7582 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

For further information contact: 

Jeffrey Hitchings, Office of Energy 

Market Regulation, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

Telephone: (202) 502–6042, E-mail: 

jeffrey.hitchings@ferc.gov. or 

Lisa Luftig, Office of the General 

Counsel—Energy Markets, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426. Telephone: (202) 502–6791, Email: lisa.luftig@ferc.gov. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–3316 Filed 2–19–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2009–0866; FRL–9114–5] 

Access by EPA Contractors to 

Information Claimed as Confidential 

Business Information (CBI) Submitted 

Under Title II of the Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA’s Office of 

Transportation and Air Quality (OTAQ) 

has authorized various contractors to 

access information which has been 

submitted to EPA under Title II of the 

Clean Air Act that is claimed to be, or 

has been determined to be, confidential 

business information (CBI). EPA is 

providing notice of past disclosure and 

of ongoing and contemplated future 

disclosure. 

DATES: Access by EPA contractors to 

material discussed in this Notice that 

has been either claimed or determined 

to be confidential business information 

(CBI) is ongoing, and is expected to 

continue in the future. EPA will accept 

comments on this Notice through March 

1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Anne-Marie C. Pastorkovich, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW. (6406J), 

Washington, DC 20460; telephone 

number: 202–343–9623; fax number: 

202–343–2801; e-mail address: 

pastorkovich.anne-marie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does This Notice Apply to Me? 

This action is directed to the general 

public. However, this action may be of 

particular interest to parties who submit 

or have previously submitted 

information to EPA regarding the 

following programs: Fuel and fuel 

additive registration (40 CFR part 79), 

various fuels programs including 

reformulated gasoline, anti-dumping, 

gasoline sulfur, ultra low sulfur diesel, 

benzene content, and the renewable fuel 

standard (40 CFR part 80), certification 

and defect reporting/recall of light-duty 

vehicles (including motorcycles) and 

heavy duty on-highway vehicles and 

engines (40 CFR part 86 and 40 CFR part 

85, subpart T), certification and defect 

reporting/recall of non-road 

compression-ignition engines (40 CFR 

part 89, subparts B and I, 40 CFR part 

1039, subpart C, and 40 CFR part 1068, 

subpart F), certification and defect 

reporting/recall of spark-ignition 

engines less than or equal to 19 

kilowatts (40 CFR part 90, subparts C 

and I, 40 CFR part 1054, subpart C, and 

40 CFR part 1068, subpart F), 

certification and defect reporting/recall 

of marine spark-ignition engines (40 

CFR part 91, subparts B and J, 40 CFR 

part 1045, subpart C, and 40 CFR part 

1068, subpart F), certification and defect 

reporting/recall of locomotives (40 CFR 

part 92, subparts C and E, 40 CFR part 

1033, subpart C, and 40 CFR part 1068, 

subpart F), certification and defect 

reporting/recall of marine compressionignition engines (40 CFR part 94, 

subparts C and E, 40 CFR part 1042, 

subpart C, and 40 CFR part 1068, 

subpart F), certification of large nonroad spark-ignition engines (40 CFR part 

1048, subpart C, and 40 CFR part 1068, 

subpart F), certification of recreational 

engines and vehicles (40 CFR part 1051, 

subpart C, and 40 CFR part 1068, 

subpart F), certification of non-road and 

stationary equipment for evaporative 

emissions compliance (40 CFR part 

1060, subpart C), certification of 

stationary compression-ignition and 

spark-ignition engines (40 CFR part 60, 

subparts IIII and JJJJ, respectively), fees 

(40 CFR part 1027), and fuel economy 

information (40 CFR part 600). Reports 

submitted to EPA under 40 CFR parts 79 

and 80 fuels programs are commonly 

referred to as the ‘‘OTAQ Fuels 

Reporting System.’’ Reporting submitted 

to EPA under 40 CFR parts 86 and 600 

related to engine and vehicle 

compliance, such as light-duty 

certification and fuel economy 

information, is commonly referred to by 

the name of the reporting system itself— 

i.e., as CFEIS (prior to September 2008) 

and Verify (thereafter). Both the OTAQ 

Fuels Reporting System and Verify 

utilize the EPA Central Data Exchange 

(CDX). 

This Notice may be of particular 

relevance to parties that have submitted 

data under the above-listed programs or 

systems. Since other parties may also be 

interested, the Agency has not 

attempted to describe all the specific 

parties that may be affected by this 

action. If you have further questions 

regarding the applicability of this action 

to a particular party, please contact the 

person listed in FOR FURTHER

INFORMATION CONTACT. 

II. How Can I Get Copies of This 

Document and Other Related 

Information? 

A. Electronically 

EPA has established a public docket 

for this Notice under Docket EPA–HQ– 

OAR–2009–0866. 

All documents in the docket are 

identified in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, such as 

confidential business information (CBI) 

or other information for which 

disclosure is restricted by statute. 

Certain materials, such as copyrighted 

material, will only be available in hard 

copy at the EPA Docket Center. 

B. EPA Docket Center 

Materials listed under Docket EPA– 

HQ–OAR–2009–0866 will be available 

for public viewing at the EPA Docket 

Center (EPA/DC), EPA West, Room 

3334, 1301 Constitution Avenue, 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) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

III. Description of Programs and 

Potential Disclosure of Information 

Claimed as Confidential Business 

Information (CBI) to Contractors 

EPA’s Office of Transportation and 

Air Quality (OTAQ) has responsibility 

for protecting public health and the 

environment by regulating air pollution 

from motor vehicles, engines, and the 

fuels used to operate them, and by 

encouraging travel choices that 

minimize emissions. In order to 

implement various Clean Air Act 

programs, and to permit regulated 

entities flexibility in meeting regulatory 

requirements (e.g., compliance on 

average), we collect compliance reports 

and other information from them. 

Occasionally, the information submitted 

is claimed to be confidential business 

information. Information submitted 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 7583 

under such a claim is handled in 

accordance with EPA’s regulations at 40 

CFR part 2, subpart B and in accordance 

with EPA procedures, including 

comprehensive system security plans 

(SSPs), that are consistent with those 

regulations. When EPA has determined 

that disclosure of information claimed 

as CBI to contractors is necessary, the 

corresponding contract must address the 

appropriate use and handling of the 

information by the contractor and the 

contractor must require its personnel 

who require access to information 

claimed as CBI to sign written nondisclosure agreements before they are 

granted access to data. 

Controls regarding the handling of 

information claimed as CBI, including 

sharing of information with contractors, 

are also addressed in individual SSPs. 

The required SSPs adhere to EPA 

regulations and policies, as well as with 

the National Institute of Standards and 

Technology (NIST) Standard 800–53, 

‘‘Recommended Security Controls for 

Federal Information Systems and 

Organizations.’’ (NIST Standard 800–53 

addresses technical, physical, 

environmental and other controls for 

information systems, including Local 

Area Networks (LANs) where 

information claimed as CBI may be 

stored.) Security plans address 

background investigations, required 

training, and rules of behavior for 

employees and contractors who require 

access to information claimed as CBI. 

Controls contained in OTAQ’s SSPs are 

approved by OTAQ management and by 

the Information Management Official in 

the Office of Air and Radiation and such 

approvals are valid for a period of three 

(3) years, but we review the individual 

controls in our SSPs at least annually or 

whenever any major program or system 

change occurs, whichever is more 

frequent. Information which has been 

submitted to EPA under Title II of the 

Clean Air Act that is claimed to be, or 

has been determined to be, CBI has been 

handled and will continue to be 

handled at all times in accordance with 

the appropriate security controls as 

stated above. 

In accordance with 40 CFR 2.301(h), 

we have determined that the 

contractors, subcontractors, and 

grantees (collectively referred to as 

‘‘contractors’’) listed below require 

access to CBI submitted to us under 

Title II of the Clean Air Act and in 

connection with various OTAQ 

programs related to fuels, vehicles, and 

engines and are providing notice and an 

opportunity to comment. OTAQ collects 

this data in order to monitor compliance 

with Clean Air Act programs and, in 

many cases, to permit regulated parties 

flexibility in meeting regulatory 

requirements. For example, data that 

may contain CBI is collected in order to 

register fuels and fuel additives prior to 

introduction into commerce and to 

certify engines. Certain programs are 

designed to permit regulated parties an 

opportunity to comply on average, or to 

engage in transactions using various 

types of credits. For example, OTAQ 

collects information about batches of 

gasoline that refiners produce in order 

to ensure compliance with reformulated 

gasoline standards. The nature of the 

work and its necessity, and the type of 

access granted, is described below for 

each contractor. 

Normally, EPA is required to give 

affected businesses notice and an 

opportunity to comment at least five (5) 

working days prior to disclosure of 

information claimed as CBI to a Federal 

contractor. This Federal Register Notice 

provides advance notice to all affected 

businesses that, as described below, 

certain information may be provided to 

EPA contractors or enrollees under the 

Senior Environmental Employment 

(SEE) program. 

In the past, as also described below, 

EPA has disclosed certain information 

that had been claimed as CBI to EPA 

contractors providing support services 

prior to providing notice to the affected 

businesses and an opportunity to 

comment. EPA regrets this 

unintentional error and has taken steps 

to avoid this error in the future. We are 

unaware of any disclosures by 

contractors of information claimed as 

CBI. We are publishing this notice in 

order to comply with the notification 

requirements of 40 CFR part 2, subpart 

B. 

We are issuing this Notice to inform 

all submitters of information related to 

various fuels, vehicles, and engines 

programs that we have provided, and 

may in the future provide, access to 

material claimed as CBI to the 

contractors identified below on a needto-know basis. 

Under Contract Number EP–W–09– 

22, PowerSolv, Incorporated, 1801 

Robert Fulton Drive #550, Reston, 

Virginia, 20191 and its subcontractor, 

Indus Corporation, 1951 Kidwell 

Drive—8th Floor, Vienna, Virginia, 

22182 provide information technology 

(IT) development and support services 

related to various fuels reporting 

programs under 40 CFR parts 79 and 80. 

The fuels programs for which reporting 

information may be provided to these 

entities include: Fuel and fuel additive 

registration, reformulated gasoline, antidumping, gasoline sulfur, ultra low 

sulfur diesel, benzene content and the 

renewable fuel standard. Access to fuels 

data, including information claimed as 

CBI, has been ongoing since July 1, 2009 

and will continue until May 31, 2010. 

If the contract is extended, this access 

will continue for the remainder of the 

contract without further notice. From 

October 1, 1993 until September 30, 

1998, the contractor was Vista Computer 

Services, under Contract Number 68– 

W3–0032. From October 1, 1998 until 

March 31, 2004, the contractor was 

Vista Computer Services, under 

Contract Number 68–W–98–230. From 

April 1, 2004 until June 30, 2009, the 

contractor was SPS Technologies, 

Incorporated (formerly known as Vista 

Computer Services) under Contract 

Number EP–W–04–024. 

Under Contract Number EP–06–095, 

Compass Solutions, Incorporated, 2760 

Eisenhower Avenue, Suite 404, 

Alexandria, Virginia 22314 provides 

report processing and support services 

related to various fuels reporting 

programs under 40 CFR parts 79 and 80. 

Access to fuels data, including 

information claimed as CBI, has been 

on-going since October 1, 1992 and will 

continue until September 30, 2010. 

Compass Solutions was formerly known 

as McWane and Associates and was 

referenced in a 1992 letter sent to all 

then-registered fuel and fuel additive 

manufacturers to inform them of the 

disclosure of information claimed as 

CBI to these contractors. If the contract 

is extended, the access described in this 

paragraph will continue for the 

remainder of the contract and any 

further extensions without further 

notice. 

Under Contract Number 

GS35F4381G—Task Order 1530, 

Software Engineering & Specialized 

Scientific Support (SES3), 8400 

Corporate Drive, New Carrollton, 

Maryland 20785, and its subcontractor, 

Computer Sciences Corporation (CSC), 

of the same address, provide IT support 

services related to the engine and 

vehicle compliance information system 

(i.e., the system formerly called CFEIS 

and currently called Verify) under 40 

CFR parts 86 and 600 Access by this 

contractor and subcontractor to vehicle 

and engine data, including information 

claimed as CBI, has been ongoing since 

September 11, 2009 and is expected to 

continue until September 10, 2015. If 

the contract is extended, this access will 

continue for the remainder of the 

contract and any further extensions 

without further notice. Prior to 2009, the 

following contractors had access to the 

data, including information claimed as 

CBI, described in this paragraph: From 

July 1, 2004 until September 25, 2009, 

the contractor was CSC, 8400 Corporate 

Drive, New Carrollton, Maryland 20785, 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
7584 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 

1On January 25, 2010, PQA announced that it 

had been acquired by SRA International (SRA) of 

Fairfax, Virginia. 

with the following subcontractors: 

Concurrent Tech, Compubahn, Inc., 

TEK Systems, Science Applications 

International Corporation (SAIC), 

Innovate, Inc., CCS Technology Group, 

Ross & Associated, and CTC. The 

Contract Number was 

GS00T99ALD0203, Task Order Number 

T0002AJM038. From January 26, 2004 

until July 7, 2006, the contractor was 

Lockheed Martin, 1010 Glebe Road, 

Arlington, Virginia 22201 and the 

following subcontractors: Solutron, 

Quest, Aprimus, DigitalNet, and Data 

Tech. The Contract Number was 68–W– 

04–005, Task Order Number 21. From 

December 1, 1998 until June 30, 2004, 

the contractor was Science Applications 

International Corporation, 200 North 

Glebe Road, Suite 300, Arlington, 

Virginia 22203 and the following 

subcontractor: DynCorp, Indus. The 

Contract Number was 68–W–99–002. 

Under Contract Number EPC–07–050, 

URS EG&G Division, 20501 Seneca 

Meadows Parkway, Suite 300, 

Germantown, Maryland 20876 provides 

technical services and support related to 

defect and recall reporting for lightduty, heavy-duty, and non-road and 

marine engines under 40 CFR parts 85 

(subpart T), 89 (subpart I), 90 (subpart 

I), 91 (subpart J), 92 (subpart E), 94 

(subpart E), and 1068 (subpart F). 

Certain data collected with regard to 

testing programs (e.g., sales data for 

engines and vehicles) may be claimed as 

CBI. Access to data, including 

information claimed as CBI, has been 

ongoing since October 1, 2007 and will 

continue until September 30, 2012. If 

the contract is extended, this access will 

continue for the remainder of the 

contract and any further extensions 

without further notice. 

Under Contract Number EP–C–06– 

003, Perrin Quarles Associates (PQA), 

Inc.,1 652 Peter Jefferson Parkway, Suite 

300, Charlottesville, Virginia 22911 

provides technical and analytical 

support that involves access to 

information claimed as CBI related to 

the Information Management System 

(and internal certification database) and 

Verify under 40 CFR parts 86 and 600, 

OTAQ’s Greenhouse Gas Project (a 

computer simulation of light-duty 

vehicle technologies for greenhouse gas 

emission reduction in the 2020–2025 

timeframe), and the Fuels Economy 

Trends report under 40 CFR parts 600 

and 1027 Access to data, including 

information claimed as CBI, started 

January 9, 2006 and will continue until 

December 31, 2010. If the contract is 

extended, this access will continue for 

the remainder of the contract and any 

further extensions without further 

notice. 

Under Contract Number GS35F4797H, 

CGI, Incorporated, 12601 Fair Lakes 

Circle, Fairfax, Virginia 22033 provides 

IT development and support services 

related to submission of data via EPA’s 

Central Data Exchange (CDX) related to 

various fuels reporting programs 

covered by the OTAQ Fuels Reporting 

System under 40 CFR parts 79 and 80 

and Verify under 40 CFR parts 86 and 

600. Access to fuels data, including 

information claimed as CBI, started on 

September 14, 2009 and will continue 

until March 31, 2012. Please note that 

information claimed as CBI is handled 

by this contractor only in encrypted 

(i.e., not human-readable) format at its 

facility (at the address listed above) in 

Fairfax, Virginia. If the contract is 

extended, this access will continue for 

the remainder of the contract and any 

further extensions without further 

notice. 

Under Contract Number EPC–07–078, 

Eastern Research Group (ERG), 110 

Hartwell Avenue, Lexington, 

Massachusetts 02421 provides support 

to the SmartWay Transport program (a 

voluntary program) by collecting data 

from equipment manufacturers, vendor 

sales data, fleet and operational data 

from transportation providers and 

logistics firms, and freight operations 

data from shippers. ERG also assists in 

the processing of applications for EPA 

verification of diesel retrofit devices (a 

voluntary program). Access to data, 

including information claimed as CBI, 

started on May 30, 2008 and will 

continue until August 31, 2011. If the 

contract is extended, this access will 

continue for the remainder of the 

contract and any further extensions 

without further notice. 

In July 2004, OTAQ utilized the 

emergency services of AAA– 

Datarecovery, 15 Ingleside Court, 

Rockville, Maryland 20850 in order to 

repair and restore a server that stored 

engine certification information, under 

EPA Procurement Request/Order 

PROKGRM–62EH32. This contractor 

had access to information claimed as 

CBI, but none of that data was in a 

human-readable format. 

OTAQ utilizes the services of 

enrollees under the Senior 

Environmental Employment (SEE) 

program. In Ann Arbor and Washington, 

DC, these enrollees are provided 

through Grant Number CQ–83880–01, 

Senior Service America, Inc., (SSAI) 

8403 Colesville Road, Suite 1200, Silver 

Spring, Maryland 20910–3314. In 

Washington, DC, enrollees are also 

provided through Grant Number CQ– 

833436, the National Association for 

Hispanic Elderly (NAHE), 234 E. 

Colorado Blvd., Suite 300, Pasadena, 

California 91101. Access to data 

involving all of OTAQ’s programs, 

including information claimed as CBI, is 

ongoing and will continue until August 

31, 2011. If these grants are extended, 

this access will continue for the 

remainder of the grants and any future 

extensions without further notice. 

Parties who wish further information 

about this Notice or about OTAQ’s 

disclosure of information claimed as 

CBI to contactors may contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

List of Subjects 

Environmental protection, 

Confidential business information. 

Dated: February 2, 2010. 

Christopher Grundler, 

Deputy Director, Office of Transportation & 

Air Quality. 

[FR Doc. 2010–3406 Filed 2–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2009–0911; FRL–9115–2] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; EPA–ICR No. 

1774.05—Mobile Air Conditioner 

Retrofitting Program, OMB Control No. 

2060–0350 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request to renew an existing 

approved Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This 

ICR is scheduled to expire on July 31, 

2010. Before submitting the ICR to OMB 

for review and approval, EPA is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before April 23, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0911 by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 


cprice-sewell on DSK2BSOYB1PROD with NOTICES