[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