61188 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations 

addition may use hybrid or other 

contract types not provided for in the 

FAR. 

7.1 Indefinite-Delivery Contracts 

a. The USPTO is not required to make 

multiple awards for indefinite-quantity 

contracts under any circumstances, or 

where multiple awards are made, to use 

any specific procedures for placing task 

or delivery orders. 

b. COs are encouraged, however, to 

consider the use of multiple awards 

when doing so would be in the best 

interest of the USPTO. 

c. A solicitation contemplating 

multiple awards must address the 

procedures the USPTO will use for 

selecting between contractors when 

awarding task or delivery orders. 

d. Where a specific procurement 

includes procedures for seeking task or 

delivery order proposals from multiple 

contractors, applying these procedures 

to individual requirements below the 

micropurchase threshold stated in 

PTAG Part 6.1.2 (a) will typically not be 

in the best interest of the USPTO. 

7.2 Options 

a. As a result of its exemptions 

described in Part 1 above, USPTO may 

renegotiate options contained in an 

existing contract without seeking further 

competition when it is in the best 

interest of the agency to do so (for 

example for the purpose of seeking a 

price reduction, adjusting quantities, 

and/or adjusting performance periods). 

1. The USPTO will notify the vendor 

that it intends to renegotiate the option 

at the time that USPTO provides the 

notice required by FAR Part 17.207 (a) 

‘‘Exercise of Options.’’ 

2. The CO will issue a bilateral 

modification when exercising a 

renegotiated option. 

3. Any changes to option pricing 

would be made normally for the 

purpose of implementing a price 

reduction. The CO may only renegotiate 

an increase to the overall price of a prepriced option when the price increase 

directly corresponds with either a 

higher quantity or longer period of 

performance than the option under 

negotiation. 

b. As a result of its exemptions 

described in Part 1 above, USPTO may 

make award on the basis of unpriced 

options contained in an existing 

contract without seeking further 

competition. COs may consider using 

unpriced options as a performance 

incentive. 

c. In addition to 7.2.a. and 7.2.b, COs 

retain their authority to unilaterally 

exercise options in accordance with the 

terms of the options. 

Part 8—Bid Protests 

The USPTO continues to be subject to 

the bid protest jurisdiction of the 

Government Accountability Office and 

of the Court of Federal Claims. The 

USPTO is also subject to Executive 

Order 12979 concerning protests to the 

agency. To see the procedures for 

considering such protests, please refer 

to www.uspto.gov and type ‘‘Agency 

Level Protests’’ in the search box. 

Part 9—Printing 

The USPTO is exempt from the 

requirement to use the Government 

Printing Office to meet its printing 

needs per 35 U.S.C. § 2(b)(4)(B). 

Accordingly, the USPTO intends to 

acquire printing by the most economic 

and efficient means available, which 

may in particular acquisitions include 

the Government Printing Office. 

Part 10—Deviations 

The USPTO has the option to 

implement the deviations granted by the 

Department of Commerce (DOC) when it 

is in the best interest of the agency to 

do so. To see a list of deviations granted 

by DOC, please refer to 

www.commerce.gov and type 

‘‘Procurement Memoranda’’ in the 

search box. 

Dated: September 30, 2013. 

Teresa Stanek Rea, 

Deputy Under Secretary of Commerce for 

Intellectual Property and Deputy Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2013–24316 Filed 10–2–13; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0088: FRL–9901–34– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Thurston County Second 10-Year PM10

Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a 

limited maintenance plan submitted by 

the State of Washington on July 1, 2013, 

for the Thurston County maintenance 

area (Thurston County) for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10). The EPA is also 

approving both local and state 

regulatory updates related to this 

maintenance plan. 

DATES: This final rule is effective on 

November 4, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2013–0088. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which 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 through http://

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

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

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

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, hunt.jeff@

epa.gov, or the above EPA, Region 10 

address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

An explanation of the Clean Air Act 

requirements and implementing 

regulations that are met by this State 

Implementation Plan (SIP), a detailed 

explanation of the revision, and the 

EPA’s reasons for approving it were 

provided in the notice of proposed 

rulemaking published on August 5, 

2013, and will not be restated here. See 

78 FR 42480. The public comment 

period for this proposed rule ended on 

September 4, 2013. The EPA did not 

receive any comments on the proposal. 

II. Final Action 

The EPA is approving the second 10- 

year limited maintenance plan for 

Thurston County submitted by 

Washington State on July 1, 2013. 

Washington’s submittal also included a 

request to approve state regulatory 


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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations 61189 

updates to the original control measures 

included in Chapter 173–433 

Washington Administrative Code 

(WAC) as well as corresponding local 

Olympic Region Clean Air Agency 

regulations. The EPA is approving these 

regulatory changes, as well as other 

minor corrections described in the 

EPA’s proposed rule, because these 

changes strengthen the SIP. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601, et seq.); 

• 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• 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 requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; 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. 

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 action 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 December 2, 

2013. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: September 12, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. Section 52.2470 is amended: 

■ a. In paragraph (c) Table 1— 

Washington Department of Ecology 

Regulations by: 

■ i. Revising entries 173–433–030 

through 173–433–120; 

■ ii. Adding in numerical order entry 

173–433–140; 

■ iii. Revising entry 173–433–150; and 

■ iv. Removing entries 173–433–170 

and 173–433–200; 

■ b. In paragraph (c) by adding a table 

at the end titled ‘‘TABLE 8—Olympic 

Region Clean Air Agency Regulations’’ 

with the entries 6.2.3, 6.2.6, 6.2.7, and 

8.1.1 through 8.1.8; 

■ c. In paragraph (e) by 

■ i. Removing the existing table heading 

‘‘State of Washington Nonregulatory 

Provisions and Quasi-Regulatory 

Measures’’ and replacing it with ‘‘Table 

2—Attainment, Maintenance, and Other 

Plans’’ respectively; 

■ ii. Adding a table after the 

introductory text titled ‘‘Table 1— 

Approved but not incorporated by 

reference statutes and regulations’’; and 

■ ii. Adding an entry in the newly 

designated Table 2—Attainment, 

Maintenance, and Other Plans with 

entry ‘‘Particulate Matter (PM10) 2nd 10- 

year Limited Maintenance Plan’’ at the 

end of the section with the heading 

‘‘Attainment and Maintenance 

Planning—Particulate Matter.’’ 

The revised and added text reads as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


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61190 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations 

TABLE 1—WASHINGTON DEPARTMENT OF ECOLOGY REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

Washington Administrative Code, Chapter 173–433—Solid Fuel Burning Device Standards 

*******

173–433–030 ............................ Definitions ................................. 4/20/91 10/3/13 

[Insert page number where the 

document begins].

173–433–100 ............................ Emission Performance Standards.3/6/93 10/3/13 

[Insert page number where the 

document begins].

173–433–110 ............................ Opacity Standards .................... 3/6/93 10/3/13 

[Insert page number where the 

document begins].

173–433–120 ............................ Prohibited Fuel Types .............. 4/20/91 10/3/13 

[Insert page number where the 

document begins].

* * * * * * * 

173–433–140 ............................ Impaired Air Quality Criteria ..... 4/20/91 10/3/13 

[Insert page number where the 

document begins].

173–433–150 ............................ Curtailment ............................... 4/20/91 10/3/13 

[Insert page number where the 

document begins].

* * * * * * * 

TABLE 8—OLYMPIC REGION CLEAN AIR AGENCY REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Rule 6.2 Outdoor Burning 

6.2.3 .......................................... No Residential or Land Clearing Burning.2/4/12 10/3/13 [Insert page number 

where the document begins].

Only as it applies to the cities of Olympia, Lacey, 

and Tumwater. 

6.2.6 .......................................... Curtailment ............................... 3/18/11 10/3/13 [Insert page number 

where the document begins].

6.2.7 .......................................... Recreational Burning ................ 3/18/11 10/3/13 [Insert page number 

where the document begins].

Rule 8.1 Wood Heating 

8.1.1 .......................................... Definitions ................................. 5/22/10 10/3/13 [Insert page number 

where the document begins].

8.1.2 (b) and (c) ........................ General Emission Standards ... 5/22/10 10/3/13 [Insert page number 

where the document begins].

8.1.3 .......................................... Prohibited Fuel Types .............. 5/22/10 10/3/13 [Insert page number 

where the document begins].

8.1.4 .......................................... Curtailment ............................... 5/22/10 10/3/13 [Insert page number 

where the document begins].

8.1.5 .......................................... Exceptions ................................ 5/22/10 10/3/13 [Insert page number 

where the document begins].

8.1.7 .......................................... Sale and Installation of 

Uncertified Woodstoves.

5/22/10 10/3/13 [Insert page number 

where the document begins].

8.1.8 .......................................... Disposal of uncertified 

woodstoves.

5/22/10 10/3/13 [Insert page number 

where the document begins].

* * * * * (e) * * * 


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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations 61191 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE STATUTES AND REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Washington Department of Ecology Regulations 

173–433–200 ............................ Regulatory Actions and Penalties.10/18/90 1/15/93, 58 FR 4578.

Olympic Region Clean Air Agency Regulations 

8.1.6 .......................................... Penalties ................................... 5/22/10 10/3/13 [Insert page number 

where the document begins].

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision Applicable geographic or nonattainment area 

State 

submittal 

date 

EPA approval date Comments 

*******

Attainment and Maintenance Planning—Particulate Matter 

*******

Particulate Matter (PM10) 2nd 

10-year Limited Maintenance 

Plan.

Thurston County ....................... 7/1/13 10/3/13 [Insert page number 

where the document begins].

* * * * * * * 

[FR Doc. 2013–23511 Filed 10–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1599–IFC] 

RIN 0938–AR53 

Medicare Program; FY 2014 Inpatient 

Prospective Payment Systems: 

Changes to Certain Cost Reporting 

Procedures Related to 

Disproportionate Share Hospital 

Uncompensated Care Payments 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: In the fiscal year (FY) 2014 

inpatient prospective payment systems 

(IPPS)/long-term care hospital (LTCH) 

PPS final rule, we established the 

methodology for determining the 

amount of uncompensated care 

payments made to hospitals eligible for 

the disproportionate share hospital 

(DSH) payment adjustment in FY 2014 

and a process for making interim and 

final payments. This interim final rule 

with comment period revises certain 

operational considerations for hospitals 

with Medicare cost reporting periods 

that span more than one Federal fiscal 

year and also makes changes to the data 

that will be used in the uncompensated 

care payment calculation in order to 

ensure that data from Indian Health 

Service (IHS) hospitals are included in 

Factor 1 and Factor 3 of that calculation. 

DATES: Effective date: These regulations 

are effective on October 1, 2013. 

Comment date: To be assured 

consideration, comments must be 

received at one of the addresses 

provided below, no later than 5 p.m. on 

November 29, 2013. 

ADDRESSES: In commenting, please refer 

to file code CMS–1599–IFC. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed). 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS– 

1599–IFC, P.O. Box 8013, Baltimore, 

MD 21244–8013. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS– 

1599–IFC, Mail Stop C4–26–05, 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. Alternatively, 

you may deliver (by hand or courier) 

your written comments ONLY to the 

following addresses prior to the close of 

the comment period: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal government identification, 

commenters are encouraged to leave 


sroberts on DSK5SPTVN1PROD with RULES