Access by EPA Contractors to Information Claimed as Confidential Business Information (CBI) Submitted Under Title II of the Clean Air Act, 7582-7584 [2010-3406]
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7582
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
Regulatory Commission, Secretary of the
Commission, 888 First Street, NE.,
Washington, DC 20426.
For further information contact:
Jeffrey Hitchings, Office of Energy
Market Regulation, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
Telephone: (202) 502–6042, E-mail:
jeffrey.hitchings@ferc.gov. or
Lisa Luftig, Office of the General
Counsel—Energy Markets, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426. Telephone: (202) 502–6791, Email: lisa.luftig@ferc.gov.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010–3316 Filed 2–19–10; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2009–0866; FRL–9114–5]
Access by EPA Contractors to
Information Claimed as Confidential
Business Information (CBI) Submitted
Under Title II of the Clean Air Act
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
cprice-sewell on DSK2BSOYB1PROD with NOTICES
SUMMARY: EPA’s Office of
Transportation and Air Quality (OTAQ)
has authorized various contractors to
access information which has been
submitted to EPA under Title II of the
Clean Air Act that is claimed to be, or
has been determined to be, confidential
business information (CBI). EPA is
providing notice of past disclosure and
of ongoing and contemplated future
disclosure.
DATES: Access by EPA contractors to
material discussed in this Notice that
has been either claimed or determined
to be confidential business information
(CBI) is ongoing, and is expected to
continue in the future. EPA will accept
comments on this Notice through March
1, 2010.
FOR FURTHER INFORMATION CONTACT:
Anne-Marie C. Pastorkovich,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW. (6406J),
Washington, DC 20460; telephone
number: 202–343–9623; fax number:
202–343–2801; e-mail address:
pastorkovich.anne-marie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does This Notice Apply to Me?
This action is directed to the general
public. However, this action may be of
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15:26 Feb 19, 2010
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particular interest to parties who submit
or have previously submitted
information to EPA regarding the
following programs: Fuel and fuel
additive registration (40 CFR part 79),
various fuels programs including
reformulated gasoline, anti-dumping,
gasoline sulfur, ultra low sulfur diesel,
benzene content, and the renewable fuel
standard (40 CFR part 80), certification
and defect reporting/recall of light-duty
vehicles (including motorcycles) and
heavy duty on-highway vehicles and
engines (40 CFR part 86 and 40 CFR part
85, subpart T), certification and defect
reporting/recall of non-road
compression-ignition engines (40 CFR
part 89, subparts B and I, 40 CFR part
1039, subpart C, and 40 CFR part 1068,
subpart F), certification and defect
reporting/recall of spark-ignition
engines less than or equal to 19
kilowatts (40 CFR part 90, subparts C
and I, 40 CFR part 1054, subpart C, and
40 CFR part 1068, subpart F),
certification and defect reporting/recall
of marine spark-ignition engines (40
CFR part 91, subparts B and J, 40 CFR
part 1045, subpart C, and 40 CFR part
1068, subpart F), certification and defect
reporting/recall of locomotives (40 CFR
part 92, subparts C and E, 40 CFR part
1033, subpart C, and 40 CFR part 1068,
subpart F), certification and defect
reporting/recall of marine compressionignition engines (40 CFR part 94,
subparts C and E, 40 CFR part 1042,
subpart C, and 40 CFR part 1068,
subpart F), certification of large nonroad spark-ignition engines (40 CFR part
1048, subpart C, and 40 CFR part 1068,
subpart F), certification of recreational
engines and vehicles (40 CFR part 1051,
subpart C, and 40 CFR part 1068,
subpart F), certification of non-road and
stationary equipment for evaporative
emissions compliance (40 CFR part
1060, subpart C), certification of
stationary compression-ignition and
spark-ignition engines (40 CFR part 60,
subparts IIII and JJJJ, respectively), fees
(40 CFR part 1027), and fuel economy
information (40 CFR part 600). Reports
submitted to EPA under 40 CFR parts 79
and 80 fuels programs are commonly
referred to as the ‘‘OTAQ Fuels
Reporting System.’’ Reporting submitted
to EPA under 40 CFR parts 86 and 600
related to engine and vehicle
compliance, such as light-duty
certification and fuel economy
information, is commonly referred to by
the name of the reporting system itself—
i.e., as CFEIS (prior to September 2008)
and Verify (thereafter). Both the OTAQ
Fuels Reporting System and Verify
utilize the EPA Central Data Exchange
(CDX).
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This Notice may be of particular
relevance to parties that have submitted
data under the above-listed programs or
systems. Since other parties may also be
interested, the Agency has not
attempted to describe all the specific
parties that may be affected by this
action. If you have further questions
regarding the applicability of this action
to a particular party, please contact the
person listed in FOR FURTHER
INFORMATION CONTACT.
II. How Can I Get Copies of This
Document and Other Related
Information?
A. Electronically
EPA has established a public docket
for this Notice under Docket EPA–HQ–
OAR–2009–0866.
All documents in the docket are
identified in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, such as
confidential business information (CBI)
or other information for which
disclosure is restricted by statute.
Certain materials, such as copyrighted
material, will only be available in hard
copy at the EPA Docket Center.
B. EPA Docket Center
Materials listed under Docket EPA–
HQ–OAR–2009–0866 will be available
for public viewing at the EPA Docket
Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Reading Room is (202) 566–1744, and
the telephone number for the Air Docket
is (202) 566–1742.
III. Description of Programs and
Potential Disclosure of Information
Claimed as Confidential Business
Information (CBI) to Contractors
EPA’s Office of Transportation and
Air Quality (OTAQ) has responsibility
for protecting public health and the
environment by regulating air pollution
from motor vehicles, engines, and the
fuels used to operate them, and by
encouraging travel choices that
minimize emissions. In order to
implement various Clean Air Act
programs, and to permit regulated
entities flexibility in meeting regulatory
requirements (e.g., compliance on
average), we collect compliance reports
and other information from them.
Occasionally, the information submitted
is claimed to be confidential business
information. Information submitted
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
under such a claim is handled in
accordance with EPA’s regulations at 40
CFR part 2, subpart B and in accordance
with EPA procedures, including
comprehensive system security plans
(SSPs), that are consistent with those
regulations. When EPA has determined
that disclosure of information claimed
as CBI to contractors is necessary, the
corresponding contract must address the
appropriate use and handling of the
information by the contractor and the
contractor must require its personnel
who require access to information
claimed as CBI to sign written nondisclosure agreements before they are
granted access to data.
Controls regarding the handling of
information claimed as CBI, including
sharing of information with contractors,
are also addressed in individual SSPs.
The required SSPs adhere to EPA
regulations and policies, as well as with
the National Institute of Standards and
Technology (NIST) Standard 800–53,
‘‘Recommended Security Controls for
Federal Information Systems and
Organizations.’’ (NIST Standard 800–53
addresses technical, physical,
environmental and other controls for
information systems, including Local
Area Networks (LANs) where
information claimed as CBI may be
stored.) Security plans address
background investigations, required
training, and rules of behavior for
employees and contractors who require
access to information claimed as CBI.
Controls contained in OTAQ’s SSPs are
approved by OTAQ management and by
the Information Management Official in
the Office of Air and Radiation and such
approvals are valid for a period of three
(3) years, but we review the individual
controls in our SSPs at least annually or
whenever any major program or system
change occurs, whichever is more
frequent. Information which has been
submitted to EPA under Title II of the
Clean Air Act that is claimed to be, or
has been determined to be, CBI has been
handled and will continue to be
handled at all times in accordance with
the appropriate security controls as
stated above.
In accordance with 40 CFR 2.301(h),
we have determined that the
contractors, subcontractors, and
grantees (collectively referred to as
‘‘contractors’’) listed below require
access to CBI submitted to us under
Title II of the Clean Air Act and in
connection with various OTAQ
programs related to fuels, vehicles, and
engines and are providing notice and an
opportunity to comment. OTAQ collects
this data in order to monitor compliance
with Clean Air Act programs and, in
many cases, to permit regulated parties
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flexibility in meeting regulatory
requirements. For example, data that
may contain CBI is collected in order to
register fuels and fuel additives prior to
introduction into commerce and to
certify engines. Certain programs are
designed to permit regulated parties an
opportunity to comply on average, or to
engage in transactions using various
types of credits. For example, OTAQ
collects information about batches of
gasoline that refiners produce in order
to ensure compliance with reformulated
gasoline standards. The nature of the
work and its necessity, and the type of
access granted, is described below for
each contractor.
Normally, EPA is required to give
affected businesses notice and an
opportunity to comment at least five (5)
working days prior to disclosure of
information claimed as CBI to a Federal
contractor. This Federal Register Notice
provides advance notice to all affected
businesses that, as described below,
certain information may be provided to
EPA contractors or enrollees under the
Senior Environmental Employment
(SEE) program.
In the past, as also described below,
EPA has disclosed certain information
that had been claimed as CBI to EPA
contractors providing support services
prior to providing notice to the affected
businesses and an opportunity to
comment. EPA regrets this
unintentional error and has taken steps
to avoid this error in the future. We are
unaware of any disclosures by
contractors of information claimed as
CBI. We are publishing this notice in
order to comply with the notification
requirements of 40 CFR part 2, subpart
B.
We are issuing this Notice to inform
all submitters of information related to
various fuels, vehicles, and engines
programs that we have provided, and
may in the future provide, access to
material claimed as CBI to the
contractors identified below on a needto-know basis.
Under Contract Number EP–W–09–
22, PowerSolv, Incorporated, 1801
Robert Fulton Drive #550, Reston,
Virginia, 20191 and its subcontractor,
Indus Corporation, 1951 Kidwell
Drive—8th Floor, Vienna, Virginia,
22182 provide information technology
(IT) development and support services
related to various fuels reporting
programs under 40 CFR parts 79 and 80.
The fuels programs for which reporting
information may be provided to these
entities include: Fuel and fuel additive
registration, reformulated gasoline, antidumping, gasoline sulfur, ultra low
sulfur diesel, benzene content and the
renewable fuel standard. Access to fuels
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7583
data, including information claimed as
CBI, has been ongoing since July 1, 2009
and will continue until May 31, 2010.
If the contract is extended, this access
will continue for the remainder of the
contract without further notice. From
October 1, 1993 until September 30,
1998, the contractor was Vista Computer
Services, under Contract Number 68–
W3–0032. From October 1, 1998 until
March 31, 2004, the contractor was
Vista Computer Services, under
Contract Number 68–W–98–230. From
April 1, 2004 until June 30, 2009, the
contractor was SPS Technologies,
Incorporated (formerly known as Vista
Computer Services) under Contract
Number EP–W–04–024.
Under Contract Number EP–06–095,
Compass Solutions, Incorporated, 2760
Eisenhower Avenue, Suite 404,
Alexandria, Virginia 22314 provides
report processing and support services
related to various fuels reporting
programs under 40 CFR parts 79 and 80.
Access to fuels data, including
information claimed as CBI, has been
on-going since October 1, 1992 and will
continue until September 30, 2010.
Compass Solutions was formerly known
as McWane and Associates and was
referenced in a 1992 letter sent to all
then-registered fuel and fuel additive
manufacturers to inform them of the
disclosure of information claimed as
CBI to these contractors. If the contract
is extended, the access described in this
paragraph will continue for the
remainder of the contract and any
further extensions without further
notice.
Under Contract Number
GS35F4381G—Task Order 1530,
Software Engineering & Specialized
Scientific Support (SES3), 8400
Corporate Drive, New Carrollton,
Maryland 20785, and its subcontractor,
Computer Sciences Corporation (CSC),
of the same address, provide IT support
services related to the engine and
vehicle compliance information system
(i.e., the system formerly called CFEIS
and currently called Verify) under 40
CFR parts 86 and 600 Access by this
contractor and subcontractor to vehicle
and engine data, including information
claimed as CBI, has been ongoing since
September 11, 2009 and is expected to
continue until September 10, 2015. If
the contract is extended, this access will
continue for the remainder of the
contract and any further extensions
without further notice. Prior to 2009, the
following contractors had access to the
data, including information claimed as
CBI, described in this paragraph: From
July 1, 2004 until September 25, 2009,
the contractor was CSC, 8400 Corporate
Drive, New Carrollton, Maryland 20785,
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
with the following subcontractors:
Concurrent Tech, Compubahn, Inc.,
TEK Systems, Science Applications
International Corporation (SAIC),
Innovate, Inc., CCS Technology Group,
Ross & Associated, and CTC. The
Contract Number was
GS00T99ALD0203, Task Order Number
T0002AJM038. From January 26, 2004
until July 7, 2006, the contractor was
Lockheed Martin, 1010 Glebe Road,
Arlington, Virginia 22201 and the
following subcontractors: Solutron,
Quest, Aprimus, DigitalNet, and Data
Tech. The Contract Number was 68–W–
04–005, Task Order Number 21. From
December 1, 1998 until June 30, 2004,
the contractor was Science Applications
International Corporation, 200 North
Glebe Road, Suite 300, Arlington,
Virginia 22203 and the following
subcontractor: DynCorp, Indus. The
Contract Number was 68–W–99–002.
Under Contract Number EPC–07–050,
URS EG&G Division, 20501 Seneca
Meadows Parkway, Suite 300,
Germantown, Maryland 20876 provides
technical services and support related to
defect and recall reporting for lightduty, heavy-duty, and non-road and
marine engines under 40 CFR parts 85
(subpart T), 89 (subpart I), 90 (subpart
I), 91 (subpart J), 92 (subpart E), 94
(subpart E), and 1068 (subpart F).
Certain data collected with regard to
testing programs (e.g., sales data for
engines and vehicles) may be claimed as
CBI. Access to data, including
information claimed as CBI, has been
ongoing since October 1, 2007 and will
continue until September 30, 2012. If
the contract is extended, this access will
continue for the remainder of the
contract and any further extensions
without further notice.
Under Contract Number EP–C–06–
003, Perrin Quarles Associates (PQA),
Inc.,1 652 Peter Jefferson Parkway, Suite
300, Charlottesville, Virginia 22911
provides technical and analytical
support that involves access to
information claimed as CBI related to
the Information Management System
(and internal certification database) and
Verify under 40 CFR parts 86 and 600,
OTAQ’s Greenhouse Gas Project (a
computer simulation of light-duty
vehicle technologies for greenhouse gas
emission reduction in the 2020–2025
timeframe), and the Fuels Economy
Trends report under 40 CFR parts 600
and 1027 Access to data, including
information claimed as CBI, started
January 9, 2006 and will continue until
December 31, 2010. If the contract is
1 On January 25, 2010, PQA announced that it
had been acquired by SRA International (SRA) of
Fairfax, Virginia.
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15:26 Feb 19, 2010
Jkt 220001
extended, this access will continue for
the remainder of the contract and any
further extensions without further
notice.
Under Contract Number GS35F4797H,
CGI, Incorporated, 12601 Fair Lakes
Circle, Fairfax, Virginia 22033 provides
IT development and support services
related to submission of data via EPA’s
Central Data Exchange (CDX) related to
various fuels reporting programs
covered by the OTAQ Fuels Reporting
System under 40 CFR parts 79 and 80
and Verify under 40 CFR parts 86 and
600. Access to fuels data, including
information claimed as CBI, started on
September 14, 2009 and will continue
until March 31, 2012. Please note that
information claimed as CBI is handled
by this contractor only in encrypted
(i.e., not human-readable) format at its
facility (at the address listed above) in
Fairfax, Virginia. If the contract is
extended, this access will continue for
the remainder of the contract and any
further extensions without further
notice.
Under Contract Number EPC–07–078,
Eastern Research Group (ERG), 110
Hartwell Avenue, Lexington,
Massachusetts 02421 provides support
to the SmartWay Transport program (a
voluntary program) by collecting data
from equipment manufacturers, vendor
sales data, fleet and operational data
from transportation providers and
logistics firms, and freight operations
data from shippers. ERG also assists in
the processing of applications for EPA
verification of diesel retrofit devices (a
voluntary program). Access to data,
including information claimed as CBI,
started on May 30, 2008 and will
continue until August 31, 2011. If the
contract is extended, this access will
continue for the remainder of the
contract and any further extensions
without further notice.
In July 2004, OTAQ utilized the
emergency services of AAA–
Datarecovery, 15 Ingleside Court,
Rockville, Maryland 20850 in order to
repair and restore a server that stored
engine certification information, under
EPA Procurement Request/Order
PROKGRM–62EH32. This contractor
had access to information claimed as
CBI, but none of that data was in a
human-readable format.
OTAQ utilizes the services of
enrollees under the Senior
Environmental Employment (SEE)
program. In Ann Arbor and Washington,
DC, these enrollees are provided
through Grant Number CQ–83880–01,
Senior Service America, Inc., (SSAI)
8403 Colesville Road, Suite 1200, Silver
Spring, Maryland 20910–3314. In
Washington, DC, enrollees are also
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provided through Grant Number CQ–
833436, the National Association for
Hispanic Elderly (NAHE), 234 E.
Colorado Blvd., Suite 300, Pasadena,
California 91101. Access to data
involving all of OTAQ’s programs,
including information claimed as CBI, is
ongoing and will continue until August
31, 2011. If these grants are extended,
this access will continue for the
remainder of the grants and any future
extensions without further notice.
Parties who wish further information
about this Notice or about OTAQ’s
disclosure of information claimed as
CBI to contactors may contact the
person listed under FOR FURTHER
INFORMATION CONTACT.
List of Subjects
Environmental protection,
Confidential business information.
Dated: February 2, 2010.
Christopher Grundler,
Deputy Director, Office of Transportation &
Air Quality.
[FR Doc. 2010–3406 Filed 2–19–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2009–0911; FRL–9115–2]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; EPA–ICR No.
1774.05—Mobile Air Conditioner
Retrofitting Program, OMB Control No.
2060–0350
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document
announces that EPA is planning to
submit a request to renew an existing
approved Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). This
ICR is scheduled to expire on July 31,
2010. Before submitting the ICR to OMB
for review and approval, EPA is
soliciting comments on specific aspects
of the proposed information collection
as described below.
DATES: Comments must be submitted on
or before April 23, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2009–0911 by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
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Agencies
[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7582-7584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3406]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2009-0866; FRL-9114-5]
Access by EPA Contractors to Information Claimed as Confidential
Business Information (CBI) Submitted Under Title II of the Clean Air
Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA's Office of Transportation and Air Quality (OTAQ) has
authorized various contractors to access information which has been
submitted to EPA under Title II of the Clean Air Act that is claimed to
be, or has been determined to be, confidential business information
(CBI). EPA is providing notice of past disclosure and of ongoing and
contemplated future disclosure.
DATES: Access by EPA contractors to material discussed in this Notice
that has been either claimed or determined to be confidential business
information (CBI) is ongoing, and is expected to continue in the
future. EPA will accept comments on this Notice through March 1, 2010.
FOR FURTHER INFORMATION CONTACT: Anne-Marie C. Pastorkovich,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW. (6406J),
Washington, DC 20460; telephone number: 202-343-9623; fax number: 202-
343-2801; e-mail address: pastorkovich.anne-marie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does This Notice Apply to Me?
This action is directed to the general public. However, this action
may be of particular interest to parties who submit or have previously
submitted information to EPA regarding the following programs: Fuel and
fuel additive registration (40 CFR part 79), various fuels programs
including reformulated gasoline, anti-dumping, gasoline sulfur, ultra
low sulfur diesel, benzene content, and the renewable fuel standard (40
CFR part 80), certification and defect reporting/recall of light-duty
vehicles (including motorcycles) and heavy duty on-highway vehicles and
engines (40 CFR part 86 and 40 CFR part 85, subpart T), certification
and defect reporting/recall of non-road compression-ignition engines
(40 CFR part 89, subparts B and I, 40 CFR part 1039, subpart C, and 40
CFR part 1068, subpart F), certification and defect reporting/recall of
spark-ignition engines less than or equal to 19 kilowatts (40 CFR part
90, subparts C and I, 40 CFR part 1054, subpart C, and 40 CFR part
1068, subpart F), certification and defect reporting/recall of marine
spark-ignition engines (40 CFR part 91, subparts B and J, 40 CFR part
1045, subpart C, and 40 CFR part 1068, subpart F), certification and
defect reporting/recall of locomotives (40 CFR part 92, subparts C and
E, 40 CFR part 1033, subpart C, and 40 CFR part 1068, subpart F),
certification and defect reporting/recall of marine compression-
ignition engines (40 CFR part 94, subparts C and E, 40 CFR part 1042,
subpart C, and 40 CFR part 1068, subpart F), certification of large
non-road spark-ignition engines (40 CFR part 1048, subpart C, and 40
CFR part 1068, subpart F), certification of recreational engines and
vehicles (40 CFR part 1051, subpart C, and 40 CFR part 1068, subpart
F), certification of non-road and stationary equipment for evaporative
emissions compliance (40 CFR part 1060, subpart C), certification of
stationary compression-ignition and spark-ignition engines (40 CFR part
60, subparts IIII and JJJJ, respectively), fees (40 CFR part 1027), and
fuel economy information (40 CFR part 600). Reports submitted to EPA
under 40 CFR parts 79 and 80 fuels programs are commonly referred to as
the ``OTAQ Fuels Reporting System.'' Reporting submitted to EPA under
40 CFR parts 86 and 600 related to engine and vehicle compliance, such
as light-duty certification and fuel economy information, is commonly
referred to by the name of the reporting system itself--i.e., as CFEIS
(prior to September 2008) and Verify (thereafter). Both the OTAQ Fuels
Reporting System and Verify utilize the EPA Central Data Exchange
(CDX).
This Notice may be of particular relevance to parties that have
submitted data under the above-listed programs or systems. Since other
parties may also be interested, the Agency has not attempted to
describe all the specific parties that may be affected by this action.
If you have further questions regarding the applicability of this
action to a particular party, please contact the person listed in FOR
FURTHER INFORMATION CONTACT.
II. How Can I Get Copies of This Document and Other Related
Information?
A. Electronically
EPA has established a public docket for this Notice under Docket
EPA-HQ-OAR-2009-0866.
All documents in the docket are identified in the docket index
available at https://www.regulations.gov. Although listed in the index,
some information is not publicly available, such as confidential
business information (CBI) or other information for which disclosure is
restricted by statute. Certain materials, such as copyrighted material,
will only be available in hard copy at the EPA Docket Center.
B. EPA Docket Center
Materials listed under Docket EPA-HQ-OAR-2009-0866 will be
available for public viewing at the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is (202) 566-1744, and the telephone number for
the Air Docket is (202) 566-1742.
III. Description of Programs and Potential Disclosure of Information
Claimed as Confidential Business Information (CBI) to Contractors
EPA's Office of Transportation and Air Quality (OTAQ) has
responsibility for protecting public health and the environment by
regulating air pollution from motor vehicles, engines, and the fuels
used to operate them, and by encouraging travel choices that minimize
emissions. In order to implement various Clean Air Act programs, and to
permit regulated entities flexibility in meeting regulatory
requirements (e.g., compliance on average), we collect compliance
reports and other information from them. Occasionally, the information
submitted is claimed to be confidential business information.
Information submitted
[[Page 7583]]
under such a claim is handled in accordance with EPA's regulations at
40 CFR part 2, subpart B and in accordance with EPA procedures,
including comprehensive system security plans (SSPs), that are
consistent with those regulations. When EPA has determined that
disclosure of information claimed as CBI to contractors is necessary,
the corresponding contract must address the appropriate use and
handling of the information by the contractor and the contractor must
require its personnel who require access to information claimed as CBI
to sign written non-disclosure agreements before they are granted
access to data.
Controls regarding the handling of information claimed as CBI,
including sharing of information with contractors, are also addressed
in individual SSPs. The required SSPs adhere to EPA regulations and
policies, as well as with the National Institute of Standards and
Technology (NIST) Standard 800-53, ``Recommended Security Controls for
Federal Information Systems and Organizations.'' (NIST Standard 800-53
addresses technical, physical, environmental and other controls for
information systems, including Local Area Networks (LANs) where
information claimed as CBI may be stored.) Security plans address
background investigations, required training, and rules of behavior for
employees and contractors who require access to information claimed as
CBI. Controls contained in OTAQ's SSPs are approved by OTAQ management
and by the Information Management Official in the Office of Air and
Radiation and such approvals are valid for a period of three (3) years,
but we review the individual controls in our SSPs at least annually or
whenever any major program or system change occurs, whichever is more
frequent. Information which has been submitted to EPA under Title II of
the Clean Air Act that is claimed to be, or has been determined to be,
CBI has been handled and will continue to be handled at all times in
accordance with the appropriate security controls as stated above.
In accordance with 40 CFR 2.301(h), we have determined that the
contractors, subcontractors, and grantees (collectively referred to as
``contractors'') listed below require access to CBI submitted to us
under Title II of the Clean Air Act and in connection with various OTAQ
programs related to fuels, vehicles, and engines and are providing
notice and an opportunity to comment. OTAQ collects this data in order
to monitor compliance with Clean Air Act programs and, in many cases,
to permit regulated parties flexibility in meeting regulatory
requirements. For example, data that may contain CBI is collected in
order to register fuels and fuel additives prior to introduction into
commerce and to certify engines. Certain programs are designed to
permit regulated parties an opportunity to comply on average, or to
engage in transactions using various types of credits. For example,
OTAQ collects information about batches of gasoline that refiners
produce in order to ensure compliance with reformulated gasoline
standards. The nature of the work and its necessity, and the type of
access granted, is described below for each contractor.
Normally, EPA is required to give affected businesses notice and an
opportunity to comment at least five (5) working days prior to
disclosure of information claimed as CBI to a Federal contractor. This
Federal Register Notice provides advance notice to all affected
businesses that, as described below, certain information may be
provided to EPA contractors or enrollees under the Senior Environmental
Employment (SEE) program.
In the past, as also described below, EPA has disclosed certain
information that had been claimed as CBI to EPA contractors providing
support services prior to providing notice to the affected businesses
and an opportunity to comment. EPA regrets this unintentional error and
has taken steps to avoid this error in the future. We are unaware of
any disclosures by contractors of information claimed as CBI. We are
publishing this notice in order to comply with the notification
requirements of 40 CFR part 2, subpart B.
We are issuing this Notice to inform all submitters of information
related to various fuels, vehicles, and engines programs that we have
provided, and may in the future provide, access to material claimed as
CBI to the contractors identified below on a need-to-know basis.
Under Contract Number EP-W-09-22, PowerSolv, Incorporated, 1801
Robert Fulton Drive 550, Reston, Virginia, 20191 and its
subcontractor, Indus Corporation, 1951 Kidwell Drive--8th Floor,
Vienna, Virginia, 22182 provide information technology (IT) development
and support services related to various fuels reporting programs under
40 CFR parts 79 and 80. The fuels programs for which reporting
information may be provided to these entities include: Fuel and fuel
additive registration, reformulated gasoline, anti-dumping, gasoline
sulfur, ultra low sulfur diesel, benzene content and the renewable fuel
standard. Access to fuels data, including information claimed as CBI,
has been ongoing since July 1, 2009 and will continue until May 31,
2010. If the contract is extended, this access will continue for the
remainder of the contract without further notice. From October 1, 1993
until September 30, 1998, the contractor was Vista Computer Services,
under Contract Number 68-W3-0032. From October 1, 1998 until March 31,
2004, the contractor was Vista Computer Services, under Contract Number
68-W-98-230. From April 1, 2004 until June 30, 2009, the contractor was
SPS Technologies, Incorporated (formerly known as Vista Computer
Services) under Contract Number EP-W-04-024.
Under Contract Number EP-06-095, Compass Solutions, Incorporated,
2760 Eisenhower Avenue, Suite 404, Alexandria, Virginia 22314 provides
report processing and support services related to various fuels
reporting programs under 40 CFR parts 79 and 80. Access to fuels data,
including information claimed as CBI, has been on-going since October
1, 1992 and will continue until September 30, 2010. Compass Solutions
was formerly known as McWane and Associates and was referenced in a
1992 letter sent to all then-registered fuel and fuel additive
manufacturers to inform them of the disclosure of information claimed
as CBI to these contractors. If the contract is extended, the access
described in this paragraph will continue for the remainder of the
contract and any further extensions without further notice.
Under Contract Number GS35F4381G--Task Order 1530, Software
Engineering & Specialized Scientific Support (SES3), 8400 Corporate
Drive, New Carrollton, Maryland 20785, and its subcontractor, Computer
Sciences Corporation (CSC), of the same address, provide IT support
services related to the engine and vehicle compliance information
system (i.e., the system formerly called CFEIS and currently called
Verify) under 40 CFR parts 86 and 600 Access by this contractor and
subcontractor to vehicle and engine data, including information claimed
as CBI, has been ongoing since September 11, 2009 and is expected to
continue until September 10, 2015. If the contract is extended, this
access will continue for the remainder of the contract and any further
extensions without further notice. Prior to 2009, the following
contractors had access to the data, including information claimed as
CBI, described in this paragraph: From July 1, 2004 until September 25,
2009, the contractor was CSC, 8400 Corporate Drive, New Carrollton,
Maryland 20785,
[[Page 7584]]
with the following subcontractors: Concurrent Tech, Compubahn, Inc.,
TEK Systems, Science Applications International Corporation (SAIC),
Innovate, Inc., CCS Technology Group, Ross & Associated, and CTC. The
Contract Number was GS00T99ALD0203, Task Order Number T0002AJM038. From
January 26, 2004 until July 7, 2006, the contractor was Lockheed
Martin, 1010 Glebe Road, Arlington, Virginia 22201 and the following
subcontractors: Solutron, Quest, Aprimus, DigitalNet, and Data Tech.
The Contract Number was 68-W-04-005, Task Order Number 21. From
December 1, 1998 until June 30, 2004, the contractor was Science
Applications International Corporation, 200 North Glebe Road, Suite
300, Arlington, Virginia 22203 and the following subcontractor:
DynCorp, Indus. The Contract Number was 68-W-99-002.
Under Contract Number EPC-07-050, URS EG&G Division, 20501 Seneca
Meadows Parkway, Suite 300, Germantown, Maryland 20876 provides
technical services and support related to defect and recall reporting
for light-duty, heavy-duty, and non-road and marine engines under 40
CFR parts 85 (subpart T), 89 (subpart I), 90 (subpart I), 91 (subpart
J), 92 (subpart E), 94 (subpart E), and 1068 (subpart F). Certain data
collected with regard to testing programs (e.g., sales data for engines
and vehicles) may be claimed as CBI. Access to data, including
information claimed as CBI, has been ongoing since October 1, 2007 and
will continue until September 30, 2012. If the contract is extended,
this access will continue for the remainder of the contract and any
further extensions without further notice.
Under Contract Number EP-C-06-003, Perrin Quarles Associates (PQA),
Inc.,\1\ 652 Peter Jefferson Parkway, Suite 300, Charlottesville,
Virginia 22911 provides technical and analytical support that involves
access to information claimed as CBI related to the Information
Management System (and internal certification database) and Verify
under 40 CFR parts 86 and 600, OTAQ's Greenhouse Gas Project (a
computer simulation of light-duty vehicle technologies for greenhouse
gas emission reduction in the 2020-2025 timeframe), and the Fuels
Economy Trends report under 40 CFR parts 600 and 1027 Access to data,
including information claimed as CBI, started January 9, 2006 and will
continue until December 31, 2010. If the contract is extended, this
access will continue for the remainder of the contract and any further
extensions without further notice.
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\1\ On January 25, 2010, PQA announced that it had been acquired
by SRA International (SRA) of Fairfax, Virginia.
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Under Contract Number GS35F4797H, CGI, Incorporated, 12601 Fair
Lakes Circle, Fairfax, Virginia 22033 provides IT development and
support services related to submission of data via EPA's Central Data
Exchange (CDX) related to various fuels reporting programs covered by
the OTAQ Fuels Reporting System under 40 CFR parts 79 and 80 and Verify
under 40 CFR parts 86 and 600. Access to fuels data, including
information claimed as CBI, started on September 14, 2009 and will
continue until March 31, 2012. Please note that information claimed as
CBI is handled by this contractor only in encrypted (i.e., not human-
readable) format at its facility (at the address listed above) in
Fairfax, Virginia. If the contract is extended, this access will
continue for the remainder of the contract and any further extensions
without further notice.
Under Contract Number EPC-07-078, Eastern Research Group (ERG), 110
Hartwell Avenue, Lexington, Massachusetts 02421 provides support to the
SmartWay Transport program (a voluntary program) by collecting data
from equipment manufacturers, vendor sales data, fleet and operational
data from transportation providers and logistics firms, and freight
operations data from shippers. ERG also assists in the processing of
applications for EPA verification of diesel retrofit devices (a
voluntary program). Access to data, including information claimed as
CBI, started on May 30, 2008 and will continue until August 31, 2011.
If the contract is extended, this access will continue for the
remainder of the contract and any further extensions without further
notice.
In July 2004, OTAQ utilized the emergency services of AAA-
Datarecovery, 15 Ingleside Court, Rockville, Maryland 20850 in order to
repair and restore a server that stored engine certification
information, under EPA Procurement Request/Order PROKGRM-62EH32. This
contractor had access to information claimed as CBI, but none of that
data was in a human-readable format.
OTAQ utilizes the services of enrollees under the Senior
Environmental Employment (SEE) program. In Ann Arbor and Washington,
DC, these enrollees are provided through Grant Number CQ-83880-01,
Senior Service America, Inc., (SSAI) 8403 Colesville Road, Suite 1200,
Silver Spring, Maryland 20910-3314. In Washington, DC, enrollees are
also provided through Grant Number CQ-833436, the National Association
for Hispanic Elderly (NAHE), 234 E. Colorado Blvd., Suite 300,
Pasadena, California 91101. Access to data involving all of OTAQ's
programs, including information claimed as CBI, is ongoing and will
continue until August 31, 2011. If these grants are extended, this
access will continue for the remainder of the grants and any future
extensions without further notice.
Parties who wish further information about this Notice or about
OTAQ's disclosure of information claimed as CBI to contactors may
contact the person listed under FOR FURTHER INFORMATION CONTACT.
List of Subjects
Environmental protection, Confidential business information.
Dated: February 2, 2010.
Christopher Grundler,
Deputy Director, Office of Transportation & Air Quality.
[FR Doc. 2010-3406 Filed 2-19-10; 8:45 am]
BILLING CODE 6560-50-P