93872 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Proposed Rules 

(d) Engaging in dispute resolution 

services provided by OGIS. Mediation is 

a voluntary process. If OPIC agrees to 

participate in the mediation services 

provided by OGIS, it will actively 

engage as a partner to the process in an 

attempt to resolve the dispute. 

(e) When appeal is required. Before 

seeking court review, a requester 

generally must first submit a timely 

administrative appeal. 

Dated: December 15, 2016. 

Nichole Skoyles, 

Administrative Counsel, Department of Legal 

Affairs. 

[FR Doc. 2016–30661 Filed 12–21–16; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0727; FRL–9957–13– 

Region 9] 

Limited Federal Implementation Plan; 

Prevention of Significant Deterioration 

Requirements for Fine Particulate 

Matter (PM2.5); California; North Coast 

Unified Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In this rulemaking, the 

Environmental Protection Agency (EPA) 

is proposing a limited Federal 

Implementation Plan (FIP) under the 

Clean Air Act (CAA or Act) to apply to 

the North Coast Unified Air Quality 

Management District (North Coast 

Unified AQMD or District) in California. 

This limited FIP would implement 

provisions to regulate fine particulate 

matter (PM2.5) under the CAA 

Prevention of Significant Deterioration 

(PSD) program within the District. The 

EPA previously issued two findings of 

failure to submit a State Implementation 

Plan (SIP) addressing these PSD 

requirements and also issued a partial 

disapproval action applicable to the 

North Coast Unified AQMD portion of 

the California SIP that triggered the duty 

under CAA section 110(c)(1) for the EPA 

to promulgate this limited FIP. If we 

finalize this action as proposed, the EPA 

will be the CAA PSD permitting 

authority for any new or modified major 

sources subject to PSD review for PM2.5

or its precursors within the District. 

DATES: Any comments must arrive by 

January 23, 2017. If a public hearing is 

held, the public comment period will 

automatically be extended and will 

close on February 13, 2017. Public 

Hearing: If any party contacts us in 

writing by December 29, 2016 to request 

that a public hearing be held, we will 

hold a public hearing on January 13, 

2017 at 9:00 a.m. Please see the 

ADDRESSES and SUPPLEMENTARY

INFORMATION sections of this notice for 

additional information on the public 

hearing and how to determine whether 

the comment period has been extended. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R09–OAR–2016–0727 at http://

www.regulations.gov, or via email to 

r9airpermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index for this rulemaking. Although 

listed in the index, some information is 

not publicly available (e.g., 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 at www.regulations.gov or 

in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105, during normal business hours. 

For security purposes, please contact 

the persons identified in the FOR

FURTHER INFORMATION CONTACT section 

during normal business hours to view a 

hard copy of the docket. 

Public Hearing: A public hearing, if 

requested, will be held in EPA Region 

IX’s Conference Center, located at 75 

Hawthorne St., San Francisco, CA 

94105. Please refer to the 

SUPPLEMENTARY INFORMATION section for 

additional information on the public 

hearing. 

FOR FURTHER INFORMATION CONTACT: 

Public hearing and comment period: 

Thien Khoi Nguyen, (415) 947–4120 or 

nguyen.thien@epa.gov. 

Technical information: Laura 

Yannayon, (415) 972–3534 or 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Public Hearing: If you wish to request 

a public hearing and present testimony 

at the hearing, you must make your 

request in writing to Ms. Nguyen of EPA 

Region IX on or before December 29, 

2016. Ms. Nguyen’s contact information 

is found in FOR FURTHER INFORMATION

CONTACT section. If no requests for a 

public hearing are received by close of 

business on December 29, 2016, a 

hearing will not be held; please contact 

Ms. Nguyen or check the EPA’s Public 

Notice Web site at https://www.epa.gov/ 

publicnotices to verify if the hearing 

will actually be held and whether the 

comment period will be automatically 

extended. 

At the hearing, the hearing officer 

may limit oral testimony to 5 minutes 

per person. The hearing will be limited 

to the subject matter of this proposal, 

the scope of which is discussed below. 

The EPA will not respond to comments 

during the public hearing. When we 

publish our final action we will provide 

a written response to all written or oral 

comments received on the proposal. 

Any member of the public may provide 

written or oral comments pertaining to 

our proposal at the hearing. Note that 

any written comments and supporting 

information submitted during the 

comment period will be considered 

with the same weight as any oral 

comments presented at the public 

hearing. Interested parties may also 

submit written comments, as discussed 

elsewhere in this notice. 

Table of Contents 

I. Background 

II. Proposed Action 

III. Statutory and Executive Order Reviews 

I. Background 

In 2008, the EPA promulgated a 

rulemaking finalizing regulations to 

implement the New Source Review 


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1 Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less than 2.5 

Micrometers (PM2.), 73 FR 28321 (May 16, 2008). 2Prevention of Significant Deterioration (PSD) for 

Particulate Matter Less than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact Levels 

(SILs) and Significant Monitoring Concentrations 

(SMC), 75 FR 64864 (Oct. 20, 2010). The PM2.5

Increments Rule also promulgated several optional 

revisions to the PSD permitting program which are 

not addressed in this notice. 3We refer to such SIP revision submittals as 

‘‘infrastructure’’ SIPs because they are intended to 

address the basic structural SIP requirements for 

new or revised NAAQS. 

4 78 FR 2882, 2889. 

5See 78 FR at 2886. 

6 81 FR 18766. 

7The EPA’s April 1, 2016 partial disapproval 

action for infrastructure SIP requirements in CAA 

sections 110(a)(2)(C), (D)(i)(II), and (J) for the North 

Coast Unified AQMD was also based on the EPA’s 

finding that the District’s SIP-approved PSD 

program did not regulate oxides of nitrogen (NOX) 

as an ozone precursor. 81 FR at 18773. However, 

we noted in that action that the EPA had already 

promulgated a limited FIP on August 8, 2011 to 

remedy that SIP deficiency, and thus our 2016 

partial disapproval action did not trigger a new PSD 

FIP obligation related to NOX as an ozone precursor. 

See 81 FR at 18773, 18775; see also 76 FR 48006 

(Aug. 8, 2011). 

8See 81 FR at 18775–18776. 

9 79 FR 51913. 

program for PM2.5 (PM2.5 NSR Rule).1

The PM2.5 NSR Rule required, among 

other things, that states develop SIPs 

addressing the PSD permitting 

requirements for the regulation of major 

stationary sources and major 

modifications of PM2.5 emissions, 

including such sources emitting 

precursors of PM2.5. In 2010, the EPA 

promulgated a rulemaking amending the 

PSD program regulations for PM2.5 to 

add provisions governing the maximum 

allowable increases in ambient pollutant 

concentrations (increments), with which 

new major stationary sources and major 

modifications of PM2.5 and PM2.5

precursor emissions must demonstrate 

compliance as a condition of obtaining 

a PSD permit (PM2.5 Increments Rule).2

The PM2.5 Increments Rule requires 

states to submit SIPs modifying their 

PSD permitting regulations to 

incorporate the PM2.5 increment 

provisions. 

On January 15, 2013, the EPA issued 

a finding of failure to submit for the 

State of California in which it found that 

California had failed to make an 

infrastructure 3 SIP submittal providing 

certain required basic program elements 

of CAA section 110(a)(2) necessary to 

implement the 2008 Ozone National 

Ambient Air Quality Standard 

(NAAQS).4 Relevant here, the EPA 

found that California had not submitted 

a SIP to address the PSD permitting 

requirements of CAA section 

110(a)(2)(C), (D)(i)(II), and (J) for areas 

including the North Coast Unified 

AQMD. That finding resulted in a 

deadline of February 14, 2015, for the 

EPA to promulgate a FIP pursuant to 

CAA section 110(c)(1) to address the 

outstanding SIP elements unless, prior 

to that time, the State submitted, and 

the EPA approved, a SIP that corrected 

the identified deficiencies.5

On April 1, 2016, the EPA published 

a final rule partially approving and 

partially disapproving several CAA 

infrastructure SIP revisions submitted 

by the State of California related to the 

implementation, maintenance and 

enforcement of the NAAQS for ozone, 

PM2.5, lead, nitrogen dioxide (NO2), and 

sulfur dioxide (SO2).6 We partially 

disapproved a portion of these 

infrastructure SIP submittals as they 

pertained to the North Coast Unified 

AQMD with respect to the PSD-related 

requirements of CAA sections 

110(a)(2)(C), (D)(i)(II), and (J) for all of 

these NAAQS, in part because we found 

that the District’s SIP-approved PSD 

program did not include requirements 

for the regulation of PM2.5 and PM2.5

precursors, condensable PM2.5, or PSD 

increments for PM2.5.7 This 

infrastructure SIP partial disapproval 

action also triggered a duty for the EPA 

to promulgate a FIP pursuant to CAA 

section 110(c)(1) to address the 

identified deficiencies related to the 

District’s PSD program for PM2.5, unless, 

prior to that time, the State submitted, 

and the EPA approved, a SIP that 

corrected the identified deficiencies.8

The EPA has not approved a SIP 

revision for California to date that 

would address the North Coast Unified 

AQMD’s SIP deficiencies relating to the 

PSD program for PM2.5. Thus, for these 

PM2.5 PSD requirements, the EPA 

remains subject to the duty to 

promulgate a FIP for the District that 

was triggered by our January 15, 2013 

finding of failure to submit and our 

April 1, 2016 partial disapproval action 

for the infrastructure SIP requirements 

for the NAAQS discussed above. 

On September 2, 2014 the EPA 

published a final rule finding that the 

North Coast Unified AQMD had failed 

to make a complete submittal to address 

new requirements for PM2.5 increments 

in its PSD program as required by 

implementing regulations that the EPA 

promulgated on October 20, 2010.9 That 

finding resulted in a duty and a 

deadline of October 2, 2016, for the EPA 

to promulgate a FIP pursuant to CAA 

section 110(c)(1) to address these 

outstanding SIP elements unless, prior 

to that time, the State submitted, and 

the EPA approved, a SIP that corrected 

the identified deficiencies. As noted 

above, the EPA has not approved a SIP 

revision for California that would 

address the requirements for PM2.5

increments in the PSD program for the 

North Coast Unified AQMD, thus the 

EPA remains subject to the requirement 

that it promulgate a FIP to do so. 

II. Proposed Action 

In this rulemaking, the EPA is 

promulgating a limited FIP to apply the 

EPA’s PSD regulatory program under 40 

CFR 52.21 to sources subject to PSD 

review for emissions of PM2.5 or PM2.5

precursors in the North Coast Unified 

AQMD. CAA section 110(c)(1) requires 

the Administrator to promulgate a FIP at 

any time within two years after the 

Administrator either finds that a state 

has failed to make a required 

submission or disapproves a state’s SIP 

in whole or in part, unless the state 

submits and the EPA approves a SIP 

that corrects the deficiency before the 

Administrator promulgates a FIP. As 

indicated earlier in this notice, the EPA 

has not approved a PSD SIP revision for 

California to regulate PM2.5 and PM2.5

precursors in the North Coast Unified 

AQMD that would address the District’s 

PM2.5 PSD program deficiencies 

identified in the January 15, 2013, 

September 2, 2014, and April 1, 2016 

EPA actions discussed above. 

Accordingly, as authorized by CAA 

section 110(c)(1), the EPA is proposing 

to promulgate a limited FIP for the 

North Coast Unified AQMD in order to 

address the identified deficiencies in 

the State’s PSD program with respect to 

the regulation of major stationary 

sources and major modifications of 

sources subject to PSD review for 

emissions of PM2.5 or PM2.5 precursors. 

The limited FIP proposed in this 

action consists of the EPA regulations 

found in 40 CFR 52.21, including the 

PSD applicability provisions, with a 

limitation to assure that, strictly for 

purposes of this rulemaking, the FIP 

applies only to the regulation of PM2.5

and PM2.5 precursors. Accordingly, for 

the purposes of ensuring compliance 

with the PSD permitting requirements 

with respect to PM2.5 and PM2.5

precursors for sources within the North 

Coast Unified AQMD, the EPA would 

serve as the PSD permitting authority. 

We note that the EPA has previously 

promulgated limited CAA PSD FIPs for 

the North Coast Unified AQMD to 

implement the federal PSD permitting 

program under 40 CFR 52.21 for certain 

other sources and pollutants, including 

the PSD program as it regulates NOX as 

an ozone precursor, as discussed above; 

these limited FIPs remain in effect. See 

40 CFR 52.270(b)(2). The EPA and the 

District have entered into partial 

delegation agreements pursuant to 40 

CFR 52.21(u), dated January 8, 1993 and 


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10 If the EPA takes final action to promulgate this 

limited PSD FIP for PM2.5 and PM2.5 precursors, the 

District may similarly seek a partial delegation of 

authority from the EPA, pursuant to 40 CFR 

52.21(u), to conduct PSD review for the sources 

regulated under this limited PSD FIP. 

October 6, 2015, whereby the EPA has 

delegated authority to the District to 

conduct PSD review for certain sources 

subject to these limited PSD FIPs.10 For 

all other major emitting facilities and 

pollutants not covered by the limited 

PSD FIPs applicable to the District as 

specified in 40 CFR 52.270(b)(2), the 

North Coast Unified AQMD will 

continue to serve as the PSD permitting 

authority under its SIP-approved PSD 

program. 

This proposed FIP is narrow in scope, 

in that it will only address the PM2.5

PSD deficiencies for the District that 

were identified in our 2016 

infrastructure SIP partial disapproval 

action. We note that such deficiencies 

include the deficiencies for PSD 

requirements for PM2.5 increments that 

were also the focus of the EPA’s 

September 2, 2014 finding of failure to 

submit action. 

If finalized, today’s proposed limited 

FIP action would satisfy the remaining 

FIP requirements for the North Coast 

Unified AQMD that were triggered by 

our January 15, 2013 finding of failure 

to submit relating to ozone 

infrastructure SIP requirements; our 

September 2, 2014 finding of failure to 

submit related to the District’s PSD 

requirements for PM2.5 increments; and 

our April 1, 2016 partial disapproval 

action for the infrastructure SIP 

requirements for the NAAQS for ozone, 

PM2.5, lead, NO2, and SO2. The 

proposed FIP will be codified in 40 CFR 

52.270(b)(2)(v). 

If finalized, this limited FIP will 

remain in place until California submits 

a SIP revision addressing the identified 

deficiencies relating to the District’s 

PSD program for PM2.5 and we approve 

that SIP revision. The EPA is soliciting 

public comments on this proposal and 

will accept comments until the date 

noted in the ‘‘DATE’’ section above. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

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 and therefore was not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

OMB has previously approved the 

information collection requirements 

contained in the existing regulations for 

PSD (e.g., 40 CFR 52.21) under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0003. The OMB control numbers for the 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities. 

Although this rule could lead to federal 

permitting requirements for a handful of 

sources in the North Coast Unified 

AQMD, the EPA believes that in such an 

event, there will not be a significant 

economic impact on the potentially 

affected sources and that any such 

impacts would not affect a substantial 

number of sources, regardless of size. 

In this action, the EPA is proposing a 

narrow FIP that would apply federal 

PSD regulations for certain new or 

modified major stationary sources with 

emissions of PM2.5 or its precursors 

within the North Coast Unified AQMD. 

General PSD requirements for major 

emitting facilities with emissions of 

other regulated NSR pollutants already 

apply within the District, thus the 

incremental impact associated with 

application of the specific requirements 

of the PSD regulations for certain 

sources emitting PM2.5 or its precursors 

is expected to be relatively minor. In 

addition, there are few major emitting 

facilities currently located in the District 

that would be subject to the 

requirements of the FIP. The EPA is not 

aware of any specific new sources that 

would be subject to regulation under 

our proposed narrow FIP in the future. 

For these reasons, the EPA anticipates 

that any additional burden imposed as 

a result of this proposed FIP would be 

minimal and would affect few, if any, 

sources. Accordingly, the EPA does not 

believe that such a FIP would have a 

significant economic impact on sources 

in the District, regardless of size. 

D. Unfunded Mandates Reform Act 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. 

While the EPA’s proposed action will 

lead to the application of federal PSD 

regulations for PM2.5 to sources within 

the North Coast Unified AQMD, general 

PSD requirements for major emitting 

facilities with emissions of other 

regulated NSR pollutants already apply 

within the District, and thus the 

incremental impact associated with 

application of the specific requirements 

of the PSD regulations for certain 

sources emitting PM2.5 or its precursors 

is expected to be relatively minor. In 

addition, there are few major emitting 

facilities currently located in the District 

that would be subject to the 

requirements of the FIP. The EPA is not 

aware of any specific new sources that 

would be subject to regulation under 

our proposed narrow FIP in the future. 

Accordingly, the EPA has determined 

that this action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and that it will not 

significantly or uniquely affect small 

governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It 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. 

F. Executive Order 13175: Coordination 

and Consultation With Indian Tribal 

Governments 

This action 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. The FIP 

is not proposed to apply on any Indian 

reservation land or in any other area 

where the 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. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 


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disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because, as a limited FIP establishing 

PSD regulatory requirements for the 

PM2.5 NAAQS for certain sources 

located in the North Coast Unified 

AQMD, it implements a previously 

promulgated federal standard. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

This action does not affect the level of 

protection provided to human health or 

the environment. With this action, the 

EPA is only proposing to implement the 

PSD permitting requirements mandated 

by the CAA in order to ensure 

compliance with the PM2.5 NAAQS and 

PM2.5 increments, which were 

promulgated in separate, prior 

rulemakings. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by Reference, 

Intergovernmental relations, Lead, 

Nitrogen oxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide. 

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

Dated: December 14, 2016. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

For the reasons set forth in the 

preamble, the EPA proposes to amend 

40 CFR part 52 as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Amend § 52.270 by adding 

paragraph (b)(2)(v) to read as follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(2) * * * 

(v) Those projects that are major 

stationary sources or major 

modifications for emissions of PM2.5 or 

its precursors under § 52.21, and those 

projects that are major stationary 

sources under § 52.21 with the potential 

to emit PM2.5 or its precursors at a rate 

that would meet or exceed the rates 

specified at § 52.21(b)(23)(i). 

* * * * * 

[FR Doc. 2016–30768 Filed 12–21–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 213, 219, 237, and 

252 

[Docket DARS–2016–0034] 

RIN 0750–AJ06 

Defense Federal Acquisition 

Regulation Supplement: Competition 

for Religious-Related Services 

Contracts (DFARS Case 2016–D015) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 

Defense Authorization Act that provides 

the competition requirements for 

religious-related services contracts on a 

U.S. military installation. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

February 21, 2017, to be considered in 

the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2016–D015, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for 

‘‘DFARS Case 2015–D015.’’ Select 

‘‘Comment Now’’ and follow the 

instructions provided to submit a 

comment. Please include ‘‘DFARS Case 

2015–D015’’ on any attached 

documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2016–D015 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Lee 

Renna, OUSD(AT&L)DPAP/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. 

Lee Renna, telephone 571–372–6095. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement section 898 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2016 (Pub. 

L. 114–92). Section 898 requires that 

DoD not preclude a nonprofit 

organization from competing for a 

contract for religious-related services on 

a U.S. military installation. Religiousrelated services typically performed on 

U.S. military installations range from 

choir and pastoral services, to 

counseling of service members and their 

families to help them deal with the 

unique pressures and stresses associated 

with military service. The latter 

includes, but is not limited to, suicide 

prevention; coping with post-traumatic 

stress, depression, and sexual assault; 

providing marriage and family 

counseling; and providing religious and 

moral guidance. The Senate Committee 

Report 114–49 associated with the 

NDAA for FY 2016 made the following 

statement regarding the 

recommendation for a provision to 

ensure non-profit organizations can 

compete on contracts for such religiousrelated services: 

‘‘It has come to the committee’s attention 

that the Department of Defense has at times 

restricted competition for religious services 

contracts on U.S. military installations to forprofit firms. The committee believes certain 

non-profit entities such as religious 

organizations can provide valuable 

competition and are well-qualified to 

participate in this particular category of 

services and should not be precluded from 

competing for these types of contracts.’’ 

II. Discussion and Analysis 

The following changes to the DFARS 

are proposed to implement section 898 


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