Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Proposed Rules 26235 

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 section 1511.011–74 to read 

as follows: 

1511.011–74 Work Assignments. 

(Deviation) (Nov 2009). 

3. Add sections 1511.011–74–1 and 

1511.011–74–2 to read as follows: 

1511.011–74–1 Policy. 

When issuing work assignments, the 

independent government cost estimate 

shall not be released to the contractor. 

In most cases the Contracting Officer 

(CO) should authorize the contractor to 

expend only the estimated labor hours 

necessary to develop the work plan and 

to initiate preliminary tasks which must 

be performed before work plan approval 

can be made. However, in cases where 

the uncertainties involved in the effort 

are of such a magnitude that there is no 

reasonable expectation that the 

contractor can estimate the level of 

effort required by the tasks, objectives, 

or outcomes of the requirement, the CO 

may provide a ceiling level of effort for 

the entire work assignment at the time 

of its issuance. In such cases, the 

specific uncertainties precluding 

reasonable estimation of the required 

level of effort on the contractor’s part 

must be documented in the contract file. 

1511.011–74–2 Solicitation provision. 

The CO shall insert the contract 

clause at 1552.211.74, Work 

Assignments, in cost-reimbursement 

type term form contracts when work 

assignments are used. For Superfund 

contracts, except for contracts which 

require annual conflict of interest 

certificates (e.g., Site Specific contracts, 

the Contract Laboratory Program (CLP), 

and Sample Management Office (SMO) 

contracts), the CO shall use the clause 

with either Alternate I or Alternate II. 

Alternate I shall be used for contractors 

who have at least three (3) years of 

records that may be searched for 

certification purposes. Alternate II shall 

be used for contractors who do not have 

at least three (3) years of records that 

may be searched. 

[FR Doc. 2011–10422 Filed 5–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1552 

[EPA–HQ–OARM–2010–0764; FRL–9288–4] 

EPAAR Clause for Compliance with 

EPA Policies for Information 

Resources Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

update policy, procedures, and contract 

clauses. The proposed rule provides 

revisions to the clause for Compliance 

with EPA Policies for Information 

Resources Management. This revision 

provides updates to out-dated 

information currently in the clause. 

DATES: Comments must be received on 

or before June 6, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2010–0764, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oei@epa.gov. 

• Fax: (202) 566–1753. 

• Mail: EPA–HQ–OARM–2010–0764, 

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 

Center—Attention 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–2010– 

0764. 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 www.regulations.gov 

or e-mail. 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 e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

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 Office of Environmental Information 

(OEI) 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: 

Donna S. Blanding, Policy, Training, 

and Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., 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 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. 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 


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26236 Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Proposed Rules 

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. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

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 proposed administrative 

updates to the clause will bring it in line 

with current EPA policy. 

III. Proposed Rule 

This proposed rule amends the 

EPAAR to revise the following within 

the Compliance with EPA Policies for 

Information Resources Management 

clause: 

1. Paragraph (a)(5) of said EPAAR 

clause states that this clause applies to 

services that are subject to the Brooks 

Act of 1965. The Brooks Act has been 

repealed as it relates to Information 

Technology and has been replaced with 

the Clinger-Cohen Act. The ClingerCohen Act is sufficiently covered in the 

Information Resource Management 

documents and does not need to be 

separately called out. 

2. Paragraphs (b)(3)(Enterprise 

Architecture) and (4)(Earned Value 

Management) is deleted. 

3. Paragraph (b)(2), Groundwater 

Program Information Resources 

Management Requirement, is deleted, 

and the OEI Quality group, plans on 

updating these documents and 

removing obsolete references. Also, the 

document, EPA Order 7500.1A— 

Minimum Set of Data elements for 

Groundwater, can only be found in a 

repository of documents on the Office of 

Human Resources Web site and the 

National Service Center for 

Environmental Publications Web site. 

As a result, the Office of Water stated 

the EPA Order could be removed from 

this clause. 

4. Paragraph (c), Printing, is deleted. 

The printing office does not offer these 

services. If a contractor requires these 

documents be printed, they can request 

such from the contracting officer. 

5. Paragraph (d), Electronic Access, is 

obsolete and should be deleted and 

replaced with the proposed paragraph 

(d). 

6. All offices agreed that information 

on EPA’s section 508 policy needed to 

be included in the clause. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and therefore, 

not subject to review under the EO. 

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 

provision 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.’’ 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Proposed Rules 26237 

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 solicits 

comment on this proposed action from 

State and local officials. 

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. 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 13175 does not 

apply to this action. EPA specifically 

solicits additional comment on this 

proposed action 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 proposed 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 it 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 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed 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 proposed 

rulemaking does not involve human 

health or environmental affects. 

This proposed 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: March 16, 2011. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

proposed to be 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 section 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
26238 Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Proposed Rules 

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 http://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. 2011–10423 Filed 5–5–11; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS