[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Proposed Rules]
[Pages 55126-55127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27311]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1535 and 1552
[FRL-5639-4]
Acquisition Regulation: Removal of Certification Requirements
Regarding Collection, Use, Access, Treatment, and Disclosure of
Confidential Business Information (CBI)
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend the Environmental Protection Agency Acquisition Regulation
(EPAAR) (48 CFR Chapter 15) by removing certification requirements
regarding the collection, use, access, treatment, and disclosure of
confidential business information (CBI) not specifically imposed by
statute, and to amend CBI clauses to remove such certification
requirements.
DATE: Written comments on this proposed rule must be received on or
before December 23, 1996.
ADDRESSES: Comments should be addressed to the Environmental Protection
Agency, 401 M Street, S.W., Washington, D.C. 20460, attn: Paul Schaffer
(Mail Code 3802F). Comments may also be transmitted electronically by
electronic mail (e-mail) to Schaffer.paul @ epamail.epa.gov. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments will also be accepted
on disk in Wordperfect in 6.1 file format or ASCII file format.
Electronic comments on the proposed rule may be filed online at many
Federal Deposit Libraries.
FOR FURTHER INFORMATION CONTACT: Paul Schaffer at (202) 260-9032.
SUPPLEMENTARY INFORMATION:
A. Background
Section 4301(b) of the National Defense Authorization Act for
Fiscal Year 1996 (Pub. L. 104-106) requires agencies to remove all non-
statutory certifications from their acquisition regulation, unless the
head of the agency approves a justification for the retention of a
certification requirement. The basis for the justification must be that
there is no less burdensome means for administering and enforcing the
certification requirement.
The Senior Procurement Official has provided the Administrator of
EPA a determination, which the Administrator has approved, that there
is no less burdensome means for administering and enforcing protections
for EPA from organizational conflicts of interests than by
certification. The following conflict of interest certifications are
therefore not affected by this rule:
48 CFR 1552.209-72 Organizational Conflicts of Interest Certification.
48 CFR 1552.210-80 Annual Certification.
48 CFR 1552.212-71 Work Assignments.
A copy of the determination approved by the EPA Administrator for
retention of the conflict of interest certifications listed above may
be obtained from the contact point listed in this rule.
An analysis of the certifications for 48 CFR 1552.235-72 (Control
and Security of Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) Confidential Business Information), and 48 CFR 1552.235-74,
(Control and Security of Toxic Substances Control Act (TSCA)
Confidential Business Information) revealed these certifications can be
removed. Existing FIFRA and TSCA CBI clauses will be amended to mandate
that prior to receipt of FIFRA CBI and TSCA CBI by the Contractor, the
Contractor will ensure that their employees have read and are familiar
with the handling, control, and data security requirements without the
need for a certification.
B. Executive Order 12866
This is not a significant regulatory action for the purposes of
Executive Order 12866; therefore, no review was required by the Office
of Information and Regulatory Affairs.
C. Paperwork Reduction Act
The Paperwork Reduction Act did not apply because this rule does
not contain information collection requirements that require the
approval of OMB under the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.).
D. Regulatory Flexibility Act
The EPA certifies that this rule does not exert a significant
economic impact on a substantial number of small entities. This rule
imposes no reporting, record-keeping, or any compliance costs for any
entity, whether large or small.
E. Unfunded Mandates
This rule will not impose unfunded mandates on state or local
entities, or others.
List of Subjects in 48 CFR Parts 1535 and 1552
Government procurement.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
1. The authority citation for Parts 1535 and 1552 continues to read
as follows:
Authority: Sec. 205(c), 63 stat. 390, as amended, 40 U.S.C.
486(c).
2. Section 1535.007 is revised to read as follows:
1535.007 Solicitations.
(a) Contracting Officers shall insert 48 CFR 1552.235-73, Access to
Federal Insecticide, Fungicide, and Rodenticide Act Confidential
Business Information, in all solicitations when the Contracting Officer
has determined that EPA may furnish the contractor with confidential
business information which EPA had obtained from third parties under
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136
et seq.).
(b) Contracting Officers shall insert 48 CFR 1552.235-75, Access to
Toxic Substances Control Act Confidential Business Information, in all
solicitations when the Contracting Officer has determined that EPA may
furnish the contractor with confidential business information which EPA
had obtained from third parties under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.).
3. Sections 1552.235-72 and 1552.235-74 are removed and reserved.
4. Section 1552.235-77 is amended by revising the heading and
paragraph (a)(3) to read as follows:
1552.235-77 Data Security for Federal Insecticide, Fungicide and
Rodenticide Act Confidential Business Information (Sept. 1966)
(a) * * *
(3) Prior to receipt of FIFRA CBI by the Contractor, the Contractor
shall ensure that all employees who will be cleared for access to FIFRA
CBI have been briefed on the handling, control, and security
requirements set forth in the FIFRA Information Security Manual.
* * * * *
[[Page 55127]]
5. Section 1552.235-78 is amended by revising the heading and
paragraph (a)(1) to read as follows:
1552.235-78 Data Security for Toxic Substances Control Act
Confidential Business Information (Sept. 1966)
(a) * * *
(1) The Contractor and Contractor's employees shall follow the
security procedures set forth in the TSCA CBI Security Manual. The
manual may be obtained from the Director, Information Management
Division (IMD), Office of Pollution Prevention and Toxics (OPPT), U.S.
Environmental Protection Agency (EPA), 401 M Street, SW, Washington, DC
20460. Prior to receipt of TSCA CBI by the Contractor, the Contractor
shall ensure that all employees who will be cleared for access to TSCA
CBI have been briefed on the handling, control, and security
requirements set forth in the TSCA CBI Security Manual.
* * * * *
Dated: October 8, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-27311 Filed 10-23-96; 8:45 am]
BILLING CODE 6560-50-P
