Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 14587 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission; 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 16, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 20, 2010. 

James B. Martin, 

Regional Administrator, Region 8. 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart BB—Montana 

■ 2. Section 52.1370 is amended by 

adding and reserving paragraphs (c)(69) 

and (c)(70), and by adding paragraph 

(c)(71) to read as follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

(71) The Governor of Montana 

submitted revisions, reordering and 

renumbering to the Libby County Air 

Pollution Control Program in a letter 

dated June 26, 2006. The revised 

Lincoln County regulations focus on 

woodstove emissions, road dust, and 

outdoor burning emissions. 

(i) Incorporation by reference. 

(A) Before the Board of Environmental 

Review of the State of Montana order 

issued on March 23, 2006, by the 

Montana Board of Environmental 

Review approving amendments to the 

Libby Air Pollution Control Program. 

(B) Libby City Council Resolution No. 

1660 signed February 27, 2006 and 

Lincoln County Board of Commissioners 

Resolution No. 725 signed February 27, 

2006, adopting revisions, reordering and 

renumbering to the Lincoln County Air 

Pollution Control Program, Health and 

Environment Regulations, Chapter 

1—Control on Air Pollution, Subchapter 

1—General Provisions; Subchapter 

2—Solid Fuel Burning Device 

Regulations; Subchapter 3—Dust 

Control Regulations; Subchapter 4— 

Outdoor Burning Regulations; as revised 

on February 27, 2006. 

(ii) Additional Material. 

(A) Stipulation signed October 7, 

1991, between the Montana Department 

of Health and Environmental Sciences 

(MDHES), the County of Lincoln and the 

City of Libby, which delineates 

responsibilities and authorities between 

the MDHES, Lincoln County and Libby. 

[FR Doc. 2011–5969 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217 and 241 

RIN 0750–AG48 

Defense Federal Acquisition 

Regulation Supplement; Multiyear 

Contract Authority for Electricity From 

Renewable Energy Sources (DFARS 

Case 2008–D006) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, the interim rule 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
14588 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 828 of 

the National Defense Authorization Act 

for Fiscal Year 2008. 

DATES: Effective Date: March 17, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 75 

FR 34942 on June 21, 2010, to amend 

DFARS parts 217 and 241 to authorize 

the Department of Defense to enter into 

a contract for a period not to exceed 10 

years for the purchase of electricity from 

sources of renewable energy, as that 

term is defined in section 203(b)(2) of 

the Energy Policy Act of 2005 (42 U.S.C. 

15852(b)(2)). Section 828 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2008 (Pub. L. 110–181) 

authorizes DoD to enter into a contract 

for a period in excess of five years only 

if the head of the contracting activity 

determined, on the basis of a business 

case analysis prepared by DoD, that— 

(1) The proposed purchase of 

electricity under such contract is cost 

effective; and 

(2) It would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 

five years. 

II. Executive Order 12866 

This rule is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

Executive Order 12866, Regulatory 

Planning and Review, dated September 

30, 1993. This rule is not a major rule 

under 5 U.S.C. 804. 

III. Executive Order 13563 

In accordance with Executive Order 

13563, Improving Regulation and 

Regulatory Review, dated January 18, 

2011, DoD has determined that this rule 

is not excessively burdensome to the 

public, and is consistent with DoD’s 

intent to purchase electricity from 

sources of renewable energy in the most 

cost-effective manner. 

IV. Regulatory Flexibility Act 

This final rule is not expected to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because there are a very limited number 

of small businesses engaged in the sale 

of energy-related services, to include the 

sale of renewable energy. The market for 

renewable fuels is highly volatile and is 

less predictable than other fuel markets. 

Renewable-energy and alternative-fuel 

projects are capital-intensive 

investments and involve the 

construction of production facilities, 

which limits small-entity participation. 

Although no significant economic 

impact on small business is anticipated, 

DoD has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. A copy of the analysis is 

summarized below and may be obtained 

from the point of contact specified 

herein. The analysis is summarized as 

follows: 

The objective of this rule is to 

implement section 828 of the NDAA for 

FY 2008. Section 828 authorized the 

Department of Defense (DoD) to enter 

into a contract for a period not to exceed 

10 years for the purchase of electricity 

from sources of renewable energy, as 

that term is defined in section 

203(b)(2)of the Energy Policy Act of 

2005 (42 U.S.C. 15852(b)(2)). This final 

rule establishes the conditions under 

which the head of the contracting 

activity may enter into a contract for the 

purchase of renewable energy not to 

exceed 10 years. Section 828 allows 

DoD to award a contract for a period in 

excess of five years: (1) Only after a 

determination of the cost effectiveness 

of the proposed purchase has been made 

based upon a business case analysis, 

and (2) if it would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 

five years. 

This final rule will apply to DoD 

contractors engaged in the sale of 

energy-related services to include the 

sale of renewable energy. 

This rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD considers the approach described 

in the interim rule published at 75 FR 

34942 on June 21, 2010, to be the most 

practical and beneficial for both 

Government and industry. 

DoD invited comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. No comments 

were received. 

V. Paperwork Reduction Act 

This rule does not impose additional 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 217 and 

241 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR parts 217 and 241, 

which was published at 75 FR 34942 on 

June 21, 2010, is adopted as a final rule 

without change. 

[FR Doc. 2011–6233 Filed 3–16–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AH17 

Defense Federal Acquisition 

Regulation Supplement; 

Nonavailability Exception for 

Procurement of Hand or Measuring 

Tools (DFARS Case 2011–D025) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

to implement section 847 of the 

National Defense Authorization Act for 

Fiscal Year 2011. Section 847 provides 

a nonavailability exception to the 

requirement at 10 U.S.C. 2533a (Berry 

Amendment) to acquire only domestic 

hand or measuring tools. 

DATES: Effective date: March 17, 2011. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before May 16, 2011, to be considered 

in the formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D025, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2011–D025’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D025.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D025’’ on your 

attached document. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1