Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 45589 

at (919) 541–4860 or at gates.adrian@

epa.gov. The last day to pre-register to 

speak at the hearing will be September 

24, 2018. On September 28, 2018, the 

EPA will post at https://www.epa.gov/ 

stationary-sources-air-pollution/forms/ 

affordable-clean-energy-rule-proposalpublic-hearing a general agenda for the 

hearing that will list pre-registered 

speakers in approximate order. The EPA 

will make every effort to follow the 

schedule as closely as possible on the 

day of the hearing; however, please plan 

for the hearing to run either ahead of 

schedule or behind schedule. 

Additionally, requests to speak will be 

taken the day of the hearing at the 

hearing registration desk. The EPA will 

make every effort to accommodate all 

speakers who arrive and register, 

although preferences on speaking times 

may not be able to be fulfilled. 

SUPPLEMENTARY INFORMATION: Each 

commenter will have 5 minutes to 

provide oral testimony. The EPA 

encourages commenters to provide the 

EPA with a copy of their oral testimony 

electronically (via email) or in hard 

copy form. 

The EPA may ask clarifying questions 

during the oral presentations, but will 

not respond to the presentations at that 

time. Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as oral comments 

and supporting information presented at 

the public hearing. Commenters should 

notify Adrian Gates if they will need 

specific equipment or if there are other 

special needs related to providing 

comments at the hearing. Verbatim 

transcripts of the hearing and written 

statements will be included in the 

docket for the rulemaking. 

Please note that any updates made to 

any aspect of the hearing will be posted 

online at https://www.epa.gov/ 

stationary-sources-air-pollution/forms/ 

affordable-clean-energy-rule-proposalpublic-hearing. While the EPA expects 

the hearing to go forward as set forth 

above, please monitor our website or 

contact Adrian Gates at (919) 541–4860 

or gates.adrian@epa.gov to determine if 

there are any updates. The EPA does not 

intend to publish a document in the 

Federal Register announcing updates. 

The EPA will not provide audiovisual 

equipment for presentations unless we 

receive special requests in advance. 

Commenters should notify Adrian Gates 

when they pre-register to speak that 

they will need specific equipment. If 

you require the service of a translator or 

special accommodations such as audio 

description, please pre-register for the 

hearing and describe your needs by 

September 24, 2018. We may not be able 

to arrange accommodations without 

advanced notice. 

Dated: September 4, 2018. 

Panagiotis Tsirigotis, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 2018–19505 Filed 9–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2018–0564, FRL–9983– 

42—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 

Emission Guidelines (EG) for existing 

large municipal waste combustor 

(MWC) units. The State plan is 

consistent with the amended EG 

promulgated by EPA on May 10, 2006. 

New York’s plan establishes emission 

limits and other requirements for the 

purpose of reducing emissions of lead, 

mercury, cadmium, organics, hydrogen 

chloride and other air pollutants from 

large MWC 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: Comments must be received on 

or before October 10, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2018–0564 to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. 

The EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 

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. Who is affected by New York’s 

revised State plan? 

C. How does this approval affect 

sources located in Indian Nation 

Land? 

II. Background 

A. What is a State plan? 

B. Why is EPA requiring New York to 

submit a revised large MWC State 

plan? 

C. What are the requirements for a 

revised large MWC State plan? 

D. What revisions did EPA make to 

subpart Cb as amended on May 10, 

2006? 

III. New York’s State Plan 

A. What is contained in the New York 

State revised plan? 

B. What approval criteria did we use 

to evaluate New York’s revised 

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 revised State plan, submitted on 

July 12, 2013, for the control of air 

emissions from existing large municipal 

waste combustor (MWC) units 

throughout the State, except for any 

existing large MWC units located in 

Indian Nation Land. In accordance with 

the Clean Air Act (CAA), New York 

previously submitted a State plan on 

December 15, 1997, as supplemented on 

June 22, 1998, which was approved by 

EPA on August 4, 1998, 63 FR 41427. 

New York also submitted a revised State 

plan on October 7, 1998, as 

supplemented on November 5, 1998 

which was approved by the EPA on 

February 9, 1999, 64 FR 6237. New York 


daltland on DSKBBV9HB2PROD with PROPOSALS
45590 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 

1The EPA has not yet promulgated a Federal plan 

for the May 2006 large MWC EG. The current 

Federal plan was promulgated on May 24, 2000 (65 

FR 33461) and amended on July 14, 2004 (69 FR 

42117) for the large MWC EG promulgated on 

August 25, 1997 (62 FR 45124) as amended on July 

12, 2001 (66 FR 36473). 

submitted its July 2013 revised plan to 

fulfill the requirements of section 111(d) 

and 129 of the CAA. The revised State 

plan adopts and implements the 

Emission Guidelines (EG) amended by 

EPA on May 10, 2006 applicable to 

existing large MWC units, and 

establishes revised emission limits and 

other requirements for units constructed 

on or before September 20, 1994. This 

proposed approval, once finalized and 

effective, will make New York’s revised 

large MWC rules included in the State 

plan federally enforceable. 

B. Who is affected by New York’s 

revised State plan? 

New York’s revised State plan 

regulates all the units designated by the 

amended EG applicable to existing large 

MWC units with a combustion capacity 

greater than 250 tons per day of 

municipal solid waste for which 

construction commenced on or before 

September 20, 1994. 

C. How does this approval affect sources 

located in Indian Nation Land? 

New York’s revised State plan is not 

applicable to units located in Indian 

Nation Land. Therefore, if there are any 

existing large MWC units located in 

Indian Nation Land these existing large 

MWC units will be subject to the 

Federal plan.1

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) and EPA regulations also require 

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 

requirements of 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 Cb, 

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. Why is EPA requiring New York to 

submit a revised large MWC State plan? 

When EPA developed the amended 

NSPS for large MWC units, we 

simultaneously developed the amended 

EG to control air emissions from 

existing units (see 71 FR 27324, May 10, 

2006). 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, the 

EPA is required to promulgate a federal 

plan to establish requirements for those 

sources not under an EPA-approved 

State plan. New York has developed and 

submitted a revised State plan, as 

required by sections 111(d)/129 of the 

CAA, to gain federal approval to 

implement and enforce the 

requirements of the amended EG for 

existing large MWC units. 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, 

as amended on May 10, 2006. 

C. What are the requirements for a 

revised large MWC 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 amended EG 

found at 40 CFR part 60, subpart Cb (see 

71 FR 27324, May 10, 2006). 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 amended EG at 

40 CFR part 60, subpart Cb on May 10, 

2006. Subpart Cb contains guidelines to 

the states for submittal of plans that 

address existing large MWC units. In 

addition, subpart Cb contains the 

technical requirements for existing large 

MWC units located at a facility designed 

to combust municipal solid waste and 

applies to each MWC unit with a 

combustion capacity greater than 250 

tons per day for which construction was 

commenced on or before September 20, 

1994. A state can address the large 

MWC technical requirements by 

adopting its own regulation that 

includes all the applicable requirements 

of subpart Cb or by incorporating by 

reference subpart Cb if the state meets 

certain requirements. States with 

affected facilities are required to submit 

to EPA a section 111(d)/129 plan to 

implement and enforce all provisions of 

subpart Cb, as amended on May 10, 

2006. 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. 

D. What revisions did EPA make to 

subpart Cb as amended on May 10, 

2006? 

Section 129(a)(5) of the CAA requires 

EPA to conduct 5-year reviews of NSPS 

for solid waste incinerators and amend 

standards and requirements as 

appropriate. Accordingly, EPA 

promulgated amended standards and 

requirements for large MWCs on May 

10, 2006. This rulemaking resulted in 

two major revisions as well as other 

revisions. The two major revisions 

include revisions to emission limits and 

revisions to compliance testing 

provisions. 

Relative to the 1995 EG, the emission 

limits in the May 2006 rulemaking for 

existing large MWC units are revised for 

dioxin/furans (only for units equipped 

with electrostatic precipitators), 

mercury, cadmium, lead, particulate 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 45591 

2 In an email dated 12/06/2017, the New York 

State Department of Environmental Conservation 

provided a copy of the NYS Office of Attorney 

General opinion finding that NY state 

administrative agencies are authorized to 

incorporate by reference federal statutes and 

regulations that are applicable to the state, and that 

such action is not prohibited by the NYS 

constitution. 

matter, and nitrogen oxides (for some 

types of units). The second major 

revision to the EG included revisions to 

the compliance testing provisions to 

require increased data availability from 

continuous emissions monitoring 

Systems (CEMS). CEMS are required to 

generate at least 95% data availability 

on a calendar year basis and at least 

90% data availability on a calendar 

quarter basis. Also, the compliance 

testing provisions have also been 

revised to allow the optional use of 

CEMS to monitor particulate matter and 

mercury. 

Other revisions include the following: 

• Operator stand-in provisions to 

clarify how long a shift supervisor is 

allowed to be off site when a 

provisionally certified control room 

operator is standing in; 

• An 8-hour block average for 

measuring activated carbon injection 

rate; 

• A provision for waiver of operating 

parameter limits during the mercury 

performance tests and two weeks 

preceding the test, as is already allowed 

for dioxin testing; 

• A revision to the relative accuracy 

criterion for sulfur dioxide and carbon 

monoxide CEMS; 

• Flexibility to the annual 

compliance testing schedule so that a 

facility tests once per calendar year, but 

no less than 9 months and not more 

than 15 months since the previous test; 

• Allowing the use of parametric 

monitoring limits from an exceptionally 

well-operated MWC unit to be applied 

to all identical units at the same plant 

site without retesting for dioxin; 

• The option of monitoring the 

activated carbon injection pressure or 

equivalent parameter; and 

• Clarifying the exclusion of 

monitoring data from compliance 

calculations under certain conditions. 

New York’s revised State plan 

submittal in July 2013 for existing large 

MWCs includes all the revisions to 

subpart Cb, as amended on May 10, 

2006. 

III. New York’s State Plan 

A. What is contained in the New York 

State revised plan? 

On July 12, 2013,2 the New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

EPA its section 111(d)/129 State plan to 

implement EPA’s amended EG for 

existing large MWC units located in 

New York State. 

New York has incorporated by 

reference the applicable requirements of 

the amended EG in Part 200 of Title 6 

of the New York Code of Rules and 

Regulations (6 NYCRR) of the State of 

New York, entitled ‘‘General 

Provisions.’’ The amended regulation 

became effective on October 20, 2007. 

New York will enforce the requirements 

under Part 201, entitled ‘‘Permits and 

Registration.’’ By adopting the 

requirements of the amended EG into 

Part 200, NYSDEC has the authority to 

include them as applicable 

requirements in permits of emission 

sources subject to such requirements. As 

a result, the Part 200 requirements are 

enforceable by New York and become 

federally enforceable once the State plan 

is approved by EPA. 

New York’s revised State plan 

includes all of EPA’s required elements 

as described in the amended EG and 40 

CFR subpart B, 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 adopting the amended 

EG (6 NYCRR Part 200) as the 

mechanism for implementing and 

enforcing the State plan; 

(3) An inventory of seven known large 

MWC facilities, including eighteen large 

MWC units, along with an inventory of 

their air pollutant emissions (see section 

C of New York’s State plan); 

(4) Emission limits, emission 

standards, operator training and 

qualification requirements, and 

operating limits that are at least as 

protective as the amended EG; 

(5) Enforceable compliance schedules 

as indicated in the amended EG. 

Compliance with revised emission 

limits (see 60.39b) is required as 

expeditiously as practicable, but not 

later than April 28, 2009 except as noted 

in 60.39b(g)(2) for a facility planning an 

extensive emission control system 

upgrade who petitions the 

Administrator for a longer compliance 

schedule. If approved by the 

Administrator, the longer compliance 

schedule may be extended but not later 

than May 10, 2011. In the event that no 

plan for implementing the amended EG 

is approved by EPA, the applicable large 

MWC units must be in compliance with 

all requirements of the amended EG no 

later than May 10, 2011 (see 60.39b(h)). 

(6) Testing, monitoring, reporting and 

recordkeeping requirements for the 

designated facilities; 

(7) Records of the public hearing on 

the revised State plan; and, 

(8) Provisions for annual state 

progress reports to EPA on 

implementation of the revised State 

plan. 

EPA proposes to determine that New 

York’s revised State plan for large MWC 

units includes all the required State 

plan elements described in the amended 

EG and 40 CFR subpart. 

B. What approval criteria did we use to 

evaluate New York’s revised State plan? 

EPA reviewed New York’s revised 

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 ‘‘Subpart Cb Emission 

Guidelines and Compliance Times for 

Large Municipal Waste Combustors 

That are Constructed on or Before 

September 20, 1994;’’ 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 revised 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 revised State plan for 

existing large municipal waste 

combustor units. 

V. Statutory and Executive Order 

Reviews 

Pursuant to EPA regulations, the 

Administrator may approve a plan or 

any portion thereof upon a 

determination that it meets Sections 

111(d) and 129 of the Act and 

applicable regulations. 40 CFR Section 

62.02. 

Accordingly, this action, if finalized, 

would merely approve state law as 

meeting Federal requirements and 

would not impose additional 

requirements beyond those imposed by 

state law. 

For that reason, this action, if 

finalized: 

• 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); and 13563 (76 FR 

3821, January 21, 2011); 

• is not an Executive Order 13771 

regulatory action because this action is 

not significant under Executive Order 

12866; 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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


daltland on DSKBBV9HB2PROD with PROPOSALS
45592 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 

• 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 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 proposed rule is not 

approved to apply on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Sulfur oxides, waste 

treatment and disposal. 

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

Dated: August 19, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

[FR Doc. 2018–19598 Filed 9–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 232, 242, and 252 

[Docket DARS–2018–0042] 

RIN 0750–AJ28 

Performance-Based Payments and 

Progress Payments (DFARS Case 

2017–D019) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule; extension of 

registration deadline for public meeting. 

SUMMARY: For the public meeting to be 

held on September 14, 2018, from 9 a.m. 

to 12 p.m., EST, regarding the proposed 

rule published in the Federal Register 

on August 24, 2018, at 83 FR 42831, the 

registration deadline is extended from 

September 6, 2018, to September 11, 

2018, at 12 p.m., EST. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before October 23, 2018, to be 

considered in the formation of a final 

rule. 

Public Meeting Date: The public 

meeting will be held on September 14, 

2018, from 9 a.m. to 12 p.m., EST. 

Registration to attend this meeting must 

be received by September 11, 2018, at 

12 p.m., EST. Further information for 

the public meeting may be found under 

the heading SUPPLEMENTARY

INFORMATION. 

ADDRESSES:

Public Meeting: The public meeting 

will be held at the Mark Center 

Auditorium, 4800 Mark Center Drive, 

Alexandria, VA 22350–3603. The Mark 

Center Auditorium is located on level 

B–1 of the building. 

Submission of Comments: Submit 

comments identified by DFARS Case 

2017–D019, using any of the following 

methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for 

‘‘DFARS Case 2017–D019.’’ Select 

‘‘Comment Now’’ and follow the 

instructions provided to submit a 

comment. Please include ‘‘DFARS Case 

2017–D019’’ on any attached 

documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2017–D019 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

Williams, OUSD(A&S)DPC/DARS, 

Room 3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, DPC/DARS, at 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 24, 2018, DoD published a 

proposed rule in the Federal Register on 

August 24, 2018 (83 FR 42831) to 

implement section 831 of the National 

Defense Authorization Act for Fiscal 

Year 2017, which addresses the 

preference for performance-based 

payments, and to streamline the 

performance-based payment process. 

DoD is also proposing to amend the 

Defense Federal Acquisition Regulation 

Supplement to revise progress payments 

and performance-based payments 

policies for DoD contracts in order to 

increase its business effectiveness and 

efficiency as well as to provide an 

opportunity for both small and other 

than small entities to qualify for 

increased customary progress payment 

rates and maximum performance-based 

payment rates based on whether the 

offeror/contractor has met certain 

performance criteria. 

II. Public Meeting 

DoD is hosting a public meeting on 

September 14, 2018, to obtain views of 

experts and interested parties in 

Government and the private sector 

regarding revising policies and 

procedures with regard to customary 

progress payment rates and maximum 

performance-based payment rates for 

DoD contracts. 

Registration: Individuals wishing to 

attend the public meeting must register 

by 12 p.m., EST, on September 11, 2018, 

to ensure adequate room 

accommodations and to facilitate 

security screening and entry to the Mark 

Center. Individuals desiring to attend 

the meeting, who have not yet 

registered, should send the following 

information via email to osd.dfars@

mail.mil: 

(1) Company or organization name. 

(2) Full name, valid email address, 

and telephone number of each person 

planning to attend, and whether the 

individual is a U.S. citizen. 


daltland on DSKBBV9HB2PROD with PROPOSALS