor, subcontractor or 

consultant at a site where it has performed 

or plans to perform ERRS work. 

(3) It will be ineligible for award of START 

type activities contracts for sites within its 

respective ERRS assigned geographical 

Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Rules and Regulations 61571 

1The Norman Y. Mineta Research and Special 

Programs Improvement Act (Pub. L. 108–426, 118; 

November 30, 2004) reorganized RSPA into two 

new DOT administrations: the Pipeline and 

Hazardous Materials Safety Administration 

(PHMSA) and the Research and Innovative 

Technology Administration. RSPA’s regulatory 

authority over pipeline and hazardous materials 

safety was transferred to PHMSA. 

2The standard on external corrosion direct 

assessment § 192.925) requires operators to 

integrate data on physical characteristics and 

operating history, conduct indirect aboveground 

inspections, directly examine pipe surfaces, and 

evaluate the effectiveness of the assessment process. 

Under the standard for direct assessment of internal 

corrosion (§ 192.927), operators must predict 

locations where electrolytes may accumulate in 

normally dry-gas pipelines, examine those 

locations, and validate the assessment process. The 

standard for direct assessment of stress corrosion 

cracking (§ 192.929) involves collecting data 

relevant to stress corrosion cracking, assessing the 

risk of pipeline segments, and examining and 

evaluating segments at risk. 

area(s) which result from a CERCLA 

administrative order, a CERCLA or RCRA 

consent decree or a court order. 

* * * * * 

Limitation of Future Contracting Alternate II 

(Start) (Apr 2004) 

* * * * * 

(d) During the life of this contract, 

including any options, the Contractor agrees 

that unless otherwise authorized by the 

Contracting Officer: 

(1) It will not provide to EPA cleanup 

services (e.g., Emergency and Rapid 

Response Services (ERRS) contracts) within 

the Contractor’s START assigned 

geographical area(s), either as a prime 

Contractor, subcontractor, or consultant. 

(2) Unless an individual design for the site 

has been prepared by a third party, it will not 

provide to EPA as a prime contractor, 

subcontractor or consultant any remedial 

construction services at a site where it has 

performed or plans to perform START work. 

This clause will not preclude START 

contractors from performing construction 

management services under other EPA 

contracts. 

(3) It will be ineligible for award of ERRS 

type activities contracts for sites within its 

respective START assigned geographical 

area(s) which result from a CERCLA 

administrative order, a CERCLA or RCRA 

consent decree or a court order. 

* * * * * 

Limitation of Future Contracting Alternate 

III (ESAT) (Apr 2004) 

* * * * * 

Limitation of Future Contracting Alternate 

IV (TES) (Apr 2004) 

* * * * * 

Limitation of Future Contracting Alternate V 

(Headquarters Support) (Apr 2004) 

* * * * * 

(c) The Contractor, during the life of this 

contract, will be ineligible to enter into a 

contract with EPA to perform response action 

work (e.g., Response Action Contract (RAC), 

Emergency and Rapid Response Services 

(ERRS), Superfund Technical Assistance and 

Removal Team (START), and Enforcement 

Support Services (ESS) contracts), unless 

otherwise authorized by the Contracting 

Officer. 

* * * * * 

Limitation of Future Contracting Alternate 

VI (Site Specific) (Apr 2004) 

* * * * * 

(d) During the life of this contract, 

including any options, the Contractor agrees 

that unless otherwise authorized by the 

Contracting Officer: 

(1) It will not provide any Superfund 

Technical Assistance and Removal Team 

(START) type activities (e.g., START 

contracts) to EPA on the site either as a prime 

contractor, subcontractor, or consultant. 

* * * * * 

1552.215–76 [Removed and reserved] 

■ 10. Remove and reserve section 

1552.215–76. 

1552.229–70 [Removed and reserved] 

■ 11. Remove and reserve section 

1552.229–70. 

1552.237–73 [Removed and reserved] 

■ 12. Remove and reserve section 

1552.237–73. 

[FR Doc. 05–21196 Filed 10–24–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 192 and 195 

[Docket No. RSPA–04–16855; Amdt. 192–

101 and 195–85] 

RIN 2137—AD97 

Pipeline Safety: Standards for Direct 

Assessment of Gas and Hazardous 

Liquid Pipelines 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: Under current regulations 

governing integrity management of gas 

transmission lines, if an operator uses 

direct assessment to evaluate corrosion 

risks, it must carry out the direct 

assessment according to PHMSA 

standards. In response to a statutory 

directive, this Final Rule prescribes 

similar standards operators must meet 

when they use direct assessment on 

certain other onshore gas, hazardous 

liquid, and carbon dioxide pipelines. 

PHMSA believes broader application of 

direct assessment standards will 

enhance public confidence in the use of 

direct assessment to assure pipeline 

safety. 

DATES: This Final Rule takes effect 

November 25, 2005. Incorporation by 

reference of NACE Standard RP0502–

2002 in this rule is approved by the 

Director of the Federal Register as of 

November 25, 2005. 

FOR FURTHER INFORMATION CONTACT: L.M. 

Furrow by phone at 202–366–4559, by 

fax at 202–366–4566, by mail at U.S. 

Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590, or by e-mail at 

buck.furrow@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This Final Rule concerns direct 

assessment, a process of managing the 

effects of external corrosion, internal 

corrosion, or stress corrosion cracking 

on pipelines made primarily of steel or 

iron. The process involves data 

collection, indirect inspection, direct 

examination, and evaluation. Operators 

use direct assessment not only to find 

existing corrosion defects but also to 

prevent future corrosion problems. 

Congress recognized the advantages of 

using direct assessment on U.S. 

Department of Transportation (DOT) 

regulated gas, hazardous liquid, and 

carbon dioxide pipeline facilities. 

Section 14 of the Pipeline Safety 

Improvement Act of 2002 (Pub. L. 107–

355; Dec. 17, 2002) directs DOT to issue 

regulations on using internal inspection, 

pressure testing, and direct assessment 

to manage the risks to gas pipeline 

facilities in high consequence areas. In 

addition, Section 23 directs DOT to 

issue regulations prescribing standards 

for inspecting pipeline facilities by 

direct assessment. 

In response to the first statutory 

directive, Section 14, DOT’s Research 

and Special Programs Administration 

(RSPA) 1 published regulations in 49 

CFR part 192, subpart O, that require 

operators to follow detailed programs to 

manage the integrity of gas transmission 

line segments in high consequence 

areas. Subpart O also requires an 

operator electing to use direct 

assessment in its integrity management 

program, to carry out the direct 

assessment according to § § 192.925, 

192.927, and 192.929, as appropriate.2

Sections 192.925, 192.927, and 

192.929 cross-reference the American 

Society of Mechanical Engineers’

(ASME), ASME B31.8S–2001, 

‘‘Managing System Integrity of Gas 

Pipelines.’’ ASME B31.8S–2001 

describes a comprehensive process to 

assess and mitigate the likelihood and 

consequences of gas pipeline risks. In 

addition, § 192.925 cross-references a