22032 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1977) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the E.O. has the 

potential to influence the regulation. 

This action is not subject to E.O. 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under E.O. 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This final rule 

imposes no new requirements but does 

allow interested tribes to accept 

delegation of the existing federal 

program. 

K. Congressional Review Act 

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. The EPA will 

submit a report containing this final rule 

and other required information to the 

United States Senate, the United States 

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). This rule 

will be effective upon publication in the 

Federal Register. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Indians, Indians-law, 

and Indians-tribal government; 

Incorporation by reference. 

Dated: April 11, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, 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. 

■ 2. Amend § 52.21 by revising 

paragraphs (u)(1) and (u)(2)(i) and by 

removing paragraph (u)(3) and 

redesignating paragraph (u)(4) as 

paragraph (u)(3) to read as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(u) Delegation of authority. (1) The 

Administrator shall have the authority 

to delegate his responsibility for 

conducting source review pursuant to 

this section, in accordance with 

paragraph (u)(2) of this section. 

(2) * * * 

(i) Where the delegate agency is not 

an air pollution control agency, it shall 

consult with the appropriate state, tribe, 

and local air pollution control agency 

prior to making any determination 

under this section. Similarly, where the 

delegate agency does not have 

continuing responsibility for managing 

land use, it shall consult with the 

appropriate state, tribe, and local agency 

primarily responsible for managing land 

use prior to making any determination 

under this section. 

* * * * * 

[FR Doc. 2014–08919 Filed 4–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 69 

[EPA–R09–OAR–2013–0697; FRL–9909–18– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Commonwealth 

of the Northern Mariana Islands; 

Prevention of Significant Deterioration; 

Special Exemptions From 

Requirements of the Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act, the 

Environmental Protection Agency (EPA) 

is taking final action to disapprove the 

state implementation plan (SIP) for the 

Commonwealth of the Northern Mariana 

Islands (CNMI) with respect to 

prevention of significant deterioration 

(PSD), and to incorporate by reference 

the Federal PSD regulations into the 

applicable CNMI plan. EPA is also 

taking final action to grant a petition by 

CNMI for an exemption of the 

applicable PSD major source baseline 

date, and to establish an alternate date, 

January 13, 1997, as the major source 

baseline date and trigger date in CNMI. 

EPA is also making certain corrections 

to errors that were made in previous 

rulemakings related to the CNMI SIP. 

This action establishes the Federal PSD 

regulations as a basic element of the 

applicable CNMI plan and, through the 

exemption, establishes January 13, 1997 

as the major source baseline date (and 

trigger date) under the PSD program in 

CNMI for sulfur dioxide, PM10 and 

nitrogen dioxide. 

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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 22033 

1CNMI is an insular territory of the United States. 

CNMI consists of 15 islands of volcanic origin 

which are located approximately 145° to 146° east 

and from 14° to 20° north of the equator. The 

islands extend in a general north-south direction for 

approximately 420 nautical miles from the Island of 

Farallon de Pajaros in the north to the island of Rota 

in the south. CNMI lies in the western part of the 

Pacific Ocean and is located approximately 1,250 

miles south of Tokyo, 1,440 miles east of Manila, 

and 110 miles north of Guam. Based on Bureau of 

Census 2010 population counts, the total 

population of CNMI is approximately 54,000 with 

the majority of the population residing on Saipan. 

2While EPA is taking final action to disapprove 

the CNMI SIP with respect to PSD, such 

disapproval does not affect the validity of 

previously approved rules in the CNMI SIP. Such 

SIP rules continue to be part of the applicable CNMI 

plan unless and until EPA approves their 

revocation or revision. 

DATES: Effective Date: This rule is 

effective on May 21, 2014. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0697 for 

this action. The index to the docket is 

available electronically at https://

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., Confidential 

Business Information). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: La 

Weeda Ward, (213) 244–1812 or 

ward.laweeda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 25, 2013 (78 FR 70248), 

under section 110(k) of the Clean Air 

Act (CAA or ‘‘Act’’), EPA proposed to 

disapprove the state implementation 

plan (SIP) for the Commonwealth of the 

Northern Mariana Islands (CNMI) with 

respect to prevention of significant 

deterioration (PSD), and to incorporate 

by reference the Federal PSD regulations 

into the applicable CNMI plan.1 EPA 

also proposed to grant, under section 

325(a)(1) of the Act, a petition by CNMI 

for an exemption of the applicable PSD 

major source baseline date under 

Federal PSD regulations, and to 

establish an alternate date, January 13, 

1997, as the major source baseline date 

and trigger date for certain pollutants in 

CNMI. Lastly, under section 110(k)(6) of 

the Act, EPA proposed to make certain 

corrections to errors that were made in 

previous rulemakings involving the 

CNMI SIP. 

As explained in our November 25, 

2013 proposed rule, the action would 

establish the Federal PSD regulations as 

a basic element of the applicable CNMI 

plan and, through the exemption, would 

establish January 13, 1997 as the major 

source baseline date (and trigger date) 

under the PSD program in CNMI for 

sulfur dioxide, PM10 and nitrogen 

dioxide. 

Our November 25, 2013 proposed rule 

provides detailed background 

information related to PSD requirements 

under part C of title I of the CAA (and 

EPA’s PSD SIP requirements in 40 CFR 

51.166) and petitions by governors of 

certain territories under CAA section 

325(a) for exemptions from certain CAA 

requirements; the rationale for our 

conclusion that the CNMI SIP does not 

meet the requirements for PSD under 

part C of title I of the CAA and 40 CFR 

51.166; the rationale for granting 

CNMI’s petition for an alternate major 

source baseline date and the 

establishment of January 13, 1997 as the 

PSD major source baseline date and 

trigger date (with respect to sulfur 

dioxide, PM10, and nitrogen dioxide); 

and a description of the specific 

corrections to previous SIP actions that 

are needed to better identify and clarify 

the contents of the CNMI SIP as set forth 

in 40 CFR part 52. The reader is directed 

to the proposed rule for the details, 

which are not repeated here. 

II. Public Comments and EPA 

Responses 

Our November 25, 2013 proposed rule 

provided a 30-day comment period and 

an opportunity to request a public 

hearing. During this period, we received 

no comments on our proposed action 

and no request for a public hearing. 

III. Final Action 

Under section 110(k) of the CAA, EPA 

is taking final action to disapprove the 

CNMI SIP with respect to PSD, and 

incorporate by reference the Federal 

PSD regulations into the applicable 

CNMI plan.2 EPA is also taking final 

action to grant a petition by CNMI for 

an exemption of the PSD major source 

baseline date, and to establish an 

alternate date, January 13, 1997, as the 

major source baseline date and trigger 

date for sulfur dioxide, PM10, and 

nitrogen dioxide in CNMI. Lastly, in 

addition to making conforming 

amendments to 40 CFR part 52, subparts 

A and FFF and to 40 CFR part 69, 

subpart C, EPA is also making certain 

corrections to certain errors in 40 CFR 

part 52 that were made in previous 

rulemakings involving the CNMI SIP. 

This action establishes EPA’s PSD 

regulations as a basic element of the 

applicable CNMI plan, and, through the 

exemption, establishes a major source 

baseline date and trigger date for sulfur 

dioxide, PM10, and nitrogen dioxide on 

CNMI of January 13, 1997. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (E.O.) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review by the Office of 

Management and Budget (OMB) under 

E.O. 12866 and E.O. 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 

C. Regulatory Reduction Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

This rule will not have a significant 

impact on a substantial number of small 

entities because, while the disapproval 

of the CNMI SIP with respect to PSD 

will lead to the application of the 

Federal PSD regulations to CNMI, the 

basic PSD statutory requirements for 

major emitting facilities to obtain a PSD 

permit already apply within CNMI, and 

the incremental impact associated with 

application of the specific requirements 

under the Federal PSD regulations will 

be offset by EPA’s grant of CNMI’s 

petition for an exemption from the 

original PSD major source baseline 

dates. Therefore, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

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22034 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

D. Unfunded Mandates Reform Act 

Under section 202 of the Unfunded 

Mandates Reform Act of 1995 

(‘‘Unfunded Mandates Act’’), signed 

into law on March 22, 1995, EPA must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

may result in estimated costs to State, 

local, or tribal governments in the 

aggregate; or to the private sector, of 

$100 million or more. Under section 

205, EPA must select the most costeffective and least burdensome 

alternative that achieves the objectives 

of the rule and is consistent with 

statutory requirements. Section 203 

requires EPA to establish a plan for 

informing and advising any small 

governments that may be significantly 

or uniquely impacted by the rule. 

EPA has determined that the 

disapproval of the CNMI SIP with 

respect to PSD, considered together with 

the incorporation of the Federal PSD 

regulations, and grant of an exemption 

request with respect to the PSD major 

source baseline date, does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 

to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. While the disapproval of 

the CNMI SIP with respect to PSD will 

lead to the application of the Federal 

PSD regulations to CNMI, the basic PSD 

statutory requirements for major 

emitting facilities to obtain a PSD 

permit already apply within CNMI, and 

the incremental impact associated with 

application of the specific requirements 

under the Federal PSD regulations will 

be offset by EPA’s grant of CNMI’s 

petition for an exemption from the 

original PSD major source baseline 

dates. Accordingly, the additional costs 

to State, local, or tribal governments, or 

to the private sector, will not be 

significant for the purposes of section 

202 of the Unfunded Mandates Act. 

E. Executive Order 13132, Federalism 

Federalism (64 FR 43255, August 10, 

1999) revokes and replaces Executive 

Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental 

Partnership). Executive Order 13132 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ Under 

Executive Order 13132, EPA may not 

issue a regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

merely disapproves the CNMI SIP with 

respect to PSD, incorporates the Federal 

PSD regulations, and grants an 

exemption request with respect to the 

PSD major source baseline date, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this rule. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, 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. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

disapproves the CNMI SIP with respect 

to PSD, incorporates the Federal PSD 

regulations, and grants an exemption 

request with respect to the PSD major 

source baseline date. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order (E.O.) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

This rulemaking includes a review of 

the CNMI SIP relative to PSD 

requirements, incorporation of EPA’s 

PSD regulation into the applicable 

CNMI plan, and a grant of an exemption 

to CNMI to the original PSD major 

source baseline dates. With respect to 

EPA’s review of the CNMI SIP, EPA’s 

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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 22035 

role is to approve or disapprove state 

choices, based on the criteria of the 

Clean Air Act, and incorporation of 

EPA’s PSD regulation is the established 

remedy for disapproval of the CNMI SIP 

with respect to PSD. Thus, the EPA 

lacks the discretionary authority to 

address environmental justice in those 

two aspects of this rulemaking. 

EPA does have discretionary authority 

to address environment justice with 

respect to EPA’s consideration of the 

exemption request from CNMI and has 

determined that this action will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations. This is because, due to the 

lack of documentation of major source 

emissions changes from the original 

PSD baseline dates, application of the 

original major source baseline dates 

could lead to speculative and uncertain 

estimates of PSD increment 

consumption and correspondingly 

speculative and uncertain levels of 

environmental protection. In contrast, 

EPA’s grant of CNMI’s exemption 

request sets the stage for consistent and 

uniform PSD increment tracking and 

protection within CNMI. 

K. Congressional Review Act 

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 rule 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. section 804(2). 

L. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 20, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 69 

Environmental protection, Air 

pollution control. 

Dated: April 8, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, Title 40, Chapter I of the Code 

of Federal Regulations 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 A—General Provisions 

§ 52.02 [Amended] 

■ 2. Section 52.02 is amended by: 

■ a. Adding ‘‘and FFF’’ after ‘‘DDD’’ in 

paragraph (d) introductory text; and 

■ b. Adding ‘‘Commonwealth of the 

Northern Mariana Islands,’’ after 

‘‘American Samoa,’’ in paragraph 

(d)(2)(ix). 

§ 52.16 [Amended] 

■ 3. Amend § 52.16 in paragraph (b)(9) 

by adding ‘‘Commonwealth of the 

Northern Mariana Islands,’’ after 

‘‘American Samoa,’’. 

§ 52.21 [Amended] 

■ 4. Amend § 52.21 in paragraph (a)(1) 

by adding ‘‘and FFF’’ after ‘‘DDD’’ two 

times. 

Subpart FFF—Commonwealth of the 

Northern Mariana Islands 

§ 52.2920 [Amended] 

■ 5. In § 52.2920, amend the table in 

paragraph (c), by removing the entry for 

‘‘Part VIII,’’ and under ‘‘Part VIII,’’ by 

removing the entries for ‘‘Paragraph A,’’ 

‘‘Paragraph B,’’ ‘‘Paragraph C,’’ 

‘‘Paragraph D,’’ ‘‘Paragraph E,’’ 

‘‘Paragraph F,’’ ‘‘Table VIII–1,’’ 

‘‘Paragraph G,’’ and ‘‘Paragraph H.’’ 

§ 52.2921 [Amended] 

■ 6. Amend § 52.2921 in paragraph 

(c)(1)(i)(A) by removing ‘‘of lead’’ after 

‘‘major sources’’. 

■ 7. Section 52.2922 is added to read as 

follows: 

§ 52.2922 Significant deterioration of air 

quality. 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are not 

met, since the plan does not include 

approvable procedures for preventing 

the significant deterioration of air 

quality. 

(b) Regulations for preventing 

significant deterioration of air quality. 

The provisions of § 52.21 except 

paragraphs (a)(1), (b)(14)(i)(a) and (b), 

(b)(14)(ii)(a) and (b), (i)(5)(i)(c), and 

(k)(2) are hereby incorporated and made 

a part of the applicable plan for the 

Commonwealth of the Northern Mariana 

Islands. 

(c) For the purposes of applying the 

requirements of § 52.21 within the 

Commonwealth of the Northern Mariana 

Islands, the terms ‘‘major source 

baseline date’’ and ‘‘trigger date’’ mean 

January 13, 1997 in the case of sulfur 

dioxide, PM10, and nitrogen dioxide. 

PART 69—SPECIAL EXEMPTIONS 

FROM REQUIREMENTS OF THE 

CLEAN AIR ACT 

■ 8. The authority citation for part 69 

continues to read as follows: 

Authority: 42 U.S.C. 7545(c), (g) and (i), 

and 7625–1. 

Subpart C—Commonwealth of the 

Northern Mariana Islands 

■ 9. Section 69.31 is added to read as 

follows: 

§ 69.31 New Exemptions. 

(a) Change to Major Source Baseline 

Date and Trigger Date. Pursuant to 

section 325(a) of the Clean Air Act and 

a petition submitted by the Governor of 

the Commonwealth of the Northern 

Mariana Islands, EPA grants an 

exemption to the major source baseline 

dates and trigger dates for sulfur 

dioxide, PM10, and nitrogen dioxide 

under 40 CFR 52.21, and establishes 

January 13, 1997 as the major source 

baseline date and trigger date for these 

pollutants in the Commonwealth of the 

Northern Mariana Islands. This 

exemption applies solely to the PSD 

major source baseline date and trigger 

date in the Commonwealth of the 

Northern Mariana Islands. Owners and 

operators of air pollutant sources are 

required to comply with all other 

applicable requirements of the Clean Air 

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22036 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

Act. For purposes of complying with 

any applicable requirement that is 

triggered by, implemented or calculated 

from the PSD major source baseline 

date, such requirement, increment, or 

calculation shall, for sources located 

within the Commonwealth of the 

Northern Mariana Islands, use January 

13, 1997 as the PSD major source 

baseline date and trigger date for sulfur 

dioxide, PM10, and nitrogen dioxide. 

(b) [Reserved] 

[FR Doc. 2014–08611 Filed 4–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 201 

RIN 0750–AI21 

Defense Federal Acquisition 

Regulation Supplement: Contracting 

Officer’s Representative (DFARS Case 

2013–D023) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove coverage concerning 

contracting officer’s representative 

responsibilities that is procedural in 

nature. 

DATES: Effective April 21, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janetta Brewer, telephone 571–372– 

6104. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

DoD is revising DFARS 201.602–2 to 

remove guidance that is internal to DoD 

concerning contracting officer’s 

representative (COR) responsibilities. 

COR responsibilities, addressed at 

DFARS Procedures, Guidance, and 

Information (PGI) 201.602–2, are also 

being revised in conjunction with this 

DFARS change. Included in the PGI 

update is a link to the DoD COR 

Handbook, dated March 22, 2012, which 

provides detailed guidance on COR 

appointments and duties. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

Publication of proposed regulations, 

41 U.S.C. 1707, is the statute which 

applies to the publication of the Federal 

Acquisition Regulation. Paragraph (a)(1) 

of the statute requires that a 

procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because the change is not substantive 

and only modifies the internal operating 

procedures of DoD. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 201 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 201 is 

amended as follows: 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 1. The authority citation for 48 CFR 

201 continues to read as follows: 

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

chapter 1. 

■ 2. Section 201.602–2 is revised to read 

as follows: 

201.602–2 Responsibilities. 

(d) Follow the procedures at PGI 

201.602–2 regarding designation, 

assignment, and responsibilities of a 

contracting officer’s representative 

(COR). 

(1) A COR shall be an employee, 

military or civilian, of the U.S. 

Government, a foreign government, or a 

North Atlantic Treaty Organization/

coalition partner. In no case shall 

contractor personnel serve as CORs. 

[FR Doc. 2014–08858 Filed 4–18–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 216, 247, and 252 

RIN 0750–AH90 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Transportation (DFARS 

Case 2012–D057) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise and update 

transportation-related clauses and their 

prescriptions to create basic and 

alternate clauses structured in a manner 

to facilitate use of automated contract 

writing systems. The rule also includes 

the full text of each alternate, rather 

than only showing the paragraphs that 

differ from the basic clause. 

DATES: Effective April 21, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Annette Gray, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 48397 on 

August 8, 2013, to revise the 

presentation of DFARS part 247 clauses 

with alternates and their prescriptions 

in the DFARS. One respondent 

mstockstill on DSK4VPTVN1PROD with RULES