48366 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules 

6EPA’s prior approvals relating to Oklahoma’s 

NESHAP delegation frequently noted that the 

NESHAP delegation was not approved to apply in 

areas of Indian country located in the State. See, 

e.g., 83 FR 53183 (October 22, 2018). Such prior 

expressed limitations are superseded by the EPA’s 

approval of Oklahoma’s SAFETEA request. 

7 In accordance with Executive Order 13990, EPA 

is currently reviewing our October 1, 2020 

SAFETEA approval and is engaging in further 

consultation with tribal governments and 

discussions with the State of Oklahoma as part of 

this review. EPA also notes that the October 1, 2020 

approval is the subject of a pending challenge in 

federal court. (Pawnee v. Regan, No. 20–9635 (10th 

Cir.)). Pending completion of EPA’s review, EPA is 

proceeding with this proposed action in accordance 

with the October 1, 2020 approval. EPA’s final 

action on the NESHAP delegation update will 

address the scope of the State’s program with 

respect to Indian country, and may make any 

appropriate adjustments, based on the status of our 

review at that time. If EPA’s final action on 

Oklahoma’s NESHAP delegation update is taken 

before our review of the SAFETEA approval is 

complete, EPA may make further changes to the 

approval of Oklahoma’s NESHAP delegation to 

reflect the outcome of the SAFETEA review. 

(collectively ‘‘excluded Indian country 

lands’’). 

EPA’s approval under SAFETEA 

expressly provided that to the extent 

EPA’s prior approvals of Oklahoma’s 

environmental programs excluded 

Indian country, any such exclusions are 

superseded for the geographic areas of 

Indian country covered by the EPA’s 

approval of Oklahoma’s SAFETEA 

request.6 The approval also provided 

that future revisions or amendments to 

Oklahoma’s approved environmental 

regulatory programs would extend to 

the covered areas of Indian country 

(without any further need for additional 

requests under SAFETEA). 

As explained above, the EPA is 

proposing to approve an update to the 

Oklahoma NESHAP delegation. 

Consistent with the EPA’s October 1, 

2020 SAFETEA approval, if this action 

is finalized as proposed, Oklahoma’s 

delegation of the NESHAP program will 

apply to all areas of Indian country 

within the State of Oklahoma, other 

than the excluded Indian country 

lands.7

XIV. Proposed Action 

In this action, the EPA is proposing to 

approve an update to the Oklahoma 

NESHAP delegation that would provide 

the ODEQ with the authority to 

implement and enforce certain newly 

incorporated NESHAP promulgated by 

the EPA and amendments to existing 

standards currently delegated, as they 

existed though June 30, 2019. This 

proposed delegation to ODEQ extends to 

sources and activities located in certain 

areas of Indian country, as explained in 

section XIII above. 

XV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator 

has the authority to approve section 

112(l) submissions that comply with the 

provisions of the Act and applicable 

Federal regulations. In reviewing 

section 112(l) submissions, the EPA’s 

role is to approve state choices, 

provided that they meet the criteria and 

objectives of the CAA and of the EPA’s 

implementing regulations. Accordingly, 

this proposed action would merely 

approve the State’s request as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed 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 CAA; and 

• Does not provide the 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). 

This proposal to approve Oklahoma’s 

request to update the NESHAP 

delegation will apply, if finalized as 

proposed, to certain areas of Indian 

country as discussed in section XIII 

above, and therefore has tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). However, this action will neither 

impose substantial direct compliance 

costs on federally recognized tribal 

governments, nor preempt tribal law. 

This action will not impose substantial 

direct compliance costs on federally 

recognized tribal governments because 

no actions will be required of tribal 

governments. This action will also not 

preempt tribal law as no Oklahoma tribe 

implements a regulatory program under 

the CAA, and thus does not have 

applicable or related tribal laws. 

Consistent with the EPA Policy on 

Consultation and Coordination with 

Indian Tribes (May 4, 2011), the EPA 

has offered consultation to tribal 

governments that may be affected by 

this action. 

List of Subjects 

40 CFR Part 61 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Arsenic, Benzene, 

Beryllium, Hazardous substances, 

Mercury, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Vinyl chloride. 

40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

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

Dated: August 18, 2021. 

David Garcia, 

Director, Air and Radiation Division, 

Region 6. 

[FR Doc. 2021–18164 Filed 8–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 204 

[Docket DARS–2021–0017] 

RIN 0750–AL48 

Defense Federal Acquisition 

Regulation Supplement: Contract 

Closeout Authority for DoD Services 

Contracts (DFARS Case 2021–D012) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules 48367 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2021. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

October 29, 2021, to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2021–D012, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘DFARS Case 2021–D012.’’ Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

your name, company name (if any), and 

‘‘DFARS Case 2021–D012’’ on any 

attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2021–D012 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly R. Ziegler, telephone 571– 

372–6095. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule proposes to amend DFARS 

subpart 204.8 to implement section 820 

of the National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2021 

(Pub. L. 116–283). Section 820 amends 

section 836(b) of the NDAA for FY 2017 

(Pub. L. 114–328), as modified by 

section 824 of the NDAA for FY 2018 

(Pub. L. 115–91). Section 836 authorizes 

DoD contracting officers to close out 

certain physically complete contracts or 

groups of contracts through 

modification of such contracts, without 

completing the requirements of Federal 

Acquisition Regulation (FAR) 4.804– 

5(a)(3) through (15) based upon the age 

of the contract action. 

DoD published a final rule at 84 FR 

18153 on April 30, 2019, to implement 

sections 836 of the NDAA for FY 2017 

and 824 of the NDAA for FY 2018. The 

final rule provided similar authorities 

for contracts meeting certain criteria 

that were entered into on a date that was 

at least 17 fiscal years prior to the 

current fiscal year. 

II. Discussion and Analysis 

Section 820 expands the application 

of the expedited contract closeout 

authority of section 836 of the NDAA for 

FY 2017, implemented at DFARS 

204.804(3)(i)(A), to certain contracts or 

groups of contracts that were awarded at 

least 7 or 10 fiscal years before the 

current fiscal year and have completed 

performance or delivery at least four 

years prior to the current fiscal year. 

DFARS 204.804(3)(i)(A) currently 

provides a blanket application of the 17 

fiscal year standard, when certain 

requirements at 204.804(3)(i)(B) and (C) 

are met. Section 820 provides two new 

standards, one of which provides a 

similar blanket application, but the 

number of fiscal years is reduced from 

17 to 7. The second standard of at least 

10 fiscal years only applies to contracts 

or groups of contracts for military 

construction, as defined in 10 U.S.C. 

2801, or shipbuilding. Both new 

standards require physical completion 

(see FAR 4.804–4) at least four years 

prior to the current fiscal year. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Items, Including Commercially 

Available Off-The-Shelf (COTS) Items 

This proposed rule does not create 

any new solicitation provisions or 

contract clauses. It does not impact any 

existing solicitation provisions or 

contract clauses or their applicability to 

contracts valued at or below the 

simplified acquisition threshold or for 

commercial items, including COTS 

items. 

IV. Expected Impact of the Rule 

DFARS 204.804(3)(i) currently 

provides for the expedited closeout of 

contracts or groups of contracts without 

completion of a reconciliation audit or 

other corrective actions required by FAR 

4.804–5(a)(3) through (15) if certain 

criteria are met. If a contract was 

entered into at least 17 years prior to the 

current fiscal year, is physically 

complete, and has been determined not 

reconcilable, the contracting officer may 

close the contract through a negotiated 

settlement. 

This rule reduces the age requirement 

from 17 years to 10 years for military 

construction and shipbuilding and 7 

years for all other contract actions. The 

rule adds a new requirement that these 

contracts must be physically complete 

at least four years prior to the current 

fiscal year. 

The expanded authority will apply to 

more recent contracts, subject to the 

other criteria in DFARS 204.804(3)(i), to 

reduce the current backlog and 

administration requirements for 

contracts eligible for closeout. 

V. 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. 

VI. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules Under the Congressional 

Review Act, to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the 

Congressional Review Act cannot take 

effect until 60 days after it is published 

in the Federal Register. This rule is not 

anticipated to be a major rule under 5 

U.S.C. 804. 

VII. Regulatory Flexibility Act. 

DoD does not expect this 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 this rule implements 

requirements primarily for the 

Government. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

This rule proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 820 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2021 (Pub. L. 116–283). 

Section 820 expands the application of 

the expedited contract closeout 

authority of section 836 of the NDAA for 

FY 2017, implemented at DFARS 

204.804(3)(i)(A), to certain contracts or 

groups of contracts that were awarded at 

least 7 to 10 FYs before the current FY 

and have completed performance or 

delivery at least four years prior to the 

current FY. The new 10-year standard 


khammond on DSKJM1Z7X2PROD with PROPOSALS
48368 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules 

will apply to contracts or groups of 

contracts for military construction, as 

defined in 10 U.S.C. 2801, or 

shipbuilding, while the 7-year standard 

will apply to all other contracts. 

The objective of the rule is to 

implement the requirements of section 

820, which expands the application of 

the expedited contract closeout 

authority of section 836 of the NDAA for 

FY 2017 to more recent, physically 

complete contracts. The legal basis of 

the rule is section 820 of the NDAA for 

FY 2021. 

This rule will likely affect small 

entities that have been or will be 

awarded DoD contracts, including those 

under FAR part 12 procedures for the 

acquisition of commercial items, 

including commercially available offthe-shelf items. Data was obtained from 

the Electronic Data Access module of 

the Procurement Integrated Enterprise 

Environment for contracts that were 

physically completed at least four years 

ago and are eligible for closeout between 

the new standard of 7 or 10 years and 

the previous standard of at least 17 

fiscal years after award. The data were 

then compared to the Federal 

Procurement Data System (FPDS) to 

estimate the number of contracts 

awarded to small entities. Contracts 

subject to the previous standard of 17 

years are included in this estimate. 

As of April 2021, the FPDS data 

indicate that approximately 29,200 

contracts, eligible for expedited closeout 

under the 7-year standard, were 

awarded to an estimated 4,490 unique 

small entities. An additional estimated 

1,775 contracts, subject to the 10-year 

standard, were awarded to 

approximately 576 small entities. As a 

result, DoD estimates that 

approximately 5,066 small entities will 

have the opportunity to benefit from the 

expanded expedited contract authorities 

provided in this rule. 

The rule does not impose any new 

reporting, recordkeeping, or compliance 

requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no practical alternatives 

that will accomplish the objectives of 

the statute. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD 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 (DFARS Case 2021–D012), in 

correspondence. 

VIII. Paperwork Reduction Act 

This rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 204 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR part 204 is 

proposed to be amended as follows: 

PART 204—ADMINISTRATIVE AND 

INFORMATION MATTERS 

■ 1. The authority citation for 48 CFR 

part 204 continues to read as follows: 

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

chapter 1. 

■ 2. Amend section 204.804 by revising 

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

§ 204.804 Closeout of contract files. 

* * * * * 

(3)(i) In accordance with section 836 

of the National Defense Authorization 

Act for Fiscal Year 2017 (Pub. L. 114– 

328), section 824 of the National 

Defense Authorization Act for Fiscal 

Year 2018 (Pub. L. 115–91), and section 

820 of the National Defense 

Authorization Act for Fiscal Year 2021 

(Pub. L. 116–283), contracting officers 

may close out contracts or groups of 

contracts through issuance of one or 

more modifications to such contracts 

without completing a reconciliation 

audit or other corrective action in 

accordance with FAR 4.804–5(a)(3) 

through (15), as appropriate, if each 

contract— 

(A)(1) For military construction (as 

defined at 10 U.S.C. 2801) or 

shipbuilding, was awarded at least 10 

fiscal years before the current fiscal 

year; or 

(2) For all other contracts, was 

awarded at least 7 fiscal years before the 

current fiscal year; 

(B) The performance or delivery was 

completed at least 4 years prior to the 

current fiscal year; and 

(C) Has been determined by a 

contracting official, at least one level 

above the contracting officer, to be not 

otherwise reconcilable, because— 

(1) The contract or related payment 

records have been destroyed or lost; or 

(2) Although contract or related 

payment records are available, the time 

or effort required to establish the exact 

amount owed to the U.S. Government or 

amount owed to the contractor is 

disproportionate to the amount at issue. 

* * * * * 

[FR Doc. 2021–18341 Filed 8–27–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215 and 242 

[Docket DARS–2021–0015] 

RIN 0750–AK95 

Defense Federal Acquisition 

Regulation Supplement: Requiring 

Data Other Than Certified Cost or 

Pricing Data (DFARS Case 2020–D008) 

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 for Fiscal 

Year 2020 that provides additional 

requirements relating to the submission 

of data other than certified cost or 

pricing data. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

October 29, 2021, to be considered in 

the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2020–D008, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘DFARS Case 2020–D008.’’ Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

your name, company name (if any), and 

‘‘DFARS Case 2020–D008’’ on any 

attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2020–D008 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David E. Johnson, telephone 571–372– 

6115. 

SUPPLEMENTARY INFORMATION: 


khammond on DSKJM1Z7X2PROD with PROPOSALS