8278 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 

rule this spring. If EPA has not yet taken 

final action to reclassify the DFW area 

for the 1997 ozone standard before a 

final rulemaking revoking the 1997 

ozone NAAQS for all purposes is 

effective, and that rulemaking is 

finalized as proposed with respect to 

EPA’s obligation concerning 

reclassification of areas for the revoked 

standard, then EPA will not finalize this 

proposed reclassification for DFW. 

However, the DFW area will still be 

subject to appropriate ‘‘antibacksliding’’ requirements for the 1997 

ozone NAAQS as established in any 

final rule EPA may promulgate in 

connection with any revocation of the 

1997 standard. Anti-backsliding 

provides protection against degradation 

of air quality (e.g., the DFW area does 

not ‘‘backslide’’) and ensures the area 

continues to make progress toward 

attainment of the new, more stringent 

NAAQS. Anti-backsliding also ensures 

there is consistency with the ozone 

NAAQS implementation framework 

outlined in subpart 2 of Part D of the 

CAA (78 FR 34178, 34211). 

V. Proposed Action 

Pursuant to section 181(b)(2) of the 

Act, the EPA is proposing to determine, 

based on certified, quality-assured 

monitoring data for 2010–2012 that the 

DFW area did not attain the 1997 ozone 

standard by the applicable June 15, 2013 

attainment deadline. If the EPA finalizes 

this determination, upon the effective 

date of the final determination the DFW 

9-county nonattainment area will be 

reclassified by operation of law as a 

Severe ozone nonattainment area under 

the 1997 ozone standard. Pursuant to 

section 182(i) of the Act, the EPA is also 

proposing the schedule for submittal of 

the SIP revisions required for Severe 

areas once the DFW area is reclassified. 

The EPA is proposing that Texas submit 

to the EPA the required SIP revisions for 

the Severe attainment demonstration, 

RFP and for all other Severe area 

measures required under sections 172, 

182(c), 182(d) and 185 of the Act no 

later than one year after the effective 

date of the final rulemaking for this 

reclassification. 

VI. Statutory and Executive Order 

Reviews 

Under section 181(b)(2) of the CAA, a 

determination of nonattainment is a 

factual determination based upon air 

quality considerations and the resulting 

reclassification must occur by operation 

of law. A determination of 

nonattainment and the resulting 

reclassification of a nonattainment area 

by operation of law under section 

181(b)(2) does not in and of itself create 

any new requirements, but rather 

applies the requirements contained in 

the Clean Air Act. For these reasons, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide 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 does not 

have tribal implications because it will 

not have a substantial direct effect 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, this proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

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

Dated: February 9, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–03152 Filed 2–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 523 and 552 

[GSAR Case 2006–G506; Docket No. 2009– 

0005; Sequence No. 2] 

RIN 3090–AI82 

General Services Administration 

Acquisition Regulation (GSAR); 

Environmental, Conservation, 

Occupational Safety and Drug-Free 

Workplace 

AGENCY: Office of Acquisition Policy, 

General Services Administration. 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to update the text and clauses 

regarding Hazardous Materials 

Identification and Material Safety Data. 

The second proposed rule incorporates 

many of the changes of the proposed 

rule and makes additional modifications 

to the text. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before April 20, 

2015 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to GSAR Case 2006–G506 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

by searching for ‘‘GSAR Case 2006– 

G506.’’ Select the link ‘‘Comment Now’’ 

that corresponds with ‘‘GSAR Case 

2006–G506.’’ Follow the instructions 

provided at the ‘‘Comment Now’’ 

screen. Please include your name, 

company name (if any), and ‘‘GSAR 

Case 2006–G506’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Ms. Flowers, 1800 F 

Street NW., 2nd Floor, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2006–G506, in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 8279 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kevin Funk, Program Analyst, at 215– 

446–4860 or kevin.funk@gsa.gov, for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755. 

Please cite GSAR Case 2006–G506. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA is proposing to amend the GSAR 

to update the text and clauses regarding 

Subpart 523.3-Hazardous Materials 

Identification and Material Safety Data. 

GSA published a proposed rule in the 

Federal Register at 74 FR 11889 on 

March 20, 2009 to update the text and 

clauses regarding Hazardous Materials 

Identification and Material Safety Data. 

No comments were received in response 

to the proposed rule. This case is issued 

as a second proposed rule due to the 

length of time since the original 

proposed rule was published in 2009 

and updates to the regulations 

referenced in the General Services 

Administration Manual (GSAM) 

Subpart 523.3. 

This proposed rule changes the title of 

GSAR part 523 to ‘‘Environment, Energy 

and Water Efficiency, Renewable Energy 

Technologies, Occupational Safety, and 

Drug-Free Workplace’’, to correspond to 

the title in Federal Acquisition 

Regulation (FAR) part 23. The title for 

GSAR Subpart 523.3 is changed to 

‘‘Hazardous Material Identification and 

Material Safety Data’’ to be consistent 

with the corresponding FAR subpart. 

In addition, this rule adds a new 

hazardous materials GSAR clause 

552.223–73. GSAR clause 552.223–73, 

Preservation, Packaging, Packing, 

Marking and Labeling of Hazardous 

Materials (HAZMAT) for Shipments is 

added to require compliance by 

contractors regarding preservation, 

packaging, packing, marking and 

labeling of hazardous materials. This 

clause is also added to the provision 

and clause matrix. 

In addition, the GSAR clause 

552.212–72, Contract Terms and 

Conditions Required to Implement 

Statutes or Executive Orders Applicable 

to GSA Acquisition of Commercial 

Items, is updated to include the new 

hazardous material clause 552.223–73. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

III. Regulatory Flexibility Act 

GSA does not expect this proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because there are no substantive 

changes. Therefore, an Initial Regulatory 

Flexibility Analysis (IRFA) has not been 

performed. GSA invites comments from 

small business concerns and other 

interested parties on the expected 

impact of this rule on small entities. 

GSA will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by the rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (GSAR Case 2006–G506), in 

correspondence. 

IV. Paperwork Reduction Act 

The proposed rule does not contain 

any information collection requirements 

that require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 523 and 

552 

Government procurement. 

Dated: February 11, 2015. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of GovernmentWide Policy, General Services 

Administration. 

Therefore, GSA proposes to amend 48 

CFR parts 523 and 552 as set forth 

below: 

PART 523—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 1. The authority citation for 48 CFR 

part 523 is revised to read as follows: 

Authority: 40 U.S.C. 121(c). 

■ 2. Revise the heading of part 523 to 

read as set forth above. 

■ 3. Amend section 523.303 by revising 

the section heading and adding 

paragraph (c) to read as follows: 

523.303 Contract clauses. 

* * * * * 

(c) Insert 552.223–73, Preservation, 

Packaging, Packing, Marking and 

Labeling of Hazardous Materials 

(HAZMAT) for Shipments, in 

solicitations and contracts for packaged 

items subject to the Occupational Safety 

and Health Act and the Hazardous 

Materials Transportation Act. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. The authority citation for 48 CFR 

part 552 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 

■ 5. Amend section 552.212–72 by 

revising the introductory text, the date 

of the clause, and paragraph (b) to read 

as follows: 

552.212–72 Contract Terms and 

Conditions Required To Implement Statutes 

or Executive Orders Applicable to GSA 

Acquisition of Commercial Items. 

As prescribed in 512.301(a)(2), insert 

the following clause: 

Contract Terms and Conditions Required To 

Implement Statutes or Executive Orders 

Applicable to GSA Acquisition of 

Commercial Items (Date) 

* * * * * 

(b) Clauses. 

(1) l552.223–70 Hazardous Substances. 

(2) l552.223–71 Nonconforming 

Hazardous Material. 

(3) l552.223–73 Preservation, Packaging, 

Packing, Marking and Labeling of Hazardous 

Materials (HAZMAT) for Shipments. 

(4) l552.238–70 Identification of 

Electronic Office Equipment Providing 

Accessibility for the Handicapped. 

(5) l552.238–72 Identification of Products 

that have Environmental Attributes. 

* * * * * 

■ 6. Add section 552.223–73 to read as 

follows: 

552.223–73 Preservation, Packaging, 

Packing, Marking and Labeling of 

Hazardous Materials (HAZMAT) for 

Shipments. 

As prescribed in 523.303(c), insert the 

following clause: 

Preservation, Packaging, Packing, Marking 

and Labeling of Hazardous Materials 

(HAZMAT) for Shipments (Date) 

(a) Definition. United States, as used in this 

clause, means the 48 adjoining U.S. States, 

Alaska, Hawaii, and U.S. territories and 

possessions, such as Puerto Rico. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
8280 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 

(b) Preservation, packaging, packing, 

marking and labeling of hazardous materials 

for export shipment outside the United States 

in all transport modes shall comply with the 

following, as applicable: 

(1) International Maritime Dangerous 

Goods (IMDG) Code as established by the 

International Maritime Organization (IMO). 

(2) U.S. Department of Transportation 

(DOT) Hazardous Material Regulation (HMR) 

49 CFR parts 171 through 180. (Note: 

Classifications permitted by the HMR, but 

not permitted by the IMDG code, such as 

Consumer Commodities classed as ORM–D 

shall be packaged in accordance with the 

IMDG Code and dual marked with both 

Consumer Commodity and IMDG marking 

and labeling.) 

(3) Occupational Safety and Health 

Administration (OSHA) Regulation 29 (CFR) 

part 1910.1200. 

(4) International Air Transport Association 

(IATA), Dangerous Goods Regulation and/or 

International Civil Aviation Organization 

(ICAO), Technical Instructions. 

(5) AFMAN 24–204, Air Force InterService Manual, Preparing Hazardous 

Materials For Military Air Shipments. 

(6) Any preservation, packaging, packing, 

marking and labeling requirements contained 

elsewhere in this solicitation and contract. 

(c) Preservation, packaging, packing, 

marking and labeling of hazardous materials 

for domestic shipments within the United 

States in all transport modes shall comply 

with the following; as applicable: 

(1) U.S. Department of Transportation 

(DOT) Hazardous Material Regulation (HMR) 

49, CFR parts 171 through 180. 

(2) Occupational Safety and Health 

Administration (OSHA) Regulation 29 CFR 

part 1910.1200. 

(3) Any preservation, packaging, packing, 

marking and labeling requirements contained 

elsewhere in this solicitation and contract. 

(d) Hazardous Material Packages 

designated for outside the United States 

destinations through Forwarding Points, 

Distribution Centers, or Container 

Consolidation Points (CCPs) shall comply 

with the IMDG, IATA, ICAO or AFMAN 24– 

204 codes, as applicable. 

(e) The test certification data showing 

compliance with performance-oriented 

packaging or UN approved packaging 

requirements shall be made available to GSA 

contract administration/management 

representatives or regulatory inspectors upon 

request. 

(End of clause) 

[FR Doc. 2015–03164 Filed 2–13–15; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 141222999–5114–01] 

RIN 0648–BE72 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Trawl Rationalization Program; 

Midwater Trawl Fishery Season Date 

Change 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This action would implement 

revisions to the Pacific Coast 

Groundfish Trawl Rationalization 

Program affecting the limited entry 

midwater trawl fisheries managed under 

the Pacific Coast Groundfish Fishery 

Management Plan (FMP). This action 

would revise the Shorebased Individual 

Fishing Quota (IFQ) Program regulations 

to change the primary season opening 

date for the shorebased whiting fishery 

and the shorebased non-whiting 

midwater trawl fishery to May 15 north 

of 40°30′ N. lat. to the U.S./Canada 

border. This moves the season a month 

earlier off Washington and Oregon, and 

a month and half later off northern 

California (north of 40°30′ N. lat.), 

increasing consistency in the season 

start date along the coast and between 

the shorebased and at-sea midwater 

trawl fleets. 

DATES: Comments on this proposed rule 

must be received on or before March 19, 

2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2015–0016, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0016, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

William W. Stelle, Jr., Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070; Attn: Jamie 

Goen. 

• Fax: 206–526–6426; Attn: Jamie 

Goen. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen, 206–526–4656; 

jamie.goen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In January 2011, NMFS implemented 

a trawl rationalization program, a type 

of catch share program, for the Pacific 

coast groundfish fishery’s trawl fleet. 

The program was adopted through 

Amendment 20 to the FMP and consists 

of three sectors: An IFQ program for the 

shorebased trawl fleet (including vessels 

targeting whiting and non-whiting with 

midwater trawl gear); and cooperative 

(coop) programs for the at-sea 

mothership (MS) and catcher/processor 

(C/P) trawl fleets (whiting only). 

Since implementation, the Pacific 

Fishery Management Council (Council) 

and NMFS have been working to 

implement additional regulatory 

changes to further improve the trawl 

rationalization program and respond to 

industry requests. Changing the 

midwater trawl fishery season date 

would further increase consistency in 

the season start date along the coast and 

between the shorebased and at-sea 

midwater trawl fleets. This rule would 

revise the Shorebased IFQ Program 

regulations to change the primary 

season opening date for the midwater 

trawl fishery (whiting and non-whiting) 

to May 15 north of 40°30′ N. lat. to the 

U.S./Canada border. This would move 

the season a month earlier off 

Washington and Oregon and a month 

and half later off northern California 

(north of 40°30′ N. lat.). 

The Council discussed the season 

date change at its March and April 2012 

meetings, with final Council 

recommendations to NMFS during the 

September 2012 Council meeting. In 

addition, NMFS received further 


tkelley on DSK3SPTVN1PROD with PROPOSALS