EPAAR Clause for Compliance With EPA Policies for Information Resources Management, 427-429 [2011-33844]
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427
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations
Location and case
No.
State and county
Liberty ...............
City of Hinesville
(11–04–0768P).
Liberty ...............
Unincorporated
areas of Liberty
County (11–04–
0768P).
City of Olive Branch
(11–04–4496P).
Mississippi: DeSoto
Nevada:
Clark .................
Clark .................
Utah: Box Elder .......
Wyoming:
Campbell ..........
Campbell ..........
City of Henderson
(11–09–3801P).
Unincorporated
areas of Clark
County (11–09–
3801P).
City of Willard (11–
08–0207P).
Date and name of newspaper
where notice was published
September 26, 2011 .......
130125
September 26, 2011 .......
130123
March 2, 2012 ................
280286
October 6, 2011;
2011; The Las
view-Journal.
October 6, 2011;
2011; The Las
view-Journal.
The Honorable Andy A. Hafen, Mayor,
City of Henderson, 240 Water Street,
Henderson, NV 89015.
The Honorable Susan Brager, Chair,
Clark County Board of Commissioners,
500 South Grand Central Parkway, Las
Vegas, NV 89155.
The Honorable Ken Braegger, Mayor,
City of Willard, 80 West 50 South, Willard, UT 84340.
February 10, 2012 ..........
320005
February 10, 2012 ..........
320003
February 2, 2012 ............
490011
The Honorable Tom Murphy, Mayor, City
of Gillette, 201 East 5th Street, Gillette,
WY 82717.
The Honorable Stephen F. Hughes,
Chairman, Campbell County Board of
Commissioners, 500 South Gillette Avenue, Suite 1100, Gillette, WY 82717.
February 22, 2012 ..........
560007
February 22, 2012 ..........
560081
October 13,
Vegas Re-
September 28, 2011; October
5, 2011; The Box Elder
News Journal.
October 18, 2011; October 25,
2011; The News-Record.
Unincorporated
areas of Campbell
County (11–08–
0780P).
October 18, 2011; October 25,
2011; The News-Record.
Dated: December 20, 2011.
Sandra K. Knight,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2011–33773 Filed 1–4–12; 8:45 am]
BILLING CODE 9110–12–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Part 1552
[EPA–HQ–OARM–2010–0764; FRL–9616–2]
EPAAR Clause for Compliance With
EPA Policies for Information
Resources Management
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA will amend the EPA
Acquisition Regulation (EPAAR) to
revise the content of a clause that
addresses compliance policies for
information resources management in
contracts. This revision incorporates to
the EPAAR, administrative changes to
update terminology and Web site links
related to EPA policies for information
resources management.
DATES: This final rule is January 20,
2012.
SUMMARY:
emcdonald on DSK5VPTVN1PROD with RULES
October 13,
Vegas Re-
City of Gillette (11–
08–0780P).
14:51 Jan 04, 2012
Community
No.
September 30, 2011; October The Honorable James Thomas, Jr.,
7, 2011; The Coastal Courier.
Mayor, City of Hinesville, 115 East Martin Luther King, Jr. Drive, Hinesville, GA
31313.
September 30, 2011; October The Honorable John D. McIver, Chair7, 2011; The Coastal Courier.
man, Liberty County Board of Commissioners, 112 North Main Street,
Hinesville, GA 31310.
October 27, 2011; November 3, The Honorable Sam Rikard, Mayor, City
2011; The DeSoto Timesof Olive Branch, 9200 Pigeon Roost
Tribune.
Road, Olive Branch, MS 38654.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
VerDate Mar<15>2010
Effective date of
modification
Chief executive officer of community
Jkt 226001
EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OARM–2010–0764. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Office of Environmental (OEI)
Information Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Avenue
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OEI Docket is (202) 566–
1752.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Donna S. Blanding, Policy, Training,
and Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; telephone number: (202)
564–1130; fax number: (202) 565–2475;
email address:
blanding.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. General Information
A. Does this action apply to me?
Entities potentially affected by this
action include firms that are performing
or will perform under contract for the
EPA. This includes firms in all industry
groups.
II. Background
In May, 2010 during the review of
clause 1552.211–79 the EPA Office of
Environmental Information (OEI), the
Office of Acquisition Management
(OAM) and other offices found
information within this clause to be
outdated. The administrative updates to
the clause will bring it in line with
current EPA policy.
III. Final Rule
This rule amends the EPAAR to revise
the clause 1552.211–79, Compliance
with EPA Policies for Information
Resources Management. The proposed
rule was published on May 6, 2011. No
Comments were received.
IV. 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 not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO)12866 (58 FR
51735, October 4, 1993) and E.O. 13563
(76 FR 3821, January 21, 2011).
Therefore, no review is required by the
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05JAR1
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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations
Office of Information and Regulatory
Affairs within the Office of Management
and Budget (OMB).
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. No
information is collected under this
action.
emcdonald on DSK5VPTVN1PROD with RULES
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.
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute; unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impact
of today’s final rule on small entities,
‘‘small entity’’ is defined as: (1) A small
business that meets the definition of a
small business found in the Small
Business Act and codified at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this rule on small entities, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action revises a current EPAAR
clause and does not impose
requirements involving capital
investment, implementing procedures,
or record keeping. This rule will not
have a significant economic impact on
small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, Local,
and Tribal governments and the private
sector.
This rule contains no Federal
mandates (under the regulatory
provisions of the Title II of the UMRA)
for State, Local, and Tribal governments
VerDate Mar<15>2010
14:51 Jan 04, 2012
Jkt 226001
or the private sector. The rule imposes
no enforceable duty on any State, Local
or Tribal governments or the private
sector. Thus, the rule is not subject to
the requirements of Sections 202 and
205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and Local officials in the development
of regulatory policies that have
federalism implications.’’ ‘‘Policies that
have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. Today’s rule on
Compliance with EPA Policies for
Information Resources Management
provides updates to outdated
information currently in the clause,
these changes are administrative. Thus,
Executive Order 13132 does not apply
to this rule. In the spirit of Executive
Order 13132, and consistent with EPA
policy to promote communications
between EPA and State and Local
governments, EPA specifically solicited
comments from State and Local officials
on this rule and no comments were
received.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule does not have
tribal implications, as specified in
Executive Order 13175. This rule on
EPA’s Policies for Information
Resources Management provides
guidance on the interaction between
contracting officials and contractors
only. This Executive Order 13175 does
not apply to this rule. EPA solicited
PO 00000
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Fmt 4700
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comments on this rule and no
comments were received from tribal
officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045, entitled
‘‘Protection of Children from
Environmental Health and Safety Risks’’
(62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be
economically significant as defined
under Executive Order 12886, and (2)
concerns an environmental health or
safety risk that may have a
proportionate effect on children. This
rule is not subject to Executive Order
13045 because it is not an economically
significant rule as defined by Executive
Order 12866, and because it does not
involve decisions on environmental
health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution of Use’’ (66
FR 28335 (May 22, 2001), because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C 272 note) of
NTTA, Public Law 104–113, directs
EPA to use voluntary consensus
standards in its regulatory activities,
unless to do so would be inconsistent
with applicable law, or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.
materials specifications, test methods,
sampling procedures and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 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
E:\FR\FM\05JAR1.SGM
05JAR1
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this 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. This
rulemaking does not involve human
health or environmental affects.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, does not apply
because this action is not a rule, for
purposes of 5 U.S.C. 804(3).
This rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
List of Subjects in 48 CFR Part 1552
Environmental protection,
Government procurement.
Dated: November 18, 2011.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 1552 is
amended as set forth below:
PART 1552—DESCRIBING AGENCY
NEEDS
1. The authority citation for part 1552
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.
2. Revise 1552.211–79 to read as
follows:
■
emcdonald on DSK5VPTVN1PROD with RULES
1552.211–79 Compliance With EPA
Policies for Information Resources
Management.
As prescribed in 1511.011–79, insert
the following clause:
Compliance with EPA Policies for
Information Resources Management
(a) Definition. Information Resources
Management (IRM) is defined as any
planning, budgeting, organizing,
directing, training, promoting,
controlling, and managing activities
associated with the burden, collection,
creation, use and dissemination of
information. IRM includes both
information itself and the management
of information and related resources
such as personnel, equipment, funds,
and technology. Examples of these
services include but are not limited to
the following:
(1) The acquisition, creation, or
modification of a computer program or
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14:51 Jan 04, 2012
Jkt 226001
automated data base for delivery to EPA
or use by EPA or contractors operating
EPA programs.
(2) The analysis of requirements for,
study of the feasibility of, evaluation of
alternatives for, or design and
development of a computer program or
automated data base for use by EPA or
contractors operating EPA programs.
(3) Services that provide EPA
personnel access to or use of computer
or word processing equipment,
software, or related services.
(4) Services that provide EPA
personnel access to or use of: Data
communications; electronic messaging
services or capabilities; electronic
bulletin boards, or other forms of
electronic information dissemination;
electronic record-keeping; or any other
automated information services.
(b) General. The Contractor shall
perform any IRM-related work under
this contract in accordance with the
IRM policies, standards, and procedures
set forth on the Office of Environmental
Information policy Web site. Upon
receipt of a work request (i.e. delivery
order, task order, or work assignment),
the Contractor shall check this listing of
directives. The applicable directives for
performance of the work request are
those in effect on the date of issuance
of the work request. The 2100 Series
(2100–2199) of the Agency’s Directive
System contains the majority of the
Agency’s IRM policies, standards, and
procedures.
(c) Section 508 requirements. Contract
deliverables are required to be
compliant with Section 508
requirements. The Environmental
Protection Agency policy for 508
compliance can be found on the
Agency’s Directive System identified in
section (d) of this clause under policy
number CIO 2130.0, Accessible
Electronic and Information Technology.
Additional information on Section 508
including EPA’s 508 policy can be
found at www.epa.gov/accessibility.
(d) Electronic access. A complete
listing, including full text, of documents
included in the 2100 Series of the
Agency’s Directive System is
maintained on the EPA Public Access
Server on the Internet at https://epa.gov/
docs/irmpoli8/.
[FR Doc. 2011–33844 Filed 1–4–12; 8:45 am]
BILLING CODE P
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429
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 173
[Docket No. PHMSA–2011–0315; Notice No.
11–13]
Clarification and Further Guidance on
the Fireworks Approvals Policy
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Clarification.
AGENCY:
This clarification provides
further guidance on PHMSA’s policy
that it will only accept fireworks
approvals applications from fireworks
manufacturers or their designated agents
and grant approvals only to
manufacturers of fireworks devices.
This clarification and additional
guidance follows the issuance of Docket
No. PHMSA–2010–0353; Notice 10–9,
published on June 29, 2011.
DATES: The policy clarification
discussed in this document is effective
January 5, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Paquet, Director, Approvals and
Permits Division, Office of Hazardous
Materials Safety, (202) 366–4512,
PHMSA, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Introduction
This document provides clarification
and further guidance on PHMSA’s
Office of Hazardous Materials Safety
(OHMS), Clarification of the Fireworks
Approval Policy published on June 29,
2011 (76 FR 38053). Specifically, this
document provides clarification and
additional guidance on how we intend
to implement our policy with respect to:
(1) EX classification approvals with
expiration dates; (2) applications from
non-manufacturers that seek to add new
item names to existing EX classification
approvals; and (3) applications from
non-manufacturers that were denied
prior to June 29, 2011.
In addition to addressing questions as
to how we intend to implement our
earlier policy clarification, this
document clarifies our policy regarding
the transfer of EX classification
approvals.
II. Background
The transportation of an explosive
(fireworks device) requires an EX
classification approval issued by
PHMSA, commonly referred to as an EX
number. The EX number is a unique
E:\FR\FM\05JAR1.SGM
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Agencies
[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Rules and Regulations]
[Pages 427-429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33844]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1552
[EPA-HQ-OARM-2010-0764; FRL-9616-2]
EPAAR Clause for Compliance With EPA Policies for Information
Resources Management
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA will amend the EPA Acquisition Regulation (EPAAR) to
revise the content of a clause that addresses compliance policies for
information resources management in contracts. This revision
incorporates to the EPAAR, administrative changes to update terminology
and Web site links related to EPA policies for information resources
management.
DATES: This final rule is January 20, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OARM-2010-0764. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Office of Environmental
(OEI) Information Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the OEI Docket is (202)
566-1752.
FOR FURTHER INFORMATION CONTACT: Donna S. Blanding, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number: (202) 564-1130; fax number:
(202) 565-2475; email address: blanding.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this action include firms that are
performing or will perform under contract for the EPA. This includes
firms in all industry groups.
II. Background
In May, 2010 during the review of clause 1552.211-79 the EPA Office
of Environmental Information (OEI), the Office of Acquisition
Management (OAM) and other offices found information within this clause
to be outdated. The administrative updates to the clause will bring it
in line with current EPA policy.
III. Final Rule
This rule amends the EPAAR to revise the clause 1552.211-79,
Compliance with EPA Policies for Information Resources Management. The
proposed rule was published on May 6, 2011. No Comments were received.
IV. 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 not a ``significant regulatory action'' under the
terms of Executive Order (EO)12866 (58 FR 51735, October 4, 1993) and
E.O. 13563 (76 FR 3821, January 21, 2011). Therefore, no review is
required by the
[[Page 428]]
Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.
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.
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
For purposes of assessing the impact of today's final rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR clause and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
This rule contains no Federal mandates (under the regulatory
provisions of the Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of Sections 202 and 205 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Today's rule on Compliance with EPA
Policies for Information Resources Management provides updates to
outdated information currently in the clause, these changes are
administrative. Thus, Executive Order 13132 does not apply to this
rule. In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and Local
governments, EPA specifically solicited comments from State and Local
officials on this rule and no comments were received.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175. This rule
on EPA's Policies for Information Resources Management provides
guidance on the interaction between contracting officials and
contractors only. This Executive Order 13175 does not apply to this
rule. EPA solicited comments on this rule and no comments were received
from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution of Use'' (66 FR 28335 (May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C 272 note) of NTTA, Public Law 104-113,
directs EPA to use voluntary consensus standards in its regulatory
activities, unless to do so would be inconsistent with applicable law,
or otherwise impractical. Voluntary consensus standards are technical
standards (e.g. materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 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
[[Page 429]]
environmental effects of their programs, policies, and activities on
minority populations and low-income populations in the United States.
EPA has determined that this 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. This rulemaking
does not involve human health or environmental affects.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
List of Subjects in 48 CFR Part 1552
Environmental protection, Government procurement.
Dated: November 18, 2011.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 1552 is amended as set forth below:
PART 1552--DESCRIBING AGENCY NEEDS
0
1. The authority citation for part 1552 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 1552.211-79 to read as follows:
1552.211-79 Compliance With EPA Policies for Information Resources
Management.
As prescribed in 1511.011-79, insert the following clause:
Compliance with EPA Policies for Information Resources Management
(a) Definition. Information Resources Management (IRM) is defined
as any planning, budgeting, organizing, directing, training, promoting,
controlling, and managing activities associated with the burden,
collection, creation, use and dissemination of information. IRM
includes both information itself and the management of information and
related resources such as personnel, equipment, funds, and technology.
Examples of these services include but are not limited to the
following:
(1) The acquisition, creation, or modification of a computer
program or automated data base for delivery to EPA or use by EPA or
contractors operating EPA programs.
(2) The analysis of requirements for, study of the feasibility of,
evaluation of alternatives for, or design and development of a computer
program or automated data base for use by EPA or contractors operating
EPA programs.
(3) Services that provide EPA personnel access to or use of
computer or word processing equipment, software, or related services.
(4) Services that provide EPA personnel access to or use of: Data
communications; electronic messaging services or capabilities;
electronic bulletin boards, or other forms of electronic information
dissemination; electronic record-keeping; or any other automated
information services.
(b) General. The Contractor shall perform any IRM-related work
under this contract in accordance with the IRM policies, standards, and
procedures set forth on the Office of Environmental Information policy
Web site. Upon receipt of a work request (i.e. delivery order, task
order, or work assignment), the Contractor shall check this listing of
directives. The applicable directives for performance of the work
request are those in effect on the date of issuance of the work
request. The 2100 Series (2100-2199) of the Agency's Directive System
contains the majority of the Agency's IRM policies, standards, and
procedures.
(c) Section 508 requirements. Contract deliverables are required to
be compliant with Section 508 requirements. The Environmental
Protection Agency policy for 508 compliance can be found on the
Agency's Directive System identified in section (d) of this clause
under policy number CIO 2130.0, Accessible Electronic and Information
Technology. Additional information on Section 508 including EPA's 508
policy can be found at www.epa.gov/accessibility.
(d) Electronic access. A complete listing, including full text, of
documents included in the 2100 Series of the Agency's Directive System
is maintained on the EPA Public Access Server on the Internet at https://epa.gov/docs/irmpoli8/.
[FR Doc. 2011-33844 Filed 1-4-12; 8:45 am]
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