[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Proposed Rules]
[Pages 59843-59844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22483]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY (EPA)

48 CFR Parts 1511 and 1552

[OARM Docket No. 2002-0001; FRL- 7824-7]


Acquisition Regulation: Background Checks for Environmental 
Protection Agency Contractors Performing Services On-Site

ACTION: Proposed rule; withdrawal.

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

SUMMARY: This action withdraws a proposed rulemaking to amend the EPA 
Acquisition Regulation (EPAAR) by adding a clause which would have 
required contractors (and subcontractors) to perform background checks 
and make suitability determinations for contractor (and subcontractor) 
employees performing services on or within Federally-owned or leased 
space or facilities (68 FR 2988, January 22, 2003). The public comments 
EPA received objected not only to the proposed clause's broad 
application, but also to its key substantive provisions. EPA has 
decided to withdraw this proposed EPAAR clause, and plans instead to 
incorporate a narrowly tailored background check requirement in the 
Agency's emergency response contracts' statements of work. Currently, 
this category of contracts consists of Superfund Technical Assistance 
and Removal Team (START), Emergency and Rapid Response Services (ERRS), 
and Response Engineering and Analytical Contract (REAC). In the future 
this requirement may be included in other types of contracts.

FOR FURTHER INFORMATION CONTACT: Paul Schaffer, U.S. EPA, Office of 
Acquisition Management, Mail Code (3802R), Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone 
number: (202) 564-4366; fax number (202) 565-2475; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulatory Impact: Because this action 
withdraws a notice of proposed rulemaking, it is neither a proposed nor 
a final rule and therefore is not covered under Executive Order 12866, 
the Regulatory Flexibility Act, or other Executive Orders and statutes 
that generally apply to rulemakings.

[[Page 59844]]

List of Subjects in 48 CFR Parts 1511 and 1552

    Environmental protection, Government procurement.

The Withdrawal

    In consideration of the foregoing, the Notice of Proposed 
Rulemaking, OARM Docket No. 2002-0001, as published in the Federal 
Register on January 22, 2003 (68 FR 51737), is hereby withdrawn.

    Dated: September 30, 2004.
Judy S. Davis,
Director, Office of Acquisition Management.
[FR Doc. 04-22483 Filed 10-5-04; 8:45 am]
BILLING CODE 6560-50-P