[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]
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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.
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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
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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
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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 http://epa.gov/docs/irmpoli8/.
[FR Doc. 2011-33844 Filed 1-4-12; 8:45 am]
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