[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Proposed Rules]
[Pages 12746-12747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4972]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 60, 63, 70, 123, 142, 145, 162, 233, 257, 258,
271, 281, 403, 501, 745 and 763
[FRL-6949-6]
RIN 2025-AA10
Public Information: Advanced Notice of Proposed Rulemaking on
Electronic Reporting and Recordkeeping and Delayed Effective Date of
Recordkeeping Provisions in the Electronic Signatures in Global and
National Commerce Act of 2000
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: EPA announces its intent to develop a rule to establish
performance standards to assure accuracy, record integrity, and
accessibility of electronic reports and records applying generally to
all recordkeeping requirements contained in Chapter I of Title 40 of
the Code of Federal Regulations. This action delays until June 1, 2001
the effective date of certain provisions in the Electronic Signatures
in Global and National Commerce Act of 2000 that may affect certain
federal environmental recordkeeping requirements.
DATES: In order to be considered, comments on this ANPRM must be
received on or before March 30, 2001.
[[Page 12747]]
Please direct all correspondence to the addresses shown below.
ADDRESSES: Written comments should be submitted in triplicate to the
United States Environmental Protection Agency, Enforcement and
Compliance Docket and Information Center (Mail Code 2201A), Docket
Number EC-2000-007 (Attn: E-SIGN ANPRM), 1200 Pennsylvania Avenue NW,
Washington, DC, 20460. No facsimiles (faxes) will be accepted.
Comments in an electronic format should also reference docket
number EC-2000-07, (Attn: E-SIGN ANPRM), and should be addressed to the
following Internet address: [email protected]. Electronic comments
must be submitted as an ASCII, WordPerfect 5.1/6.1/8 format file and
avoid the use of special characters or any form of encryption.
FOR FURTHER INFORMATION CONTACT: David Schwarz (2823), Office of
Environmental Information, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460, (202) 260-2710,
[email protected], or Evi Huffer (2823), Office of Environmental
Information, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC, 20460, (202) 260-8791, [email protected].
SUPPLEMENTARY INFORMATION: The Electronic Signatures in Global and
National Commerce Act of 2000, 15 U.S.C. 7001 to 7031 (hereinafter ``E-
Sign''), enacted on June 30, 2000, provides that, with respect to any
transaction in or affecting interstate commerce, no contract,
signature, or record relating to such a transaction shall be denied
legal effect solely because it is in electronic form. Similarly, E-Sign
provides that such a document may not be denied legal effect solely
because an electronic signature or record was used in its formation.
Under E-Sign, terms of existing statutes or agency rules containing
paper-based requirements that might otherwise deny effect to electronic
signatures and records in consumer, commercial or business transactions
between two or more parties are superseded. While E-Sign does not
generally affect reporting under federal regulations or records of
those reports, E-Sign does potentially supersede a requirement that a
record be kept on paper if that record is not retained principally for
governmental purposes, but is maintained primarily for consumer,
commercial or business purposes. E-Sign does, however, preserve the
authority of federal and State agencies to set technology-neutral
standards and formats for the retention of any such electronic records.
Today, EPA announces its intent to develop rules governing the use
of electronic records to satisfy any recordkeeping requirements
contained in Chapter I of Title 40 of the Code of Federal Regulations,
including any recordkeeping requirements potentially affected by E-
Sign. With respect to record retention requirements imposed by federal
statute, regulation, or other rule of law, E-Sign takes effect on March
1, 2001 unless a federal regulatory agency has announced, proposed, or
initiated, but not completed, rulemaking to establish performance
standards to assure accuracy, record integrity, and accessibility of
electronic reports and records. If a federal agency announces,
proposes, or initiates such a rulemaking on or before March 1, 2001,
the effective date of E-Sign is delayed until June 1, 2001, with
respect to such records. Today's ANPRM announces EPA's intent to
develop a rule applying generally to all recordkeeping requirements
contained in Chapter I of Title 40 of the Code of Federal Regulations
and, accordingly, to the extent E-Sign affects any such requirement, E-
Sign will take effect on June 1, 2001, instead of March 1, 2001.
In order to satisfy the mandates of the Government Paperwork
Elimination Act (GPEA) of 1998, public law 105-277, http://ec.fed.gove/gpedoc.htm, EPA is currently developing the Cross-Media Electronic
Reporting and Recordkeeping Rule (CROMERRR). This rule would govern the
use of electronic records and recordkeeping to satisfy any reporting or
recordkeeping requirement contained in Chapter I of Title 40 of the
Code of Federal Regulations. EPA may also choose to develop a rule in
addition to CROMERRR that would apply to the subset of those
recordkeeping requirements that are affected by E-Sign. Such a rule
would establish interim performance standards to assure accuracy,
record integrity, and accessibility of this smaller universe of
electronic records until EPA is able to finalize the CROMERR rule of
general applicability. EPA solicits comment on whether it should
develop such an interim rule. EPA also solicits comment on what class
or classes of records should be subject to any such interim rule.
Dated: February 23, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-4972 Filed 2-27-01; 8:45 am]
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