        GENERAL SERVICES ADMINISTRATION
        48 CFR Parts 501, 502, 511, 539, 552, and 570
        [GSAR Case 2016-G511; Docket No. 2021-0018; Sequence No. 1]
        RIN 3090-AJ84
        General Services Acquisition Regulation (GSAR); GSAR Case 2016-G511, Contract Requirements for GSA Information Systems

          AGENCY:
          Office of Acquisition Policy, General Services Administration (GSA).

          ACTION:
          Proposed rule.

          SUMMARY:
          GSA is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to streamline and update requirements for contracts that involve GSA information systems. The revision of GSA's cybersecurity and other information technology requirements will lead to the elimination of a duplicative and outdated provision and clause from the GSAR. The proposed rule will replace the outdated text with existing policies of the GSA Office of the Chief Information Officer (OCIO) and provide centralized guidance to ensure consistent application across the organization. The updated GSA policy will align cybersecurity requirements based on the items being procured by ensuring contract requirements are coordinated with GSA's Chief Information Security Officer.

          DATES:
          Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before November 9, 2021 to be considered in the formation of the final rule.

          ADDRESSES:
          Submit comments in response to GSAR case 2016-G511 to: Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for “GSAR Case 2016-G511”. Select the link “Comment Now” that corresponds with GSAR Case 2016-G511. Follow the instructions provided at the “Comment Now” screen. Please include your name, company name (if any), and “GSAR Case 2016-G511” on your attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

            Instructions: Please submit comments only and cite GSAR Case 2016-G511 in all correspondence related to this case. Comments received generally will be posted without change to https://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two-to-three days after submission to verify posting.

          FOR FURTHER INFORMATION CONTACT:

          Ms. Johnnie McDowell, Procurement Analyst, at 202-718-6112 or gsarpolicy@gsa.gov, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755 or gsaregsec@gsa.gov. Please cite GSAR Case 2016-G511.

        SUPPLEMENTARY INFORMATION:
        I. Background

        GSA's cybersecurity requirements mandate that contractors protect the confidentiality, integrity, and availability of unclassified GSA information and information systems from cybersecurity vulnerabilities and threats. This rule will require contracting officers to incorporate applicable GSA cybersecurity requirements within the statement of work to ensure compliance with Federal cybersecurity requirements and implement best practices for preventing cyber incidents. These GSA requirements mandate applicable controls and standards (e.g., U.S. National Institute of Standards and Technology, U.S. National Archives and Records Administration Controlled Unclassified Information standards).
        In general, the proposed changes are necessary to bring long-standing GSA information system practices into the GSAR, consolidating policy into one area. Because of that consolidation, contractors may need less time and fewer resources to read and understand all the requirements relevant to their contract.
        GSA is proposing to amend the GSAR to revise sections of GSAR part 511, Describing Agency Needs, part 539, Acquisition Information Technology, and other related parts; to maintain consistency with the Federal Acquisition Regulation (FAR); and to incorporate and consolidate existing cybersecurity and other information technology requirements previously implemented through various Office of the Chief Information Officer (OCIO) or agency policies.
        II. Authority for This Rulemaking
        Title 40 of the United States Code (U.S.C.) Section 121 authorizes GSA to issue regulations, including the GSAR, to control the relationship between GSA and contractors.
        III. Discussion and Analysis

        The proposed rule changes fall into three categories: (1) Streamlining existing agency information technology (IT) security policies previously issued through the OCIO into one consolidated cybersecurity requirements policy titled CIO IT Security Procedural Guide 09-48: Security and Privacy Requirements for IT Acquisition Efforts; (2) consolidating existing agency non-security IT policies previously issued through the OCIO into one streamlined requirements policy titled CIO 12-2018: IT Policy Requirements Guide; and (3) eliminating the GSAR provision 552.239-70, Information Technology Security Plan and Security Authorization, and GSAR clause 552.239-71, Security Requirements for Unclassified Information Technology Resources. The changes to the GSAR included in this proposed rule are summarized below:
        1. Streamlining IT Security Policies Into CIO IT Security Procedural Guide 09-48: Security and Privacy Requirements for IT Acquisition Efforts
        GSA's internal information systems policies will be incorporated into subpart 511.171, Requirements for GSA Information Systems, requiring GSA contracting officers to:

        • Incorporate the applicable sections or complete version of the CIO IT Security Procedural Guide 09-48: Security and Privacy Requirements for IT Acquisition Efforts, and CIO 12-2018, IT Policy Requirements Guide, into GSA solicitations (i.e., Statement of Work, or equivalent); and
        • Coordinate with the GSA OCIO for applicable procurements.
        The new guidance will also establish a waiver process for cases where it is not effective from a cost or timing standpoint or where it is unreasonably burdensome.

        The streamlining of the policy into subpart 511.171 will also replace the general instruction found in GSAR 511.102, Security of Information Data, with more detailed instruction, and better aligns the GSAR with language in the FAR.

        The streamlining of security IT policies into CIO IT Security Procedural Guide 09-48: Security and Privacy Requirements for IT Acquisition Efforts means the:
        • Requirements outlined in the numerous OCIO security, privacy, and other information system policies are succinctly stated in a centralized policy.
        • Burden on contractors for understanding and implementing the applicable requirements for GSA information systems will be significantly reduced due to the elimination of outdated policies.
        • Contract administration will be simplified by consolidating the IT security requirements in one location.
        2. Consolidating Non-Security IT Policies Into CIO 12-2018 IT Policy Requirements Guide
        The consolidating of OCIO non-security IT policies into CIO 12-2018 IT Policy Requirements Guide, will reduce the burden for GSA contractors and ensure contractors understand and can easily comply with GSA's OCIO non-security requirements. In addition, the creation of one central acquisition policy guide covering applicable non-security information technology requirements will save time and effort for both contractors and the Government to understand and implement these requirements.
        3. Eliminating GSAR Provision and Clause

        The analysis of GSA's IT and relevant policies will lead to the elimination of GSAR provision 552.239-70, Information Technology Security Plan and Security Authorization, and GSAR clause 552.239-71, Security Requirements for Unclassified Information Technology Resources. The elimination of the provision and clause means duplicative, outdated, and complex requirements imposed by them will be deleted from the GSAR and incorporated into the two policies. This new approach provides a more detailed explanation of the requirements for the Government and the public.
        IV. Regulatory Cost Analysis
        The current GSAR coverage does not clearly include all GSA information system requirements contained in existing OCIO policies. This rule will bring long standing GSA information system practices into the GSAR and consolidate all relevant policies into one area. As a result, contractors can expend less time and fewer resources reading and understanding all the requirements relevant to their contract in order to fully comply with the requirements.
        In addition, streamlining existing requirements for GSA information systems into two contractor focused policies, CIO 09-48 and CIO 12-2018, will reduce the number of requirements that contractors must implement, and the Government must validate through contract administration, saving time and effort for both contractors and the Government.
        The costs and impacts to streamline and consolidate IT security and non-security policies are discussed in the analysis below. The analysis was developed in consultation with the GSA Office of the Chief Information Officer (OCIO).
        Explanation of Data Source and Cost Calculation
        The associated costs were calculated by analyzing data from the beta.SAM formerly known as the Federal Procurement Data System New Generation (FPDS-NG) for GSA information system contracts completed in Fiscal Years 2017-2020. The report provides information on GSA contracts and task orders valued at $25,000 or more awarded using the Product Service Code (PSC) “D—ADP and Telecommunication Services” from beta.SAM. According to beta.SAM, the average number of new contract actions involving access to GSA's information system was 132, of which 48 percent, or 63 entities, were small business entities. The following paragraphs detail activities which are required by this rule for contractors using GSA's internal information systems:
        1. Familiarize Business Staff With CIO 09-48: Security and Privacy Requirements for IT Acquisition Efforts

        GSA estimates that contractors having to access GSA's internal information systems will take 2 hours to familiarize themselves with CIO 09-48 IT Security Procedural Guide: Security and Privacy Requirements for IT Acquisition Efforts. The 2 hours estimation is based on research findings which indicate that the requirements listed in CIO IT Security Procedural Guide 09-48: Security and Privacy Requirements for IT Acquisition Efforts are: (1) Similar to those imposed by other Federal agencies, (2) required by Federal laws and guidance such as the Federal Information Security Modernization Act (FISMA), Office of Management and Budget Circulars, and NIST publications, and (3) outlined in the original CIO 09-48 policy and its supplements before the updates. The consistency with the majority of the requirements reduces the time industry will need to familiarize themselves with the updated policy. GSA estimates the regulatory cost for this part of the rule to be $26,422 (= 2 hours × $100.08 × 132 (rounded)).1

            1 The $100.08 hourly is the 2021 GS rate for a GS-13 Step 5 (using the rate for the rest of the United States) burdened by 100% for fringe benefits.

        2. Familiarize Business Staff With CIO 12-2018: GSA IT Policy Requirements Guide

        GSA estimates that contractors having to access GSA's internal information systems will take 2 hours to familiarize themselves with CIO 12-2018 IT Policy Requirements. The 2 hours estimation is based on research findings which indicate that the non-security IT requirements are similar to those implemented by other federal agencies and was part of GSA many policy requirements in previous years. GSA estimates the total regulatory cost for this part of the rule to be $26,422 (= 2 hours × $100.08 × 132 (rounded)).2

            2 See footnote 1.

        3. Develop Business Procedures To Comply With CIO 09-48

        Under GSA's IT policies, new contract actions may need to develop an IT plan and supplements to comply with GSA internal information systems security requirements. GSA estimates that it will take 1 hour to fully develop the policies as required by CIO 09-48 GSA IT Security Procedural Guide: Security and Privacy Requirements for IT Acquisition Efforts. The 1 hour estimation is based on the GSA's provision that allows contractors to use GSA's policies to develop contractor-specific policies. Developing the IT plan and supplement documents will result in a total estimated cost for this part of the rule of 13,211 (= 1 hour × $100.08 × 132 (rounded)).3

            3 See footnote 1.

        4. Develop Business Procedures To Comply With CIO 12-2018

        Under GSA's IT policies new contract actions may need to develop, at a minimum, an IT Plan which includes non-security IT. GSA estimates that it will take 1 hour to comply with CIO 12-2018 GSA IT Policy Requirements Guide. The 1 hour estimate is based on the contractor's ability to use GSA's policies to develop their own policies and procedures to comply with the requirements of FISMA as incorporated in the GSA's IT policies. The total estimated cost for this part of the rule is $13,211 (= 1 hour × $100.08 × 132 (rounded)).4

            4 See footnote 1.

        5. Recordkeeping To Comply With CIO 09-48

        GSA estimates that contractors accessing GSA's internal information systems will take 1 hour to maintain records including the updating IT Plans and procedures, as needed. GSA estimated the total regulatory cost for this part of the rule to be $13,211 (= 1 hour × $100.08 × 132 (rounded)).5

            5 See footnote 1.

        6. Recordkeeping To Comply With CIO 12-2018

        GSA estimates that contractor's accessing GSA's internal information systems will take 1 hour to maintain records. GSA calculated the total estimated cost for this part of the rule to be $13,211 (= 1 hour × $100.08 × 132 (rounded)).6

            6 See footnote 1.

        Total Regulatory Cost
        The total cost of the above Cost Estimate is $72,000 in the first year after publication.

        The total cost of the above Cost Estimate in subsequent years is $18,000 annually.
        The following is a summary of the estimated total regulatory cost calculated into perpetuity at a 7-percent discount rate:

            Present Value Costs
            $451,536

            Annualized Costs
            31,608

        V. Executive Orders 12866 and 13563
        Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget (OMB) anticipates that this will not be a significant regulatory action and, therefore, will not be subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
        VI. Congressional Review Act
        The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a “major 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. OMB anticipates that this will not be a major rule under 5 U.S.C. 804.
        VII. Regulatory Flexibility Act

        GSA does not expect this rule to have a significant economic impact on a substantial number of small business entities within the meaning of the Regulatory Flexibility Act, at 5 U.S.C. 601, et seq., because the rule will incorporate the minimum requirements consistent with applicable laws, Executive orders, and prudent business practices for securing Government information systems. In addition, the requirements are similar to those currently in use in GSA information systems solicitations and contracts, and contractors are familiar with and are currently complying with these requirements. The Initial Regulatory Flexibility Analysis (IRFA) has been performed, and is summarized as follows:
        GSA is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to codify the proposed streamlined and consolidated requirements for contract actions that involve accessing GSA's information systems. GSA's policies on cybersecurity and other information technology requirements have been previously implemented through various Office of the Chief Information Officer (OCIO) policies separately disseminated to the workforce. Contractors have already been performing the majority of the requirements.
        The objective of the rule is to formalize the proposed changes to the existing guidance for contracts involving GSA information systems. The rule also allows GSA to vet these existing information technology requirements to the public for comment.

        The rule requires contractors to comply with applicable requirements contained in CIO 09-48 GSA IT Security Procedural Guide: Security and Privacy Requirements for IT Acquisition Efforts and CIO 12-2018, IT Policy Requirements Guide. The legal basis for the rule is 40 U.S.C. 121(c), 10 U.S.C. chapter 137, and 51 U.S.C. 20113.
        The rule applies to large and small businesses, which are awarded contracts involving GSA information systems. Information generated from the beta.SAM, formerly FPDS, for Fiscal Years 2017-2020 has been used as the basis for estimating the number of contractors that may involve GSA information systems as a requirement of their contract. The analysis focused on contracts in the Product Service Code (PSC) category D-Information and Technology and Telecommunications.

        Examination of this data revealed there was an average of 132 new contracts awarded in the targeted PSC for fiscal year (FY) 2017-2020. Of these contract actions, 63 or 48 percent were small businesses. The number of potential subcontractors in the selected PSC to which the requirements would flow down was calculated by using a ratio of 0.3:1, subcontractors to prime contractors (including other than small businesses), which equates to 44 annual subcontractors, of which GSA estimates that 75 percent would be small businesses (i.e., 33). Therefore, the total number of small businesses, including prime contractors and subcontractors, impacted annually would be 96.
        This rule will consolidate requirements currently used in solicitations and contracts involving GSA information systems and does not implement new requirements. In addition, the rule establishes a waiver process for cases where it is not cost effective or where it is unreasonably burdensome.
        The rule involves reporting and recordkeeping that are currently covered under OMB Control Number 3090-0300. This rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses.
        The rule does not duplicate, overlap, or conflict with any other Federal rules.
        There are no known alternatives to this rule which would accomplish the stated objectives. This rule does not initiate or impose any new administrative or performance requirements on small business contractors because the policies are already being followed and comply with all applicable Federal laws regarding Federal IT systems. The rule will allow the policies to be codified.
        The Regulatory Secretariat Division will be submitting a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat Division. GSA invites comments from small business concerns and other interested parties on the expected impact of this rule on small business entities.

        GSA will also consider comments from small business entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2016-G511), in correspondence.

        VIII. Paperwork Reduction Act
        The Paperwork Reduction Act (44 U.S.C. Chapter 35) does apply because the rule contains procedures with information collection requirements. However, these procedures do not impose additional information collection requirements to the paperwork burden previously approved under an existing OMB Control Number 3090-0300.

        Requesters may obtain a copy of the information collection documents from the GSA Regulatory Secretariat Division, by calling 202-501-4755 or emailing GSARegSec@gsa.gov. Please cite OMB Control No. 3090-0300, Implementation of Information Technology Security Provision, in all correspondence.

          List of Subjects in 48 CFR Parts 501, 502, 511, 539, 552, and 570
          Government procurement.

          Jeffrey A. Koses,
          Senior Procurement Executive, Office of Acquisition Policy, Office of Government-wide Policy, General Services Administration.

        Therefore, GSA proposes amending 48 CFR parts 501, 502, 511, 539, 552, and 570 as set forth below:

          PART 501—GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION SYSTEM

        1. The authority citation for 48 CFR part 501 continues to read as follows:

          Authority:
          40 U.S.C. 121(c).

        2. In section 501.106, amend table 1 by—
        a. Adding an entry for “511.171” in numerical order; and
        b. Removing the entry for “552.239-71”.
        The addition reads as follows:

          501.106
           OMB approval under the Paperwork Reduction Act.

            Table 1 to 501.106

              GSAR reference
              OMB control No.

              *    *    *    *    *

              511.171
              3090-0300

              *    *    *    *    *

          PART 502—DEFINITIONS OF WORDS AND TERMS

        3. The authority citation for 48 CFR part 502 continues to read as follows:

          Authority:
          40 U.S.C. 121(c).

        4. Amend section 502.101 by adding, in alphabetical order, the definitions of “GSA Information System” and “Information System” to read as follows:

          502.101
           Definitions.

            GSA Information System means an information system used or operated by the U.S. General Services Administration (GSA) or by a contractor or other organization on behalf of the U.S. General Services Administration including:
          (1) Cloud information system means information systems developed using cloud computing. Cloud computing is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications) that can be rapidly provisioned and released with minimal management effort or service provider interaction. Cloud information systems include Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS). Cloud information systems may connect to the GSA network.
          (2) External information system means information systems that reside in contractor facilities and typically do not connect to the GSA network. External information systems may be government-owned and contractor-operated or contractor-owned and -operated on behalf of GSA or the Federal Government (when GSA is the managing agency).
          (3) Internal information system means information systems that reside on premise in GSA facilities and may connect to the GSA network. Internal systems are operated on behalf of GSA or the Federal Government (when GSA is the managing agency).
          (4) Low Impact Software as a Service (LiSaaS) System means cloud applications that are implemented for a limited duration, considered low impact and would cause limited harm to GSA if breached.
          (5) Mobile application means a type of application software designed to run on a mobile device, such as a smartphone or tablet computer.

            Information System means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

          PART 511—DESCRIBING AGENCY NEEDS

        5. The authority citation for 48 CFR part 511 continues to read as follows:

          Authority:
          40 U.S.C. 121(c).

        6. Add section 511.171 to read as follows:

          511.171
           Requirements for GSA Information Systems.
          (a) General Service Administration (GSA) requirements. For GSA procurements (contracts, actions, or orders) that may involve GSA Information Systems, excluding GSA's government-wide contracts (e.g., Federal Supply Schedules and Governmentwide Acquisition Contracts), the contracting officer shall incorporate the applicable sections of the following policies in the Statement of Work, or equivalent:
          (1) CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements; and
          (2) CIO 12-2018, IT Policy Requirements Guide.

          (b) CIO (Chief Information Officer) coordination. The contracting officer shall coordinate with GSA's information technology (IT) point of contact to identify possible CIO policy inclusions prior to publication of a Statement of Work, or equivalent. In addition, contracting officers shall review the Security Considerations section of the acquisition plan to identify if the CIO policies apply. The CIO policies and GSA IT points of contact are available on the Acquisition Portal at https://insite.gsa.gov/itprocurement.

          (1) The contracting officer will be responsible for documenting the date of request for GSA IT coordination.
          (2) If no response is received within 10 business days of the request, the contracting officer will document that fact in the contract file and proceed with the publication of the Statement of Work or equivalent.
          (3) The contracting officer may grant an extension of this time period, if requested by GSA IT.
          (c) Waivers. (1) In cases where it is not effective in terms of cost or time or where it is unreasonably burdensome to include CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements or CIO 12-2018, IT Policy Requirements Guide in a contract or order, a waiver may be granted by the Acquisition Approving Official as identified in the thresholds listed at 507.103(b), the Information System Authorizing Official, and the GSA IT Approving Official.

          (2) The waiver request must provide the following information—

          (i) The description of the procurement and GSA Information Systems involved;
          (ii) Identification of requirement requested for waiver;
          (iii) Sufficient justification for why the requirement should be waived; and
          (iv) Any residual risks posed by waiving the requirement.
          (3) Waivers must be documented in the contract file.
          (d) Classified information. For any procurements that may involve access to classified information or a classified information system, see subpart 504.4 for additional requirements.

          PART 539—[REMOVED AND RESERVED]

        7. Under the authority of 40 U.S.C. 121(c), remove and reserve part 539.

          PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

        8. The authority citation for 48 CFR part 552 continues to read as follows:

          Authority:
          40 U.S.C. 121(c).

          Section 552.239-70
           [Removed and Reserved]

        9. Remove and reserve section 552.239-70.

          PART 570—ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY

        10. The authority citation for 48 CFR part 570 continues to read as follows:

          Authority:
          40 U.S.C. 121(c).

        11. In section 570.101, revise the table in paragraph (b) to read as follows:

          570.101
           Applicability.

          (b) * * *

            Table 1 to Paragraph (b)—GSAR Rules Applicable to Acquisitions of Leasehold Interests in Real Property

              501
              515.209-70
              519.12
              536.271

              502
              515.305
              522.805
              537.2

              503
              517.202
              522.807
              539

              509.4
              517.207
              538.270
              552

              514.407
              519.7
              533
              553

      [FR Doc. 2021-18866 Filed 9-9-21; 8:45 am]
      BILLING CODE 6820-61-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 300
        [EPA-HQ-SFUND-1986-0005; FRL-9183-1]
        National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Intent To Delete the SMS Instruments, Inc. Superfund Site

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:

          The Environmental Protection Agency (EPA), Region 2, is issuing a Notice of Intent to Delete the SMS Instruments, Inc. Superfund Site (Site), located in Deer Park, New York, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, is an Appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of New York, through the New York State Department of Environmental Conservation, have determined that all appropriate remedial actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

          DATES:
          Comments must be received by August 30, 2010.

          ADDRESSES:
          Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-1986-0005, by one of the following methods:

            Web site: http://www.regulations.gov. Follow the on-line instructions for submitting comments.

            E-mail: dannenberg.mark@epa.gov.

            Fax: To the attention of Mark Dannenberg at 212-637-3966.

            Mail: To the attention of Mark Dannenberg, Remedial Project Manager, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 10007-1866.

            Hand Delivery: Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007-1866 (telephone: 212-637-4308). Such deliveries are only accepted during the Records Center's normal hours of operation (Monday to Friday from 9 a.m. to 5 p.m.). Special arrangements should be made for deliveries of boxed information.

            Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-1986-0005. EPA's policy is that all comments received will be included in the 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 CBI or otherwise protected through http://www.regulations.gov or via 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 comments. If you send comments to EPA via e-mail, your e-mail address will be included as part of the comment that is placed in the Docket and made available on the Web site. If you submit electronic comments, EPA recommends that you include your name and other contact information in the body of your comments and with any disks or CD-ROMs that you submit. If EPA cannot read your comments due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comments. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses.

            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 can be viewed electronically at http://www.regulations.gov or obtained in hard copy at:

          U.S. Environmental Protection Agency, Region 2, Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-637-4308, Hours: Monday to Friday from 9 a.m. to 5 p.m.

          and

          New York State Department of Environmental Conservation, Region 1, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, New York 11790, Phone: 631-444-0240.

          FOR FURTHER INFORMATION CONTACT:

          Mark Dannenberg, Remedial Project Manager, by mail at Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th floor, New York, NY 10007-1866; telephone at 212-637-4251; fax at 212-637-3966; or e-mail at dannenberg.mark@epa.gov.

        SUPPLEMENTARY INFORMATION:
        In the “Rules and Regulations” Section of today's Federal Register, we are publishing a direct final Notice of Deletion of the SMS Instruments, Inc. Superfund Site without prior Notice of Intent to Delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final Notice of Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this deletion action, we will not take further action on this Notice of Intent to Delete. If we receive adverse comment(s), we will withdraw the direct final Notice of Deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Deletion Notice based on this Notice of Intent to Delete. We will not institute a second comment period on this Notice of Intent to Delete. Any parties interested in commenting must do so at this time.

        For additional information, see the direct final Notice of Deletion which is located in the “Rules” section of this Federal Register.

          List of Subjects in 40 CFR Part 300
          Environmental protection, Air pollution control, Chemicals, hazardous waste, Hazardous substances, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

          Authority:
           33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.

           Dated: July 20, 2010.
          Judith A. Enck,
          Regional Administrator, EPA, Region 2.

      [FR Doc. 2010-18775 Filed 7-29-10; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [Docket No. 000120016-0016-01; I.D. 112299C]
        RIN 0648-AM70
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gag, Red Grouper, and Black Grouper Management Measures

          AGENCY:
           National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
           Proposed rule; request for comments.

          SUMMARY:

           NMFS issues proposed regulations to implement a regulatory amendment prepared by the Gulf of Mexico Fishery Management Council (Council) in accordance with framework procedures for adjusting management measures of the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). These proposed regulations would increase the commercial and recreational minimum size limits for gag and black grouper; prohibit the commercial harvest and the sale or purchase of gag, black grouper, and red grouper from February 15 to March 15 each year; and establish two areas in the eastern Gulf of Mexico that would be closed to all fishing (except fishing for highly migratory species). The intended effect of these proposed regulations is to protect the spawning aggregations for these species and to prevent overfishing.

          DATES:
           Comments must be received no later than 5:00 p.m., eastern standard time, on February 10, 2000.

          ADDRESSES:
           Written comments on the proposed rule must be sent to Dr. Roy E. Crabtree, Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. Comments also may be sent via fax to 727-570-5583. Comments will not be accepted if submitted via e-mail or Internet.
          Requests for copies of the regulatory amendment, which includes an environmental assessment, a regulatory impact review (RIR), and an initial regulatory flexibility analysis (IRFA), and requests for copies of minority reports submitted by some Council members should be sent to the Gulf of Mexico Fishery Management Council, 3018 U.S. Highway 301 North, Suite 1000, Tampa, FL 33619-2266; telephone: 813-228-2815; fax: 813-225-7015; or e-mail: gulf.council@noaa.gov.

          FOR FURTHER INFORMATION CONTACT:
           Dr. Roy E. Crabtree, telephone: 727-570-5305, fax: 727-570-5583, e-mail: roy.crabtree@noaa.gov.

        SUPPLEMENTARY INFORMATION:
         The reef fish fishery in the exclusive economic zone (EEZ) of the Gulf of Mexico is managed under the FMP. The FMP was prepared by the Council and approved and implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
        The Council has proposed adjusted management measures (regulatory amendment) for the Gulf gag and black grouper fisheries for NMFS' review, approval, and implementation. These measures were developed and submitted to NMFS under the FMP's framework procedure for annual adjustments in total allowable catch and related measures (framework procedure). This proposed rule would implement the measures contained in the Council's regulatory amendment.
        Background
        The actions proposed in this regulatory amendment are intended to prevent overfishing by reducing the recreational and commercial harvest of gag, black grouper, and red grouper, and to evaluate the effectiveness of area closures in protecting gag spawning aggregations and male gag. The 1998 and 1999 NMFS Reports to Congress on the Status of Fisheries of the United States listed gag as approaching an overfished condition. The Council included black grouper in the regulatory amendment as a precautionary measure and because the identification of gag and black grouper is often confused. The Council included red grouper in the prohibition-of-sale measure because a closed season for gag and black grouper only would result in commercial fishermen targeting red grouper, with an incidental bycatch and related release mortality of gag and black grouper. Furthermore, the Council was concerned that a measure protecting only gag and black grouper would shift effort to red grouper and exacerbate problems with that stock; a recent NMFS stock assessment suggests that red grouper are overfished.

        The proposed rule would (1) increase the recreational minimum size limits for gag and black grouper from 20 inches to 22 inches (50.8 cm to 55.9 cm) immediately and by 1 inch (2.5 cm) each subsequent year (effective dates 1 and 2 years, respectively, after the effective date of the final rule) until 24 inches (61.0 cm) is reached; (2) increase the commercial minimum size limit for gag and black grouper from 20 inches to 24 inches (50.8 cm to 61.0 cm); (3) prohibit the sale of gag, black grouper, and red grouper harvested from the Gulf EEZ from February 15 to March 15; and (4) establish two areas in the eastern Gulf (Madison and Swanson sites and Steamboat Lumps) that would be closed to all fishing, except fishing for highly migratory species—tunas, sharks, and billfishes. The Council has requested that NMFS' Highly Migratory Species Division (HMS Division), Office of Sustainable Fisheries, issue a compatible rule prohibiting fishing for all Atlantic highly migratory species in these two areas. The HMS Division is currently considering this request and expects to take appropriate action soon. The boundaries of the two proposed closed areas (219 square nautical miles (751 km2) total area) are as follows:
        Madison and Swanson Sites

            NW corner
            29°17′ N. lat., 85°50′ W. long.

            NE corner
            29°17′ N. lat., 85°38′ W. long.

            SW corner
            29°06′ N. lat., 85°50′ W. long.

            SE corner
            29°06′ N. lat., 85°38′ W. long.

        Steamboat Lumps

            NW corner
            28°14′ N. lat., 84°48′ W. long.

            NE corner
            28°14′ N. lat., 84°37′ W. long.

            SW corner
            28°03′ N. lat., 84°48′ W. long.

            SE corner
            28°03′ N. lat., 84°37′ W. long.

        The proposed minimum size limits recommended by the Council are intended to allow some female gag to reach sexual maturity and spawn before being subjected to fishing mortality. Most gag mature at ages of 3 to 4 years and a length of about 24 inches (61.0 cm). The regulatory amendment suggests that the immediate 22-inch (55.9-cm) recreational size limit would reduce recreational landings by as much as 16 percent, and the immediate 24-inch (61.0-cm) commercial size limit would reduce commercial landings by about 6 percent. The proposal to increase the recreational size limit to 24 inches (61.0 cm) 2 years after initial implementation of this rule could reduce recreational landings by as much as 36 percent compared with the current 20-inch (50.8-cm) size limit. It is likely that the reduction in recreational harvest in subsequent years will be moderated by the increasing availability of larger gag resulting from the previous increases in the minimum size limit.
        The no-sale provision from February 15 to March 15 each year is expected to reduce the commercial gag and black grouper harvest by about 10 percent and the commercial red grouper harvest by about 7 percent; however, these estimates assume that commercial fishing effort will not shift in response to this measure. Comments by the NMFS Southeast Fisheries Science Center suggest that shifts in fishing effort (i.e., for example increased effort immediately before the closure) are likely to reduce the effectiveness of this measure.
        In addition to its goal of reducing the harvest, the Council acted out of concern that male gag have been depleted and that action is needed to protect them. The best scientific available information suggests that the proportion of males in the population has decreased dramatically over the past 20 years. The Council heard conflicting scientific testimony regarding the need for establishing closed areas to protect male gag and considered several options. The Council's rationale for the proposed closed areas is to allow research on the effects of area closures on gag populations. The areas selected for closure are believed to be important spawning areas for gag, which spawn in dense aggregations that are particularly vulnerable to fishing. The Council believes that a closure of the two areas to only gag fishing probably would not have the intended effect because continued fishing for other reef fish species would result in a large bycatch of gag. Thus, the proposed closure applies to all fishing (except fishing for highly migratory species). The closed areas are in relatively deep water where the survival rate of discarded bycatch species would be low. The closure would extend for 4 years to allow NMFS and the Council to evaluate the utility of closed areas for grouper management.
        The two closed areas are expected to reduce commercial landings of gag by about 2 percent, black grouper by about 1.5 percent, and red grouper by about 0.6 percent. If fishing effort shifts from the closed area into other areas, the actual reduction in landings would be less. The closed areas are expected to have little effect on recreational landings.
        The NMFS Southeast Fisheries Science Center expressed the following concerns regarding the proposed closed areas: (1) Existing baseline data are inadequate to evaluate changes in gag populations that could be attributed to the closure; (2) the duration of the closure (4 years) is too short to expect measurable benefits and changes resulting from the closure; (3) no criteria are proposed with which to judge the “success” or “failure” of the closure; and (4) Gulf-wide conclusions about the efficacy of closed areas would necessitate an experimental design utilizing replicate closed areas and controls. NMFS seeks public comment regarding these concerns.

        Council members opposing portions of the regulatory amendment submitted three minority reports. One minority report argued that (1) the proposed measures are insufficient to prevent overfishing and would place a greater share of the burden from the reduction in harvest on the recreational sector; (2) the 1-month closure of the commercial fishery was too short to be effective; (3) the closure of the two areas to all fishing unnecessarily restricts fishing for species other than reef fish; and (4) the closure should apply only to reef fish fishing and bottom fishing with gear capable of catching reef fish. Two other minority reports argued that: (1) the delay in increasing the recreational minimum size limit to 24 inches (61.0 cm) is unjustified and recommended an immediate increase to 24 inches (61.0 cm); (2) the measures in the regulatory amendment are not based upon the best available science, specifically referring to comments by a consultant hired by the commercial industry; (3) the 1-month closure of the commercial fishery only is unfair and that the recreational fishery should also be closed; and (4) the regulatory amendment fails to reduce bycatch in the recreational fishery. Copies of the minority reports are available (see ADDRESSES).
        Classification
        This proposed rule has been determined to be not significant for purposes of E.O. 12866.
        The Council prepared an initial regulatory flexibility analysis (IRFA) that describes the impact this proposed rule, if adopted, would have on small entities as required by 5 U.S.C. § 604(a). A summary of the IRFA follows.
        The Council determined that 340 commercial vessels and a small, but undetermined, number of for-hire vessels historically fishing in the EEZ of the Gulf of Mexico would be adversely affected by the action to close areas on a year-round basis. The typical commercial vessel participating in this fishery uses handline gear, has an average length of 38 ft (11.6 m), and generates average annual gross revenues of about $50,000. The minimum size limit and the seasonal no-sale provision in combination would affect 754 commercial vessels and a substantial, but unknown, number of for-hire vessels. Since some vessels will be affected by all the actions, the numbers are not additive; to add them would result in double counting. Hence, the expectation is that at least 754 commercial vessels constituting over 62 percent of the commercial fleet and a substantial, but unknown, number of for-hire vessels will be affected. All of the businesses supported by these vessels are classified as small business entities, and a substantial number of small business entities would be affected by the proposed actions. The proposed measures would be expected to reduce annual gross revenues by more than 5 percent.
        The Council proposed this rule because the gag stock is approaching an overfished condition and because the Magnuson-Stevens Act requires that the Council take action to prevent overfishing. The proposed management measures are intended to prevent fishing mortality from exceeding a rate that corresponds to a 20 percent static spawning potential ratio, which was the FMP's threshold for defining overfishing at the time the regulatory amendment was prepared. The Magnuson-Stevens Act, as amended, provides the legal basis for the rule.
        In addition to the actions described in this proposed rule, the Council considered and rejected the following gag management alternatives: (1) Set a total allowable catch; (2) allocate a total allowable catch between recreational and commercial users; (3) set a separate bag limit; and (4) set a commercial trip limit. The Council rejected these alternatives in order to minimize adverse impacts on small business entities and because overfishing of gag and black grouper stocks could be prevented by the selected alternatives. A discussion of the alternatives considered by the Council follows.

        The proposed alternative for the gag and black grouper minimum size limit is an immediate increase in the commercial size limit from 20 to 24 inches (50.8 cm to 61.0 cm) and an immediate increase in the recreational minimum size limit from 20 to 22 inches (50.8 cm to 55.9 cm) followed by 1-inch (2.54-cm) increases for each of the next 2 years, at which time the recreational and commercial minimum size limits will be identical—24 inches (61.0 cm). The Council considered and rejected four alternatives to change the size limits for gag and black grouper, including the status quo 20-inch (50.8-cm) minimum size limit. The Council rejected the status quo size limit because the reduction in fishing mortality would not be sufficient to prevent overfishing. The other rejected alternatives would have increased the minimum size limit from 20 inches (50.8 cm) to 24 inches (61.0 cm), but the schedule of the increase varied. The short-term adverse economic impact of the size limit increase was greatest with an immediate increase to 24 inches (61.0 cm) and least with an increase of one 1 inch (2.54-cm) every 2 years. However, postponement of the size-limit increase will also delay fishing-mortality reductions, which are needed to prevent overfishing. The proposed alternative would provide an immediate and substantial reduction in fishing mortality while minimizing adverse economic impacts. The number of for-hire businesses expected to be affected by the size limits is unknown; these businesses tend to employ traditional charter fishing boats with offshore capability.
        The Council considered and rejected three alternatives, including the status quo, to the proposed February 15 to March 15 prohibition of sale of gag, black grouper, and red grouper. The Council rejected the status quo because it would not reduce overfishing. Two other rejected alternatives would have prohibited sale of these species for longer periods (2 or 4 months) and would have resulted in greater adverse economic impacts. The Council rejected these alternatives based on its belief that the proposed alternative, combined with the other proposed measures, would reduce fishing mortality sufficiently to prevent overfishing while minimizing the short-term negative impacts on small entities.
        The Council considered several alternatives for the gag area closure, including proposals to close specific areas to commercial and recreational fishing during part or all of a 4-year period. The proposed alternative would prohibit recreational and commercial fishing for all species under the Council's FMPs for a 4-year period in two specific areas of the eastern Gulf where gag are known to be present. The Council requested that NMFS issue a compatible rule prohibiting fishing for highly migratory species in these two areas and establishing a marine reserve that would expire in 4 years unless, based on the effectiveness of this measure in protecting spawning aggregations and male gag, the Council and NMFS extended the measure. The Council considered and rejected four alternatives, including the status quo. Depending upon the size of the alternative reserve and the extent of fishing activity in that area, some of the rejected alternatives would have had more severe impacts on fishermen, and some would have had less severe impacts than the proposed alternative. Larger areas with extensive fishing activity would have greater adverse economic impacts but provide greater protection to spawning aggregations and male gag. To help mitigate the unavoidable negative economic impacts associated with the preferred alternative, the Council established the 4-year expiration date to ensure that the negative impacts would not continue if the objectives associated with the area closure were not being accomplished. The areas chosen for closure would provide the best cases for scientific study, would help prevent overfishing and protect spawning aggregations during the 4-year period while minimizing adverse impacts relative to some of the rejected alternatives.
        No additional reporting, record keeping, or other compliance costs were identified. No duplicative, overlapping, or conflicting Federal rules were identified.
        A copy of the IRFA is available from the Council (see ADDRESSES).

          List of Subjects in 5 0 CFR Part 622
          Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands.

          Dated: January 20, 2000.
          Andrew A. Rosenberg,
          Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

          PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
          1. The authority citation for part 622 continues to read as follows:

            Authority:
             16 U.S.C. 1801 et seq.
            2. In § 622.34, add paragraph (k), reserved by the November 2, 1999, publication (64 FR 59125) and add paragraph (o) to read as follows:

            § 622.34
            Gulf EEZ seasonal and/or area closures.

            (k) Closure of the Madison and Swanson sites and Steamboat Lumps. No person may fish within the Madison and Swanson sites or Steamboat Lumps for any species of fish except highly migratory species. This prohibition is effective through [the date 4 years after the effective date of the final rule that implements this paragraph]. For the purpose of this paragraph (k), fish means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. Highly migratory species means tuna species, marlin (Tetrapturus
              spp. and Makaira
              spp.), oceanic sharks, sailfishes (Istiophorus
              spp.), and swordfish (Xiphias
              gladius). The Madison and Swanson sites are bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                A
                29°17′
                85°50′

                B
                29°17′
                85°38′

                C
                29°06′
                85°38′

                D
                29°06′
                85°50′

                A
                29°17′
                85°50′

            Steamboat Lumps is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                A
                28°14′
                84°48′

                B
                28°14′
                84°37′

                C
                28°03′
                84°37′

                D
                28°03′
                84°48′

                A
                28°14′
                84°48′

            (o) Seasonal closure of the commercial fishery for gag, red grouper, and black grouper. From February 15 to March 15, each year, no person aboard a vessel for which a valid Federal commercial permit for Gulf reef fish has been issued may possess gag, red grouper, or black grouper in the Gulf, regardless of the area harvested. However, a person aboard a vessel for which the permit indicates both charter vessel/headboat for Gulf reef fish and commercial Gulf reef fish may continue to retain gag, red grouper, and black grouper under the bag and possession limit specified in § 622.39(b), provided the vessel is operating as a charter vessel or headboat. From February 15 until March 15, each year, the sale or purchase of gag, red grouper, or black grouper is prohibited as specified in § 622.45(c)(4).
            3. In § 622.37, paragraph (d)(2)(ii) is revised and paragraph (d)(2)(iii) is added to read as follows:

            § 622.37
            Size limits.

            (d) * * *
            (2) * * *
            (ii) Red grouper and yellowfin grouper—20 inches (50.8 cm), TL.
            (iii) Black grouper and gag—(A) For a person not subject to the bag limit specified in § 622.39(b)(1)(ii)—24 inches (61.0 cm), TL.

            (B) For a person subject to the bag limit specified in § 622.39(b)(1)(ii)—(1) Effective [30 days after the date of publication of the final rule implementing paragraph (d)(2)(iii)(B)(1) of this section] to [the date 1 year after the effective date of the final rule]—22 inches (55.9 cm), TL.
            (2) Effective from [the date 1 year after the effective date of the final rule implementing paragraph (d)(2)(iii)(B)(1) of this section] to [the date 2 years after that effective date]—23 inches (58.4 cm), TL.
            (3) Effective on and after [the date 2 years after the effective date of the final rule implementing paragraph (d)(2)(iii)(B)(1) of this section]—24 inches (61.0 cm), TL.

            4. In § 622.45, paragraph (c)(4) is added to read as follows:

            § 622.45
            Restrictions on sale/purchase.

            (c) * * *
            (4) From February 15 until March 15, each year, no person may sell or purchase a gag, black grouper, or red grouper harvested from the Gulf EEZ. This prohibition on sale/purchase does not apply to gag, black grouper, or red grouper that were harvested, landed ashore, and sold prior to February 15 and were held in cold storage by a dealer or processor.

      [FR Doc. 00-1808 Filed 1-21-00; 3:56 pm]
      BILLING CODE 3510-22-F