Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules 16271 

Dated: February 27, 2014. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2014–06380 Filed 3–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2014–0127, FRL–9908–45– 

Region–2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State plan submitted by New York 

State to implement and enforce the 

Emission Guidelines (EG) for existing 

sewage sludge incineration (SSI) units. 

The State plan is consistent with the EG 

promulgated by EPA on March 21, 2011. 

New York’s plan establishes emission 

limits and other requirements for the 

purpose of reducing toxic air emissions 

and other air pollutants from SSI units 

throughout the State. New York 

submitted its plan to fulfill the 

requirements of sections 111(d) and 129 

of the Clean Air Act. 

DATES: Written comments must be 

received on or before April 24, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2014–0127 by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: mailto:Ruvo.Richard@

epa.gov 

• Mail: EPA–R02–OAR–2014–0127, 

Richard Ruvo, Chief, Air Programs 

Branch, Environmental Protection 

Agency, Region 2 Office, 290 Broadway, 

25th Floor, New York, New York 

10007–1866. 

• Hand Delivery: Richard Ruvo, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2014– 

0127. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dpckets.htm. 

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, 

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 Environmental Protection 

Agency, Region 2 Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. EPA 

requests, if at all possible, that you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella 

(Gardella.anthony@epa.gov), Air 

Programs Branch, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3892. 

SUPPLEMENTARY INFORMATION: The 

following table of contents describes the 

format for the Supplementary 

Information section: 

I. EPA Action 

A. What action is EPA proposing today? 

B. Why is EPA taking this action? 

C. Who is affected by New York’s State 

plan? 

D. How does this approval affect sources 

located in Indian Nation Land? 

II. Background 

A. What is a State plan? 

B. What is an SSI State plan? 

C. Why is EPA requiring New York to 

submit an SSI State plan? 

D. What are the requirements for an SSI 

State plan? 

III. New York’s State Plan 

A. What is contained in the New York 

State plan? 

B. What approval criteria did we use to 

evaluate New York’s State plan? 

IV. What is EPA’s conclusion? 

V. Statutory and Executive Order Reviews 

I. EPA Action 

A. What action is EPA proposing today? 

EPA is proposing to approve New 

York’s State plan, submitted on July 1, 

2013, for the control of air emissions 

from existing sewage sludge incinerator 

(SSI) units throughout the State, except 

for any existing SSI units located in 

Indian Nation Land. New York 

submitted its plan to fulfill the 

requirements of section 111(d) and 129 

of the Clean Air Act (CAA). The State 

plan adopts and implements the 

Emission Guidelines (EG) applicable to 

existing SSI units, and establishes 

emission limits and other requirements 

for units constructed on or before 

October 14, 2010. This proposed 

approval, once finalized and effective, 

will make the New York SSI rules 

included in the State plan federally 

enforceable. 

B. Why is EPA taking this action? 

EPA has evaluated New York’s SSI 

State plan for consistency with the 

CAA, EPA guidelines and policy. EPA 

has determined that New York’s State 

plan meets all applicable requirements 

and therefore, EPA is proposing to 

approve New York’s State plan to 

implement and enforce the EG 

applicable to existing SSI units. 

C. Who is affected by New York’s State 

plan? 

New York’s State plan regulates all 

the units designated by the EG for 

existing SSI units which commenced 

construction on or before October 14, 

2010 and which are located at a 

wastewater treatment facility designed 


tkelley on DSK3SPTVN1PROD with PROPOSALS
16272 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules 

1 In an email dated 02/28/14, New York 

responded to an EPA request to provide clarifying 

information concerning the State’s plan. This 

clarifying information also is available in EPA’s 

docket at www.regulations.gov. 

to treat domestic sewage sludge. If the 

owner or operator of an SSI unit made 

changes after September 21, 2011, that 

meet the definition of modification (see 

Title 40, Code of Federal Regulations, 

section 60.5250 (40 CFR 60.5250)), the 

SSI unit becomes subject to subpart 

LLLL (New Source Performance 

Standards for New Sewage Sludge 

Incineration Units) of 40 CFR part 60, 

and the State plan no longer applies to 

that unit. 

D. How does this approval affect sources 

located in Indian Nation Land? 

New York’s State plan is not 

applicable to units located in Indian 

Nation Land. Therefore, if there are any 

existing SSI units located in Indian 

Nation Land these existing SSI units 

will be subject to the Federal plan. 

II. Background 

A. What is a State plan? 

Section 111 of the CAA, ‘‘Standards of 

Performance for New Stationary 

Sources,’’ authorizes EPA to set air 

emissions standards for certain 

categories of sources. These standards 

are called New Source Performance 

Standards (NSPS). When a NSPS is 

promulgated for new sources, section 

111(d) also requires that EPA publish an 

EG applicable to control the same 

pollutants from existing (or designated) 

facilities. States with designated 

facilities must then develop a State plan 

to adopt the EG into the State’s body of 

regulations. States must also include in 

their State plan other requirements, 

such as inventories, legal authority, 

reporting and recordkeeping, and public 

participation documentation, to 

demonstrate their ability to enforce the 

State plans. 

Section 129 of the CAA requires EPA 

to establish performance standards and 

emission guidelines for various types of 

new and existing solid waste 

incineration units. Section 129(b)(2) 

requires States to submit to EPA for 

approval section 111(d)/129 plans that 

implement and enforce the promulgated 

EG. Section 129(b)(3) requires EPA to 

promulgate a Federal plan (FP) within 

two years from the date on which the 

EG, or when revision to the EG, is 

promulgated. The FP is applicable to 

affected facilities when the state has 

failed to receive EPA approval of the 

section 111(d)/129 plan. The FP remains 

in effect until the state submits and 

receives EPA approval of its section 

111(d)/129 plan. 

State plan submittals under CAA 

sections 111(d) and 129 must be 

consistent with the relevant EG, in this 

instance 40 CFR part 60, subpart 

MMMM, and the requirements of 40 

CFR part 60, subpart B and part 62, 

subpart A. Section 129 of the CAA 

regulates air pollutants that include 

organics (dioxins/furans), carbon 

monoxide, metals (cadmium, lead, and 

mercury), hydrogen chloride, sulfur 

dioxide, nitrogen oxides, particulate 

matter, and opacity (as appropriate). 

B. What is an SSI State plan? 

An SSI State plan is a State plan, as 

described above, that controls air 

pollutant emissions from existing 

sewage sludge incinerators located at a 

wastewater treatment facility designed 

to treat domestic sewage sludge and that 

commenced construction on or before 

October 14, 2010. The applicable types 

of SSI units include fluidized bed and 

multiple hearth incinerators. 

C. Why is EPA requiring New York to 

submit an SSI State plan? 

When EPA developed the NSPS for 

SSI units, we simultaneously developed 

the EG to control air emissions from 

existing SSI units (see 76 FR 15371, 

March 21, 2011). Under section 129 of 

the CAA, the EG is not federally 

enforceable; therefore, section 129 of the 

CAA also requires states to submit to 

EPA for approval State plans that 

implement and enforce the EG. Under 

section 129 of the CAA, these State 

plans must be at least as protective as 

the EG, and they become federally 

enforceable upon approval by EPA. 

The procedures for adopting and 

submitting State plans are located in 40 

CFR part 60, subpart B. If a state fails 

to have an approvable plan in place by 

March 21, 2013, the EPA is required to 

promulgate a federal plan to establish 

requirements for those sources not 

under an EPA-approved State plan. The 

procedures for EPA’s approval and 

disapproval of State plans are located in 

40 CFR part 62, subpart A. EPA is 

proposing to approve New York’s State 

plan since it is deemed at least as 

protective as the standards set in the EG. 

New York has developed and submitted 

a State plan, as required by sections 

111(d)/129 of the CAA, to gain federal 

approval to implement and enforce the 

EG for existing SSI units. 

D. What are the requirements for an SSI 

State plan? 

A section 111(d) State plan submittal 

must meet the requirements of 40 CFR 

part 60, subpart B, sections 60.23 

through 60.26, and the EG found at 40 

CFR part 60, subpart MMMM (see 76 FR 

15371, March 21, 2011). Subpart B 

contains the procedures for the adoption 

and submittal of State plans. This 

subpart addresses public participation, 

legal authority, emission standards and 

other emission limitations, compliance 

schedules, emission inventories, source 

surveillance, and compliance assurance 

and enforcement requirements. 

EPA promulgated the EG at 40 CFR 

part 60, subpart MMMM on March 21, 

2011. Subpart MMMM contains 

guidelines to the states for submittal of 

plans that address existing SSI units. In 

addition, subpart MMMM contains the 

technical requirements for existing SSI 

units located at a wastewater treatment 

plant designed to treat domestic sewage 

sludge and applies to SSI units that 

commenced construction on or before 

October 14, 2010. A state can address 

the SSI technical requirements by 

adopting its own regulation that 

includes all the applicable requirements 

of subpart MMMM or by adopting by 

reference subpart MMMM. The section 

111(d) State plan is required to be 

submitted within one year of the EG 

promulgation date, i.e. by March 21, 

2012. Prior to submittal to EPA, the 

State must make available to the public 

the State plan and provide opportunity 

for public comment, including a public 

hearing. 

III. New York’s State Plan 

A. What is contained in the New York 

State plan? 

On July 1, 2013,1 the New York State 

Department of Environmental 

Conservation (NYSDEC) submitted its 

section 111(d) State plan for 

implementing EPA’s EG for existing SSI 

units located in New York State. 

New York has adopted by reference 

the applicable requirements of the EG in 

Part 200 of Title 6 of the New York Code 

of Rules and Regulations (6NYCRR) of 

the State of New York, entitled ‘‘General 

Provisions’’ and in Subpart 219–1 of 

6NYCRR entitled ‘‘Incineration-General 

Provisions’’ and Subpart 219–9 of 

6NYCRR entitled ‘‘Emission Guidelines 

and Compliance Schedules for Existing 

Sewage Sludge Incineration Units.’’ 

These amended regulations became 

effective on May 12, 2012. By 

incorporating the EG by reference into 

Part 200, NYSDEC has the authority to 

include them as applicable within 

Subpart 219–9, which addresses the 

applicability of the various Part 219 

(New York’s incineration rules) 

requirements. Part 219 now includes the 

new requirements incorporated from the 

EG, as well as the necessary compliance 

schedules and necessary definition 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules 16273 

changes required for the transformation 

of emission guidelines into a State plan. 

As a result, the Part 219 requirements 

are enforceable by New York and 

become federally enforceable once the 

State plan is approved by EPA. 

Section 60.5015 of the EG describes 

all of the required elements that must be 

included in a state’s plan for SSI units. 

New York’s State plan includes all of 

the required elements described in 

section 60.5015 of the EG, as 

summarized herein: 

(1) A demonstration of the State’s 

legal authority to implement the 

sections 111(d) and 129 State plan; 

(2) State rules adopted into 6NYCRR 

Parts 200 and 219 as the mechanism for 

implementing and enforcing the State 

plan; 

(3) An inventory of twelve known SSI 

facilities, including twenty-one SSI 

units, along with an inventory of their 

air pollutant emissions (see sections A 

and B of New York’s State plan as well 

as the clarifying information submitted 

by New York). Of these twenty-one SSI 

units, at least seven units, and possibly 

more, will have ceased operation by the 

March 21, 2016 compliance date. Also, 

the inventory includes an additional 

nine facilities with fifteen SSI units that 

have expired permits and that are no 

longer in operation—New York has 

indicated in its State plan that these 

facilities would be considered new 

facilities subject to 40 CFR part 60, 

subpart LLLL (Standards of Performance 

for New Stationary Sources) should they 

apply for a new air permit; 

(4) Emission limits, emission 

standards, operator training and 

qualification requirements, and 

operating limits that are at least as 

protective as the EG; 

(5) Enforceable compliance schedules 

incorporated into Subpart 219–9, part of 

New York’s incineration rule, as 

follows: either (a) a one year schedule 

whereby full compliance is achieved by 

twelve months after EPA’s approval of 

New York’s State plan or June 21, 2013, 

whichever is earlier, or (b) an extended 

schedule whereby full compliance is 

achieved by thirty-six months after 

EPA’s approval of New York’s State 

plan or March 21, 2016, whichever is 

earlier. 

(6) Testing, monitoring, reporting and 

recordkeeping requirements for the 

designated facilities; 

(7) Records of the public hearing on 

the State plan; and, 

(8) Provisions for annual state 

progress reports to EPA on 

implementation of the State plan. 

EPA proposes to determine that New 

York’s State plan for SSI units includes 

all the required State plan elements 

described in section 60.5015 of the EG. 

B. What approval criteria did we use to 

evaluate New York’s State plan? 

EPA reviewed New York’s State plan 

for approval against the following 

criteria: 40 CFR 60.23 through 60.26, 

‘‘Subpart B-Adoption and Submittal of 

State Plans for Designated Facilities;’’ 

and 40 CFR 60.5000 through 60.5250, 

‘‘Subpart MMMM-Emission Guidelines 

and Compliance Times for Existing 

Sewage Sludge Incineration Units;’’ and 

40 CFR 62, subpart A, ‘‘General 

Provisions’’ for ‘‘Approval and 

Promulgation of State Plans for 

Designated Facilities and Pollutants.’’ 

IV. What is EPA’s conclusion? 

The EPA has determined that New 

York’s State plan meets all the 

applicable approval criteria as discussed 

above and, therefore, EPA is proposing 

to approve New York State’s sections 

111(d) and 129 State plan for existing 

sewage sludge incineration units. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and 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 proposes 

to approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

proposed 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 proposes to 

approve 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 

(Public Law 104–4). This proposed rule 

also does 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), nor will 

it 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), because it merely 

proposes to approve a state rule 

implementing a Federal requirement, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the CAA. 

This proposed rule also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing NYSDEC’s submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 NYSDEC submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a NYSDEC 

submission, to use VCS in place of a 

NYSDEC submission that otherwise 

satisfies the provisions of the CAA. 

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. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this proposed rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the Attorney 

General’s ‘‘Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This proposed rule 

for the approval of NYSDEC’s section 

111(d)/129 plan for SSI units does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, waste 

treatment and disposal. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
16274 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules 

Date: March 12, 2014. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2014–06579 Filed 3–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 39 and 52 

[FAR Case 2014–006; Docket No. 2014– 

0006; Sequence No. 1] 

RIN 9000–AM72 

Federal Acquisition Regulation; Year 

Format 

AGENCIES: 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 delete 

regulations relating to the year 2000 

compliance. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before May 27, 2014 

to be considered in the formation of the 

final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2014–006 by any 

of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FAR Case 2014–006’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with ‘‘FAR Case 2014– 

006.’’ Follow the instructions provided 

at the ‘‘Comment Now’’ screen. Please 

include your name, company name (if 

any), and ‘‘FAR Case 2014–006’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1800 F 

Street NW., 2nd Floor, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FAR Case 2014–006, 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 Loeb, Procurement Analyst, at 

202–501–0650, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAR Case 2014–006. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the Federal Acquisition 

Regulation (FAR) to delete obsolete 

coverage relating to the year 2000 

compliance at FAR 39.002, 39.101(a), 

and 39.106. Also, the rule will make 

conforming changes to FAR 39.107 and 

the clause prescription at FAR 52.239– 

1. The year 2000 coverage is no longer 

needed because all of the issues 

addressing the transition to year 2000 

compliance language have been 

resolved. 

In 1997, an interim rule, FAR Case 

96–607, was promulgated to address 

year 2000 compliance issues, (see 62 FR 

273, January 2, 1997). FAR Case 96–607 

was finalized on August 22, 1997 (62 FR 

44830). Subsequently, Section 622 of 

the Omnibus Appropriations and 

Authorization Act for Fiscal Year 1999 

(Pub. L. 105–277) provided that ‘‘None 

of the funds appropriated in this or any 

other Act shall be used to acquire 

information technologies which do not 

comply with FAR section 39.106 (Year 

2000 compliance) of the Federal 

Acquisition Regulation, unless an 

agency’s Chief Information Officer 

determines that noncompliance with 

section 39.106 is necessary to the 

function and operation of the requesting 

agency or the acquisition is required by 

a signed contract with the agency in 

effect before the date of enactment of 

this Act. Any waiver granted by the 

Chief Information Officer shall be 

reported to the Office of Management 

and Budget, and copies shall be 

provided to Congress.’’ FAR Case 98– 

306 was opened to incorporate this 

restriction in FAR part 39. The final 

FAR rule was published on June 17, 

1999 (64 FR 32747) and has remained 

unchanged (See FAR 39.101). 

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 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. 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 this 

rule is proposing to delete obsolete 

language from the regulation. 

Nonetheless, an Initial Regulatory 

Flexibility Analysis has been performed 

and is summarized below: 

This rule amends the FAR to delete 

obsolete coverage relating to the year 2000 

compliance at FAR 39.002, 39.101(a), and 

39.106. Also, the rule will make conforming 

changes to FAR 39.107 and the clause 

prescription at FAR 52.239–1. The year 2000 

coverage is no longer needed because all of 

the issues addressing the transition to year 

2000 compliance language have been 

resolved. Based upon Federal Procurement 

Data System data, there were 9021 

Information Technology contractors in fiscal 

year 2013, of which 6284 were small 

business. The impact on small business is 

expected to be positive since we are deleting 

an obsolete requirement. 

The Regulatory Secretariat has 

submitted a copy of the IRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. A copy of the 

IRFA may be obtained from the 

Regulatory Secretariat. DOD, GSA, and 

NASA invite comments from small 

business 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 in 

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

parties must submit such comments 

separately and should cite 5 U.S.C 610 

(FAR Case 2014–006), in 

correspondence. 

IV. Paperwork Reduction Act 

The proposed 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 Parts 39 and 

52 

Government procurement. 


tkelley on DSK3SPTVN1PROD with PROPOSALS