[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Proposed Rules]
[Pages 55126-55127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27311]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1535 and 1552

[FRL-5639-4]


Acquisition Regulation: Removal of Certification Requirements 
Regarding Collection, Use, Access, Treatment, and Disclosure of 
Confidential Business Information (CBI)

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
amend the Environmental Protection Agency Acquisition Regulation 
(EPAAR) (48 CFR Chapter 15) by removing certification requirements 
regarding the collection, use, access, treatment, and disclosure of 
confidential business information (CBI) not specifically imposed by 
statute, and to amend CBI clauses to remove such certification 
requirements.

DATE: Written comments on this proposed rule must be received on or 
before December 23, 1996.

ADDRESSES: Comments should be addressed to the Environmental Protection 
Agency, 401 M Street, S.W., Washington, D.C. 20460, attn: Paul Schaffer 
(Mail Code 3802F). Comments may also be transmitted electronically by 
electronic mail (e-mail) to Schaffer.paul @ epamail.epa.gov. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments will also be accepted 
on disk in Wordperfect in 6.1 file format or ASCII file format. 
Electronic comments on the proposed rule may be filed online at many 
Federal Deposit Libraries.

FOR FURTHER INFORMATION CONTACT: Paul Schaffer at (202) 260-9032.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 4301(b) of the National Defense Authorization Act for 
Fiscal Year 1996 (Pub. L. 104-106) requires agencies to remove all non-
statutory certifications from their acquisition regulation, unless the 
head of the agency approves a justification for the retention of a 
certification requirement. The basis for the justification must be that 
there is no less burdensome means for administering and enforcing the 
certification requirement.
    The Senior Procurement Official has provided the Administrator of 
EPA a determination, which the Administrator has approved, that there 
is no less burdensome means for administering and enforcing protections 
for EPA from organizational conflicts of interests than by 
certification. The following conflict of interest certifications are 
therefore not affected by this rule:

48 CFR 1552.209-72  Organizational Conflicts of Interest Certification.
48 CFR 1552.210-80  Annual Certification.
48 CFR 1552.212-71  Work Assignments.

    A copy of the determination approved by the EPA Administrator for 
retention of the conflict of interest certifications listed above may 
be obtained from the contact point listed in this rule.
    An analysis of the certifications for 48 CFR 1552.235-72 (Control 
and Security of Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) Confidential Business Information), and 48 CFR 1552.235-74, 
(Control and Security of Toxic Substances Control Act (TSCA) 
Confidential Business Information) revealed these certifications can be 
removed. Existing FIFRA and TSCA CBI clauses will be amended to mandate 
that prior to receipt of FIFRA CBI and TSCA CBI by the Contractor, the 
Contractor will ensure that their employees have read and are familiar 
with the handling, control, and data security requirements without the 
need for a certification.

B. Executive Order 12866

    This is not a significant regulatory action for the purposes of 
Executive Order 12866; therefore, no review was required by the Office 
of Information and Regulatory Affairs.

C. Paperwork Reduction Act

    The Paperwork Reduction Act did not apply because this rule does 
not contain information collection requirements that require the 
approval of OMB under the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.).

D. Regulatory Flexibility Act

    The EPA certifies that this rule does not exert a significant 
economic impact on a substantial number of small entities. This rule 
imposes no reporting, record-keeping, or any compliance costs for any 
entity, whether large or small.

E. Unfunded Mandates

    This rule will not impose unfunded mandates on state or local 
entities, or others.

List of Subjects in 48 CFR Parts 1535 and 1552

    Government procurement.

    Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth 
below:
    1. The authority citation for Parts 1535 and 1552 continues to read 
as follows:

    Authority: Sec. 205(c), 63 stat. 390, as amended, 40 U.S.C. 
486(c).

    2. Section 1535.007 is revised to read as follows:


1535.007  Solicitations.

    (a) Contracting Officers shall insert 48 CFR 1552.235-73, Access to 
Federal Insecticide, Fungicide, and Rodenticide Act Confidential 
Business Information, in all solicitations when the Contracting Officer 
has determined that EPA may furnish the contractor with confidential 
business information which EPA had obtained from third parties under 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 
et seq.).
    (b) Contracting Officers shall insert 48 CFR 1552.235-75, Access to 
Toxic Substances Control Act Confidential Business Information, in all 
solicitations when the Contracting Officer has determined that EPA may 
furnish the contractor with confidential business information which EPA 
had obtained from third parties under the Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.).
    3. Sections 1552.235-72 and 1552.235-74 are removed and reserved.
    4. Section 1552.235-77 is amended by revising the heading and 
paragraph (a)(3) to read as follows:


1552.235-77  Data Security for Federal Insecticide, Fungicide and 
Rodenticide Act Confidential Business Information (Sept. 1966)

    (a) * * *
    (3) Prior to receipt of FIFRA CBI by the Contractor, the Contractor 
shall ensure that all employees who will be cleared for access to FIFRA 
CBI have been briefed on the handling, control, and security 
requirements set forth in the FIFRA Information Security Manual.
* * * * *

[[Page 55127]]

    5. Section 1552.235-78 is amended by revising the heading and 
paragraph (a)(1) to read as follows:


1552.235-78  Data Security for Toxic Substances Control Act 
Confidential Business Information (Sept. 1966)

    (a) * * *

    (1) The Contractor and Contractor's employees shall follow the 
security procedures set forth in the TSCA CBI Security Manual. The 
manual may be obtained from the Director, Information Management 
Division (IMD), Office of Pollution Prevention and Toxics (OPPT), U.S. 
Environmental Protection Agency (EPA), 401 M Street, SW, Washington, DC 
20460. Prior to receipt of TSCA CBI by the Contractor, the Contractor 
shall ensure that all employees who will be cleared for access to TSCA 
CBI have been briefed on the handling, control, and security 
requirements set forth in the TSCA CBI Security Manual.
* * * * *
    Dated: October 8, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-27311 Filed 10-23-96; 8:45 am]
BILLING CODE 6560-50-P