7478 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Rules and Regulations 

requirements contained in 47 CFR 

73.1216, as amended in the 

Commission’s Report and Order, FCC 

15–118. Under 5 CFR part 1320, an 

agency may not conduct or sponsor a 

collection of information unless it 

displays a current, valid OMB Control 

Number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1209. 

The foregoing notification is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1209. 

OMB Approval Date: February 3, 

2016. 

OMB Expiration Date: February 28, 

2019. 

Title: Section 73.1216, LicenseeConducted Contests. 

Form Number: None. 

Respondents: Business or other forprofit entities; Not-for-profit 

institutions. 

Number of Respondents and 

Responses: 20,732 respondents; 20,732 

responses. 

Estimated Time per Response: 0.1–9 

hours. 

Frequency of Response: On occasion 

reporting requirement, Third party 

disclosure requirement; Recordkeeping 

requirement. 

Obligation to Respond: Required in 

order to monitor regulatory compliance. 

The statutory authority for this 

collection of information is contained in 

Sections 1, 4 and 303 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 122,854 hours. 

Total Annual Cost: $6,219,300. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: The Commission’s 

amendments to its ‘‘Contest Rule’’ 

permit broadcast licensees to comply 

with their obligation to disclose material 

contest terms either by broadcasting 

those terms or by making them available 

in writing on a publicly accessible 

Internet Web site. The Commission’s 

rule amendments also define the 

disclosure obligation in cases where a 

licensee has chosen to meet that 

obligation through an Internet Web site. 

The information collection requirements 

afford broadcasters more flexibility in 

the manner of their compliance with the 

Contest Rule while giving consumers 

improved access to important contest 

information. 

Federal Communications Commission. 

Gloria J. Miles, 

Federal Register Liaison Officer, Office of the 

Secretary. 

[FR Doc. 2016–02900 Filed 2–11–16; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF AGRICULTURE 

48 CFR Parts 436 and 452 

RIN 0599–AA21 

Agriculture Acquisition Regulation, 

Fire Suppression and Liability 

AGENCY: Office of Procurement and 

Property Management, U.S. Department 

of Agriculture 

ACTION: Final rule. 

SUMMARY: The Office of Procurement 

and Property Management (OPPM) of 

the U.S. Department of Agriculture 

(USDA) amends the Agriculture 

Acquisition Regulation (AGAR) by 

adding a new clause entitled ‘‘Fire 

Suppression and Liability.’’ Section 

8205 of the Agricultural Act of 2014 

(2014 Act) provided the USDA Forest 

Service with permanent authority for 

Stewardship End Result Contracting by 

adding a new Section 604 to the Healthy 

Forests Restoration Act of 2003. Section 

8205 contains a requirement that the 

agency use a fire liability provision in 

all stewardship contracts and 

agreements that is in substantially the 

same form as the fire liability provisions 

contained in the integrated resource 

timber contract in Forest Service 

Contract Numbered 2400–13, Part H, 

Section H.4. This final rule establishes 

a new clause in the AGAR, the USDA 

supplement to the Federal Acquisition 

Regulation (FAR), for use in Integrated 

Resource Service Contracts (IRSC) 

subject to the FAR. This new AGAR 

clause addresses fire liability on 

stewardship contracts as required in the 

2014 Agricultural Act. 

DATES: Effective March 14, 2016. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ismaela Ramirez, Senior Procurement 

Analyst, USDA, Office of Procurement 

and Property Management at (202) 730– 

7997. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Background 

III. Discussion of Comments 

IV. Summary of the Comments 

V. Regulatory Information 

List of Subjects 

I. Authority 

The enactment of Section 8205 of the 

Agricultural Act of 2014 (Pub. L. 113– 

79) establishes permanent authority to 

conduct Stewardship End Result 

Contracting projects by adding a new 

Section 604 to the Healthy Forests 

Restoration Act of 2003 (HFRA) (16 

U.S.C. 6591c). Section 8205 of the 2014 

Agricultural Act contains a requirement 

that the agency use a fire liability 

provision in all stewardship contracts 

and agreements that is in substantially 

the same form as the fire liability 

provisions contained in the integrated 

resource timber contract in Forest 

Service Contract Numbered 2400–13, 

Part H, Section H.4 and timber sale 

contracts conducted pursuant to Section 

14 of the National Forest Management 

Act of 1976 (16 U.S.C. 472a). 

II. Background 

Beginning in 1998 with the enactment 

of Section 347 of the Department of the 

Interior and Related Agencies 

Appropriation Act, 1999, the Forest 

Service has been authorized to carry out 

Stewardship End Result Contracting 

Projects; first on a pilot basis and then, 

through a succession of subsequent 

amendments, this authority was 

expanded. The enactment of Section 

8205 of the Agricultural Act of 2014 sets 

forth the permanent authority for 

conducting Stewardship End Resulting 

Contracting Projects by adding a new 

Section 604 to the Healthy Forests 

Restoration Act of 2003. Section 8205 

contains a provision that ‘‘not later than 

90 days after the date of enactment of 

this section, the Chief of the Forest 

Service and the Director of the Bureau 

of Land Management shall issue for use 

in all contracts and agreements under 

this section fire liability provisions that 

are in substantially the same form as the 

fire liability provisions contained in— 

(A) integrated resource timber contracts, 

as described in the Forest Service 

Contract Numbered 2400–13, Part H, 

Section H.4; and (B) timber sale 

contracts conducted pursuant to Section 

14 of the National Forest Management 

Act of 1976 (16 U.S.C. 472a).’’ 

This final rule establishes a new 

AGAR clause for use in stewardship 

contracts subject to the FAR. This clause 

addresses fire liability on Stewardship 

End Result Contracting, as required in 

the 2014 Agricultural Act. The text of 

the clause is closely specified in the 

law. 

III. Discussion of Comments 

USDA solicited comments on the 

interim rule on May 22, 2014. USDA 

received two comments at the end of the 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Rules and Regulations 7479 

posted comment period on June 23, 

2014. 

Both comments were received from 

the Federal Forest Resource Coalition 

(FFRC), a national trade association 

comprised of large and small 

companies, regional and state 

associations, county governments, and 

others concerned about the management 

of our National Forests and the 

landscape covered by Bureau of Land 

Management. 

Both comments recommend changes 

to add clarity and consistency to the 

language in the regulations. The 

comments suggest that USDA follow the 

requirement of implementing a liability 

clause for IRSC contracts that mirrored 

Integrated Resource Timber Contracts 

(IRTC). The comments from FFRC are 

presented below, along with USDA’s 

responses and are grouped by the Code 

of Federal Regulations (CFR) section 

numbers to which they apply. 

48 CFR 436.578 

Comment (1) In Section 436.578, we 

recommend that you delete ‘‘as 

applicable’’. Section 8205 of the 

Agricultural Act of 2014 states that 

‘‘. . . the Chief and Director shall issue 

for use in all [emphasis added] contracts 

and agreements under this section fire 

liability provisions . . .’’ 

48 CFR 452.236–78 

Comment (2) In Section 452.236–78, 

we recommend that you change ‘‘may 

be inserted’’ to ‘‘shall be inserted’’. 

Again, Section 8205 of the Agricultural 

Act of 2014 states that ‘‘. . . the Chief 

and Director shall issue for use in all 

[emphasis added] contracts and 

agreements under this section fire 

liability provisions . . .’’ 

Response: FFRC stated that the plain 

language in Section 8205 of the 

Agricultural Act of 2014 (Pub. L. 113– 

79) makes clear that Congress intended 

the fire liability provisions to be nondiscretionary, both for the issuance of 

the provision and its use in all 

contracts. However, they believe that 

the language in the Interim Rule 

conveys discretion that is not found in 

the statute. The Forest Service agrees 

with both comments and will amend the 

CFR to read as follows: ‘‘the Chief shall 

issue for use in all contracts and 

agreements under this section fire 

liability provisions that are in 

substantially the same form (16 U.S.C. 

472a) for all IRSC solicitations issued 

after May 22, 2014. Contracts and 

agreements in effect on May 22, 2014, 

are not eligible to insert this provision.’’ 

The Forest Service believes the 

aforementioned statement in response to 

the two comments reflects the intention 

of the Farm Bill with regards to 

implementing a fire liability clause for 

Integrated Resources Services Contracts 

that mirrors current Timber Sales 

Contracts. This creates the same fire 

liability for all Forest Service 

stewardship contract types. 

IV. Summary of the Comments 

As a result of public comments 

received on the interim rule, USDA will 

amend the CFR to add clarity and 

consistency that reflects the intention of 

the Farm Bill with regard to 

implementing a fire liability clause for 

IRSCs that mirrors current Timber Sales 

Contracts. 

V. Regulatory Information 

Regulatory Flexibility Act 

USDA certifies that this final rule will 

not have a significant impact on a 

substantial number of small entities, as 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq. There is no 

additional submission required as a 

result of this action. The rule will not 

have a significant impact on the small 

business community or on a substantial 

number of small businesses. 

Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the final rule does not 

impose any record keeping or 

information collection requirements that 

require approval by the Office of 

Management and Budget. 

Environmental Impact 

The USDA has determined that this 

final rule falls within this category of 

actions and that no extraordinary 

circumstances exist that would require 

preparation of an environmental 

assessment or environmental impact 

statement. 

Regulatory Impact 

This final rule has been reviewed 

under USDA procedures and Executive 

Order 12866 on Regulatory Planning 

and Review. It has been determined that 

this is not a significant rule. This rule 

would not have an annual effect of $100 

million or more on the economy, nor 

would it adversely affect productivity, 

competition, jobs, the environment, 

public health and safety, or State or 

local governments. This final rule 

would not interfere with an action taken 

or planned by another agency, nor raise 

new legal or policy issues. Finally, this 

final rule would not alter the budgetary 

impact of entitlement, grant, user fee, or 

loan programs or the rights and 

obligations of beneficiaries of such 

programs. Accordingly, this final rule is 

not subject to Office of Management and 

Budget (OMB) review under Executive 

Order (E.O.) 12866. 

No Takings Implications 

The USDA has analyzed this final rule 

in accordance with the principles and 

criteria contained in E.O. 12630 and 

determined that the rule would not pose 

the risk of a taking of private property. 

Civil Justice Reform Act 

The USDA has reviewed this final 

rule under E.O. 12778, Civil Justice 

Reform. Under this rule, (1) all State and 

local laws and regulations that conflict 

with this rule or that impede its full 

implementation would be preempted; 

(2) no retroactive effect would be given 

to this final rule; and (3) it would 

require administrative proceedings 

before parties may file suit in court 

challenging its provisions. 

Federalism and Consultation and 

Coordination With Indian Tribal 

Governments 

The USDA has considered this final 

rule under the requirements of E.O. 

13132 on Federalism and has 

determined that this rule conforms to 

the Federalism principles in the E.O. 

The rule would not impose any 

compliance costs on the States; and 

would not have any substantial direct 

effects on the States, the relationship 

between the Federal Government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. Moreover, this 

final rule does not have tribal 

implications as defined by E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, and 

therefore advance consultation with 

tribes is not required. 

Energy Effects 

The USDA has reviewed this final 

rule under E.O. 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or use and has determined 

that this rule would not constitute a 

significant energy action as defined in 

the E.O. 

Unfunded Mandates Reform 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), the USDA assessed the 

effects of this final rule on State, local, 

and tribal governments and the private 

sector. This rule would not compel the 

expenditure of $100 million or more by 

State, local, and tribal governments, or 

by the private sector. Therefore, a 

statement under Section 202 of the Act 

is not required. 


srobinson on DSK5SPTVN1PROD with RULES
7480 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Rules and Regulations 

List of Subjects 48 CFR Parts 436 and 

452 

Government procurement. 

For the reasons set forth in the 

preamble, the U.S. Department of 

Agriculture amends 48 CFR Chapter 4, 

in the following manner: 

PART 436—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

■ 1. The authority citation for part 436 

is revised to read as follows: 

Authority: 5 U.S.C. 301 and 40 U.S.C. 

121(c) 

■ 2. Section 436.578 is revised to read 

as follows: 

436.578 Contract clause. 

Insert the clause at 452.236–78, Fire 

Suppression and Liability in 

solicitations and contracts for Integrated 

Resource Service Contracts (IRSC) 

awarded for the Forest Service. 

PART 452—SOLICITATION PROVISION 

AND CONTRACT CLAUSES 

■ 3. The authority citation for part 452 

is revised to read as follows: 

Authority: 5 U.S.C. 301 and 40 U.S.C. 

121(c) 

■ 4. Section 452.236–78 is revised to 

read as follows: 

452.236–78 Fire Suppression and Liability. 

As prescribed in section 436.578, the 

following clause shall be inserted in 

Intergrated Resource Service Contracts 

(IRSC) awarded for the Forest Service. 

Fire Suppression and Liability Clause 

(a) Contractor’s Responsibility for Fire 

Fighting. The Contractor, under the 

provisions of FAR clause at 52.236–9, 

Protection of Existing Vegetation, 

Structures, Equipment, Utilities, and 

Improvements, shall immediately 

extinguish all fires on the work site 

other than those fires in use as a part of 

the work. The Contractor may be held 

liable for all damages and for all costs 

incurred by the Government for labor, 

subsistence, equipment, supplies, and 

transportation deemed necessary to 

control or suppress a fire set or caused 

by the Contractor or the Contractor’s 

agents or employees subject to the 

following fire classifications listed in 

subsection (b). 

(b) Fire Suppression Costs. The 

Contractor’s obligations for cost of fire 

suppression vary according to three 

classifications of fires as follows: 

(1) Operations Fire. An ‘‘operations 

fire’’ is a fire caused by the Contractor’s 

operations other than a negligent fire. 

The Contractor agrees to reimburse 

Forest Service for such cost for each 

operations fire, subject to a maximum 

dollar amount of [Contracting Officer 

insert amount]. The cost of the 

Contractor’s actions, supplies, and 

equipment on any such fire, or 

otherwise provided at the request of 

Forest Service, shall be credited toward 

such maximum. If the Contractor’s 

actual cost exceeds contractor’s 

obligation stated above, Forest Service 

shall reimburse the contractor for the 

excess. 

(2) Negligent Fire. A ‘‘negligent fire’’ 

is a fire caused by the negligence or 

fault of the Contractor’s operations 

including, but not limited to, one 

caused by smoking by persons engaged 

in the Contractor’s operations during the 

course of their employment, or during 

rest or lunch periods; or if the 

Contractor’s failure to comply with 

requirements under this contract results 

in a fire starting, or permits a fire to 

spread. Damages and the cost of 

suppressing negligent fires shall be 

borne by the Contractor. 

(3) Other Fires on Contract Area. 

Forest Service shall pay the Contractor, 

at firefighting rates common in the area 

or at prior agreed rates, for equipment 

or personnel furnished by the 

Contractor at the request of Forest 

Service, on any fire on contract area 

other than an operations fire or a 

negligent fire. 

(c) Contractor’s Responsibility for 

Notification in Case of Fire. The 

Contractor shall immediately notify the 

Government of any fires sighted on or in 

the vicinity of the work site. 

(d) Contractor’s Responsibility for 

Responding to Emergencies. When 

directed by the Contracting Officer, the 

Contractor shall temporarily redirect 

employees and equipment from the 

work site for emergency work 

(anticipated to be restricted to 

firefighting). This is considered to be 

within the general scope of the contract. 

An equitable adjustment for any such 

redirection of employees and equipment 

will be made under the FAR clause at 

52.243–4, Changes. 

(e) Performance by the Contractor. 

Where the Contractor’s employees, 

agents, contractors, subcontractors, or 

their employees or agents perform the 

Contractor’s operations in connection 

with fire responsibilities, the 

Contractor’s obligations shall be the 

same as if performance was by 

Contractor. 

(f) State Law. The Contractor shall not 

be relieved by the terms of this contract 

of any liability to the United States for 

fire suppression costs recovered in an 

action based on State law, except for 

such costs resulting from operations 

fires. Amounts due to the Contractor for 

firefighting expenditures on operations 

fires shall not be withheld pending 

settlement of any such claim or action 

based on State law. 

(End of Clause) 

Dated: February 4, 2016. 

Gregory L. Parham, 

U.S. Department of Agriculture, Assistant 

Secretary for Administration. 

[FR Doc. 2016–02745 Filed 2–11–16; 8:45 am] 

BILLING CODE 3410–TX–P 


srobinson on DSK5SPTVN1PROD with RULES