Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33693

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) of the

Administrative Procedures Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing

this rule and other required information

to the U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2) of the APA as amended.

List of Subjects in 40 CFR Part 279

Environmental protection, Hazardous

waste, Recycling, Used oil.

Dated: June 20, 1996.

Elliott Laws,

Assistant Administrator.

For the reasons set out in the

preamble, title 40 of the Code of Federal

Regulations is amended as follows:

PART 279—STANDARDS FOR THE

MANAGEMENT OF USED OIL

1. The authority citation for part 279

continues to read as follows:

Authority: Sections 1006, 2002(a), 3001

through 3007, 3010, 3014, and 7004 of the

Solid Waste Disposal Act, as amended (42

U.S.C. 6905, 6912(a), 6921 through 6927,

6930, 6934, and 6974); and Sections 101(37)

and 114 of CERCLA (42 U.S.C. 9601(37) and

9614(c)).

§ 279.10 [Amended]

2. Section 279.10 is amended by

removing the note immediately after

paragraph (b)(2)(iii).

[FR Doc. 96–16582 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

48 CFR Part 1552

[FRL–5525–6]

Acquisition Regulation; Coverage on

Information Resources Management

(IRM)

AGENCY: Environmental Protection

Agency

ACTION: Final rule.

SUMMARY: This final rule amends the

Environmental Protection Agency

Acquisition Regulation (EPAAR)

coverage on Information Resources

Management (IRM) by providing

electronic access to EPA IRM policies

for the Agency’s contractors. Electronic

access is available through the Internet

or a dial-up modem. Agency contractors

will be required to review the Internet

or access the dial-up modem when

receiving a work request (i.e. delivery

order or work assignment) to ascertain

the applicable IRM policies. The

intended effect of this rule is to ensure

that contractors perform IRM related

work in accordance with current EPA

policies.

EFFECTIVE DATE: This rule is effective

July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Edward N. Chambers at (202) 260–6028.

SUPPLEMENTARY INFORMATION:

A. Background

The required EPA Information

Resource Management (IRM) policies

are currently referenced in a clause

contained in all Agency solicitations

and contracts. While this clause

provides for revised and new directives

through attachments to contracts,

because of the rapid changes in the IRM

field, EPA may still be at risk for

requiring compliance with outdated

directives. By providing the references

and the full text of all required IRM

policies on the Internet, or through a

dial-up modem, EPA will be able to

update this information as changes

occur to ensure contractor compliance

with current IRM policies. This effort to

provide electronic access is consistent

with the Federally mandated

Government Information Locator

Service (GILS), a key initiative of the

National Performance Review (NPR).

This regulation was published as a

proposed rule in the Federal Register on

July 11, 1995. No comments were

received.

Minor edits have been made to clarify

the nature and protocols of the

electronic access. While the proposed

rule referenced a dial-up modem

bulletin board service (BBS), EPA has

subsequently decided that this mode of

electronic access does not qualify as a

BBS. Therefore, the final rule drops the

reference to a BBS.

B. Executive Order 12866

This is not a significant regulatory

action under Executive Order 12866;

therefore, no review is required by the

Office of Information and Regulatory

Affairs.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this rule does not

contain information collection

requirements that require the approval

of the Office of Management and Budget

(OMB) under 44. U.S.C. 3501, et. seq.

D. Regulatory Flexibility Act

The rule is not expected to have a

significant impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, U.S.C. 601 et seq.

The Internet and dial-up modems are

widely available mechanisms to access

information, used commonly in the

conduct of business by both small and

large entities. Compliance with this

requirement will require minimal cost

or effort for any entity, large or small.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) P.L. 104–

4, establishes requirements for Federal

agencies to assess their regulatory

actions on State, local, and tribal

governments and the private sector.

EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

the private sector in any one year.

Private sector costs for this action relate

to expenditures that are far below the

level established for UMRA

applicability. Thus, the rule is not

subject to the requirements of section

202 and 205 of the UMRA.

F. Regulated Entities

EPA contractors are entities

potentially regulated by this action.

Category Regulated Entities

Industry ..................... EPA contractors.

Questions regarding the applicability

of this action to a particular entity,

should be directed to the person listed

in the preceding FOR FURTHER

INFORMATION CONTACT section.

List of Subjects in 48 CFR Part 1552

Government Procurement,

Specifications, Standards, and other

Purchase Descriptions, Solicitation

Provisions and Contract Clauses.

For reasons set out in the preamble,

Chapter 15 of Title 48 Code of Federal

Regulations is amended as set forth

below:

PART 1552—[AMENDED]

1. The authority citation for 48 CFR

Part 1552 continues to read as follows:

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

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

2. Section 1552.210–79 is amended by

revising paragraphs (b), (c), and (d); and

by removing paragraphs (e) and (f) to

read as follows:

1552.210–79 Compliance with EPA

Policies for Information Resources

Management.

* * * * *
33694 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

Compliance With EPA Policies for

Information Resources Management

(June 1996)

* * * * *

(b) General. The Contractor shall perform

any IRM related work under this contract in

accordance with the IRM policies, standards

and procedures set forth in this clause and

noted below. Upon receipt of a work request

(i.e. delivery order or work assignment), the

Contractor shall check this listing of

directives (see paragraph (d) for electronic

access). The applicable directives for

performance of the work request are those in

effect on the date of issuance of the work

request.

(1) IRM Policies, Standards and

Procedures. The 2100 Series (2100–2199) of

the Agency’s Directive System contains the

majority of the Agency’s IRM policies,

standards and procedures.

(2) Groundwater Program IRM

Requirement. A contractor performing any

work related to collecting Groundwater data;

or developing or enhancing data bases

containing Groundwater quality data shall

comply with EPA Order 7500.1A—Minimum

Set of Data Elements for Groundwater.

(3) EPA Computing and

Telecommunications Services. The

Enterprise Technology Services Division

(ETSD) Operational Directives Manual

contains procedural information about the

operation of the Agency’s computing and

telecommunications services. Contractors

performing work for the Agency’s National

Computer Center or those who are

developing systems which will be operating

on the Agency’s national platforms must

comply with procedures established in the

Manual. (This document is only available

through electronic access.)

(c) Printed Documents. Documents listed

in (b)(1) and (b)(2) may be obtained from:

U.S. Environmental Protection Agency Office

of Administration Facilities Management and

Services Division Distribution Section Mail

Code: 3204 401 M Street, S.W. Washington,

D.C. 20460 Phone: (202) 260–5797

(d) Electronic access. (1) Internet. A

complete listing, including full text, of

documents included in the 2100 Series of the

Agency’s Directive System, as well as the two

other EPA documents noted in this clause, is

maintained on the EPA Public Access Server

on the Internet. Gopher Access:

gopher.epa.gov is the address to access the

EPA Gopher. Select ‘menu keyword search’

from the menu and search on the term ‘IRM

Policy’. Look for IRM Policy, Standards and

Guidance. World Wide Web Access: http://

www.epa.gov is the address for the EPA’s

www homepage. From the homepage, search

on the term ‘IRM Policy’ and look for IRM

Policy, Standards and Guidance.

(2) Dial-Up Modem. All documents,

including the listing, are available for

browsing and electronic download through a

dial-up modem. Dial (919) 558–0335 for

access to the menu that contains the listing

for EPA policies. Set the communication

parameters to 8 data bits, no parity, 1 stop

bit (8,N,1) Full Duplex, and the emulator to

VT–100. The information is the same

whether accessed through dial-up or the

Internet. For technical assistance, call 1–800–

334–2405.

(End of Clause)

Dated: June 5, 1996.

Betty L. Bailey,

Director, Office of Acquisition Management.

[FR Doc. 96–16583 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 620

[Docket No. 960126016–6070–02; I.D.

062196D]

General Provisions for Domestic

Fisheries; Withdrawal of Emergency

Fishing Closure in Block Island Sound

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Termination of an emergency

interim rule.

SUMMARY: NMFS terminates the

emergency interim rule that closed a

portion of Federal waters off the coast

of Rhode Island, in Block Island Sound

subsequent to an oil spill. Effective

immediately, fishing in the previously

closed area may resume in accordance

with all State and federal regulations

and Fishery Management Plans.

EFFECTIVE DATE: Effective June 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Daniel Morris at (508) 281–9388.

SUPPLEMENTARY INFORMATION: On

January 19, 1996, an oil barge grounded

and spilled more than 800,000 gallons

(3.03 million liters) of heating oil into

the waters of Block Island Sound, RI. On

January 26, 1996, NMFS, at the request

of, and in conjunction with, the State of

Rhode Island, prohibited the harvest of

seafood from an area of approximately

250 square miles (647 square

kilometers(km)) in Block Island Sound.

The original area of closure was

announced and defined in an

emergency interim rule published in the

Federal Register on February 1, 1996

(61 FR 3602).

Following the oil spill and the initial

closure action, State officials, in

consultation with Federal agencies and

the responsible party, developed a

protocol for amending and reopening

fishery closures in the affected area. The

protocol set sampling, inspection, and

analysis standards, to ensure that

seafood harvested from the area would

be wholesome and to provide the basis

for amending and reopening the fishery

closures.

On March 13, 1996, based on the

findings of seafood inspectors and at the

request of state officials, NMFS opened

the entire area to fishing for and landing

of finfish and squid by gear types other

than bottom trawl gear. This same

action, published in the Federal

Register on March 19, 1996 (61 FR

11164), expanded by approximately 28

square miles (72.5 square km), the area

in which fishing for and landing

lobsters, clams, and crabs is prohibited.

Throughout the expanded closed area

the use of lobster traps, bottom trawl or

dredge gear was prohibited.

On April 9, 1996, the closure was

amended further to allow all fishing to

resume, with the exception of lobstering

in an area of approximately 42 square

miles (108.8 square km) to the east and

north of Block Island, RI. This action

was published in the Federal Register

on April 15, 1996 (61 FR 16401).

On April 24, 1996, testing of lobsters

from the portion of the closed area in

the exclusive economic zone (EEZ)

determined that oil-adulteration

persisted in some of the samples.

Therefore, the state requested that the

closure in the EEZ, which was due to

expire on May 1, 1996, be extended.

NMFS complied with the state’s request

and extended the closure (61 FR 20175,

May 6, 1996).

On June 3, 1996, at the request of the

state and in response to seafood

inspection results, NMFS reduced the

area in the EEZ in which fishing for

lobsters was prohibited (61 FR 27795,

June 3, 1996). The new closure area in

the EEZ consisted of approximately 12

square miles (31 square km) north and

northeast of Block Island.

In accordance with the protocol for

amending and reopening the fishery

closures, inspection and chemical

analysis of the remaining restricted

species and closed areas have been

conducted periodically. During the most

recent round of inspection, evidence of

oil adulteration was not discerned in

any of the lobster samples. Therefore,

NMFS, at the request of the State of

Rhode Island, by this action, is

terminating the interim emergency rule

which prohibited fishing for lobsters in

a section of Block Island Sound.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that termination of the emergency

interim rule is consistent with the

Magnuson Conservation and

Management Act and other applicable

law.