Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 427 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Liberty ............... City of Hinesville 

(11–04–0768P).

September 30, 2011; October 

7, 2011; The Coastal Courier.

The Honorable James Thomas, Jr., 

Mayor, City of Hinesville, 115 East Martin Luther King, Jr. Drive, Hinesville, GA 

31313.

September 26, 2011 ....... 130125 

Liberty ............... Unincorporated 

areas of Liberty 

County (11–04– 

0768P).

September 30, 2011; October 

7, 2011; The Coastal Courier.

The Honorable John D. McIver, Chairman, Liberty County Board of Commissioners, 112 North Main Street, 

Hinesville, GA 31310.

September 26, 2011 ....... 130123 

Mississippi: DeSoto City of Olive Branch 

(11–04–4496P).

October 27, 2011; November 3, 

2011; The DeSoto TimesTribune.

The Honorable Sam Rikard, Mayor, City 

of Olive Branch, 9200 Pigeon Roost 

Road, Olive Branch, MS 38654.

March 2, 2012 ................ 280286 

Nevada: 

Clark ................. City of Henderson 

(11–09–3801P).

October 6, 2011; October 13, 

2011; The Las Vegas Review-Journal.

The Honorable Andy A. Hafen, Mayor, 

City of Henderson, 240 Water Street, 

Henderson, NV 89015.

February 10, 2012 .......... 320005 

Clark ................. Unincorporated 

areas of Clark 

County (11–09– 

3801P).

October 6, 2011; October 13, 

2011; The Las Vegas Review-Journal.

The Honorable Susan Brager, Chair, 

Clark County Board of Commissioners, 

500 South Grand Central Parkway, Las 

Vegas, NV 89155.

February 10, 2012 .......... 320003 

Utah: Box Elder ....... City of Willard (11– 

08–0207P).

September 28, 2011; October 

5, 2011; The Box Elder 

News Journal.

The Honorable Ken Braegger, Mayor, 

City of Willard, 80 West 50 South, Willard, UT 84340.

February 2, 2012 ............ 490011 

Wyoming: 

Campbell .......... City of Gillette (11– 

08–0780P).

October 18, 2011; October 25, 

2011; The News-Record.

The Honorable Tom Murphy, Mayor, City 

of Gillette, 201 East 5th Street, Gillette, 

WY 82717.

February 22, 2012 .......... 560007 

Campbell .......... Unincorporated 

areas of Campbell 

County (11–08– 

0780P).

October 18, 2011; October 25, 

2011; The News-Record.

The Honorable Stephen F. Hughes, 

Chairman, Campbell County Board of 

Commissioners, 500 South Gillette Avenue, Suite 1100, Gillette, WY 82717.

February 22, 2012 .......... 560081 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 20, 2011. 

Sandra K. Knight, 

Deputy Associate Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2011–33773 Filed 1–4–12; 8:45 am] 

BILLING CODE 9110–12–P 

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 


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428 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 

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 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 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 

■ 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. 

■ 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 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 173 

[Docket No. PHMSA–2011–0315; Notice No. 

11–13] 

Clarification and Further Guidance on 

the Fireworks Approvals Policy 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Clarification. 

SUMMARY: This clarification provides 

further guidance on PHMSA’s policy 

that it will only accept fireworks 

approvals applications from fireworks 

manufacturers or their designated agents 

and grant approvals only to 

manufacturers of fireworks devices. 

This clarification and additional 

guidance follows the issuance of Docket 

No. PHMSA–2010–0353; Notice 10–9, 

published on June 29, 2011. 

DATES: The policy clarification 

discussed in this document is effective 

January 5, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ryan Paquet, Director, Approvals and 

Permits Division, Office of Hazardous 

Materials Safety, (202) 366–4512, 

PHMSA, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

This document provides clarification 

and further guidance on PHMSA’s 

Office of Hazardous Materials Safety 

(OHMS), Clarification of the Fireworks 

Approval Policy published on June 29, 

2011 (76 FR 38053). Specifically, this 

document provides clarification and 

additional guidance on how we intend 

to implement our policy with respect to: 

(1) EX classification approvals with 

expiration dates; (2) applications from 

non-manufacturers that seek to add new 

item names to existing EX classification 

approvals; and (3) applications from 

non-manufacturers that were denied 

prior to June 29, 2011. 

In addition to addressing questions as 

to how we intend to implement our 

earlier policy clarification, this 

document clarifies our policy regarding 

the transfer of EX classification 

approvals. 

II. Background 

The transportation of an explosive 

(fireworks device) requires an EX 

classification approval issued by 

PHMSA, commonly referred to as an EX 

number. The EX number is a unique 


emcdonald on DSK5VPTVN1PROD with RULES