[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Rules and Regulations]
[Pages 33016-33024]
[FR Doc No: 2017-14828]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1501, 1504, 1509, 1515, 1516, 1517, 1519, 1535, 1552
and 1553

[EPA-HQ-OARM-2017-0126; FRL 9960-62-OARM]

Administrative Amendments to Environmental Protection Agency
Acquisition Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a final
rule to amend the Environmental Protection Agency Acquisition
Regulation (EPAAR) to make administrative updates, corrections and
minor edits. EPA does not anticipate any adverse comments.

DATES: This rule is effective on September 18, 2017 without further
notice, unless EPA receives adverse comment by August 18, 2017. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2017-0126, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Julianne Odend'hal, Office of
Acquisition Management (Mail Code 3802R), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone

number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. The EPAAR is being amended to make administrative changes
including updates, corrections and minor edits. None of these changes
are substantive or of a nature to cause any significant expense for EPA
or its contractors. If EPA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. Any parties interested in commenting must do
so at this time.

II. Does this action apply to me?

    This action applies to contractors who have or wish to have
contracts with the EPA.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

IV. Background

    EPAAR Parts 1501, 1504, 1509, 1515, 1516, 1517, 1519, 1535, 1552
and 1553 are being amended to make administrative changes including
updates, corrections and minor edits.

V. Final Rule

    This direct final rule amends the EPAAR to make the following
changes: (1) EPAAR 1501.603-1 is amended to remove outdated policy
reference ``chapter 8 of the EPA ``Contracts Management Manual'' '' and
to add in its place ``the EPA Acquisition Guide (EPAAG) subsection
1.6.4''; (2) EPAAR 1504.804-5 is amended to remove outdated policy
reference ``Unit 42 of the EPA Acquisition Handbook'' and to add in its
place ``the EPA Acquisition Guide (EPAAG) subsection 4.8.1''; (3) EPAAR
1509.507-1(a)(1) is amended to clarify the FAR reference by removing
``(FAR) 48 CFR'' and adding in its place ``FAR''; (4) EPAAR 1515.404-
473(a) is amended to remove ``except those identified in EPAAR (48 CFR)
1516.404-273(b)'' and to add in its place ``except those otherwise
identified in the EPAAR'' because the EPAAR reference no longer exists;
(5) EPAAR 1516.301-70 is amended to clarify the FAR reference by
removing ``48 CFR'' and adding in its place ``in FAR''; (6) EPAAR
1516.406(b) is amended to correct the EPAAR reference by removing
``clause'' and adding in its place ``provision''; (7) EPAAR 1517.208 is
amended to include a prescription for 48 CFR 1552.217-70 by adding a
new paragraph (a) stating that the Contracting Officer shall insert the
provision at 1552.217-70, Evaluation of Contract Options, in
solicitations containing options, and re-designating existing
paragraphs (a) through (g) as paragraphs (b) through (h); (8) EPAAR
part 1519 is amended to correct an office title by removing ``Office of
Small Business Programs (OSBP)'' and ``OSBP'', and adding in their
place ``Office of Small and Disadvantaged Business Utilization
(OSDBU)'' and ``OSDBU'' respectively wherever they appear in part 1519;
(9) EPAAR 1535.007(a), (b) and (c) are amended to clarify the EPAAR
references by adding ``the provision at''; (10) EPAAR 1552.209-71
Alternate I introductory text is amended to add ``(SEP 1998)''; (11)
EPAAR 1552.209-73 Alternate I introductory text is amended to add
``(JAN 2015)''; (12) EPAAR 1552.211-74 Alternate I and II introductory
texts are amended to add ``(APR 1984)'' and Alternate III and IV
introductory texts are amended to add ``(DEC 2014)''; (13) EPAAR
1552.216-72 Alternate I introductory text is amended to add ``(JUL
2014)''; (14) EPAAR 1552.216-75 introductory text and the ending text
are amended to correct the EPAAR references by removing ``clause'' and
adding in their place ``provision''; (15) EPAAR 1552.217-76 clause
title is amended to add ``(MAR 1984)''; (16) EPAAR 1552.217-77
introductory text is amended by removing ``1517.208(g)'' and adding in
its place ``1517.208(h)''; (17) EPAAR 1552.219-70(b) and (d) are
amended to correct an office title by removing ``Office of Small
Business Programs (OSBP)'' and ``OSBP'', and adding in their place
``Office of Small and Disadvantaged Business Utilization (OSDBU)'' and
``OSDBU'' respectively; (18) EPAAR 1552.219-71(f)(2)(v) and (k) are
amended to correct an office title by removing ``Office of Small
Business Programs (OSBP)'' and adding in its place ``Office of Small
and Disadvantaged Business Utilization (OSDBU)'', and 1552.219-71(k) is
amended to update the address to Office of Small and Disadvantaged
Business Utilization, U.S. Environmental Protection Agency, William
Jefferson Clinton North Building, Mail Code 1230A, 1200 Pennsylvania
Avenue NW., Washington, DC 20450, Telephone:<PHONE_NUMBER>, Fax: (202)
566-0266; (19) EPAAR 1552.223-71 is amended by removing the following
Web site addresses: ``http://www.epa.gov/oppt/greenmeetings/'',
``(http://www.epa.gov/greenpower/join/purchase.htm)'', ``http://
www.epa.gov/epawaste/conserve/smm/wastewise/'', ``http://www.epa.gov/
foodrecoverychallenge/'', and ``http://www.epa.gov/dfe/'' and adding
the following addresses to replace them respectively: ``https://www.epa.gov/p2/green-meetings'', ``https://www.epa.gov/greenpower/green-power-partnership-basic-program-information'', ``https://www.epa.gov/smm/wastewise'', ``https://www.epa.gov/sustainable-management-food/food-recovery-challenge-frc'', and ``https://www.epa.gov/saferchoice/history-safer-choice-and-design-environment'';
(20) EPAAR 1552.227-76 Alternate I introductory text is amended to add
``(JAN 2015)''; (21) EPAAR 1552.242–70(a) is amended to update

the address to U.S. Environmental Protection Agency, Manager, Financial
Analysis and Oversight Service Center, Mail Code 3802R, Policy,
Training, and Oversight Division, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; and (22) EPAAR 1553.213 is amended to remove
``1553.213 Small purchases and other simplified purchase procedures.''
and to add in its place ``1553.213 Simplified acquisition procedures.''
to conform to the FAR.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget (OMB) because it is limited to matters of agency organization.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the PRA because it does not contain any information collection
activities.

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.

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action amends the EPAAR to make
administrative changes including updates, corrections, and minor edits.
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action. In the spirit of Executive
Order 13175, and consistent with EPA policy to promote communication
between EPA and Tribal governments, EPA specifically solicits
additional comment on this rule from Tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, (February 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.

K. Congressional Review

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of agency organization, procedure, or practice that does
not substantially affect the rights or obligations of non-agency
parties.

List of Subjects in 48 CFR Parts 1501, 1504, 1509, 1515, 1516,
1517, 1519, 1535, 1552 and 1553

    Government procurement.

    Dated: May 22, 2017.
Kimberly Y. Patrick,
Director, Office of Acquisition Management.

    For the reasons stated in the preamble, 48 CFR parts 1501, 1504,
1509, 1515, 1516, 1517, 1519, 1535, 1552 and 1553 are amended as set
forth below:

PART 1501--GENERAL

0
1. The authority citation for part 1501 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.

0
2. Revise section 1501.603-1 to read as follows:

1501.603-1  General.

    EPA Contracting Officers shall be selected and appointed and their
appointments terminated in accordance with the Contracting Officer
warrant program specified in EPA Acquisition Guide (EPAAG) subsection
1.6.4.

PART 1504--ADMINISTRATIVE MATTERS

0
3. The authority citation for part 1504 continues to read as follows:

    Authority:  5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); 41 U.S.C. 418b.

0
4. Revise section 1504.804-5 to read as follows:

1504.804-5  Detailed procedures for closing out contract files.

    In addition to those procedures set forth in FAR 4.804-5, the
contracting office shall, before final payment is made under a cost
reimbursement type contract, verify the allowability, allocability, and
reasonableness of costs claimed. Verification of total costs incurred
should be obtained from the Office of Audit through the Financial
Analysis and Oversight Service Center in the form of a final audit
report. Similar verification of actual costs shall be made for other
contracts when cost incentives, price redeterminations, or cost-
reimbursement elements are involved. Termination settlement proposals
shall be submitted to the Financial Analysis and Oversight Service
Center for review by the Office of Audit as prescribed by FAR 49.107.
All such audits will be coordinated through the cost advisory group in
the contracting office. Exceptions to these procedures are the quick
close-out procedures as described in FAR 42.708 and EPA Acquisition
Guide (EPAAG) subsection 4.8.1.

PART 1509--CONTRACTOR QUALIFICATIONS

0
5. The authority citation for part 1509 continues to read as follows:

     Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).

0
6. Amend section 1509.507-1 by revising paragraph (a)(1) to read as
follows:

1509.507-1  Solicitation provisions.

    (a) * * *
    (1) Include the information prescribed in FAR 9.507-1;
* * * * *

PART 1515--CONTRACTING BY NEGOTIATION

0
7. The authority citation for part 1515 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.

0
8. Amend section 1515.404-473 by revising paragraph (a) to read as
follows:

1515.404-473  Limitations.

    (a) In addition to the limitations established by statute (see FAR
15.404-4(b)(4)(i)), no administrative ceilings on profits or fees shall
be established, except those otherwise identified in the EPAAR.
* * * * *

PART 1516--TYPES OF CONTRACTS

0
9. The authority citation for part 1516 continues to read as follows:

    Authority:  5 U.S.C. 301 and 41 U.S.C. 418b.

0
10. Revise section 1516.301-70 to read as follows:

1516.301-70  Payment of fee.

    The policy of EPA for cost-reimbursement, term form contracts is to
make provisional payment of fee (i.e. the fixed fee on cost-plus-fixed-
fee type contracts or the base fee on cost-plus-award-fee type
contracts) on a percentage of work completed basis, when such a method
will not prove detrimental to proper contract performance. Percentage
of work completed is the ratio of the direct labor hours performed in
relation to the direct labor hours set forth in the contract in clause
48 CFR 1552.211-73, Level of Effort--Cost Reimbursement Contract.
Provisional payment of fee will remain subject to withholding
provisions, such as in FAR 52.216-8, Fixed Fee.

0
11. Amend section 1516.406 by revising paragraph (b) to read as
follows:

1516.406  Contract clauses.

* * * * *
    (b) The Contracting Officer shall insert the provision at 48 CFR
1552.216-75, Base Fee and Award Fee Proposal, in all solicitations
which contemplate the award of cost-plus-award-fee contracts. The
Contracting Officer shall insert the appropriate percentages.
* * * * *

PART 1517--SPECIAL CONTRACTING METHODS

0
12. The authority citation for part 1517 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.

0
13. Revise section 1517.208 to read as follows:

1517.208  Solicitation provisions and contract clauses.

    (a) The Contracting Officer shall insert the provision at 48 CFR
1552.217-70, Evaluation of Contract Options, in solicitations
containing options.
    (b) The Contracting Officer shall insert the clause at 48 CFR
1552.217-71, Option to Extend the Term of the Contract--Cost-Type
Contract, when applicable.
    (c) The Contracting Officer shall insert the clause at 48 CFR
1552.217-72, Option to Extend the Term of the Contract--Cost-Plus-
Award-Fee Contract, when applicable.
    (d) The Contracting Officer shall insert the clause at 48 CFR
1552.217-73, Option for Increased Quantity--Cost-Type Contract, when
applicable.
    (e) The Contracting Officer shall insert the clause at 48 CFR
1552.217-74, Option for Increased Quantity--Cost-Plus-Award-Fee
Contract, when applicable.
    (f) The Contracting Officer shall insert the clause at 48 CFR
1552.217-75, Option to Extend the Effective Period of the Contract--
Time and Materials or Labor Hour Contract, when applicable.
    (g) The Contracting Officer shall insert the clause at 48 CFR
1552.217-76, Option to Extend the Effective Period of the Contract--
Indefinite Delivery/Indefinite Quantity Contract, when applicable.
    (h) The Contracting officer shall insert the clause at 48 CFR
1552.217-77, Option to Extend the Term of the Contract--Fixed Price,
when applicable.

0
14. Revise part 1519 to read as follows:

PART 1519--SMALL BUSINESS PROGRAMS

Subpart 1519.2--Policies
Sec.
1519.201 Policy.
1519.201-71 Director of the Office of Small and Disadvantaged
Business Utilization.
1519.201-72 Small business specialists.
1519.202-5 [Reserved]
1519.203 Mentor-prot[eacute]g[eacute].
1519.204 [Reserved]
Subpart 1519.5--Set-Asides for Small Business
1519.501 Review of acquisitions.
1519.503 Class set-aside for construction.
Subpart 1519.6--[Reserved]
Subpart 1519.7--The Small Business Subcontracting Program
1519.705-2 Determining the need for a subcontract plan.
1519.705-4 Reviewing the subcontracting plan.
1519.705-70 Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).

Subpart 1519.2--Policies

1519.201   Policy.

    Each program's Assistant or Associate Administrator shall be
responsible for developing its socioeconomic goals on a fiscal year
basis. The goals shall be developed in collaboration with the
supporting Chiefs of Contracting Offices (CCOs) or Regional Acquisition
Managers (RAMs), the assigned Small Business Specialist (SBS), and the
Office of Small and Disadvantaged Business Utilization (OSDBU). The
goals will be based on advance procurement plans and past performance.
The goals shall be submitted to the Director of OSDBU, at least thirty
(30) days prior to the start of the fiscal year.

1519.201-71   Director of the Office of Small and Disadvantaged
Business Utilization.

    The Director of the Office of Small and Disadvantaged Business
Utilization (OSDBU) provides guidance and advice, as appropriate, to
Agency program and contracts officials on small business programs. The
OSDBU Director is the central point of contact for inquiries concerning
the small business programs from industry, the Small Business
Administration (SBA), and the Congress; and shall advise the
Administrator and staff of such inquiries as required. The OSDBU
Director shall represent the Agency in the negotiations with the other
Government agencies on small business programs matters.

1519.201-72   Small business specialists.

    (a) Small Business Specialists (SBSs) shall be appointed in
writing. Regional SBSs will normally be appointed from members of
staffs of the appointing authority. The appointing authorities for
regional SBSs are the RAMs. The SBSs for EPA headquarters, Research
Triangle Park (RTP), and Cincinnati shall be appointed by the OSDBU
Director. The SBS is administratively responsible directly to the
appointing authority and, on matters relating to small business
programs activities, receives technical guidance from the OSDBU
Director.
    (b) A copy of each appointment and termination of all SBSs shall be
forwarded to the OSDBU Director. In addition to performing the duties
outlined in paragraph (c) of this section that are normally performed
in the activity to which assigned, the SBS shall perform such
additional functions as may be prescribed from time to time in
furtherance of overall small business programs goals. The SBS may be
appointed on either a full- or part-time basis; however, when appointed
on a part-time basis, small business duties shall take precedence over
collateral responsibilities.
    (c) The SBS appointed pursuant to paragraph (a) of this section
shall perform the following duties as appropriate:
    (1) Maintain a program designed to locate capable small business
sources for current and future acquisitions;
    (2) Coordinate inquiries and requests for advice from small
business concerns on acquisition matters;
    (3) Review all proposed solicitations in excess of the simplified
acquisition threshold, assure that small business concerns will be
afforded an equitable opportunity to compete, and, as appropriate,
initiate recommendations for small business set-asides, or offers of
requirements to the Small Business Administration (SBA) for the 8(a)
program, and complete EPA Form 1900-37, ``Record of Procurement Request
Review,'' as appropriate;
    (4) Take action to assure the availability of adequate
specifications and drawings, when necessary, to obtain small business
participation in an acquisition. When small business concerns cannot be
given an opportunity on a current acquisition, initiate action, in
writing, with appropriate technical and contracting personnel to ensure
that necessary specifications and/or drawings for future acquisitions
are available;
    (5) Review proposed contracts for possible breakout of items or
services suitable for acquisition from small business concerns;
    (6) Participate in the evaluation of a prime contractor's small
business subcontracting programs;
    (7) Assure that adequate records are maintained, and accurate
reports prepared, concerning small business participation in
acquisition programs;
    (8) Make available to SBA copies of solicitations when so
requested; and
    (9) Act as liaison with the appropriate SBA office or
representative in connection with matters concerning the small business
programs including set-asides.

1519.202-5  [Reserved]

1519.203   Mentor-prot[eacute]g[eacute].

    (a) The contracting officer shall insert the clause at 48 CFR
1552.219-70, Mentor-Prot[eacute]g[eacute] Program, in all contracts
under which the contractor has been approved to participate in the EPA
Mentor-Prot[eacute]g[eacute] Program.
    (b) The contracting officer shall insert the provision at 48 CFR
1552.219-71, Procedures for Participation in the EPA Mentor-
Prot[eacute]g[eacute] Program, in all solicitations valued at $500,000
or more which will be cost-plus-award-fee or cost-plus fixed-fee
contracts.

1519.204  [Reserved]

Subpart 1519.5--Set-Asides for Small Business

1519.501   Review of acquisitions.

    (a) If no Small Business Administration (SBA) representative is
available, the Small Business Specialist (SBS) shall initiate
recommendations to the contracting officer for small business set-
asides with respect to individual acquisitions or classes of
acquisitions or portions thereof.
    (b) When the SBS has recommended that all, or a portion, of an
individual acquisition or class of acquisitions be set aside for small
business, the contracting officer shall:
    (1) Promptly concur in the recommendation; or
    (2) Promptly disapprove the recommendation, stating in writing the
reasons for disapproval. If the contracting officer disapproves the
recommendation of the SBS, the SBS may appeal to the appropriate
appointing authority, whose decision shall be final.

1519.503   Class set-aside for construction.

    (a) Each proposed acquisition for construction estimated to cost
between $10,000 and $1,000,000 shall be set-aside for exclusive small
business participation. Such set-asides shall be considered to be
unilateral small business set-asides, and shall be withdrawn in
accordance with the procedure of FAR 19.506 only if found not to serve
the best interest of the Government.
    (b) Small business set-aside preferences for construction
acquisitions in excess of $1,000,000 shall be considered on a case-by-
case basis.

Subpart 1519.6--[Reserved]

Subpart 1519.7--The Small Business Subcontracting Program

1519.705-2   Determining the need for a subcontract plan.

    One copy of the determination required by FAR 19.705-2(c) shall be
placed in the contract file and one copy provided to the Director of
the Office of Small and Disadvantaged Business Utilization.

1519.705-4  Reviewing the subcontracting plan.

    In determining the acceptability of a proposed subcontracting plan,
the

contracting officer shall obtain advice and recommendations from the
Office of Small and Disadvantaged Business Utilization, which shall in
turn coordinate review by the Small Business Administration Procurement
Center Representative (if any).

1519.705-70  Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.

    The synopsis of contract award, where applicable, shall include a
statement identifying the contract as one containing Public Law 95-507
subcontracting plans and goals.

PART 1535--RESEARCH AND DEVELOPMENT CONTRACTING

0
15. The authority citation for part 1535 continues to read as follows:

    Authority:  Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).

0
16. Revise section 1535.007 to read as follows:

1535.007  Solicitations.

    (a) Contracting officers shall insert the provision at 48 CFR
1552.235-73, Access to Federal Insecticide, Fungicide, and Rodenticide
Act Confidential Business Information, in all solicitations when the
contracting officer has determined that EPA may furnish the contractor
with confidential business information which EPA had obtained from
third parties under the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.).
    (b) Contracting officers shall insert the provision at 48 CFR
1552.235-75, Access to Toxic Substances Control Act Confidential
Business Information, in all solicitations when the contracting officer
has determined that EPA may furnish the contractor with confidential
business information which EPA had obtained from third parties under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
    (c) Contracting officers shall insert the provision at 48 CFR
1552.235-81, Institutional Oversight of Life Sciences Dual Use Research
of Concern-Representation, when notified in the Advance Procurement
Plan (APP) or by an EPA funding/requesting office, in accordance with
the Institutional Oversight of Life Sciences Dual Use Research of
Concern (iDURC) EPA Order 1000.19, Policy and Procedures for Managing
Dual Use Research of Concern, in solicitations that will result in a
contract under which EPA funding will be used by the recipient to
conduct or sponsor ``life sciences research''.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
17. The authority citation for part 1552 continues to read as follows:

     Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.

0
18. Amend section 1552.209-71 by revising the introductory text in
Alternate I to read as follows:

1552.209-71  Organizational conflicts of interest.

* * * * *
    Alternate I (SEP 1998). Contracts for other than Superfund work
shall include Alternate I in this clause in lieu of paragraph (e).
* * * * *

0
19. Amend section 1552.209-73 by revising the introductory text in
Alternate I to read as follows:

1552.209-73  Notification of conflicts of interest regarding personnel.

* * * * *
    Alternate I (JAN 2015). Contracts for other than Superfund work
shall include Alternate I in this clause in lieu of paragraph (d).
* * * * *

0
20. Amend section 1552.211-74 by revising the introductory text in
Alternates I through IV to read as follows:

1552.211-74  Work assignments.

* * * * *
    Alternate I (APR 1984). As prescribed in 1511.011-74(b)(1), modify
the existing clause by adding the following paragraph (f) to the basic
clause:
* * * * *
    Alternate II (APR 1984). As prescribed in 1511.011-74(b)(1), modify
the existing clause by adding the following paragraph (f) to the basic
clause:
* * * * *
    Alternate III (DEC 2014). As prescribed in 1511.011-74(b)(2),
modify the existing clause by adding the following paragraph (f) to the
basic clause:
* * * * *
    Alternate IV (DEC 2014). As prescribed in 1511.011-74(b)(2), modify
the existing clause by adding the following paragraph (f) to the basic
clause:
* * * * *

0
21. Amend section 1552.216-72 by revising the introductory text in
Alternate I to read as follows:

1552.216-72  Ordering--by designated ordering officers.

* * * * *
    Alternate I (JUL 2014). 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.
* * * * *

1552.216-75  [Amended]

0
22. Amend section 1552.216-75 by:
0
a. Removing, in the introductory text, the text ``clause'' and adding
the text ``provision'' in its place; and
0
b. Removing the words ``(End of clause)'' and adding the words ``(End
of provision)'' in its place.

1552.217-76  [Amended]

0
23. Amend section 1552.217-76 by adding the clause date ``(MAR 1984)''
after the clause title.

1552.217-77  [Amended]

0
24. Amend the introductory text of section 1552.217-77 by removing the
text ``1517.208(g)'' and adding the text ``1517.208(h)'' in its place.

0
25. Revise section 1552.219-70 to read as follows:

1552.219-70   Mentor-Prot[eacute]g[eacute] Program.

    As prescribed in 1519.203(a), insert the following clause:

Mentor-Prot[eacute]g[eacute] Program (SEP 2017)

    (a) The Contractor has been approved to participate in the EPA
Mentor-Prot[eacute]g[eacute] Program. The purpose of the Program is
to increase the participation of small disadvantaged businesses
(SDBs) as subcontractors, suppliers, and ultimately as prime
contractors; establish a mutually beneficial relationship with SDBs
and EPA's large business prime contractors (although small
businesses may participate as Mentors); develop the technical and
corporate administrative expertise of SDBs which will ultimately
lead to greater success in competition for contract opportunities;
promote the economic stability of SDBs; and aid in the achievement
of goals for the use of SDBs in subcontracting activities under EPA
contracts.
    (b) The Contractor shall submit an executed Mentor-
Prot[eacute]g[eacute] agreement to the Contracting Officer, with a
copy to the Office of Small and Disadvantaged Business Utilization
(OSDBU) or the Small Business Specialist, within thirty (30)
calendar days after the effective date of the contract. The
Contracting Officer will notify the Contractor within thirty (30)
calendar days from its submission if the agreement is not accepted.
    (c) The Contractor as a Mentor under the Program agrees to
fulfill the terms of its agreement(s) with the Prot[eacute]g[eacute]
firm(s).
    (d) If the Contractor or Prot[eacute]g[eacute] firm is suspended
or debarred while performing under an approved Mentor-
Prot[eacute]g[eacute] agreement, the Contractor shall promptly give
notice of the suspension or debarment to the OSDBU and the
Contracting Officer.

    (e) Costs incurred by the Contractor in fulfilling their
agreement(s) with the Prot[eacute]g[eacute] firm(s) are not
reimbursable on a direct basis under this contract.
    (f) In an attachment to Individual Subcontract Reports (ISR),
the Contractor shall report on the progress made under their Mentor-
Prot[eacute]g[eacute] agreement(s), providing:
    (1) The number of agreements in effect; and
    (2) The progress in achieving the developmental assistance
objectives under each agreement, including whether the objectives of
the agreement have been met, problem areas encountered, and any
other appropriate information.

(End of clause)

0
26. Revise section 1552.219-71 to read as follows:

1552.219-71   Procedures for Participation in the EPA Mentor-
Prot[eacute]g[eacute] Program.

    As prescribed in 1519.203(b), insert the following provision:

Procedures for Participation in the EPA Mentor-Prot[eacute]g[eacute]
Program (SEP 2017)

    (a) This provision sets forth the procedures for participation
in the EPA Mentor-Prot[eacute]g[eacute] Program (hereafter referred
to as the Program). The purpose of the Program is to increase the
participation of concerns owned and/or controlled by socially and
economically disadvantaged individuals as subcontractors, suppliers,
and ultimately as prime contractors; to establish a mutually
beneficial relationship between these concerns and EPA's large
business prime contractors (although small businesses may
participate as Mentors); to develop the technical and corporate
administrative expertise of these concerns, which will ultimately
lead to greater success in competition for contract opportunities;
to promote the economic stability of these concerns; and to aid in
the achievement of goals for the use of these concerns in
subcontracting activities under EPA contracts. If the successful
offeror is accepted into the Program they shall serve as a Mentor to
a Prot[eacute]g[eacute] firm(s), providing developmental assistance
in accordance with an agreement with the Prot[eacute]g[eacute]
firm(s).
    (b) To participate as a Mentor, the offeror must receive
approval in accordance with paragraph (h) of this section.
    (c) A Prot[eacute]g[eacute] must be a concern owned and/or
controlled by socially and economically disadvantaged individuals
within the meaning of section 8(a)(5) and (6) of the Small Business
Act (15 U.S.C. 637(a)(5) and (6)), including historically black
colleges and universities. Further, in accordance with Public Law
102-389 (the 1993 Appropriation Act), for EPA's contracting
purposes, economically and socially disadvantaged individuals shall
be deemed to include women.
    (d) Where there may be a concern regarding the
Prot[eacute]g[eacute] firm's eligibility to participate in the
program, the prot[eacute]g[eacute]'s eligibility will be determined
by the contracting officer after the SBA has completed any formal
determinations.
    (e) The offeror shall submit an application in accordance with
paragraph (k) of this section as part of its proposal which shall
include as a minimum the following information.
    (1) A statement and supporting documentation that the offeror is
currently performing under at least one active Federal contract with
an approved subcontracting plan and is eligible for the award of
Federal contracts;
    (2) A summary of the offeror's historical and recent activities
and accomplishments under any disadvantaged subcontracting programs.
The offeror is encouraged to include any initiatives or outreach
information believed pertinent to approval as a Mentor firm;
    (3) The total dollar amount (including the value of all option
periods or quantities) of EPA contracts and subcontracts received by
the offeror during its two preceding fiscal years. (Show prime
contracts and subcontracts separately per year);
    (4) The total dollar amount and percentage of subcontract awards
made to all concerns owned and/or controlled by disadvantaged
individuals under EPA contracts during its two preceding fiscal
years.
    (5) The number and total dollar amount of subcontract awards
made to the identified Prot[eacute]g[eacute] firm(s) during the two
preceding fiscal years (if any).
    (f) In addition to the information required by paragraph (e) of
this section, the offeror shall submit as a part of the application
the following information for each proposed Mentor-
Prot[eacute]g[eacute] relationship:
    (1) Information on the offeror's ability to provide
developmental assistance to the identified Prot[eacute]g[eacute]
firm and how the assistance will potentially increase contracting
and subcontracting opportunities for the Prot[eacute]g[eacute] firm.
    (2) A letter of intent indicating that both the Mentor firm and
the Prot[eacute]g[eacute] firm intend to enter into a contractual
relationship under which the Prot[eacute]g[eacute] will perform as a
subcontractor under the contract resulting from this solicitation
and that the firms will negotiate a Mentor-Prot[eacute]g[eacute]
agreement. The letter of intent must be signed by both parties and
contain the following information:
    (i) The name, address and phone number of both parties;
    (ii) The Prot[eacute]g[eacute] firm's business classification,
based upon the NAICS code(s) which represents the contemplated
supplies or services to be provided by the Prot[eacute]g[eacute]
firm to the Mentor firm;
    (iii) A statement that the Prot[eacute]g[eacute] firm meets the
eligibility criteria;
    (iv) A preliminary assessment of the developmental needs of the
Prot[eacute]g[eacute] firm and the proposed developmental assistance
the Mentor firm envisions providing the Prot[eacute]g[eacute]. The
offeror shall address those needs and how their assistance will
enhance the Prot[eacute]g[eacute]. The offeror shall develop a
schedule to assess the needs of the Prot[eacute]g[eacute] and
establish criteria to evaluate the success in the Program;
    (v) A statement that if the offeror or Prot[eacute]g[eacute]
firm is suspended or debarred while performing under an approved
Mentor-Prot[eacute]g[eacute] agreement the offeror shall promptly
give notice of the suspension or debarment to the EPA Office of
Small and Disadvantaged Business Utilization (OSDBU) and the
Contracting Officer. The statement shall require the
Prot[eacute]g[eacute] firm to notify the Contractor if it is
suspended or debarred.
    (g) The application will be evaluated on the extent to which the
offeror's proposal addresses the items listed in paragraphs (e) and
(f) of this section. To the maximum extent possible, the application
should be limited to not more than 10 single pages, double spaced.
The offeror may identify more than one Prot[eacute]g[eacute] in its
application.
    (h) If the offeror is determined to be in the competitive range,
or is awarded a contract without discussions, the offeror will be
advised by the Contracting Officer whether their application is
approved or rejected. The Contracting Officer, if necessary, may
request additional information in connection with the offeror's
submission of its revised or best and final offer. If the successful
offeror has submitted an approved application, they shall comply
with the clause titled ``Mentor-Prot[eacute]g[eacute] Program.''
    (i) Subcontracts of $1,000,000 or less awarded to firms approved
as Prot[eacute]g[eacute]s under the Program are exempt from the
requirements for competition set forth in FAR 44.202-2(a)(5) and
52.244-5(b). However, price reasonableness must still be determined
and the requirements in FAR 44.202-2(a)(8) for cost and price
analysis continue to apply.
    (j) Costs incurred by the offeror in fulfilling their
agreement(s) with a Prot[eacute]g[eacute] firm(s) are not
reimbursable as a direct cost under the contract. Unless EPA is the
responsible audit agency under FAR 42.703-1, offerors are encouraged
to enter into an advance agreement with their responsible audit
agency on the treatment of such costs when determining indirect cost
rates. Where EPA is the responsible audit agency, these costs will
be considered in determining indirect cost rates.
    (k) Submission of Application and Questions Concerning the
Program. The application for the Program shall be submitted to the
Contracting Officer, and to the EPA Office of Small and
Disadvantaged Business Utilization at the following address: Office
of Small and Disadvantaged Business Utilization, U.S. Environmental
Protection Agency, William Jefferson Clinton North Building, Mail
Code 1230A, 1200 Pennsylvania Avenue NW., Washington, DC 20460,
Telephone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>.

(End of provision)

0
27. Revise section 1552.223-71 to read as follows:

1552.223-71   EPA Green Meetings and Conferences.

    As prescribed in 1523.703-1, insert the following provision, or
language substantially the same as the provision, in solicitations for
meetings and conference facilities.

EPA Green Meetings and Conferences (SEP 2017)

    (a) The mission of the EPA is to protect human health and the
environment. As such, all EPA meetings and conferences will be

staged using as many environmentally preferable measures as
possible. Environmentally preferable means products or services that
have a lesser or reduced effect on the environment when compared
with competing products or services that serve the same purpose.
    (b) Potential meeting or conference facility providers for EPA
shall provide information about the environmentally preferable
features and practices identified by the checklist contained in
paragraph (c) of this section, addressing sustainability for meeting
and conference facilities including lodging and non-lodging oriented
facilities.
    (c) The following list of questions is provided to assist
contracting officers in evaluating the environmental preferability
of prospective meeting and conference facility providers. More
information about EPA's Green Meetings initiative may be found on
the Internet at https://www.epa.gov/p2/green-meetings.
    (1) Does your facility track energy usage and/or GHG emissions
through ENERGY STAR Portfolio Manager (http://www.energystar.gov/benchmark) or some other calculator based on a recognized greenhouse
gas tracking protocol? Y/N_
    (2) If available for your building type, does your facility
currently qualify for the Energy Star certification for superior
energy performance? Y/N _, NA_
    (3) Does your facility track water use through ENERGY STAR
Portfolio Manager or another equivalent tracking tool and/or
undertake best management practices to reduce water use in the
facility (http://www.epa.gov/watersense/commercial)? Y/N_
    (4) Do you use landscaping professionals who are either
certified by a WaterSense recognized program or actively undertake
the WaterSense ``Water-Smart'' landscaping design practices (http://www.epa.gov/watersense/outdoor)? Y/N_, NA_
    (5) Based on the amount of renewable energy your buildings uses,
does (or would) your facility qualify as a partner under EPA's Green
Power Partnership program (https://www.epa.gov/greenpower/green-power-partnership-basic-program-information)? Y/N_
    (6) Do you restrict idling of motor vehicles in front of your
facility, at the loading dock and elsewhere at your facility? Y/N_
    (7) Does your facility have a default practice of not changing
bedding and towels unless requested by guests? Y/N_, NA_
    (8) Does your facility participate in EPA's WasteWise (https://www.epa.gov/smm/wastewise) and/or Food Recovery Challenge (https://www.epa.gov/sustainable-management-food/food-recovery-challenge-frc)
programs? Y/N_
    (9) Do you divert from landfill at least 50% of the total solid
waste generated at your facility? Y/N_
    (10) Will your facility be able to divert from the landfill at
least 75% of the total solid waste expected to be generated during
this conference/event? Y/N_
    (11) Do you divert from landfill at least 50% of the food waste
generated at your facility (through donation, use as animal feed,
recycling, anaerobic digestion, or composting)? Y/N_
    (12) Will your facility be able to divert from landfill at least
75% of the food waste expected to be generated during this
conference/event (through donation, use as animal feed, recycling,
anaerobic digestion, or composting)? Y/N_
    (13) Does your facility provide recycling containers for
visitors, guests and staff (paper and beverage at minimum)? Y/N_
    (14) With respect to any food and beverage prepared and/or
served at your facility, does at least 50% of it on average meet
sustainability attributes such as: Local, organic, fair trade, fair
labor, antibiotic-free, etc.? Y/N_
    (15) Will your facility be able to ensure that at least 75% of
the food and beverage expected to be served during this conference/
event meets sustainability attributes such as: Local, organic, fair
trade, fair labor, antibiotic-free, etc.? Y/N_
    (16) Does your facility use Design for the Environment (DfE)
cleaning products (https://www.epa.gov/saferchoice/history-safer-choice-and-design-environment), or similar products meeting other
recognized standards for being `environmentally preferable' (http://www.epa.gov/epp/) or more sustainable? Y/N_
    (17) Is your facility prepared to document or demonstrate all of
the claims you have made above? Y/N_
    (d) The contractor shall include any additional ``Green
Meeting'' information in their proposal which is believed is
pertinent to better assist us in considering environmental
preferability in selecting our meeting venue.

(End of provision)

0
28. Amend section 1552.227-76 by revising the introductory text in
Alternate I to read as follows:

1552.227-76  Project employee confidentiality agreement.

* * * * *
    Alternate I (JAN 2015). Contracts for other than Superfund work
shall include Alternate I in this clause in lieu of paragraph (d).
* * * * *

0
29. Revise section 1552.242-70 to read as follows:

1552.242-70   Indirect costs.

    As prescribed in 1542.705-70, insert the following clause in all
cost-reimbursement and non-commercial time and materials type
contracts. If ceilings are not being established, enter ``not
applicable'' in paragraph (c) of the clause.

Indirect Costs (SEP 2017)

    (a) In accordance with paragraph (d) of the ``Allowable Cost and
Payment'' clause, the final indirect cost rates applicable to this
contract shall be established between the Contractor and the
appropriate Government representative (EPA, other Government agency,
or auditor), as provided by FAR 42.703-1(a). EPA's procedures
require a Contracting Officer determination of indirect cost rates
for its contracts. In those cases where EPA is the cognizant agency
(see FAR 42.705-1), the final rate proposal shall be submitted to
the cognizant audit activity and to the following designated
Contracting Officer: U.S. Environmental Protection Agency, Manager,
Financial Analysis and Oversight Service Center, Mail Code 3802R,
Policy, Training Oversight Division, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
    Where EPA is not the cognizant agency, the final rate proposal
shall be submitted to the above-cited address, to the cognizant
audit agency, and to the designated Contracting Officer of the
cognizant agency. Upon establishment of the final indirect cost
rates, the Contractor shall submit an executed Certificate of
Current Cost or Pricing Data (see FAR 15.406-2) applicable to the
data furnished in connection with the final rates to the cognizant
audit agency. The final rates shall be contained in a written
understanding between the Contractor and the appropriate Government
representative. Pursuant to the ``Allowable Cost and Payment''
clause, the allowable indirect costs under this contract shall be
obtained by applying the final agreed upon rate(s) to the
appropriate bases.
    (b) Until final annual indirect cost rates are established for
any period, the Government shall reimburse the contractor at billing
rates established by the appropriate Government representative in
accordance with FAR 42.704, subject to adjustment when the final
rates are established. The established billing rates are currently
as follows:

----------------------------------------------------------------------------------------------------------------
                           Cost center                                Period           Rate            Base
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

    These billing rates may be prospectively or retroactively
revised by mutual agreement, at the request of either the Government
or the Contractor, to prevent substantial overpayment or
underpayment.
    (c) Notwithstanding the provisions of paragraphs (a) and (b) of
this clause, ceilings are hereby established on indirect costs
reimbursable under this contract. The Government shall not be
obligated to pay the Contractor any additional amount on account of
indirect costs in excess of the ceiling rates listed below:

----------------------------------------------------------------------------------------------------------------
                           Cost center                                Period           Rate            Base
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

(End of clause)

PART 1553--FORMS

0
30. The authority citation for part 1553 continues to read as follows:

    Authority:  Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).

0
31. Revise the heading for section 1553.213 to read as follows:

1553.213  Simplified acquisition procedures.

* * * * *
[FR Doc. 2017-14828 Filed 7-18-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Page 33227]
[FR Doc No: 2014-13462]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 10b-17;
    SEC File No. 270-427, OMB Control No. 3235-0476.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 10b-17 (17 CFR 240.10b-
17), under the Securities Exchange Act of 1934 (15 U.S.C 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 10b-17 requires any issuer of a class of securities publicly
traded by the use of any means or instrumentality of interstate
commerce or of the mails or of any facility of any national securities
exchange to give notice of the following specific distributions
relating to such class of securities: (1) A dividend or other
distribution in cash or in kind other than interest payments on debt
securities; (2) a stock split or reverse stock split; or (3) a rights
or other subscription offering.
    There are approximately 6,668 respondents per year. These
respondents make approximately 22,354 responses per year. Each response
takes approximately 10 minutes to complete. Thus, the total compliance
burden per year is 3,726 burden hours. The total internal labor cost of
compliance for the respondents, associated with producing and filing
the reports, is approximately $254,038.68.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information subject to the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: June 4, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13462 Filed 6-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51647-51648]
[DOCID:fr07oc09-116]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Tacoma Narrows Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Request to Release Airport Property.

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Tacoma Narrows Airport under the provisions of
section 125 of the Wendell H. Ford Aviation Investment Reform Act for
the 21st Century (AIR 21).

DATES: Comments must be received on or before November 13, 2009.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Ms. Carol Suomi, Manager, Federal
Aviation Administration, Northwest Mountain Region, Airports Division,
Seattle Airports District Office, 1601 Lind Ave SW., Suite 250, Renton,
WA 98057.

    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Michael D. Esher, Airports/Ferry
Administrator, Department of Public Works and Utilities, 9850 64th
Street West, University Place, WA 98467.

FOR FURTHER INFORMATION CONTACT: Mr. Roman Pi[ntilde]on, Project
Manager, Federal Aviation Administration, Northwest Mountain Region,
Airports Division, Seattle Airports District Office, 1601 Lind Ave SW.,
Suite 250, Renton, WA 98057.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Tacoma Narrows Airport under the
provisions of the AIR 21.
    On July 6, 2009, the FAA determined that the request to release
property at the Tacoma Narrows Airport submitted by Peninsula
Metropolitan Park District (PenMet Parks) met the procedural
requirements of the Federal Aviation Regulations, part 155. The FAA may
approve the request, in whole or in part, no later than November 13,
2009.
    The following is a brief overview of the request: The Tacoma
Narrows Airport requests the release of 79.00 acres of non-aeronautical
airport property to PenMet Parks, Gig Harbor/Pierce County, Washington.
The purpose of this release is to allow PenMet Parks to own, manage and
operate the Madrona Golf Course for the benefit of the public. The
property will remain subject to the restrictions associated with the
aviation reserve designation and will therefore; have no consequence to
the airport.
    Any person may inspect the request by appointment at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, inspect the application, notice and
other documents germane to the application in person at the Tacoma
Narrows Airport, 1202 26th Ave NW., Gig Harbor, WA 98335.

    Issued in Renton, Washington on September 28, 2009.
Karen Miles,
Acting Manager, Seattle Airports District Office.
[FR Doc. E9-24225 Filed 10-6-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Notices]
[Page 44763]
[FR Doc No: 2017-20558]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP17-808-000]

Algonquin Gas Transmission, LLC; Notice of Technical Conference

    Take notice that a technical conference will be held on Wednesday,
October 4, 2017 at 10:00 a.m., in a room to be designated at the
offices of the Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
    At the technical conference, the Commission staff and the parties
to the proceeding should be prepared to discuss all issues in this
proceeding as established in the September 1, 2017 Order.\1\
---------------------------------------------------------------------------

    \1\ Algonquin Gas Trans., LLC, 160 FERC 61,046 (2017).
---------------------------------------------------------------------------

    Federal Energy Regulatory Commission conferences are accessible
under section 508 of the Rehabilitation Act of 1973. For accessibility
accommodations please send an email to<EMAIL_ADDRESS>or call
toll free<PHONE_NUMBER> (voice) or<PHONE_NUMBER> (TTY), or send a fax
to<PHONE_NUMBER> with the required accommodations.
    All interested persons and staff are permitted to attend. For
further information please contact Leslie Fyock at<PHONE_NUMBER> or
email<EMAIL_ADDRESS>
    Dated: September 20, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-20558 Filed 9-25-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 27, 2009 (Volume 74, Number 142)]
[Notices]
[Page 37067]
[DOCID:fr27jy09-85]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Extension of Existing Collection; Comment Request

Upon written request, copies available from: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension: Rule 17Ad-4(b) and (c); OMB Control No. 3235-0341;SEC
File No. 270-264.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on the existing collection of
information provided for in the following rule: Rule 17Ad-4(b) and (c)
under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 17Ad-4(b) and (c) (17 CFR 240.17Ad-4) is used to document when
transfer agents are exempt, or no longer exempt, from the minimum
performance standards and certain recordkeeping provisions of the
Commission's transfer agent rules. Rule 17Ad-4(c) sets forth the
conditions under which a registered transfer agent loses its exempt
status. Once the conditions for exemption no longer exist, the transfer
agent, to keep the appropriate regulatory authority (``ARA'') apprised
of its current status, must prepare, and file if the ARA for the
transfer agent is the Board of Governors of the Federal Reserve System
(``BGFRS'') or the Federal Deposit Insurance Corporation (``FDIC''), a
notice of loss of exempt status under paragraph (c). The transfer agent
then cannot claim exempt status under Rule 17Ad-4(b) again until it
remains subject to the minimum performance standards for non-exempt
transfer agents for six consecutive months. The ARAs use the
information contained in the notice to determine whether a registered
transfer agent qualifies for the exemption, to determine when a
registered transfer agent no longer qualifies for the exemption, and to
determine the extent to which that transfer agent is subject to
regulation.
    The BGFRS receives approximately two notices of exempt status and
two notices of loss of exempt status annually. The FDIC also receives
approximately two notices of exempt status and two notices of loss of
exempt status annually. The Commission and the Office of the
Comptroller of the Currency (``OCC'') do not require transfer agents to
file a notice of exempt status or loss of exempt status. Instead,
transfer agents whose ARA is the Commission or OCC need only to prepare
and maintain these notices. The Commission estimates that approximately
ten notices of exempt status and ten notices of loss of exempt status
are prepared annually by transfer agents whose ARA is the Commission.
We estimate that the transfer agents for whom the OCC is their ARA
prepare and maintain approximately five notices of exempt status and
five notices of loss of exempt status annually. Thus, a total of
approximately thirty-eight notices of exempt status and loss of exempt
status are prepared and maintained by transfer agents annually. Of
these thirty-eight notices, approximately eight are filed with an ARA.
Any additional costs associated with filing such notices would be
limited primarily to postage, which would be minimal. Since the
Commission estimates that no more than one-half hour is required to
prepare each notice, the total annual burden to transfer agents is
approximately nineteen hours. The average cost per hour is
approximately $30. Therefore, the total cost of compliance to the
transfer agent industry is about $570.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to Charles Boucher, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>
    Dated: July 21, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-17768 Filed 7-24-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Page 59552]
[FR Doc No: 2014-23476]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Application for
Special Permits; Special Permit Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before November 3, 2014.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

For Further Information

    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on September 5, 2014.
Donald Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)         Nature of special
   Application No.          Docket No.             Applicant             affected            permits thereof
----------------------------------------------------------------------------------------------------------------
                                               NEW SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
16232-N.............  ......................  Linde Gas North      49 CFR 171.23        To authorize the
                                               America LLC Murray   (a)(1)               transportation in
                                               Hill, NJ.            171.23(a)(2)(ii),    commerce of non-DOT
                                                                    171.23(a)(3),        cylinders containing a
                                                                    173.301(f)(3),       certain Division 2.2
                                                                    173.301(g).          compressed gas (modes
                                                                                1, 2, 3).
16238-N.............  ......................  Entegris, Inc.       49 CFR 173.212,      To authorize the
                                               Billerica, MA.       173.213, 173.240,    transportation in
                                                                    173.241, 176.83.     commerce of certain
                                                                                Division 4.1 and
                                                                                Division 4.2 hazardous
                                                                                materials in
                                                                                alternative packagings
                                                                                with alternative
                                                                                segregation by cargo
                                                                                vessel (modes 1, 2, 3,
                                                                                4).
16241-N.............  ......................  Linde Gas North      49 CFR               To authorize the
                                               America LLC Murry    173.301(f)(3),       transportation in
                                               Hill, NJ.            173.301(g).          commerce of hydrogen
                                                                                chloride, anhydrous in
                                                                                cylinders without
                                                                                pressure relief devices
                                                                                (modes 1, 2, 3).
16242-N.............  ......................  E.I. duPont de       49 CFR 173.32(a)(2)  To authorize the
                                               Nemours and                               transportation in
                                               Company                                   commerce of two
                                               Wilmington, DE.                           portable tanks that
                                                                                have been filled after
                                                                                the prescribed periodic
                                                                                inspection was due
                                                                                (mode 1).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-23476 Filed 10-1-14; 8:45 am]
BILLING CODE 4909-60-M