Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4801 

State citation Title/subject 

State 

effective 

date 

EPA approval date and citation 1 Explanations 

74:09:01 Contested Case Procedure 

74:09:01:20 .................................. Board member conflict of interest 5/29/2014 1/29/2015, [insert Federal Register citation].

74:09:01:21 .................................. Board member potential conflicts 

of interests.

5/29/2014 1/29/2015, [insert Federal Register citation].

* * * * * * * 

74:36:09 Prevention of Significant Deterioration 

*******

74:36:09:02 .................................. Prevention of significant deterioration.6/25/2013 1/29/2015, [insert Federal Register citation].

74:36:09:03 .................................. Public participation ...................... 6/25/2013 1/29/2015, [insert Federal Register citation].

*******

1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. 

* * * * * (e) * * * 

Name of nonregulatory 

SIP provision 

Applicable geographic 

or non-attainment 

area 

State submittal date/

adopted date 

EPA approval date 

and citation 5 Explanations 

*******

XIV. Section 110(a)(2) 

Infrastructure Requirements for the 

1997 and 2006 

PM2.5 NAAQS.

Statewide ................... Submitted: 5/20/2008 

and 03/04/2011.

1/29/2015, [insert 

Federal Register 

citation].

XV. Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead NAAQS.

Statewide ................... Submitted: 10/10/2012 1/29/2015, [insert 

Federal Register 

citation].

XVI. Section 110(a)(2) 

Infrastructure Requirements for the 

2008 8-hour Ozone 

NAAQS.

Statewide ................... Submitted: 5/21/13 .... 1/29/2015, [insert 

Federal Register 

citation].

Excluding 110(D)(i)(I), interstate transport for 

the 2008 Ozone NAAQS which will be 

acted on separately. 

XVII. Section 110(a)(2) 

Infrastructure Requirements for the 

2010 NO2 NAAQS.

Statewide ................... Submitted: 10/23/13 .. 1/29/2015, [insert 

Federal Register 

citation].

XVIII. SDCL (South 

Dakota Codified 

Laws), 1–40–25.1.

Statewide ................... Submitted: 6/11/2014 1/29/2015, [insert 

Federal Register 

citation].

Source: SL 1995, ch 318 (Ex. Ord. 95–2), 

§ 15. 

5 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in the column for the particular provision. 

[FR Doc. 2015–01613 Filed 1–28–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket Number CDC–2015–0004; NIOSH– 

280] 

RIN 0920–AA60 

Closed-Circuit Escape Respirators; 

Extension of Transition Period 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Interim final rule. 

SUMMARY: In March 2012, the 

Department of Health and Human 

Services (HHS) published a final rule 

establishing new standards for the 

certification of closed-circuit escape 

respirators (CCERs) by the National 

Institute for Occupational Safety and 

Health (NIOSH) within the Centers for 

Disease Control and Prevention (CDC). 

The new standards were designed to 

take effect over a 3-year transition 

period. HHS has determined that 


tkelley on DSK3SPTVN1PROD with RULES
4802 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

extending the concluding date for the 

transition is necessary to allow 

sufficient time for respirator 

manufacturers to meet the demands of 

the mining, maritime, railroad, and 

other industries. Pursuant to this 

interim final rule, NIOSH will extend 

the phase-in period until 6 months after 

the date that the first approval is granted 

to certain CCER models. 

DATES: This rule is effective on January 

29, 2015. Comments must be received 

by March 30, 2015. 

ADDRESSES: You may submit comments, 

identified by ‘‘RIN 0920–AA60,’’ by any 

of the following methods: 

• Internet: Access the Federal erulemaking portal at http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: NIOSH Docket Office, 1090 

Tusculum Avenue, MS C–34, 

Cincinnati, OH 45226–1998. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulation Identifier 

Number (RIN) for this rulemaking. All 

relevant comments will be posted 

without change to http://

www.regulations.gov including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Weiss, Program Analyst; 1090 

Tusculum Ave., MS: C–46, Cincinnati, 

OH 45226; telephone (855) 818–1629 

(this is a toll-free number); email 

NIOSHregs@cdc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

II. Background 

A. History of Rulemaking 

B. Need for Rulemaking 

C. Scope 

III. Issuance of an Interim Final Rule With 

Immediate Effective Date 

IV. Summary of Interim Final Rule 

V. Regulatory Assessment Requirements 

A. Executive Orders 12866 and 13563 

B. Regulatory Flexibility Act 

C. Paperwork Reduction Act 

D. Small Business Regulatory Enforcement 

Fairness Act 

E. Unfunded Mandates Reform Act of 1995 

F. Executive Order 12988 (Civil Justice) 

G. Executive Order 13132 (Federalism) 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risks and Safety Risks) 

I. Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

J. Plain Writing Act of 2010 

Interim Final Rule 

I. Public Participation 

Interested persons or organizations 

are invited to participate in this 

rulemaking by submitting written views, 

arguments, recommendations, and data. 

Comments are invited on any topic 

related to this rulemaking. HHS invites 

comments specifically on the following 

question related to this rulemaking: 

1. Will a compliance date 6 months 

after the date that the first approval is 

granted in each of three categories of 

CCER types provide sufficient time for 

respirator manufacturers to develop 

production capacity to meet expected 

market demand, while not causing 

undue loss of sales revenue that may be 

expected from achieving the first 

successful design for the given size? 

II. Background 

A. History of Rulemaking 

Under 42 CFR part 84—Approval of 

Respiratory Protective Devices, NIOSH 

approves respirators used by workers in 

mines and other workplaces for 

protection against hazardous 

atmospheres. The Mine Safety and 

Health Administration (MSHA) and the 

Occupational Safety and Health 

Administration (OSHA) require U.S. 

employers to supply NIOSH-approved 

respirators to their employees whenever 

the employer requires the use of 

respirators. 

A closed-circuit escape respirator 

(CCER) is an apparatus in which the 

wearer’s exhalation is rebreathed after 

the carbon dioxide in the exhaled breath 

has been effectively removed and a 

suitable oxygen supply has been 

restored from sources composed of 

compressed, chemical, or liquid oxygen. 

CCERs are used in certain industrial and 

other work settings during emergencies 

to enable users to escape from 

atmospheres that can be immediately 

dangerous to life and health. The CCER, 

known in the mining industry as a selfcontained self-rescuer, is used by 

miners to escape dangerous 

atmospheres in mines. It is also used by 

certain Navy and Coast Guard 

personnel, such as crews working below 

decks on vessels, where it is referred to 

as an emergency escape breathing 

device, and in the railroad industry, 

where it is known as an emergency 

escape breathing apparatus. To a lesser 

extent, it is also used by other workers 

who work underground or in confined 

spaces, such as in tunneling operations 

in the construction industry. 

Standards for the certification of 

CCERs were updated in a 2012 final 

rule, in which HHS codified a new 

Subpart O and removed only those 

technical requirements in 42 CFR part 

84—Subpart H that were uniquely 

applicable to CCERs. All other 

applicable requirements of 42 CFR part 

84 were unchanged. The purpose of 

these updated requirements is to enable 

NIOSH and MSHA to more effectively 

ensure the performance, reliability, and 

safety of CCERs. 

The effective date for the new 

standards in Subpart O was April 9, 

2012. Beginning on that date, any new 

application for a certification of 

approval for a CCER would be required 

to meet the new standards in Subpart O. 

Manufacturers were allowed to continue 

to manufacture, label, and sell 

respirators certified to the prior Subpart 

H standard until April 9, 2015. 

B. Need for Rulemaking 

HHS has determined that extending 

the concluding date for the transition is 

necessary to allow sufficient time for 

respirator manufacturers to meet the 

demands of the mining, maritime, 

railroad, and other industries. NIOSH 

has found that respirator manufacturers 

that have submitted applications under 

the Subpart O standards have not been 

successful in meeting those standards 

and obtaining approval of any largecapacity CCERs. While one 

manufacturer recently received NIOSH 

approval for a small-capacity nonmining respirator, large-capacity units 

designed for underground coal mining 

and other industries are not likely to 

receive NIOSH approval before the 

April 9, 2015 deadline. Mining industry 

and maritime stakeholders have 

expressed concern that an adequate 

number of new CCERs will not be 

available for purchase by April 2015, 

when the grandfather clause is set to 

expire, leaving miners, sailors, and 

other workers with insufficient 

protection. 

C. Scope 

Pursuant to this interim final rule, 

which amends 42 CFR 84.301, NIOSH 

will extend the deadline for Subpart O 

compliance until 6 months after the date 

on which NIOSH approves the first 

CCER in each of the following three 

categories, described in 42 CFR 84.304: 

Cap 1 mining, Cap 3 mining, and Cap 

3 non-mining. 

CCER Cap 1 non-mining and Cap 2 

mining and non-mining categories are 

not included in this rulemaking. 

Approval TC–13G–0001 was issued to 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4803 

Avon Protection Systems, Inc. on July 

24, 2014 for its ER–2 emergency escape 

breathing device (EEBD). The ER–2 

EEBD is certified by NIOSH as a Cap 1, 

20-liter, CCER for use in non-mining 

applications. The current deadline for 

compliance (April 9, 2015) already 

provides for more than a 6-month 

period for the issuance of additional 

approvals for respirators in this 

category. Therefore, NIOSH has 

determined no further extension of the 

existing April 9, 2015 deadline is 

required for the Cap 1 non-mining 

category. The Cap 2 mining and nonmining categories are not included in 

this rulemaking because NIOSH never 

approved any respirators under the 

former Subpart H requirements that 

would be classified within either of 

these two categories. 

III. Issuance of an Interim Final Rule 

With Immediate Effective Date 

Rulemaking under the Administrative 

Procedure Act (APA) generally requires 

a public notice and comment period and 

consideration of the submitted 

comments prior to promulgation of a 

final rule (5 U.S.C. 553). However, the 

APA provides for exceptions to its 

notice and comment procedures when 

an agency finds that there is good cause 

for dispensing with such procedures on 

the basis that they are impracticable, 

unnecessary, or contrary to the public 

interest. In accordance with the 

provisions in 5 U.S.C. 553(b)(3)(B), HHS 

finds good cause to waive the use of 

prior notice and comment procedures 

for this IFR and to make this action 

effective immediately. 

This IFR amends 42 CFR 84.301 to 

extend the concluding date for the 

Subpart O transition to allow sufficient 

time for respirator manufacturers to 

meet the supply demands of the mining, 

maritime, railroad, and other industries. 

Pursuant to this interim final rule, 

NIOSH will extend the deadline for 

Subpart O compliance until 6 months 

after the date on which NIOSH approves 

the first CCER in each of three 

categories. HHS has determined that it 

is impracticable to use prior notice and 

comment procedures for this IFR 

because the transition period will end 

on April 9, 2015, and respirator 

manufacturers must have sufficient 

notice that they may be granted an 

extension. Thus, HHS is waiving the 

prior notice and comment procedures in 

the interest of protecting the health of 

coal miners and workers in other 

industries that use CCERs by offering 

extensions to manufacturers to ensure 

that the supply of new CCERs will not 

be depleted after April 9, 2015. 

Stakeholders were given an 

opportunity to comment on the CCER 

notice of proposed rulemaking, 

published on December 10, 2008 (73 FR 

75027), in which HHS proposed that all 

CCERs submitted to NIOSH for approval 

on or after the effective date would 

adhere to the new standards; all CCERs 

sold after 3 years would adhere to the 

new standards; and all certificates of 

approval under the former standard 

would be rescinded at 6 years. In 

response to stakeholder comments, HHS 

determined that the products certified 

under the former standard could remain 

in service through the service time 

indicated by the manufacturer 

(typically, 10–15 years), rather than 

those approvals being rescinded at 6 

years, and that retaining the 3-year 

transition period would address the 

needs of workplace managers to have a 

sufficient supply of CCERs while 

ostensibly giving respirator 

manufacturers sufficient time to develop 

new products in accordance with the 

new standards. With the April 9, 2015 

deadline approaching, manufacturers 

and other stakeholders have expressed 

concerns that no new products certified 

to the Subpart O requirements have yet 

become available. During a NIOSH 

status update at a MSHA meeting held 

on June 19, 2014, participating 

stakeholders were given an additional 

opportunity to provide input to NIOSH 

and MSHA, where they expressed 

concern about the manufacturers’ 

inability to submit respirators to NIOSH 

for approval prior to the concluding 

date of the transition period. A majority 

of manufacturers who have offered 

input to NIOSH indicate that they will 

not be able to build enough capacity of 

units submitted under Subpart O to 

meet market demands prior to the April 

9, 2015 deadline. 

Under 5 U.S.C. 553(d)(3), HHS finds 

good cause to make this IFR effective 

immediately. As stated above, in order 

to protect the health of coal miners and 

workers in other industries, it is 

necessary that HHS act quickly to 

amend 42 CFR 84.301 to allow NIOSH 

to offer transition period concluding 

date extensions on a case-by-case basis. 

While amendments to 42 CFR 84.301 

are effective on the date of publication 

of this IFR, they are interim and will be 

finalized following the receipt and 

consideration of any substantive public 

comments. (See Section I. Public 

Participation, above.) 

IV. Summary of Interim Final Rule 

This interim final rule amends 42 CFR 

84.301 to allow NIOSH to extend the 

original 3-year period for continued 

manufacturing, labeling, and sale of 

CCERs approved under Subpart H to 

allow for the orderly implementation of 

the new testing and certification 

requirements of Subpart O. This 

provision allows NIOSH to extend the 

original transition period to allow 

manufacturers to obtain NIOSH 

certification, establish production 

capacity, and complete the modification 

of existing CCER designs, if necessary, 

or develop entirely new designs that 

respond to the new testing and 

certification requirements. An extension 

also ensures that a constant supply of 

approved CCERs will remain available 

for purchase. The new Subpart O 

standards will continue to be applied to 

all new CCER designs that are submitted 

for approval. 

Paragraph (a) of this section is new, 

and authorizes the continued 

manufacturing, labeling, and selling of 

CCERs approved under the former 

standards in Subpart H until either 

April 9, 2015 or 6 months after the date 

that NIOSH first approves a CCER 

model under the capacity rating 

categories Cap 1 (for mining 

applications) and Cap 3 (mining and 

non-mining) described in 42 CFR 

84.304, whichever date comes later. In 

particular, the compliance deadline may 

be extended for only those types of 

CCER that are currently approved under 

the former standards in Subpart H: 20- 

minute non-mining units and 10-minute 

and 1-hour units approved for mining 

pursuant to 42 CFR 84.100. As 

discussed in the final rule published on 

March 8, 2012, 10-minute units are 

considered comparable to Cap 1 

devices, and 1-hour units are 

comparable to Cap 3 devices (77 FR 

14168). 

A new paragraph (b) clarifies that any 

non-major modifications to those 

approved devices must continue to meet 

the prior Subpart H standards. CCERs 

with major modifications that will result 

in a new NIOSH approval must conform 

to the new Subpart O standards. 

Paragraph (c) of this section is 

unchanged from the current 

requirement that Subpart O applies to 

all CCERs submitted to NIOSH for 

approval after the effective date of the 

final rule, April 9, 2012. 

V. Regulatory Assessment 

Requirements 

A. Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 


tkelley on DSK3SPTVN1PROD with RULES
4804 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. 

This interim final rule is not being 

treated as a ‘‘significant’’ action under 

E.O. 12866. It amends existing 42 CFR 

84.301 to allow NIOSH to extend the 

deadline for respirator certification 

standards established in 2012, and does 

not result in any costs to affected 

stakeholders. Accordingly, HHS has not 

prepared an economic analysis and the 

Office of Management and Budget 

(OMB) has not reviewed this 

rulemaking. 

The rule does not interfere with State, 

local, or tribal governments in the 

exercise of their governmental 

functions. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq., requires each 

agency to consider the potential impact 

of its regulations on small entities 

including small businesses, small 

governmental units, and small not-forprofit organizations. The Department of 

Health and Human Services (HHS) 

certifies that this interim final rule will 

not have a significant economic impact 

on a substantial number of small 

entities, including both small 

manufacturers of CCERs and the small 

mining operators that are required to 

purchase them, within the meaning of 

the RFA. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. 3501 et seq., requires an agency 

to invite public comment on and to 

obtain OMB approval of any rule of 

general applicability that requires 

recordkeeping, reporting, or disclosure 

requirements. 

NIOSH has obtained approval from 

OMB to collect information from 

respirator manufacturers under 

‘‘Information Collection Provisions in 

42 CFR Part 84—Tests and 

Requirements for Certification and 

Approval of Respiratory Protective 

Devices’’ (OMB Control No. 0920–0109, 

exp. November 30, 2017), which covers 

information collected under 42 CFR part 

84. This rulemaking does not increase 

the reporting burden on respirator 

manufacturers. 

D. Small Business Regulatory 

Enforcement Fairness Act 

As required by Congress under the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 801 et 

seq.), the Department will report the 

promulgation of this rule to Congress 

prior to its effective date. The report 

will state that the Department has 

concluded that this rule is not a ‘‘major 

rule’’ because it is not likely to result in 

an annual effect on the economy of $100 

million or more. 

E. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531 et 

seq.) directs agencies to assess the 

effects of Federal regulatory actions on 

State, local, and tribal governments, and 

the private sector ‘‘other than to the 

extent that such regulations incorporate 

requirements specifically set forth in 

law.’’ For purposes of the Unfunded 

Mandates Reform Act, this rule does not 

include any Federal mandate that may 

result in increased annual expenditures 

in excess of $100 million by State, local 

or tribal governments in the aggregate, 

or by the private sector. For 2014, the 

inflation-adjusted threshold is $152 

million. 

F. Executive Order 12988 (Civil Justice) 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12988, ‘‘Civil Justice Reform,’’ 

and will not unduly burden the Federal 

court system. NIOSH has provided clear 

deadline extension requirements that 

will be applied uniformly to all 

applications from manufacturers of 

CCERs. This rule has been reviewed 

carefully to eliminate drafting errors and 

ambiguities. 

G. Executive Order 13132 (Federalism) 

The Department has reviewed this 

rule in accordance with Executive Order 

13132 regarding federalism, and has 

determined that it does not have 

‘‘federalism implications.’’ The rule 

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.’’ 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risks and Safety Risks) 

In accordance with Executive Order 

13045, HHS has evaluated the 

environmental health and safety effects 

of this rule on children. HHS has 

determined that the rule would have no 

effect on children. 

I. Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

In accordance with Executive Order 

13211, HHS has evaluated the effects of 

this rule on energy supply, distribution 

or use, and has determined that the rule 

will not have a significant adverse 

effect. 

J. Plain Writing Act of 2010 

Under Public Law 111–274 (October 

13, 2010), executive Departments and 

Agencies are required to use plain 

language in documents that explain to 

the public how to comply with a 

requirement the Federal Government 

administers or enforces. HHS has 

attempted to use plain language in 

promulgating the interim final rule 

consistent with the Federal Plain 

Writing Act guidelines. 

List of Subjects in 42 CFR Part 84 

Incorporation by reference, Mine 

safety and health, Occupational safety 

and health, Personal protective 

equipment, Respirators. 

Interim Final Rule 

For the reasons discussed in the 

preamble, the Department of Health and 

Human Services amends 42 CFR part 84 

as follows: 

PART 84—APPROVAL OF 

RESPIRATORY PROTECTIVE DEVICES 

■ 1. The authority citation for Part 84 is 

revised to read as follows: 

Authority: 29 U.S.C. 651 et seq., 30 U.S.C. 

3, 5, 7, 811, 842(h), 844. 

■ 2. Revise § 84.301 to read as follows: 

§ 84.301 Applicability to new and 

previously approved CCERs. 

(a) The continued manufacturing, 

labeling, and sale of CCERs previously 

approved under Subpart H is authorized 

for units with durations comparable to 

Cap 1 (for mining applications) and Cap 

3 (mining and non-mining applications) 

until either April 9, 2015 or 6 months 

after the date of the first NIOSH 

approval of a respirator model under 

each respective category specified, 

whichever date comes later. 

(b) Any manufacturer-requested 

modification to a device approved 

under the former subpart H standards 

must comply with the former subpart H 

standards and address an identified 

worker safety or health concern to be 

granted an extension of the NIOSH 

approval. Major modifications to the 

configuration that will result in a new 

approval number must meet and be 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4805 

issued approvals under the 

requirements of this subpart O. 

(c) This subpart O applies to all 

CCERs submitted to NIOSH for a 

certificate of approval after April 9, 

2012. 

Dated: January 14, 2015. 

Sylvia M. Burwell, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2015–01057 Filed 1–28–15; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket No. CDC–2013–0004; NIOSH–216] 

RIN 0920–AA42 

Respirator Certification Fees 

Correction 

In rule document 2015–01046, 

appearing on pages 3891–3913 in the 

issue of Monday, January 26, 2015, 

make the following correction: 

On page 3894, in the second column, 

in the third paragraph, the entry reading 

‘‘[INSERT DATE 120 DAYS AFTER 

PUBLICATION IN THE Federal 

Register]’’ should read May 26, 2015. 

[FR Doc. C1–2015–01046 Filed 1–28–15; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AI49 

Defense Federal Acquisition 

Regulation Supplement: Updated 

Descriptions of Product Service 

Groups Subject to Trade Agreements 

(DFARS Case 2015–D004) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update the descriptions of 

Federal supply groups (now identified 

as product service groups) subject to 

trade agreements to conform to the 

current Federal Procurement Data 

System Product and Service Codes 

Manual. 

DATES: Effective January 29, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends DFARS 

225.401–70 to update the descriptions 

of the Federal supply groups, now 

identified as product service groups 

(PSGs), to conform to the Federal 

Procurement Data System Product and 

Service Codes Manual, August 2011 

Edition. DFARS 225.401–70 lists end 

products that are subject to trade 

agreements when acquired by DoD. 

There are no changes to the groups 

covered; however, a number of the PSG 

descriptions are updated in order to 

better reflect product coverage. The 

World Trade Organization Government 

Procurement Agreement, Free Trade 

Agreement, and other designated 

countries will continue to have 

guaranteed access to the goods 

committed under U.S. international 

agreements. The revised descriptions 

more clearly include some new items 

that were not previously mentioned in 

the descriptions, even though included 

in the product service group. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it does not change the Federal 

supply groups covered, but just updates 

the descriptions of the listed product 

service groups to reflect the current 

Product and Service Codes Manual. It 

does not impact which products are 

subject to trade agreements. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

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 Part 225 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

225.401–70 [Amended] 

■ 2. Amend section 225.401–70 by— 

■ a. In the introductory text, removing 

‘‘Federal supply groups (FSG)’’ and 

adding ‘‘product service groups (PSGs)’’ 

in its place; 

■ b. In the table column heading, 

removing ‘‘FSG’’ and adding ‘‘PSG’’ in 

its place; 

■ c. In newly redesignated entry PSG 23, 

removing ‘‘(except 2350 and buses 

under 2310)’’ and adding ‘‘(except 2305, 

2350, and buses under 2310)’’ in its 

place; 

■ d. In newly redesignated entry PSG 

40, adding a comma after ‘‘chain’’; 

■ e. In newly redesignated entry PSG 41, 

removing ‘‘Refrigeration and air 

conditioning equipment’’ and adding 

‘‘Refrigeration, air conditioning, and air 

circulating equipment’’ in its place; 

■ f. In newly redesignated entry PSG 42, 

removing ‘‘Fire fighting, rescue and 


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