2988
Federal
Register
/
Vol.
68,
No.
14
/
Wednesday,
January
22,
2003
/
Proposed
Rules
TABLE
5
TO
SUBPART
TTTTT
OF
PART
63.
 
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
TTTTT
OF
PART
63
 
Continued
As
required
in
§
63.9950,
you
must
comply
with
the
requirements
of
the
NESHAP
General
Provisions
(
40
CFR
part
63,
subpart
A)
shown
in
the
following
table:

Citation
Subject
Applies
to
Subpart
TTTTT
Explanation
63.5
.................................
Construction
and
Reconstruction
...........................
Yes.
63.6(
a)
 
(
g)
......................
Compliance
with
Standards
and
Maintenance
Requirements
Yes.

63.6(
h)
.............................
Determining
Compliance
with
Opacity
and
Visible
Emission
standards.
No.

63.6(
i)
 
(
j)
.........................
Extension
of
Compliance
and
Presidential
Compliance
Exemption.
Yes.

63.7(
a)(
1)
 
(
2)
..................
Applicability
and
Performance
Test
Dates
.............
No
............
Subpart
TTTTT
specifies
performance
test
applicability
and
dates.
63.7(
a)(
3),
(
b)
 
(
h)
...........
Performance
Testing
Requirements
.......................
Yes.
63.8
except
for
(
a)(
4),(
c)(
4),
and
(
f)(
6).
Monitoring
Requirements
........................................
Yes.

63.8(
a)(
4)
........................
Additional
Monitoring
Requirements
for
Control
Devices
in
§
63.11.
No
............
Subpart
TTTTT
does
not
require
flares.

63.8(
c)(
4)
.........................
Continuous
Monitoring
System
Requirements
.......
No
............
Subpart
TTTTT
specifies
requirements
for
operation
of
CMS.
63.8(
f)(
6)
.........................
Relative
Accuracy
Test
Alternative
(
RATA)
...........
No
............
Subpart
TTTTT
does
not
require
continuous
emission
monitoring
systems.
63.9
.................................
Notification
Requirements
.......................................
Yes
63.9(
g)(
5)
........................
Data
Reduction
.......................................................
No
............
Subpart
TTTTT
specifies
data
reduction
requirements
63.10
except
for(
b)(
2)(
xiii)
and
(
c)(
7)
 
(
8).
Recordkeeping
and
Reporting
Requirements
........
Yes.

63.10(
b)(
2)(
xiii)
................
Continuous
Monitoring
System
(
CMS)
Records
for
RATA
Alternative.
No
............
Subpart
TTTTT
does
not
require
continuous
emission
monitoring
systems.
63.10(
c)(
7)
 
(
8)
................
Records
of
Excess
Emissions
and
Parameter
Monitoring
Accedences
for
CMS.
No
............
Subpart
TTTTT
specifies
recordkeeping
requirements
63.11
...............................
Control
Device
Requirements
.................................
No
............
Subpart
TTTTT
does
not
require
flares.
63.12
...............................
State
Authority
and
Delegations
.............................
Yes.
63.13
 
63.15
....................
Addresses,
Incorporation
by
Reference,
Availability
of
Information.
Yes.

[
FR
Doc.
03
 
89
Filed
1
 
21
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
48
CFR
Parts
1511
and
1552
[
FRL
 
7441
 
1]

Acquisition
Regulation:
Background
Checks
for
Environmental
Protection
Agency
Contractors
Performing
Services
On­
Site
AGENCY:
Environmental
Protection
Agency.
ACTION:
Proposed
rule.

SUMMARY:
The
Environmental
Protection
Agency
(
EPA)
is
proposing
to
amend
the
EPA
Acquisition
Regulation
(
EPAAR)
to
add
a
clause
requiring
contractors
(
and
subcontractors)
to
perform
background
checks
and
make
suitability
determinations
for
contractor
(
and
subcontractor)
employees
performing
services
on
or
within
Federally­
owned
or
leased
space
and
facilities,
commercial
space
primarily
occupied
by
Federal
employees,
and
Superfund,
Oil
Pollution
Act,
and
Stafford
Act
sites.
The
clause
will
require
contractors
(
and
subcontractors)
to
perform
background
checks
and
make
suitability
determinations
on
their
employees
before
the
employees
can
perform
onsite
contract
services
for
the
EPA.
Contracting
Officers
will
be
allowed
to
waive
the
requirements
of
the
clause
on
a
case­
by­
case
basis.
The
process
contemplated
by
the
clause
will
allow
EPA
to
mitigate
any
actual
or
potential
threat
to
the
public
health,
welfare
and
the
environment.
DATES:
Comments
should
be
submitted
no
later
than
March
24,
2003.
ADDRESSES:
Comments
may
be
submitted
by
mail,
electronically,
or
through
hand
delivery/
courier.
For
comments
submitted
by
mail,
send
three
copies
of
your
comments
to:
OEI
Docket,
Title:
Background
Checks
for
EPA
Contractors
Performing
Services
On­
Site,
EPA
Docket
Center
(
28221T),
1200
Pennsylvania
Ave.,
NW,
Washington
DC,
20460,
Attention
Docket
ID
No.
OARM
 
2002
 
0001.
For
comments
submitted
electronically
or
through
hand
delivery/
courier,
please
follow
the
detailed
instructions
as
provided
in
Unit
I
of
the
SUPPLEMENTARY
INFORMATION
section.
FOR
FURTHER
INFORMATION
CONTACT:
Thomas
Valentino,
U.
S.
EPA,
Office
of
Acquisition
Management,
Mail
Code
(
3802R),
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460,
Telephone:
(
202)
564
 
4522.
SUPPLEMENTARY
INFORMATION:
Information
on
the
proposed
regulation
for
background
checks
for
contractors
(
and
subcontractors)
performing
on­
site
work
is
organized
as
follows:

I.
General
Information
A.
How
Can
I
Get
Copies
of
This
Document
and
Other
Related
Information?
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
OARM
 
2002
 
0001.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
The
official
public
docket
is
the
collection
of
materials
that
is
available
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/
Vol.
68,
No.
14
/
Wednesday,
January
22,
2003
/
Proposed
Rules
for
public
viewing
at
the
EPA
Docket
Center,
(
EPA/
DC)
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566
 
1742.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
identification
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
Confidential
Business
Information
(
CBI)
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
A.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

B.
How
and
to
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
identification
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments,
but
may
consider
them
if
time
permits.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
below,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
e­
mail
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment,
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties,
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,
select
``
search,''
and
then
key
in
Docket
ID
No.
OARM
 
2002
 
0001.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
electronic
mail
(
e­
mail)
to
oei.
docket@
epa.
gov,
Attention
Docket
ID
No.
OARM
 
2002
 
0001.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
email
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
Docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
B.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Please
avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
Mail.
Send
three
copies
of
your
comments
to:
OEI
Docket,
Title:
Background
Checks
for
EPA
Contractors
Performing
Services
On­
Site,
EPA
Docket
Center
(
28221T),
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
20460,
Attention
Docket
ID
No.
OARM
 
2002
 
0001.
3.
By
Hand
Delivery
or
Courier.
Deliver
your
comments
to:
EPA
Docket
Center,
EPA
West,
Room
B102,
1301
Constitution
Ave,
NW.,
Washington,
DC
20004,
Attention
Docket
ID
No.
OARM
 
2002
 
0001.
Such
deliveries
are
only
accepted
during
the
Docket's
normal
hours
of
operation
(
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays).

C.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
your
estimate.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternatives.
7.
Make
sure
to
submit
your
comments
by
the
comment
period
deadline
identified.
8.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
identification
number
in
the
subject
line
on
the
first
page
of
your
response.
It
would
also
be
helpful
if
you
provided
the
name,
date,
and
Federal
Register
citation
related
to
your
comments.

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68,
No.
14
/
Wednesday,
January
22,
2003
/
Proposed
Rules
II.
Background
The
events
of
September
11,
2001,
have
heightened
both
Government
and
private
industry
awareness
relative
to
protecting
facilities
and
the
personnel
who
work
therein.
EPA
has
a
large
number
of
contracts
that
require
contractor
(
and
subcontractor)
employees
to
access
federally­
owned
or
leased
facilities
and
space,
federallyoccupied
facilities,
and
Superfund,
Oil
Pollution
Act,
and
Stafford
Act
sites.
Although
such
access
is
often
necessary
for
contract
performance,
it
nevertheless
creates
significant
potential
risks
for
EPA.
While
background
checks
provide
no
guarantee
as
to
a
person's
loyalty,
trustworthiness,
or
suitability
for
contract
performance,
they
provide
valuable
information
that
may
prove
useful
in
determining
an
individual's
suitability
to
perform
on­
site
services
for
the
EPA.

III.
Proposed
Rule
This
proposed
rule
would
amend
the
EPAAR
to
create
an
EPA
contract
clause
that
will
require
contractors
(
and
subcontractors)
to
perform
background
checks
and
make
suitability
determinations
for
contractor
(
and
subcontractor)
employees
performing
services
on­
site.

IV.
Statutory
and
Executive
Order
Reviews
Executive
Order
12866
This
proposed
rule
is
not
a
significant
regulatory
action
for
the
purposes
of
Executive
Order
12866;
therefore,
no
review
is
required
by
the
Office
of
Information
and
Regulatory
Affairs
within
the
Office
of
Management
and
Budget
(
OMB).

Paperwork
Reduction
Act
The
information
collection
requirements
in
this
proposed
rule
have
been
submitted
for
approval
to
the
Office
of
Management
and
Budget
(
OMB)
under
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
The
Information
Collection
Request
(
ICR)
document
prepared
by
EPA
has
been
assigned
ICR
No.
2102.01.
The
EPA
uses
contractors
to
perform
services
on
or
within
federally­
owned
or
leased
facilities
and
space,
federallyoccupied
facilities,
and
Superfund,
Oil
Pollution
Act,
and
Stafford
Act
sites.
Information
collected
by
on­
site
contractors
for
performing
background
checks
and
making
suitability
determinations
is
required
for
all
contractor
employees
before
the
individual
employees
can
perform
onsite
contract
services
for
the
EPA.
The
Contractor
is
also
responsible
for
maintaining
records
associated
with
all
background
checks
and
suitability
determinations.
The
annual
public
reporting
and
record
keeping
burden
for
this
collection
of
information
is
a
total
of
7,000.5
hours
annually.
This
figure
was
determined
by
multiplying
the
average
number
of
background
checks
per
annum
(
4,667)
by
the
estimated
time
to
complete
one
collection
request
(
1.5
hours
per
response).
The
total
annual
costs
are
estimated
at
$
590,002.14.
This
figure
was
determined
by
multiplying
the
cost
associated
with
one
collection
request
($
126.42)
by
the
average
number
of
collections
per
annum
(
4,667).
This
figure
does
not
include
any
capital
or
start­
up
costs
because
it
will
not
be
necessary
for
respondents
to
acquire
any
capital
goods
to
provide
the
requested
information.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.
To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OARM
 
2002
 
0001,
which
is
available
for
public
viewing
at
the
OEI
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566
 
1745
and
the
telephone
number
for
the
OEI
Docket
is
(
202)
566
 
1752.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW.,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OARM
 
2002
 
0001
in
any
correspondence.
Since
OMB
is
required
to
make
a
decision
concerning
the
ICR
between
30
and
60
days
after
January
22,
2003,
a
comment
to
OMB
is
best
assured
of
having
its
full
effect
if
OMB
receives
it
by
February
21,
2003.
The
final
rule
will
respond
to
any
OMB
or
public
comments
on
the
information
collection
requirements
contained
in
this
proposal.

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
RFA
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
proposed
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
forprofit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
After
considering
the
economic
impacts
of
today's
proposed
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
In
determining
whether
a
rule
has
a
significant
economic
impact
on
a
substantial
number
of
small
entities,
the
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Proposed
Rules
impact
of
concern
is
any
significant
adverse
economic
impact
on
small
entities,
because
the
primary
purpose
of
the
regulatory
flexibility
analyses
is
to
identify
and
address
regulatory
alternatives
``
which
minimize
any
significant
economic
impact
of
the
proposed
rule
on
small
entities.''
5
U.
S.
C.
603
and
604.
Thus,
an
agency
may
certify
that
a
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
if
the
rule
relieves
regulatory
burden,
or
otherwise
has
a
positive
economic
effect
on
all
of
the
small
entities
subject
to
the
rule.
This
proposed
rule
will
not
have
a
significant
economic
impact
on
small
entities
because
the
contractor
will
be
able
to
include
any
costs
incurred
in
complying
with
clause
requirements
as
part
of
the
costs
incurred
under
the
contract,
either
directly
or
indirectly
(
depending
on
the
contract
type,
and
the
contractor's
treatment
of
costs).
In
addition,
the
types
of
background
search
services
to
be
undertaken
pursuant
to
the
proposed
clause
are
commercially
available
to
all
businesses.

Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Pub.
L.
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
their
regulatory
actions
on
State,
local,
and
Tribal
governments,
and
the
private
sector.
This
proposed
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
State,
local,
and
Tribal
governments,
in
the
aggregate,
or
the
private
sector
in
one
year.
Any
private
sector
costs
for
this
action
relate
to
paperwork
requirements
and
associated
expenditures
that
are
far
below
the
level
established
for
UMRA
applicability.
Thus,
this
proposed
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.

Executive
Order
13045
Executive
Order
13045,
entitled
``
Protection
of
Children
from
Environmental
Health
Risks
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
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
This
proposed
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.

Executive
Order
13132
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''
are
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.''
Under
section
6
of
Executive
Order
13132,
EPA
may
not
issue
a
regulation
that
has
federalism
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
Government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
State
and
local
governments,
or
EPA
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
EPA
also
may
not
issue
a
regulation
that
has
federalism
implications
and
that
preempts
State
law,
unless
the
Agency
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
This
proposed
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.
This
proposed
rule
would
amend
the
EPAAR
to
create
an
EPA
contract
clause
that
will
require
contractors
to
perform
background
checks
for
employees
performing
services
on­
site.
Thus,
the
requirements
of
section
6
of
the
Executive
Order
do
not
apply
to
this
proposed
rule.

Executive
Order
13175
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(
65
FR
67249,
November
6,
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.''
``
Policies
that
have
tribal
implications''
are
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes.''
This
proposed
rule
does
not
have
tribal
implications.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
Thus,
Executive
Order
13175
does
not
apply
to
this
proposed
rule.
In
the
spirit
of
Executive
Order
13175,
and
consistent
with
EPA
policy
to
promote
communication
between
EPA
and
tribal
governments,
EPA
specifically
solicits
additional
comment
on
this
proposed
rule
from
tribal
officials.

National
Technology
Transfer
and
Advancement
Act
of
1995
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
Pub.
L.
104
 
113,
section
12(
d)
(
15
U.
S.
C.
272
note),
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
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
This
proposed
rule
does
not
involve
technical
standards.
Therefore,
EPA
is
not
considering
use
of
any
voluntary
consensus
standards.

Executive
Order
13211
(
Energy
Effects)

This
proposed
rule
is
not
subject
to
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution
or
Use''
(
66
FR
28335
(
May
22,
2001)),
because
it
is
not
a
significant
regulatory
action
under
Executive
Order
12866.

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/
Proposed
Rules
List
of
Subjects
in
48
CFR
Parts
1511
and
1552
Environmental
protection,
Government
procurement.

Dated:
January
15,
2003.
John
C.
Gherardini,
III,
Acting
Director,
Office
of
Acquisition
Management.
Therefore,
48
CFR
Chapter
15
is
proposed
to
be
amended
as
set
forth
below:

PART
1511
 
[
AMENDED]

1.
The
authority
citations
for
Part
1511
continues
to
read
as
follows:

Authority:
Sec.
205(
c),
63
Stat.
390,
as
amended,
40
U.
S.
C.
486(
c).
2.
Section
1511.011
 
81
is
added
to
read
as
follows:

1511.011
 
81
Background
Checks
for
EPA
Contractors
Performing
Services
On­
Site.

(
a)
Contracting
Officers
shall
insert
the
clause
at
1552.211
 
81
in
all
solicitations
and
contracts,
except
for
commercial
item
acquisitions,
where
it
is
expected
that
the
contractor
will
be
required
to
perform
services
on
or
within
Federally­
owned
or
leased
space
and
facilities,
commercial
space
primarily
occupied
by
federal
employees,
or
Superfund,
Oil
Pollution
Act,
or
Stafford
Act
sites.
The
successful
awardee
must
complete
the
background
checks
and
suitability
determinations
for
individuals
before
they
may
begin
on­
site
performance
under
the
contract.
This
clause
is
also
required,
when
applicable,
for
work
to
be
performed
onsite
that
is
ordered
under
non­
EPA
contracts.
(
b)
Contracting
Officers
may
include
the
clause
described
in
paragraph
(
a)
of
this
clause
in
solicitations
and
contracts
other
than
those
identified
in
paragraph
(
a)
of
this
clause,
including
commercial
item
acquisitions
if
deemed
appropriate,
if
determined
necessary
in
order
to
protect
the
Government's
interests
and
national
security.
(
c)
Contracting
Officers,
on
a
case­
bycase
basis,
may,
either
temporarily
or
permanently,
waive
the
requirement
for
background
checks
and
suitability
determinations
if
they
determine,
in
writing,
that
they
are
not
necessary
at
a
specific
location,
or
for
a
specific
individual,
in
order
to
protect
the
Government's
interest
and
national
security.
(
d)
As
used
in
the
solicitation
and
contract
clause,
Superfund
or
CERCLA
refers
to
the
``
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act
of
1980
(
CERCLA,
as
amended
by
SARA
in
1986),
42
U.
S.
C.
9601;
the
Oil
Pollution
Act
refers
to
the
Clean
Water
Act
as
amended
by
the
Oil
Pollution
Act
of
1990
(
OPA),
33
U.
S.
C.
2701;
and
the
Stafford
Act
is
the
Robert
T.
Stafford
Disaster
Relief
and
Emergency
Assistance
Act,
42
U.
S.
C.
5121.

PART
1552
 
[
AMENDED]

3.
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.
418(
b).
4.
Section
1552.211
 
81
is
added
to
read
as
follows:

1552.211
 
81
Background
Checks
for
EPA
Contractors
Performing
Services
On­
Site.
As
prescribed
in
1511.011
 
81,
insert
the
following
clause:

BACKGROUND
CHECKS
FOR
EPA
CONTRACTORS
PERFORMING
SERVICES
ON­
SITE
(
XXX
2003)

(
a)
The
requirements
of
this
clause
apply
to
the
successful
awardee(
s)
of
the
contract
who
will
be
performing
on­
site
work
for
EPA
under
the
contract.
(
b)
Definitions.
For
purposes
of
this
clause,
the
following
definitions
apply:
(
1)
On­
Site:
``
On­
site''
refers
to
any
federally­
owned
or
leased
space
and
facilities
and
any
commercial
space
primarily
occupied
by
federal
workers.
It
also
includes
sites
where
the
Environmental
Protection
Agency
(
EPA)
is
working
under
the
authority
of
CERCLA,
the
Oil
Pollution
Act,
or
the
Stafford
Act.
(
2)
Suitability:
``
Suitability''
refers
to
identifiable
character
traits
and
past
conduct
which
are
reasonably
sufficient
to
indicate
whether
a
given
individual
is
likely
or
not
likely
to
be
able
to
perform
the
requirements
of
a
contract
or
subcontract
at
EPA
on­
site
locations
without
undue
risk
to
the
interests
of
the
Government
and
the
national
security.
(
3)
Suitability
determination:
A
``
suitability
determination''
is
a
determination
that
there
are
reasonable
grounds
to
believe
that
an
individual
will
likely
be
able
to
perform
the
contract
requirements
on­
site
without
undue
risk
to
the
interests
of
the
Government
and
the
national
security.
(
c)
Applicability.
(
1)
Contractors
shall
perform
background
checks
and
make
suitability
determinations
on
contractor
employees
before
the
individual
employees
can
perform
on­
site
contract
services
for
the
EPA.
(
2)
Contracting
Officers,
on
a
case­
by­
case
basis,
may,
either
temporarily
or
permanently,
waive
the
requirements
of
this
clause,
if
they
determine
in
writing
that
background
checks
and
suitability
determinations
are
not
necessary
at
a
specific
location,
or
for
a
specific
individual,
in
order
to
protect
the
Government's
interests
and
national
security.
(
d)
Background
Check.
(
1)
The
Contractor
is
responsible
for
completing
background
checks
and
making
suitability
determinations
on
its
employees
prior
to
the
employee
beginning
on­
site
work.
Compliance
with
the
requirement
for
performing
a
background
check
and
making
a
suitability
determination
shall
not
be
construed
as
providing
a
contractor
employee
clearance
to
have
access
to
classified
information
or
confidential
business
information.
Contractors
are
required
to
maintain
records
of
background
checks
and
suitability
determinations
for
four
years
after
they
are
completed,
and
to
make
them
available
to
the
Government
when
requested.
(
2)
At
a
minimum,
the
background
check
and
suitability
determination
must
include
an
evaluation
of:
(
i)
Law
enforcement
checks
(
Federal,
State,
and
Local
for
the
past
5
years);
(
ii)
Credit
report;
(
iii)
Social
Security
Number
trace;
(
iv)
Verification
of
U.
S.
citizenship
or
legal
resident
status;
(
v)
Employment
history
(
past
5
years);
(
vi)
Education
history
(
highest
degree
verified);
(
vii)
References
(
3
individuals);
(
viii)
Residence
(
past
3
years);
(
ix)
Military
service
discharge
notice;
and
(
x)
Professional
license
and
certification.
(
e)
Background
Check
Guidelines.
(
1)
In
making
a
suitability
determination,
the
contractor
shall
consider
the
following
factors
and
evaluate
them
against
the
work
to
be
performed,
the
performance
location,
and
the
degree
of
risk
to
the
Government:
(
i)
Any
loyalty
or
terrorism
issue;
(
ii)
Patterns
of
conduct
(
e.
g.,
alcoholism/
drug
addiction,
financial
irresponsibility/
major
liabilities,
dishonesty,
unemployability
for
negligence
or
misconduct,
criminal
conduct);
(
iii)
Dishonorable
military
discharge;
(
iv)
Felony
and
misdemeanor
offenses;
(
v)
Drug
manufacturing/
trafficking/
sale;
(
vi)
Major
honesty
issue
(
e.
g.,
extortion,
armed
robbery,
embezzlement,
perjury);
(
vii)
Criminal
sexual
misconduct;
(
viii)
Serious
violent
behavior
(
e.
g.,
rape,
aggravated
assault,
arson,
child
abuse,
manslaughter);
(
ix)
Illegal
use
of
firearms/
explosives;
and
(
x)
Employment
related
misconduct
involving
dishonesty,
criminal
or
violent
behavior.
(
2)
The
contractor
shall
evaluate
any
adverse
information
about
an
individual
by
considering
the
following
factors
before
making
a
suitability
determination:
(
i)
The
nature,
extent
and
seriousness
of
the
conduct;
(
ii)
The
circumstances
surrounding
the
conduct;
(
iii)
The
frequency
and
recency
of
the
conduct;
(
iv)
The
individual's
age
and
maturity
at
the
time
of
the
conduct;
(
v)
The
presence
or
absence
of
rehabilitation
and
other
pertinent
behavior
changes;
(
vi)
The
potential
for
pressure,
coercion,
exploitation,
or
duress;
and
(
vii)
The
likelihood
of
continuation
of
the
conduct.
(
f)
Employee
Removal.
Whenever
a
contractor
becomes
aware
that
any
employee
working
at
an
on­
site
location
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Federal
Register
/
Vol.
68,
No.
14
/
Wednesday,
January
22,
2003
/
Proposed
Rules
under
an
EPA
contract
becomes
an
unacceptable
risk
to
the
Government,
the
contractor
shall
immediately
remove
that
employee
from
the
site,
notify
the
Contracting
Officer
that
such
a
removal
has
taken
place,
and
replace
them
with
a
qualified
substitute.
If
the
approval
of
the
Contracting
Officer
was
initially
required
for
the
removed
employee,
Contracting
Officer
approval
is
required
for
the
replacement
employee.
(
g)
Contracting
Officer
Notification.
Prior
to
commencement
of
on­
site
contract
performance,
the
contractor
shall
notify
the
Contracting
Officer
that
the
background
checks
and
suitability
determinations
required
by
this
clause
have
been
completed
for
affected
individuals.
(
h)
Flowdown
Provision.
The
Contractor
agrees
to
insert
terms
that
conform
substantially
to
the
language
of
this
clause
in
all
subcontracts
under
this
contract.

(
End
of
clause)

[
FR
Doc.
03
 
1361
Filed
1
 
21
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
DEPARTMENT
OF
TRANSPORTATION
National
Highway
Traffic
Safety
Administration
49
CFR
Part
571
[
Docket
No.
2002
 
12347;
Notice
01]

New
Rearview
Technology
and
Federal
Motor
Vehicle
Safety
Standard
No.
111;
Rearview
Mirrors
AGENCY:
National
Highway
Traffic
Safety
Administration
(
NHTSA),
Department
of
Transportation.
ACTION:
Request
for
comments.

SUMMARY:
The
agency
has
received
two
petitions
asking
us
to
amend
the
Federal
Motor
Vehicle
Safety
Standard
for
rearview
mirrors.
AM
General
Corporation
(
AM
General)
petitioned
the
agency
to
amend
the
standard
to
permit
vehicles
with
a
gross
vehicle
weight
rating
(
GVWR)
of
more
than
4,536
kilograms
(
kg)
and
with
an
overall
length
that
is
less
than
508
centimeters
(
cm)
to
have
the
option
of
being
equipped
with
a
passenger­
side
convex
mirror
with
an
area
of
at
least
323
square
centimeters
(
cm2).
Currently,
these
vehicles
are
required
to
have
a
flat
passenger­
side
mirror
with
a
reflective
area
of
at
least
323
cm2.
The
agency
granted
AM
General's
petition
on
May
23,
2001.
In
addition,
Ms.
Barbara
Sanford
petitioned
the
agency
to
amend
the
rearview
mirror
standard
to
require
that
all
commercial
trucks
traveling
on
interstate
highways
have
convex
mirrors
affixed
to
their
front
right
and
left
fenders
to
give
drivers
of
these
vehicles
a
better
view
of
the
area
around
them
while
making
a
lane
change.
The
agency
granted
Ms.
Sanford's
petition
on
May
21,
2001.
This
document
discusses
the
recommendations
submitted
by
AM
General
and
Ms.
Sanford
and
asks
questions
that
we
hope
will
help
us
to
determine
whether
they
would
be
beneficial
to
safety
and
at
what
cost.
In
addition
to
addressing
the
aforementioned
petitions,
the
agency
also
wishes
to
take
this
opportunity
to
examine
the
rearview
mirror
standard
as
a
whole
to
determine
whether
there
are
any
amendments
that
can
be
made
to
allow
consumers
to
utilize
innovations
in
mirror
and
other
rearview
technology
that
have
been
developed
since
the
standard
was
last
amended
in
1982.
It
should
be
pointed
out
that
the
changes
to
the
standard
that
are
being
explored
are
to
eliminate
impediments
to
new
technology.
Any
amendments
would
permit,
but
not
require,
the
use
of
new
technology.
DATES:
Comments
must
be
received
on
or
before
March
24,
2003.
ADDRESSES:
Comments
must
refer
to
the
docket
and
notice
numbers
cited
at
the
beginning
of
this
notice
and
be
submitted
to:
Docket
Management,
Room
PL
 
401,
400
Seventh
Street
SW.,
Washington,
DC
20590.
It
is
requested,
but
not
required,
that
two
copies
of
the
comments
be
provided.
The
Docket
Section
is
open
on
weekdays
from
10
a.
m.
to
5
p.
m.
FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Chris
Flanigan,
Office
of
Rulemaking,
NHTSA,
400
Seventh
Street,
SW.,
Washington,
DC
20590.
Mr.
Flanigan's
telephone
number
is
(
202)
366
 
4918
and
his
facsimile
number
is
(
202)
366
 
4329.
SUPPLEMENTARY
INFORMATION:

Background
Standard
No.
111
When
standard
No.
111
was
promulgated
in
1967,
it
applied
only
to
passenger
cars.
The
standard
only
permitted
the
use
of
mirrors
of
unit
magnification
(
hereafter
referred
to
as
flat
mirrors)
at
that
time.
On
August
12,
1975,
the
agency
published
a
final
rule
that
extended
the
passenger
car
requirements
to
multipurpose
passenger
vehicles,
trucks,
and
buses
with
a
GVWR
4,536
kg
or
less
(
hereafter
referred
to
as
light
trucks)
[
40
FR
33825].
The
final
rule
established
requirements
for
light
trucks
to
have
either
outside
flat
mirrors
that
meet
passenger
car
requirements
or
mirrors
with
an
area
of
at
least
126
cm2.
The
August
12,
1975
notice
also
established
requirements
that
multipurpose
passenger
vehicles,
trucks,
and
buses
with
a
GVWR
of
between
4,536
kg
and
11,340
kg
have
flat
outside
mirrors
with
a
reflective
surface
of
not
less
than
323
cm2.
On
December
30,
1976,
the
agency
published
a
final
rule
that
established
requirements
for
multipurpose
passenger
vehicles,
trucks,
and
buses
with
a
GVWR
of
11,340
kg
or
more.
The
requirements
specified
that
these
vehicles
have
outside
mirrors
with
a
reflective
surface
of
not
less
than
323
cm2.
Until
1982,
the
agency
allowed
only
flat
mirrors
on
vehicles
with
a
GVWR
of
4,536
kg
or
less
other
than
school
buses
(
hereafter
referred
to
as
``
light
vehicles'').
However,
on
September
2,
1982,
the
agency
published
a
final
rule
amending
Standard
No.
111
to
allow
constant
radius
of
curvature
or
spherical
convex
mirrors
(
hereafter
referred
to
as
``
convex
mirrors'')
to
be
used
on
light
vehicles
[
47
FR
38698].
The
surface
of
this
type
of
mirror
is
curved
to
increase
the
field
of
view.
This
action
was
in
response
to
a
May
6,
1976,
petition
from
General
Motors
Corporation
(
GM).
GM
petitioned
the
agency
to
amend
the
standard
to
allow
convex
mirrors
on
the
passenger
side
of
light
vehicles
where
the
interior
mirror
did
not
meet
the
field
of
view
requirements.
GM
pointed
out
in
its
petition
that
convex
mirrors
would
provide
a
wider
field
of
view
than
the
flat
mirrors
of
the
same
size.
The
amendment
gave
light
vehicles
that
do
not
meet
the
field
of
view
requirements
for
their
interior
mirror
the
option
of
having
an
outside
mirror
of
unit
magnification
or
a
convex
mirror
installed
on
the
passenger
side.
The
agency,
however,
was
concerned
about
the
greater
difficulties
in
correctly
judging
distance
and
speed
that
occur
using
convex
mirrors
as
a
result
of
the
distortion
of
the
objects
being
viewed.
This
concern
has
to
be
balanced
by
the
fact
that
convex
mirrors
greatly
increase
the
driver's
field
of
view
and,
therefore,
reduce
the
necessity
for
head
movement
to
detect
other
vehicles.
Since
convex
mirrors
have
been
permitted
on
the
passenger
side
of
light
vehicles,
many
manufacturers
have
used
them.
Today,
most
light
vehicles
have
a
convex
mirror
on
the
passenger
side.
However,
the
agency
still
receives
complaints
from
consumers
about
these
mirrors.
As
described
below,
convex
mirrors
have
characteristics
that
present
problems
for
a
portion
of
the
driving
public.

Currently
Permitted
Mirrors
The
main
difference
between
a
flat
mirror
and
convex
mirror
is
that
the
image
of
an
object
viewed
in
a
convex
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