39360 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Proposed Rules 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. The 

SIP is not approved to apply in Indian 

country located in the state, except for 

non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area and the EPA is therefore approving 

this SIP on such lands. Consistent with 

EPA policy, the EPA nonetheless 

provided a consultation opportunity to 

the Puyallup Tribe in a letter dated 

February 25, 2014. The EPA did not 

receive a request for consultation. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 26, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2014–16141 Filed 7–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2013–0475; FRL–9913–31- 

Region 3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Delaware, 

District of Columbia, and West 

Virginia; Control of Emissions From 

Existing Sewage Sludge Incinerator 

Units 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

Clean Air Act (CAA) negative 

declarations for the State of Delaware, 

the District of Columbia, and the State 

of West Virginia for existing sewage 

sludge incinerator (SSI) units. These 

negative declarations certify that SSI 

units subject to the requirements of 

sections 111(d) and 129 of the CAA do 

not exist within the jurisdictional 

boundaries of the Delaware Department 

of Natural Resources and Environmental 

Control (DNREC), the District 

Department of the Environment (DDOE), 

and the West Virginia Department of 

Environmental Protection (WVDEP). 

DATES: Comments must be received in 

writing by August 11, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0475 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: rehn.brian@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0475, 

Brian Rehn, Acting Associate Director, 

Office of Permits and Air Toxics, 

Mailcode 3AP10, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0475. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the submittals are available at 

the Delaware Department of Natural 

Resources and Environmental Control, 

89 Kings Highway, P.O. Box 1401, 

Dover, Delaware 19903, the District of 

Columbia Department of the 

Environment, Air Quality Division, 

1200 1st Street NE., Fifth Floor, 

Washington, DC 20002, and the West 

Virginia Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is approving 

these negative declarations in a direct 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Proposed Rules 39361 

final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

For further information regarding the 

negative declarations for SSI units 

submitted by DNREC, DDOE, and 

WVDEP, please see the information 

provided in the direct final action, with 

the same title, that is located in the 

‘‘Rules and Regulations’’ section of this 

Federal Register publication. 

Dated: June 11, 2014. 

W.C. Early, 

Acting. 

[FR Doc. 2014–16032 Filed 7–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 15 

[FAR Case 2013–012; Docket No. 2013– 

0012; Sequence No. 1] 

RIN 9000–AM57 

Federal Acquisition Regulation; 

Review and Justification of PassThrough Contracts 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 802 of the National 

Defense Authorization Act of Fiscal 

Year 2013. This section provides 

additional requirements relative to the 

review and justification of Pass-Through 

contracts. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before September 9, 

2014 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2013–012 by any 

of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FAR Case 2013–012’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with ‘‘FAR Case 2013– 

012.’’ Follow the instructions provided 

at the ‘‘Comment Now’’ screen. Please 

include your name, company name (if 

any), and ‘‘FAR Case 2013–012’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Ms. Flowers, 1800 F 

Street NW., 2nd Floor, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FAR Case 2013–012, in all 

correspondence related to this case. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward N. Chambers, Procurement 

Analyst, at 202–501–3221, for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at 202–501–4755. Please cite 

FAR Case 2013–012. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Defense Authorization 

Act (NDAA) for Fiscal Year 2013 was 

signed into law and effective on 

December 31, 2012. Section 802 of the 

law provides additional requirements 

relative to the review and justification of 

Pass-Through contracts. Specifically, 

this law requires in those instances 

where an offeror for a contract, task 

order, or delivery order informs the 

agency pursuant to FAR 52.215–22 of 

their intention to award subcontracts for 

more than 70 percent of the total cost of 

work to be performed under the 

contract, task order, or delivery order, 

the contracting officer is required to (1) 

consider the availability of alternative 

contract vehicles and the feasibility of 

contracting directly with a 

subcontractor or subcontractors that will 

perform the bulk of the work; (2) make 

a written determination that the 

contracting approach selected is in the 

best interest of the Government; and (3) 

document the basis for such 

determination. Therefore, FAR 15.404– 

1(h) is being created by this rule to 

implement these statutory requirements. 

However, Section 1615 of the NDAA 

for Fiscal Year 2014, which was signed 

into law and effective on December 26, 

2013, provides that for contracts under 

the provisions of Section 46 of the Small 

Business Act (15 U.S.C. 657s) the 

requirements under Section 802 of the 

NDAA for Fiscal Year 2013 do not 

apply. Accordingly, the proposed rule 

exempts FAR Part 19 acquisitions. 

While Section 802 only applies to 

contracts with the Department of 

Defense, the Department of State, and 

the United States Agency for 

International Development, for the 

purpose of consistency, it was decided 

to apply the section’s requirements to 

all of the agencies subject to the FAR. 

II. 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 a significant 

regulatory action and, therefore, was 

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. 

III. Regulatory Flexibility Act 

DoD, GSA, and NASA do not expect 

this proposed rule 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 the 

rule augments the current 

responsibilities of contracting officers 

relative to the review and justification of 

pass-through contracts and does not 

initiate or impose any new 

administrative or performance 

requirements on contractors. 

Therefore, an Initial Regulatory 

Flexibility Analysis has not been 

performed. DoD, GSA, and NASA invite 

comments from small business entities 

concerns and other interested parties on 

the expected impact of this rule on 

small entities. 

DoD, GSA, and NASA will also 

consider comments from small entities 

concerning the existing regulations in 

subparts affected by the rule consistent 

with 5 U.S.C. 610. Interested parties 


tkelley on DSK3SPTVN1PROD with PROPOSALS