[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Notices]
[Pages 39978-39979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14635]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0104; FRL-7182-7]


Industrial Economics Inc.; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that pesticide related information 
submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the 
Federal Food, Drug, and Cosmetic Act (FFDCA), including

[[Page 39979]]

information that may have been claimed as Confidential Business 
Information (CBI) by the submitter, will be transferred to Industrial 
Economics Inc. in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). 
Industrial Economics Inc. has been awarded multiple contracts to 
perform work for OPP, and access to this information will enable 
Industrial Economics Inc. to fulfill the obligations of the contract.

DATES: Industrial Economics Inc. will be given access to this 
information on or before June 17, 2002.

FOR FURTHER INFORMATION CONTACT: By mail: Erik R. Johnson, FIFRA 
Security Officer, Information Resources and Services Division (7502C), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 
305-7248; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action applies to the public in general. As such, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

     You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. To access this 
document, on the Home Page select ``Laws and Regulations,'' 
``Regulations and Proposed Rules,'' and then look up the entry for this 
document under the ``Federal Register--Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.

II. Contractor Requirements

     Under contract number GS-10F-0224J, the contractor will perform 
the following:
     EPA's Office of Enforcement and Compliance Assurance (OECA) is 
responsible for providing assistance to enforcement professionals from 
EPA and the States in determining: (1) A violator's economic benefit of 
noncompliance; (2) the violator's ability to pay for compliance, clean-
ups and civil penalties (hereinafter referred to as ``ability to 
pay''); (3) the value of a supplemental environmental project (SEP); 
and (4) the value of compliance. This assistance is largely provided 
through five current computer models: Ben, Abel, Indipay, Munipay and 
Project. Ben calculates a violator's economic savings from violating 
the law. Abel, Indipay, and Munipay evaluate claims of inability to pay 
from for-profit entities, individuals and municipalities, respectively. 
Project calculates the net-present, after-tax value of a proposed 
supplemental environmental project.
     OECA also provides support in these areas through the use of 
expert financial consultants where the models are insufficient. OECA 
must keep its models up to date, provide educational programs to ensure 
proper application of the models, support negotiations, trials and 
hearings, and provide advice to our enforcement professionals as to 
issues that arise in using the models.
     Since there are very few corporate finance, municipal finance, or 
accounting experts within OECA, the contractor shall provide that 
expertise and update the models, develop new models as appropriate and 
educate enforcement staff on the models. The contractor shall also 
provide expert advice to enforcement personnel regarding financial 
issues that impact enforcement litigation, and when directed, support 
enforcement negotiations, and appear as expert witnesses in hearings 
and trials. However, EPA employees will make all policy decisions in 
regard to finance/accounting issues.
     To the extent that the work under this contract requires access to 
proprietary or confidential business or financial data of other 
companies, and as long as, such data remains proprietary or 
confidential, the contractor shall protect such data from unauthorized 
use and disclosure.
     All files or other information identified as CBI shall be treated 
as confidential and kept in a secure area with access limited to only 
contractor personnel directly involved in the case or special project 
assignment. The contractor, subcontractor, and consultant personnel are 
bound by the requirements and sanctions contained in their contracts 
with EPA and in EPA's confidentiality regulations found at 40 CFR part 
2, subpart B. The contractor, subcontractors, and consultant must 
adhere to EPA-approved security plans which describe procedures to 
protect CBI, and are required to sign non-disclosure agreements before 
gaining access to CBI.
     All official data, findings, and results of investigations and 
studies completed by the contractor shall be available for EPA and 
Department of Justice internal use only. The contractor shall not 
release any part of such data without the written direction of the 
project officer.
     This contract involves no subcontractors.
     OPP has determined that the contracts described in this document 
involve work that is being conducted in connection with FIFRA, in that 
pesticide chemicals will be the subject of certain evaluations to be 
made under this contract. These evaluations may be used in subsequent 
regulatory decisions under FIFRA.
     Some of this information may be entitled to confidential 
treatment. The information has been submitted to EPA under sections 3, 
4, 6, and 7 of FIFRA and under sections 408 and 409 of FFDCA.
     In accordance with the requirements of 40 CFR 2.307(h)(3), the 
contract with Industrial Economics Inc., prohibits use of the 
information for any purpose not specified in these contracts; prohibits 
disclosure of the information to a third party without prior written 
approval from the Agency; and requires that each official and employee 
of the contractor sign an agreement to protect the information from 
unauthorized release and to handle it in accordance with the FIFRA 
Information Security Manual. In addition, Industrial Economics Inc. is 
required to submit for EPA approval a security plan under which any CBI 
will be secured and protected against unauthorized release or 
compromise. No information will be provided to Industrial Economics 
Inc. until the requirements in this document have been fully satisfied. 
Records of information provided to Industrial Economics Inc. will be 
maintained by EPA Project Officers for these contracts. All information 
supplied to Industrial Economics Inc. by EPA for use in connection with 
these contracts will be returned to EPA when Industrial Economics Inc. 
has completed its work.

List of Subjects

     Environmental protection, Business and industry, Government 
contracts, Government property, Security measures.

    Dated: June 3, 2002.
Linda Vlier Moos,
Acting Director, Information Resources and Services Division, Office of 
Pesticide Programs.
[FR Doc. 02-14635 Filed 6-10-02; 8:45 am]
BILLING CODE 6560-50-S