Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 4211 

business will be protected so that the 

security and confidentiality of the 

information is preserved. 

(b) Not disclose any PII contained in 

any system of records, except as 

authorized by The Privacy Act, or other 

applicable statute, Executive order, 

regulation, or policy. Those willfully 

making any unlawful or unauthorized 

disclosure, knowing that disclosure is 

prohibited, may be subject to criminal 

penalties and/or administrative 

sanctions. 

(c) Report any unauthorized 

disclosures of PII from a system of 

records to the applicable Privacy point 

of contact (POC) for the respective DoD 

Component. 

(d) Report the maintenance of any 

system of records not authorized by this 

part to the applicable Privacy POC for 

the respective DoD Component. 

(e) Minimize the collection of PII to 

that which is relevant and necessary to 

accomplish a purpose of the DoD. 

(f) Not maintain records describing 

how any individual exercises rights 

guaranteed by the First Amendment, 

except: 

(1) When specifically authorized by 

statute. 

(2) When expressly authorized by the 

individual that the record is about. 

(3) When the record is pertinent to 

and within the scope of an authorized 

law enforcement activity, including 

authorized intelligence or 

administrative activities. 

(g) Safeguard the privacy of all 

individuals and the confidentiality of all 

PII. 

(h) Limit the availability of records 

containing PII to DoD personnel and 

DoD contractors who have a need to 

know in order to perform their duties. 

(i) Prohibit unlawful possession, 

collection, or disclosure of PII, whether 

or not it is within a system of records. 

(j) Ensure that all DoD personnel and 

DoD contractors who either have access 

to a system of records or develop or 

supervise procedures for handling 

records in a system of records are aware 

of their responsibilities and are properly 

trained to safeguard PII being 

maintained under the DoD Privacy 

Program. 

(k) Prepare any required new, 

amended, or altered SORN for a given 

system of records and submit the SORN 

through their DoD Component Privacy 

POC to the Chief, DPCLD, for 

coordination and submission for 

publication in the FR. 

(l) Not maintain any official files on 

individuals, which are retrieved by the 

name of the individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual, also known as a system of 

records, without first ensuring that a 

notice has been published in the FR. 

Any official who willfully maintains a 

system of records without meeting the 

publication requirements as prescribed 

by this part and The Privacy Act may be 

subject to criminal penalties and/or 

administrative sanctions. 

(m) Maintain all records in a mixed 

system of records as if all the records in 

such a system are subject to The Privacy 

Act. 

■ 9. Amend § 310.9 to revise paragraphs 

(a) and (b) to read as follows: 

§ 310.9 Privacy boards and office, 

composition and responsibilities. 

(a) The Defense Privacy Board—(1) 

Membership. The Board consists of: 

(i) Voting members. Representatives 

designated by the Secretaries of the 

Military Departments and the following 

officials or their designees: 

(A) The DCMO, who serves as the 

chair. 

(B) The Chief, DPCLD, who serves as 

the Executive Secretary and as a 

member. 

(C) The Under Secretary of Defense 

for Personnel and Readiness. 

(D) The Assistant Secretary of Defense 

for Health Affairs. 

(E) The DoD CIO. 

(F) The Director, Defense Manpower 

Data Center. 

(G) The Director, Executive Services 

Directorate, Washington Headquarters 

Services (WHS). 

(H) The GC DoD. 

(I) The Chief of the National Guard 

Bureau. 

(ii) Non-voting members. Non-voting 

members are the Director, Enterprise 

Information Technology Services 

Directorate (EITSD), WHS; and the 

representatives designated by Defense 

Agency and DoD Field Activity 

directors. 

(2) Responsibilities. The Board: 

(i) Serves as the primary DoD policy 

forum for matters involving the DoD 

Privacy Program, meeting as necessary 

to address issues of common concern to 

ensure that consistent policy is adopted 

and followed by the DoD Components. 

The Board issues advisory opinions, as 

necessary, on the DoD Privacy Program 

to promote uniform and consistent 

application of 5 U.S.C. 552a, OMB 

Circular No. A–130, and this part. 

(ii) Establishes and convenes 

committees as necessary. 

(iii) Establishes working groups 

whose membership is composed of DoD 

Component privacy officers and others 

as necessary. 

(b) The Defense Data Integrity 

Board—(1) Membership. The Board 

consists of: 

(i) The DCMO, who serves as the 

chair. 

(ii) The Chief, DPCLD, who serves as 

the Executive Secretary. 

(iii) The representatives designated by 

the Secretaries of the Military 

Departments; the DoD CIO; the GC DoD; 

the Inspector General of the Department 

of Defense, who is a non-voting advisory 

member; the Director, EITSD; and the 

Director, Defense Manpower Data 

Center. 

(2) Responsibilities. The Board: 

(i) Oversees and coordinates, 

consistent with the requirements of 5 

U.S.C. 552a, OMB Circular No. A–130, 

and this part, all computer matching 

agreements involving personal records 

contained in systems of records 

maintained by the DoD Components. 

(ii) Reviews and approves all 

computer matching agreements between 

the DoD and other federal, state, or local 

governmental agencies, as well as any 

memorandums of understanding, when 

the match is internal to the DoD. This 

review ensures that, in accordance with 

5 U.S.C. 552a, OMB Circular No. A–130, 

and this part, appropriate procedural 

and due process requirements are 

established before engaging in computer 

matching activities. 

* * * * * 

Dated: January 21, 2015. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2015–01262 Filed 1–26–15; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1523 and 1552 

[EPA–HQ–OARM–2014–0515; FRL–9916– 

21–OARM] 

Environmental Protection Agency 

Acquisition Regulation (EPAAR); 

Environmental, Conservation, 

Occupational Safety, and Drug-Free 

Workplace 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

address minor non-substantive changes 

in three clauses and two related 

prescriptions. The direct final rule 

updates ‘‘Protection of Human 

Subjects’’, ‘‘Care of Laboratory 

Animals’’, and ‘‘EPA Green Meetings 

and Conferences’’. EPA does not 

anticipate any adverse comments. 


tkelley on DSK3SPTVN1PROD with RULES
4212 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 

DATES: This rule is effective on March 

30, 2015 without further notice, unless 

adverse comment is received February 

26, 2015. If adverse comment is 

received, the EPA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2014–0515 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: docket.oei@epa.gov. 

• Fax: (202) 566–1753. 

• Mail: EPA–HQ–OARM–2014–0515, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room 

B102, 1301 Constitution Ave. NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2014– 

0515. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Government Property-Contract 

Property Administration Docket, EPA/

DC, EPA West, Room 3334, 1301 

Constitution Ave. 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 EPA 

Docket Center is (202) 566–1752. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m. Monday through Friday, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Holly Hubbell, Policy, Training, and 

Oversight Division, Acquisition Policy 

and Training Service Center (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

1091; email address: hubbell.holly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

General Information 

1. Do not submit Classified Business 

Information (CBI) to EPA Web site 

http://www.regulations.gov or email. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI, 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) Part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

3. Make sure to submit your 

comments by the comment period 

deadline identified. 

I. Background 

The EPA is revising EPAAR 

1552.223–70 Protection of Human 

Subjects and 1552.223–72 Care of 

Laboratory Animals to update the 

clauses with current references and 

legislative information. Except for 

administrative changes, the clauses 

were last updated in 1984 and 2000, 

respectively. Prescription 1523.303–72 

for EPAAR 1552.223–72 clarifies the 

applicability of the clause of care and 

use. The revisions to prescription 

1523.703–1 Acquisition of 

Environmentally Preferable Meeting and 

Conference Services updates the 

applicability of clause 1552.223–71 EPA 

Green Meetings and Conferences. The 

revision of EPAAR 1552.223–71 

replaces the ‘‘14 questions’’ with more 

relevant questions which clarify the 

current requirements for 

environmentally preferred facilities. 

II. Final Rule 

This final rule makes the following 

changes: 

1. Revise prescription EPAAR 

1523.303–72 to clarify the applicability 

of the clause EPAAR 1552.223–72 Care 

of Laboratory Animals. 

2. Revise prescription EPAAR 

1523.703–1 to clarify the applicability of 

clause 1552.223–71 requiring 

information about the environmental 

preferability features and practices of 

lodging and non-lodging oriented 

meeting and conference facilities. 


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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 4213 

3. Revise EPAAR 1552.223–70 to 

update the legislative and guidance 

references and information. 

4. Revise EPAAR 1552.223–71 by 

replacing the ‘‘14 questions’’ with more 

relevant questions that better clarify 

essential attributes for environmentally 

preferred facilities. 

5. Revise EPAAR 1552.223–72 to 

update the legislative references and 

guidance information. 

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 is therefore 

not subject to review under the EO 

12866 and 13563 (76 FR 3821, January 

21, 2011). 

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. Burden is 

defined at 5 CFR 1320.3(b). 

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 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 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; or (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. In 

determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

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. 503 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 action revises current EPAAR 

clauses and will not have a significant 

economic impact on substantial number 

of small entities. We continue to be 

interested in the potential impacts of the 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, and tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

Sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This action 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. Thus, Executive 

Order 13132 does not apply to this 

action. In the spirit of Executive Order 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically solicits comment on 

this action from State and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Thus, Executive Order 13175 

does not apply to this action. 

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 EO 12886, and (2) concerns an 

environmental health or safety risk that 

may have a proportionate effect on 

children. This rule is not subject to EO 

13045 because it is not an economically 

significant rule as defined by EO 12866, 

and because it does not have a 

proportionate effect on children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (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) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 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. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This action does 

not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 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 


tkelley on DSK3SPTVN1PROD with RULES
4214 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this final 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 in the 

general public. 

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, generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of Agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects 

48 CFR Part 1523 

Environmental protection, 

Acquisition of environmentally 

preferable meeting and conference 

services, Care of laboratory animals, 

Environmental, conservation, 

occupational safety, and drug-free 

workplace, Government procurement. 

48 CFR Part 1552 

Environmental protection, Care of 

laboratory animals, EPA green meetings 

and conferences, Protection of human 

subjects, Government procurement. 

Dated: January 7, 2015. 

John R. Bashista, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, Chapter 15 of Title 48 Code 

of Federal Regulations, parts 1523 and 

1552 are amended as set forth below: 

PART 1523—ENVIRONMENTAL, 

CONSERVATION, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 1. The authority citation for part 1523 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

■ 2. Revise 1523.303–72 to read as 

follows: 

1523.303–72 Use and care of laboratory 

animals. 

Contracting officers shall insert the 

clause at 1552.223–72, Use and Care of 

Laboratory Animals, in all contracts 

involving the use of animals in testing, 

research or training. 

■ 3. Revise 1523.703–1 to read as 

follows: 

1523.703–1 Acquisition of environmentally 

preferable meeting and conference facilities 

and services. 

(a) Scope. This section establishes the 

policy and the procedures for acquiring 

environmentally preferable meeting and 

conference facilities and services. For 

purposes of this section, the term 

‘‘contracting officer’’ refers to any EPA 

employee with purchasing authority. 

For purposes of this section, the terms 

‘‘meeting and conference facilities’’ or 

‘‘conference facilities’’ refer to any offsite commercial facility which is 

purchased for the use of an EPA 

conference or event, whether the 

purpose of the event is a meeting, 

conference, training session, or other 

official purpose. 

(b) Conference facilities. EPA 

conducts government events at facilities 

owned and operated by private, thirdparty vendors. These facilities— 

(1) May provide conference 

participants with lodging, food and 

beverage, and other on-site event 

support services. 

(2) Demonstrate they are 

environmentally preferable by their 

responses to the 17 questions in 

1552.223–71(c) highlighting 

environmental performance. These 

questions address, among other things, 

reducing greenhouse gas (GHG) 

emissions, the production and disposal 

of solid waste, the use of and exposure 

to toxic chemicals/materials, and the 

depletion of natural resources including 

water. 

(c) Policy. Contracting officers shall 

purchase environmentally preferable 

meeting and conference facilities and 

services to the greatest extent 

practicable. Environmentally preferable 

is defined at FAR 2.101 and shall be 

considered in all purchases of meeting 

and conference facilities and services. 

(d) Procedures for micropurchases. 

The contracting officer shall request that 

potential third party conference facility 

vendors respond to the 17 questions in 

1552.223–71(c) or language 

substantially the same as these 

questions, in order to evaluate their 

environmental performance. 

(e) Procedures for purchases of 

conference facilities exceeding the 

micropurchase threshold. The 

contracting officer shall request that 

potential third party conference facility 

vendors respond to the 17 questions in 

1552.223–71(c) or language 

substantially the same as these 

questions, in order to evaluate their 

environmental performance. The 

contracting officer shall notify vendors 

that the basis for award will be best 

value with price and other factors 

considered. Environmental preferability, 

as determined by evaluating the 

information submitted in response to 

the questions and specifications at 

1552.223–71(c) or information 

submitted in response to substantially 

similar questions and specifications, 

shall be considered among the other 

factors. The contracting officer shall 

determine the relative importance of 

price and other factors as appropriate to 

the acquisition, but in all cases shall 

consider environmental preferability as 

a significant factor. 

(f) Contractor support for meetings 

and conferences. A contract, order, 

work assignment or purchasing 

agreement that includes contractor 

support for meeting and conference 

planning and logistics must include 

requirements to make use of 

environmentally preferable meeting and 

conference facilities and services. The 

contracting officer shall ensure language 

is included in the tasking document 

work statement that requires the 

contractor to use the provisions at 

1552.223–71 or language approved by 

the contracting officer that is 

substantially the same as the provisions, 

when soliciting quotes or offers for 

meeting and conference services on 

behalf of the EPA. 

(g) Solicitation provision. The 

contracting officer shall insert 

provisions or language substantially the 

same as the provisions at 1552.223–71 

EPA Green Meetings and Conferences, 

in solicitations for meeting and 

conference services. Contracting officers 

issuing an oral solicitation must also use 

these provisions, though they may be 

provided to the vendor orally or 

electronically. Contractors soliciting 

quotes or offers for meeting and 

conference services on behalf of EPA 

shall use the provisions, or language 

approved by the contracting officer that 


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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 4215 

is substantially the same as the 

provisions. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. 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. 

■ 5. Revise 1552.223–70 to read as 

follows: 

1552.223–70 Protection of human 

subjects. 

As prescribed in 1523.303–70, insert 

the following contract clause when the 

contract involves human test subjects. 

Protection of Human Subjects March 

2015 

(a) The contractor shall meet all EPA 

requirements for studies using human 

subjects prior to undertaking any work with 

human subjects in accordance with 40 CFR 

part 26 and EPA Order 1000.17 A1 Policy 

and Procedures on Protection of Human 

Research Subjects in EPA Conducted or 

Supported Research. Studies involving 

intentional exposure of human subjects who 

are children or pregnant or nursing women 

are prohibited. Requirements regarding 

observational studies involving children or 

pregnant women and fetuses are referenced 

in subparts C and D of 40 CFR part 26. 

(b) The contractor’s Institutional Review 

Board (IRB) approval must state that the 

contractor’s study meets the EPA’s 

regulations at 40 CFR part 26 and EPA Order 

1000.17 A1. No work involving human 

subjects, including recruiting, may be 

initiated before the EPA has received a copy 

of the contractor’s IRB approval of the project 

and the EPA has also issued approval. Where 

human subjects are involved in the research, 

the contractor must provide evidence of 

subsequent IRB reviews, including 

amendments or minor protocol changes, as 

part of annual reports. 

(c) The contractor shall bear full 

responsibility for the proper and safe 

performance of all work and services 

involving the use of human subjects under 

this contract and shall ensure that work is 

conducted in a proper manner and as safely 

as is feasible. The contractor agrees that it has 

entered into this contract and will discharge 

its obligations, duties, and undertakings and 

the work pursuant thereto, whether requiring 

professional judgment or otherwise, as an 

independent contractor without imputing 

liability on the part of the government for the 

acts of the contractor, its employees, subcontractors, consultants, heirs, assignees, etc. 

(d) If at any time during the performance 

of this contract, the contracting officer 

determines that the contractor is not in 

compliance with any of the requirements 

and/or standards stated in above, the 

contracting officer may immediately 

suspend, in whole or in part, work and 

further payments under this contract until 

the contractor corrects the noncompliance. 

The contracting officer may communicate the 

notice of suspension by telephone with 

confirmation in writing. If the contractor fails 

to complete corrective action within the 

period of time designated in the contracting 

officer’s written notice of suspension, the 

contracting officer may terminate this 

contract in whole or in part. 

(End of clause) 

■ 6. Revise 1552.223–71 to read as 

follows: 

1552.223–71 EPA Green Meetings and 

Conferences. 

As prescribed in 1523.703–1, insert 

the following provision, or language 

substantially the same as the provision, 

in solicitations for meetings and 

conference facilities. 

EPA Green Meetings and Conferences 

March 2015 

(a) The mission of the EPA is to protect 

human health and the environment. As such, 

all EPA meetings and conferences will be 

staged using as many environmentally 

preferable measures as possible. 

Environmentally preferable means products 

or services that have a lesser or reduced 

effect on the environment when compared 

with competing products or services that 

serve the same purpose. 

(b) Potential meeting or conference facility 

providers for EPA shall provide information 

about the environmentally preferable features 

and practices identified by the checklist 

contained in paragraph (c) of this section, 

addressing sustainability for meeting and 

conference facilities including lodging and 

non-lodging oriented facilities. 

(c) The following list of questions is 

provided to assist contracting officers in 

evaluating the environmental perferability of 

prospective meeting and conference facility 

providers. More information about EPA’s 

Green Meetings initiative may be found on 

the Internet at http://www.epa.gov/oppt/

greenmeetings/. 

(1) Does your facility track energy usage 

and/or GHG emissions through ENERGY 

STAR Portfolio Manager (http://www.

energystar.gov/benchmark) or some other 

calculator based on a recognized greenhouse 

gas tracking protocol? Y/Nll 

(2) If available for your building type, does 

your facility currently qualify for the Energy 

Star certification for superior energy 

performance? Y/N ll, NAll 

(3) Does your facility track water use 

through ENERGY STAR Portfolio Manager or 

another equivalent tracking tool and/or 

undertake best management practices to 

reduce water use in the facility (http://www.

epa.gov/watersense/commercial)? Y/Nll 

(4) Do you use landscaping professionals 

who are either certified by a WaterSense 

recognized program or actively undertake the 

WaterSense ‘‘Water-Smart’’ landscaping 

design practices (http://www.epa.gov/

watersense/outdoor)? Y/Nll, NAll 

(5) Based on the amount of renewable 

energy your buildings uses, does (or would) 

your facility qualify as a partner under EPA’s 

Green Power Partnership program (http://

www.epa.gov/greenpower/join/

purchase.htm)? 

Y/Nll 

(6) Do you restrict idling of motor vehicles 

in front of your facility, at the loading dock 

and elsewhere at your facility? Y/Nll 

(7) Does your facility have a default 

practice of not changing bedding and towels 

unless requested by guests? 

Y/Nll, NAll 

(8) Does your facility participate in EPA’s 

WasteWise (http://www.epa.gov/epawaste/

conserve/smm/wastewise/) and/or Food 

Recovery Challenge (http://www.epa.gov/

foodrecoverychallenge/) programs? Y/Nll 

(9) Do you divert from landfill at least 50% 

of the total solid waste generated at your 

facility? Y/Nll 

(10) Will your facility be able to divert 

from the landfill at least 75% of the total 

solid waste expected to be generated during 

this conference/event? Y/Nll 

(11) Do you divert from landfill at least 

50% of the food waste generated at your 

facility (through donation, use as animal 

feed, recycling, anaerobic digestion, or 

composting)? Y/Nll 

(12) Will your facility be able to divert 

from landfill at least 75% of the food waste 

expected to be generated during this 

conference/event (through donation, use as 

animal feed, recycling, anaerobic digestion, 

or composting)? 

Y/Nll 

(13) Does your facility provide recycling 

containers for visitors, guests and staff (paper 

and beverage at minimum)? Y/Nll 

(14) With respect to any food and beverage 

prepared and/or served at your facility, does 

at least 50% of it on average meet 

sustainability attributes such as: Local, 

organic, fair trade, fair labor, antibiotic-free, 

etc.? Y/Nll 

(15) Will your facility be able to ensure that 

at least 75% of the food and beverage 

expected to be served during this conference/ 

event meets sustainability attributes such as: 

Local, organic, fair trade, fair labor, 

antibiotic-free, etc.? Y/Nll 

(16) Does your facility use Design for the 

Environment (DfE) cleaning products (http:// 

www.epa.gov/dfe/), or similar products 

meeting other recognized standards for being 

‘environmentally preferable’ (http://

www.epa.gov/epp/) or more sustainable? Y/

Nll 

(17) Is your facility prepared to document 

or demonstrate all of the claims you have 

made above? Y/Nll 

(d) The contractor shall include any 

additional ‘‘Green Meeting’’ information in 

their proposal which is believed is pertinent 

to better assist us in considering 

environmental preferability in selecting our 

meeting venue. 

■ 7. Revise 1552.223–72 to read as 

follows: 

1552.223–72 Use and care of laboratory 

animals. 

As prescribed in 1523.303–72, insert 

the following clause in all contracts 

involving the use of animals in testing, 

research or training: 


tkelley on DSK3SPTVN1PROD with RULES
4216 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 

Use and Care of Laboratory Animals 

March 2015 

(a) Use of laboratory animals. (1) Before 

undertaking performance of any contract 

involving the use of laboratory animals, the 

contractor shall register with the Secretary of 

Agriculture of the United States in 

accordance with the Secretary of Agriculture 

of the United States in accordance with the 

Animal Welfare Act of 1966, as amended 

(AWA), codified at 7 U.S.C. 2131 et seq. and 

promulgated at 9 CFR parts 1–4. The 

contractor shall furnish evidence of such 

registration to the contracting officer. 

(2) The contractor shall acquire animals 

used in research and development programs 

from a dealer licensed by the Secretary of 

Agriculture, or from exempted sources in 

accordance with 9 CFR 2.25–2.28. Animals 

shall not be acquired from any random 

source Class B dealer. 

(3) The contractor may request registration 

of his/her facility and a current listing of 

licensed dealers from the Regional Office of 

the Animal and Plant Health Inspection 

Service (APHIS), USDA, for the region in 

which his/her research facility is located. 

The location of the appropriate APHIS 

Regional Office as well as information 

concerning this program may be obtained at 

http://www.aphis.usda.gov/contact_us/. 

(b) Care of laboratory animals. (1) In the 

care of any live animals used or intended for 

use in the performance of this contract, the 

contractor shall adhere to: 

(i) The standards and practices 

incorporated in the Guide for Care and Use 

of Laboratory Animals, prepared by the 

Institute of Laboratory Animal Research of 

the National Research Council of the 

National Academies (ILAR/NRC), 

(ii) The Animal Welfare Regulations found 

in 9 CFR parts 1–4, and 

(iii) The National Institutes of Health (NIH) 

Public Health Service (PHS) Policy on the 

Humane Care and Use of Laboratory 

Animals. 

(2) In case of conflict between standards, 

the higher standard shall be used. 

(3) The contractor’s reports on portions of 

the contract in which animals were used 

shall contain a certificate stating that the 

animals were cared for in accordance with 

the principles enunciated in the Guide for 

Care and Use of Laboratory Animals, 

prepared by the ILAR/NRC, and/or in the 

Animal Welfare Regulations found in 9 CFR 

parts 1–4. 

(End of clause) 

[FR Doc. 2015–01166 Filed 1–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 131211999–5045–02] 

RIN 0648–BD86 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources in the 

Gulf of Mexico and Atlantic Region; 

Amendment 20B 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 20B to the 

Fishery Management Plan for the 

Coastal Migratory Pelagic Resources 

(CMP) in the exclusive economic zone 

(EEZ) of the Gulf of Mexico and Atlantic 

Region (FMP) (Amendment 20B), as 

prepared and submitted by the Gulf of 

Mexico (Gulf) and South Atlantic 

Fishery Management Councils 

(Councils). This rule modifies Gulf 

migratory group king mackerel trip 

limits and fishing years, allows transit 

through areas closed to king mackerel 

fishing, creates zones and quotas for 

Atlantic migratory group king and 

Spanish mackerel, modifies the 

framework procedures for the FMP, 

increases annual catch limits (ACLs) 

and annual catch targets (ACTs) for 

cobia, and creates an east coast zone and 

quotas for Gulf migratory group cobia. 

In addition, this rule reorganizes the 

description of CMP zones in the 

regulations and clarifies that spearguns 

and powerheads are allowable gear for 

cobia in Federal waters of the South 

Atlantic and Mid-Atlantic regions. The 

purpose of this rule is to help achieve 

optimum yield (OY) for the CMP fishery 

while ensuring allocations are fair and 

equitable and fishery resources are 

utilized efficiently. 

DATES: This rule is effective March 1, 

2015. 

ADDRESSES: Electronic copies of 

Amendment 20B, which includes an 

environmental assessment, a Regulatory 

Flexibility Act analysis, and a regulatory 

impact review, may be obtained from 

the Southeast Regional Office Web site 

at http://sero.nmfs.noaa.gov/

sustainable_fisheries/gulf_sa/cmp/

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, or email: Susan.Gerhart@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The CMP 

fishery in the Gulf and Atlantic is 

managed under the FMP. The FMP was 

prepared by the Councils and 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On October 17, 2014, NMFS 

published a notice of availability for 

Amendment 20B and requested public 

comment (79 FR 62410). On October 31, 

2014, NMFS published a proposed rule 

for Amendment 20B and requested 

public comment (79 FR 64728). The 

proposed rule and Amendment 20B 

outline the rationale for the actions 

contained in this final rule. A summary 

of the actions implemented by this final 

rule is provided below. 

Management Measures Contained in 

Amendment 20B and This Final Rule 

Amendment 20B and this rule modify 

Gulf migratory group king mackerel trip 

limits and fishing years, allow transit 

through areas closed to king mackerel 

fishing, create zones and quotas for 

Atlantic migratory group king and 

Spanish mackerel, modify the 

framework procedures for the FMP, 

increase ACLs and ACTs for cobia, and 

create an east coast zone and quotas for 

Gulf migratory group cobia. The 

purpose of this rule is to help achieve 

OY for the CMP fishery while ensuring 

allocations are fair and equitable and 

fishery resources are utilized efficiently. 

Gulf Migratory Group King Mackerel 

Commercial Hook-and-Line Trip Limits 

This final rule removes the Gulf 

migratory group king mackerel hookand-line trip limit reduction for the 

northern and southern subzones of the 

Gulf eastern zone’s Florida west coast 

subzone, to allow the harvest of 1,250 lb 

(567 kg) per day until the quota for the 

subzone has been met or projected to be 

met and the respective subzone is 

closed to king mackerel harvest. 

Gulf Migratory Group Eastern Zone 

Northern and Southern Subzone King 

Mackerel Fishing Years 

This rule changes the Florida west 

coast northern subzone fishing year to 

October 1 through September 30. The 

fishing year for the Florida west coast 

southern subzone will remain July 1 

through June 30. 

Transit Through Areas Closed to King 

Mackerel 

This rule allows a vessel with a valid 

commercial vessel permit for king 


tkelley on DSK3SPTVN1PROD with RULES