Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 51955 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0512; FRL–9932–81– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Infrastructure SIP 

Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve an element of a State 

Implementation Plan (SIP) submission 

from the State of Kansas addressing the 

applicable requirements of Clean Air 

Act (CAA) section 110 for the 2008 

National Ambient Air Quality Standards 

(NAAQS) for Ozone (O3), which 

requires that each state adopt and 

submit a SIP to support implementation, 

maintenance, and enforcement of each 

new or revised NAAQS promulgated by 

EPA. These SIPs are commonly referred 

to as ‘‘infrastructure’’ SIPs. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This direct final rule will be 

effective October 26, 2015, without 

further notice, unless EPA receives 

adverse comment by September 28, 

2015. If EPA receives adverse comment, 

we will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0512, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: kemp.lachala@epa.gov. 

3. Mail or Hand Delivery: Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0512. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., 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 in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m. to 4:30 p.m., 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7214 or by email at 

kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we refer 

to EPA. This section provides additional 

information by addressing the following 

questions: 

I. Background 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Review 

I. Background 

On July 16, 2014, (79 FR 41486), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Kansas. The NPR proposed approval of 

Kansas’ submission that provides the 

basic elements specified in section 

110(a)(2) of the CAA, or portions 

thereof, necessary to implement, 

maintain, and enforce the 2008 O3

NAAQS. EPA subsequently published 

the final rulemaking on October 21, 

2014, (79 FR 62861). EPA did not act on 

the visibility protection portion of 

section 110(a)(2)(J) of the CAA at that 

time. 

II. Summary of SIP Revision 

On March 19, 2013, and May 9, 2013, 

EPA received SIP submissions from the 

state of Kansas that address the 

infrastructure elements specified in 

section 110(a)(2) of the CAA for the 

2008 O3 NAAQS. The submissions 

addressed the following infrastructure 

elements of section 110(a)(2): (A), (B), 

(C), (D), (E), (F), (G), (H), (J), (K), (L), and 

(M). Specific requirements of section 

110(a)(2) of the CAA and the rationale 

for EPA’s proposed action to approve 

the SIP submission are explained in the 

NPR and will not be restated here. 

Under section 110(a)(2)(J) of the CAA, 

states are required to submit SIPs that 

meet, among other provisions, part C of 

the CAA, relating to prevention of 

significant deterioration of air quality 

and visibility protection. With respect to 

the visibility component of section 

110(a)(2)(J) of the CAA, Kansas stated in 

its 2008 O3 NAAQS infrastructure SIP 

submissions that EPA had finalized 

approval of the Kansas Regional Haze 

SIP on December 27, 2011 (76 FR 

80754). In that rulemaking, EPA 

determined that Kansas’ Regional Haze 

Plan met the CAA requirements for 

preventing future and remedying 

existing impairment of visibility caused 

by air pollutants. However, EPA did not 

act on the visibility protection portion 

of section 110(a)(2)(J) of the CAA in its 

final rule that approved portions of 

Kansas’ 2008 O3 NAAQS infrastructure 

SIP submissions. 

EPA recognizes that states are subject 

to visibility and regional haze program 

requirements under part C of the CAA. 

However, when EPA establishes or 

revises a NAAQS, these visibility and 

regional haze requirements under part C 


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51956 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 

do not change. EPA believes that there 

are no new visibility protection 

requirements under part C as a result of 

a revised NAAQS. Therefore, there are 

no newly applicable visibility 

protection obligations pursuant to 

element J after the promulgation of a 

new or revised NAAQS. EPA is 

therefore approving Kansas’ SIP as it 

satisfies the applicable visibility 

requirements of Element J with respect 

to the 2008 O3 NAAQS as there are no 

new applicable visibility requirements 

triggered by the 2008 O3 NAAQS. 

III. Final Action 

EPA is taking direct final action to 

approve the visibility protection portion 

of section 110(a)(2)(J) of the CAA with 

regard to the March 19, 2013, and May 

9, 2013, infrastructure SIP submissions 

from the state of Kansas. 

Based upon review of the state’s 

infrastructure SIP submissions and 

relevant statutory and regulatory 

authorities and provisions referenced in 

the submission or referenced in Kansas’ 

SIP, EPA is approving Kansas’ SIP 

submittals as they satisfy the applicable 

visibility requirements of section 

110(a)(2)(J) of the CAA with respect to 

the 2008 O3 NAAQS as there are no new 

applicable visibility requirements 

triggered by the 2008 O3 NAAQS. 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the SIP 

revision if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. If 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

IV. Statutory and Executive Order 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 Clean Air Act; 

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). 

The SIP 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 26, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: August 12, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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 R—Kansas 

■ 2. In § 52.870, the table in paragraph 

(e) is amended by adding the entry ‘‘(41) 

Section 110(a)(2) Infrastructure 

Requirements for the 2008 O3 NAAQS’’ 

in numerical order at the end of the 

table to read as follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 51957 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic 

area or nonattainment 

area 

State submittal 

date EPA approval date Explanation 

*******

(41) Section 110(a)(2) 

Infrastructure Requirements for the 2008 O3

NAAQS.

Statewide ..................... 3/19/2013 8/27/2015 [Insert Federal Register citation].This action addresses the visibility protection 

portion of section 110(a)(2)(J) of the CAA. 

[FR Doc. 2015–20892 Filed 8–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1845 and 1852 

RIN 2700–AE23 

NASA Federal Acquisition Regulation 

Supplement: NASA Capitalization 

Threshold (NFS Case 2015–N004) 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Interim rule. 

SUMMARY: The National Aeronautics and 

Space Administration (NASA) is issuing 

an interim rule amending the NASA 

FAR Supplement to increase the NASA 

capitalization threshold from $100,000 

to $500,000. 

DATES: Effective August 27, 2015. 

Comment Date: Comments on this 

interim rule should be submitted in 

writing to the address shown below on 

or before October 26, 2015 to be 

considered in the formation of the final 

rule. 

ADDRESSES: Interested parties may 

submit comments identified by NFS 

Case 2015–N004, using any of the 

following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘NFS Case 2015–N004’’ under 

the heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘NFS Case 2015–N004.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘NFS Case 2015–N004’’ on your 

attached document. 

Æ Email: Andrew.ORourke@

NASA.gov. Include NFS Case 2015– 

N004 in the subject line of the message. 

Æ Fax: (202) 358–3082. 

Æ Mail: National Aeronautics and 

Space Administration, Headquarters, 

Office of Procurement, Contract and 

Grant Policy Division, Attn: Andrew 

O’Rourke, Room 5L32, 300 E. Street 

SW., Washington, DC 20546–0001. 

FOR FURTHER INFORMATION CONTACT: 

Andrew O’Rourke, NASA Office of 

Procurement, Contract and Grant Policy 

Division, 202–358–4560, email: 

andrew.orourke@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Statement of 

Federal Financial Accounting Standard 

(SFFAS) No. 6, Accounting for Property, 

Plant, and Equipment, federal agencies 

are to record as property and equipment 

all items that meet certain 

characteristics, such as a useful life of 

2 years or more, and are permitted to 

establish individual capitalization 

thresholds and useful life policies due 

to their diverse size and uses of 

property, plant & equipment. SFFAS 

No. 6 was issued in November 1995 and 

was effective for fiscal years beginning 

after September 30, 1997. The current 

NASA capitalization threshold of 

$100,000, was established when SFFAS 

6 was initially implemented and is in 

the NFS. 

The Government Accountability 

Office (GAO) recommends that 

capitalization thresholds should be 

periodically reevaluated to help ensure 

their continuing relevance and are tied 

to materiality as well, in that they 

generally are established at a level that 

would not omit a significant amount of 

assets from the balance sheet, which 

could materially misstate the financial 

statements of an entity or its 

components. 

Recently, the NASA Office of the 

Chief Financial Officer conducted a 

review of the current NASA 

capitalization threshold of $100,000 and 

based on this review it was determined 

to increase the capitalization threshold 

from $100,000 to $500,000. 

II. Discussion 

This interim rule revises NFS parts 

1845 and 1852 by increasing an already 

established NASA capitalization 

threshold from $100,000 to $500,000. 

Specifically, the proposed changes are 

as follows: 

• Added a new paragraph (b) to 

section 1845.301–71. 

• Changed capitalization threshold 

amount from $100,000 to $500,000 in 

sections 1845.7101–1, 1845.7101–2, 

1845.7101–3, 1852.245–70, and 

1852.245–78. 

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 rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866. This rule is not 

a major rule under 5 U.S.C. 804. 

IV. Regulatory Flexibility Act 

NASA does not expect this interim 

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 the objective of this 

interim rule is to increase the already 

established NASA capitalization 

threshold from $100,000 to $500,000. 

However, an initial regulatory flexibility 

analysis has been performed and is 

summarized as follows: 

The increase in the NASA 

capitalization threshold is expected to 

benefit NASA contractors by reducing 

the administrative burden associated 

with financial reporting of NASA 

property in the custody of contractors. 

The legal basis for this rule is 51 U.S.C. 

20113(a). 

The requirements under this rule will 

apply to any contract award (including 

contracts for supplies, services, 

construction, and major systems) that 


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