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


