Federal Acquisition and Community Right-to-know (Sections affected - FAR Subpart 23.9, 52.223-13, and 52.223-14)

Forms and Documents

Document Name	Status
Justification_0139.doc Supporting Statement A	2009-04-01

IC Document Collections

IC ID	Document Title	Status
36685	Federal Acquisition and Community Right-to-Know (Sections affected - FAR Subpart 23.9, 52.223-13, and 52.223-14)	Modified

ICR Details

OMB Control No: 9000-0139	ICR Reference No: 200902-9000-001
Status: Historical Active	Previous ICR Reference No: 200511-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Federal Acquisition and Community Right-to-know (Sections affected - FAR Subpart 23.9, 52.223-13, and 52.223-14)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/05/2009
	Date Received in OIRA: 04/01/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2012	36 Months From Approved	06/30/2009
Responses	167,487	0	167,487
Time Burden (Hours)	83,744	0	58,621
Cost Burden (Dollars)	0	0	0

---

Abstract: FAR Subpart 23.9 and its associated solicitation provision and contract clause implement the requirements of E.O. 13148 of April 21, 2000, published in the Federal Register at 65 FR 24595, April 26, 2000. “Greening the Government through Leadership in Environmental Management.” The FAR coverage requires offerors, except for acquisitions of commercial items as defined in FAR Part 2, in competitive acquisitions over $100,000 (including options) and competitive 8(a) contracts, to certify that they will comply with applicable toxic chemical release reporting requirements of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109).

---

Authorizing Statute(s): None

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 56561	09/29/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 8234	02/24/2009
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Federal Acquisition and Community Right-to-Know (Sections affected - FAR Subpart 23.9, 52.223-13, and 52.223-14)

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	167,487	167,487	0	0	0	0
Annual Time Burden (Hours)	83,744	58,621	0	25,123	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The implementation of Executive Order (E.O.) 13148 of April 21, 2000, Greening the Government through Leadership in Environmental Management, increased the estimated burden for FAR Clauses 52.223-13 and 52.223-14. FAR Case 2000-005 updated the clauses. The updates resulted in the contractor checking additional information before certifying any exemptions from filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106).

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/22/2009

---