Submission for OMB Review; Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 53708-53709 [2014-21557]

Download as PDF 53708 Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices registration review process and the stipulated injunction reinstates the buffers in the interim. The no-spray buffers in the proposed stipulated injunction extend 300 feet from salmon supporting waters for aerial applications of the five pesticides and 60 feet for ground applications. Under this settlement agreement, there are three relevant use exemptions carried over from the WTC case: 1. Public health vector control administered by public entities, such as the use of malathion by local governments for mosquito control. 2. NMFS-authorized programs (i.e., where a NMFS finding or permit allows use within the buffers). 3. Use of carbaryl under a Washington state-issued 24(c) registration for oyster beds in the estuarine mudflats of Willapa Bay and Grays Harbor. tkelley on DSK3SPTVN1PROD with NOTICES B. What is the Agency’s authority for taking this action? On November 29, 2010, NCAP and other environmental groups and fishing interests filed a lawsuit in the Federal District Court for the Western District of Washington alleging that EPA failed to comply with sections 7 and 9 of the ESA (16 U.S.C. 1536, 1538) with regard to the effects of six EPA-registered pesticides (carbaryl, carbofuran, chlorpyrifos, diazinon, malathion, and methomyl) on 28 Pacific salmonid species that are listed as endangered or threatened under the ESA (NCAP, et al. v. EPA, C10–01919 (W.D. Wash.)). Subsequent to the filing of the case, all carbofuran end-use product registrations were cancelled, effectively leaving only five pesticides at issue in the litigation. On February 21, 2013, in Dow Agrosciences LLC v. NMFS, 707 F.3d 462 (4th Cir. 2013), the U.S. Court of Appeals for the 4th Circuit vacated the NMFS biological opinion addressing chlorpyrifos, diazinon, and malathion. Following that ruling, the Plaintiffs in the NCAP v. EPA litigation supplemented their original complaint to assert that in the absence of a valid biological opinion, EPA had failed to complete consultation on those three pesticides. In the fall of 2013, the intervenors, CropLife America and other pesticide industry and pesticide user groups, filed a motion to dismiss both that claim and claims that EPA’s registration of the pesticides was in violation of the ‘‘take’’ provisions of section 9 of the ESA. On January 28, 2014, Judge Zilly denied intervenors’ motion to dismiss these claims. Subsequent to that ruling, the parties filed a stipulated motion to stay the NCAP v. EPA litigation to allow VerDate Mar<15>2010 19:04 Sep 09, 2014 Jkt 232001 the parties to discuss the potential for settlement. On June 6, 2014, EPA sought public comment on a proposed agreement with plaintiffs, in the form of a stipulated injunction, to reinstitute the no-spray buffers originally established in the WTC v. EPA litigation during the period that EPA develops new biological evaluations for salmonid species (which will be completed in connection with the development of EPA’s national FIFRA registration reviews for these pesticides). Following review of the comments, most of which supported the proposed agreement, EPA filed the agreement with the Court and the Court entered the stipulated injunction on August 15, 2014. These buffer zones will remain in place until EPA implements any necessary protections for Pacific salmon and steelhead based on reinitiated consultations with NMFS. In separate litigation, NCAP v. NMFS, C07–1791 (W.D. Wash.), NMFS has agreed to complete any consultation EPA reinitiates on chlorpyrifos, diazinon, and malathion by December 2017, and any consultation EPA reinitiates on carbaryl and methomyl by December 2018. These dates are intended to correspond with EPA’s FIFRA registration review schedule for these pesticides. The stipulated injunction also requires EPA to provide notice of the reinstitution of the no-spray buffers zones to numerous groups, including certified applicators, state and local governments, federal agencies, user groups, extension services and land grant universities in affected portions of California, Oregon, and Washington. It also requires EPA to provide certain information to the public and pesticide users through the EPA Web site, including maps that highlight the stream reaches where the buffer zones apply. The stipulated injunction is available at http://www.regulations.gov/ #!documentDetail;D=EPA-HQ-OPP2014-0301-0001. List of Subjects Environmental protection, endangered species. Dated: August 28, 2014. Marty Monell, Acting Director, Office of Chemical Safety and Pollution Prevention, Office of Pesticide Programs. [FR Doc. 2014–21414 Filed 9–9–14; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0183;Docket No. 2014–0055; Sequence 13] Submission for OMB Review; Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension, to an existing OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review an extension of a currently approved information collection requirement regarding Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions. This request for extension relates to FAR case 2013–022, Extension of Limitations on Contractor Employee Personal Conflicts of Interest, proposed rule, which published updated burden hours in the Federal Register at 79 FR 18503 on April 2, 2014. A notice was published in the Federal Register at 79 FR 33557 on June 11, 2014. No comments were received. DATES: Submit comments on or before October 10, 2014. ADDRESSES: Submit comments identified by Information Collection 9000–0183, Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number 9000–0183. Select the link ‘‘Comment Now’’ that corresponds with ‘‘Information Collection 9000–0183, Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions’’. Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0183, Preventing Personal Conflicts of Interest for Contractor Employees Performing SUMMARY: E:\FR\FM\10SEN1.SGM 10SEN1 Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES Acquisition Functions’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405–0001. ATTN: Ms. Flowers/IC 9000–0183. Instructions: Please submit comments only and cite Information Collection 9000–0183, Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement Analyst, Acquisition Policy Division, GSA 202– 219–0202 or email cecelia.davis@ gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose This is a request for an extension of an existing information collection requirement concerning the Office of Management and Budget (OMB) Control Number 9000–0183, Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions. The request uses the burden hours provided in the proposed FAR rule (2013–022). The proposed rule expands the coverage and proposes to amend the FAR by implementing section 829 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) to extend the limitations on contractor employee personal conflicts of interest. The limits on personal conflicts of interest are being extended to: (1) The performance of all functions that are closely associated with inherently governmental functions (not just acquisition functions) and (2) contracts for personal services (to the extent such contracts are authorized by law, e.g., legal or medical services). In the current information collection, Section 841(a) requires the Administrator for Federal Procurement Policy to develop and issue a standard policy to prevent personal conflicts of interest by contractor employees performing acquisition functions. The policy is related to inherently governmental functions, and an associated personal conflicts-of-interest clause or set off clauses. Contractors are required to notify contracting officers whenever they become aware of any personal conflict of interest violations by a covered VerDate Mar<15>2010 19:04 Sep 09, 2014 Jkt 232001 employee. The objective of the notification requirement is to emphasize the critical importance of integrity in contracting and reduce the occurrence of personal conflict-of-interest violations by contractor employees performing acquisition-related functions. In addition, contractors have the opportunity, in exceptional circumstances, to request mitigation or waiver of the personal conflict-ofinterest standards. The information is used by the Government to evaluate the requested mitigation/waiver. B. The Annual Reporting Burden Estimated as Follows Respondents: 188. Responses per Respondent: 1. Total Responses: 188. Hours per Response: 30. Total Burden Hours: 5640. The annual recordkeeping burden is estimated as follows: Recordkeepers: 9,361. Hours per recordkeeper: 59. Total recordkeeping hours: 552,299. C. Public Comments Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405–0001 telephone 202–501–4755. Please cite OMB Control No. 9000–0183, Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, in all correspondence. Dated: September 4, 2014. Edward Loeb, Acting Director, Federal Acquisition Policy Division, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2014–21557 Filed 9–9–14; 8:45 am] BILLING CODE 6820–EP–P PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 53709 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial review The meeting announced below concerns NIOSH Member Conflict Review, PA 07–318, initial review. These applications are submitted by members of the Safety and Occupational Health Study Section and must be reviewed outside of the regular panel meeting to avoid any conflict of interest. In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting: Time And Date: 1:00 p.m.–3:00 p.m., October 28, 2014 (Closed). Place: Teleconference. Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92–463. Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to ‘‘NIOSH Member Conflict Review, PA 07–318. Contact Person for More Information: Nina Turner, Ph.D., Scientific Review Officer, 1095 Willowdale Road, Morgantown, WV 26506, Telephone: (304) 285–5976. The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry. Claudette Grant, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. 2014–21568 Filed 9–9–14; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Safety and Occupational Health Study Section (SOHSS), National Institute for Occupational Safety and Health (NIOSH or Institute) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53708-53709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21557]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0183;Docket No. 2014-0055; Sequence 13]


Submission for OMB Review; Preventing Personal Conflicts of 
Interest for Contractor Employees Performing Acquisition Functions

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for public comments regarding an extension, 
to an existing OMB clearance.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. 
chapter 35), the Regulatory Secretariat Division (MVCB) will be 
submitting to the Office of Management and Budget (OMB) a request to 
review an extension of a currently approved information collection 
requirement regarding Preventing Personal Conflicts of Interest for 
Contractor Employees Performing Acquisition Functions. This request for 
extension relates to FAR case 2013-022, Extension of Limitations on 
Contractor Employee Personal Conflicts of Interest, proposed rule, 
which published updated burden hours in the Federal Register at 79 FR 
18503 on April 2, 2014. A notice was published in the Federal Register 
at 79 FR 33557 on June 11, 2014. No comments were received.

DATES: Submit comments on or before October 10, 2014.

ADDRESSES: Submit comments identified by Information Collection 9000-
0183, Preventing Personal Conflicts of Interest for Contractor 
Employees Performing Acquisition Functions by any of the following 
methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by searching the 
OMB control number 9000-0183. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0183, Preventing 
Personal Conflicts of Interest for Contractor Employees Performing 
Acquisition Functions''. Follow the instructions provided on the 
screen. Please include your name, company name (if any), and 
``Information Collection 9000-0183, Preventing Personal Conflicts of 
Interest for Contractor Employees Performing

[[Page 53709]]

Acquisition Functions'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405-
0001. ATTN: Ms. Flowers/IC 9000-0183.

Instructions: Please submit comments only and cite Information 
Collection 9000-0183, Preventing Personal Conflicts of Interest for 
Contractor Employees Performing Acquisition Functions, in all 
correspondence related to this collection. All comments received will 
be posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, Acquisition Policy Division, GSA 202-219-0202 or email 
cecelia.davis@gsa.gov.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    This is a request for an extension of an existing information 
collection requirement concerning the Office of Management and Budget 
(OMB) Control Number 9000-0183, Preventing Personal Conflicts of 
Interest for Contractor Employees Performing Acquisition Functions. The 
request uses the burden hours provided in the proposed FAR rule (2013-
022).
    The proposed rule expands the coverage and proposes to amend the 
FAR by implementing section 829 of the National Defense Authorization 
Act for Fiscal Year 2013 (Pub. L. 112-239) to extend the limitations on 
contractor employee personal conflicts of interest. The limits on 
personal conflicts of interest are being extended to: (1) The 
performance of all functions that are closely associated with 
inherently governmental functions (not just acquisition functions) and 
(2) contracts for personal services (to the extent such contracts are 
authorized by law, e.g., legal or medical services).
    In the current information collection, Section 841(a) requires the 
Administrator for Federal Procurement Policy to develop and issue a 
standard policy to prevent personal conflicts of interest by contractor 
employees performing acquisition functions. The policy is related to 
inherently governmental functions, and an associated personal 
conflicts-of-interest clause or set off clauses.
    Contractors are required to notify contracting officers whenever 
they become aware of any personal conflict of interest violations by a 
covered employee. The objective of the notification requirement is to 
emphasize the critical importance of integrity in contracting and 
reduce the occurrence of personal conflict-of-interest violations by 
contractor employees performing acquisition-related functions.
    In addition, contractors have the opportunity, in exceptional 
circumstances, to request mitigation or waiver of the personal 
conflict-of-interest standards. The information is used by the 
Government to evaluate the requested mitigation/waiver.

B. The Annual Reporting Burden Estimated as Follows

    Respondents: 188.
    Responses per Respondent: 1.
    Total Responses: 188.
    Hours per Response: 30.
    Total Burden Hours: 5640.
    The annual recordkeeping burden is estimated as follows:
    Recordkeepers: 9,361.
    Hours per recordkeeper: 59.
    Total recordkeeping hours: 552,299.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., Washington, DC 20405-0001 telephone 202-501-4755. Please cite OMB 
Control No. 9000-0183, Preventing Personal Conflicts of Interest for 
Contractor Employees Performing Acquisition Functions, in all 
correspondence.

    Dated: September 4, 2014.
Edward Loeb,
Acting Director, Federal Acquisition Policy Division, Office of 
Government-wide Acquisition Policy, Office of Acquisition Policy, 
Office of Government-wide Policy.
[FR Doc. 2014-21557 Filed 9-9-14; 8:45 am]
BILLING CODE 6820-EP-P