EPAAR Clause for Compliance With EPA Policies for Information Resources Management, 427-429 [2011-33844]

Download as PDF 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: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05JAR1.SGM 05JAR1 428 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 Frm 00010 Fmt 4700 Sfmt 4700 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 VerDate Mar<15>2010 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 05JAR1

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]
BILLING CODE P
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