        DEPARTMENT OF DEFENSE
        GENERAL SERVICES ADMINISTRATION
        NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
        48 CFR Parts 19, 52, and 53
        [FAR Case 2004-017]
        RIN: 9000-AK18
        Federal Acquisition Regulation; Small Business Credit for Alaskan Native Corporations and Indian Tribes

          AGENCIES:
          Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

          ACTION:
          Proposed rule.

          SUMMARY:
          The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 702 of Public Law 107-117, as amended by section 3003 of Public Law 107-206 (43 U.S.C. 1626).  The law permits subcontracts awarded to certain Alaskan Native Corporations (ANCs) to be counted towards a contractor's goals for subcontracting with small business (SB) and small disadvantaged business (SDB) concerns.  The law also permits Indian tribes to be counted towards a contractor's goal for subcontracting with SB.

          DATES:
          Interested parties should submit comments in writing on or before August 2, 2005 to be considered in the formulation of a final rule.

          ADDRESSES:
          Submit comments identified by FAR case 2004-017 by any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • Agency Web Site: http://www.acqnet.gov/far/ProposedRules/proposed.htm.  Click on the FAR case number to submit comments.
          • E-mail: farcase.2004-017@gsa.gov.  Include FAR case 2004-017 in the subject line of the message.
          • Fax:  202-501-4067.
          • Mail:  General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN:  Laurieann Duarte, Washington, DC  20405.

          Instructions:  Please submit comments only and cite FAR case 2004-017 in all correspondence related to this case.  All comments received will be posted without change to http://www.acqnet.gov/far/ProposedRules/proposed.htm, including any personal information provided.

          FOR FURTHER INFORMATION CONTACT:
          The FAR Secretariat at (202) 501-4755 for information pertaining to status or publication schedules.  For clarification of content, contact Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044.  Please cite FAR case 2004-017.

        SUPPLEMENTARY INFORMATION:
        A. Background
        Section 702 of Public Law 107-117, as amended by section 3003 of Public Law 107-206, provides that subcontracts awarded to Alaskan Native Corporations (ANC) that are considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1), and any of its direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2), shall be counted towards the satisfaction of a contractor's goal for subcontracting with SB and SDB concerns.  The law also provides that subcontracts awarded to Indian tribes may be counted towards the satisfaction of a contractor's goal for subcontracting with SB concerns.  Such credit is taken even where the ANC or Indian tribe may be “other than small” under the Small Business Administration (SBA) regulations.
        In addition, section 3003 provides that “where lower tier subcontracts exist, the ANC or Indian tribe shall designate the appropriate contractor or contractors to receive credit towards their small or small disadvantaged business subcontracting goals.”  Accordingly, the rule requires that, where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor to count the subcontract towards its small business and/or small disadvantaged subcontracting goals.  In most cases, the appropriate contractor is the contractor that awarded the subcontract to the ANC or Indian tribe.  Therefore, the revision includes a requirement that the ANC or Indian tribe give a copy of the designation to the contracting officer, the prime contractor, and the subcontractors in between.  The Councils invite industry to comment on the feasibility of this approach and any alternatives for complying with the law.
        The law does not provide for such an ANC and any of its direct and indirect subsidiary corporations, joint ventures, and partnerships to be eligible for SDB or 8(a) certification unless the entity otherwise meets the requirements for certification under 15 U.S.C. 637.  Similarly, the law does not provide for contractors to count subcontracts awarded to such an entity toward the evaluation of the extent of the participation of SDB concerns in the performance of certain North American Industry Classification System (NAICS) Industry codes unless the entity is certified as an SDB by SBA (FAR Subpart 19.12).  The FAR is being amended to implement these changes to 43 U.S.C. 1626.
        The specific changes are as follows:

        • FAR 19.701 and the clause at 52.219-9 are amended to add definitions for ANC and Indian tribes consistent with 43 U.S.C. 1601, et seq., and 25 U.S.C. 1452, respectively.

        • FAR 19.703 is amended to add paragraph (c).  Paragraph (1)(i) authorizes contractors to count awards to ANCs towards the satisfaction of the contractor's SB and SDB goals regardless of the size status of the ANC, and to provide for the ANC to designate which contractor is to receive the credit; and paragraph (c)(1)(ii) authorizes contractors to count awards to Indian tribes towards the satisfaction of the contractor's SB goals, regardless of the size status of the Indian tribe.
        Paragraph (c)(1)(iii) is added to provide that where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor to count the subcontract towards its small business and/or small disadvantaged subcontracting goals.  In most cases, the appropriate contractor is the contractor that awarded the subcontract to the ANC or Indian tribe.  Paragraph (d)(2) is added to provide that a contractor acting in good faith may rely on the written representation of an ANC or Indian tribe as to eligibility and incorporates the procedures at 26.103(b) through (e) in the event of a challenge of such a representation.
        • FAR 19.704, the clause at 52.219-9, and the instructions for the SF 294, “Subcontracting Report for Individual Contracts,” and SF 295, “Summary Subcontract Report,” are amended to permit subcontracts awarded to certain ANCs to be counted towards the satisfaction of a contractor's goal for subcontracting with SB and SDB concerns, and to permit subcontracts awarded to Indian tribes to be counted towards the satisfaction of a contractor's goal for subcontracting with SB concerns.
        • FAR 19.704 and the clause at 52.219-9 are amended to provide where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate which subcontractor(s) or prime contractor(s) will be able to count the subcontract towards its small business and small disadvantaged subcontracting goals.
        • The clause at 52.219-9(j)(2) stipulates that awards to ANCs that are not certified SDBs may not be counted towards the evaluation of the extent of participation of SDB concerns in the performance of contracts in the NAICS Industry Subsectors.
        • The instructions for the SF 294 and SF 295 are revised to include a cross-reference to the FAR 19.703 eligibility requirements for participation in the small business subcontracting program; to incorporate administrative corrections to ensure consistency in reporting of goals and actual performance; and for technical edits.
        This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993.  This rule is not a major rule under 5 U.S.C. 804.
        B.  Regulatory Flexibility Act

        The changes may 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 law allows other than small business Federal contractors to receive SDB and/or SB subcontract credit for subcontracts awarded to Indian tribes and ANCs, regardless of whether they are SB, SBA-certified SDBs, or certified 8(a) firms.  SBs and certified SDBs may be adversely impacted to the extent that there are Indian tribes or ANCs that are large businesses and may now be more likely to be used as subcontractors or suppliers on Federal contracts.  It is estimated that there are 562 Indian tribes and ANCs.  Information was not available on the number of these entities that were large business, SB, or SDB.  An Initial Regulatory Flexibility Analysis (IRFA) has been prepared and will be provided to the Chief Counsel for Advocacy for the Small Business Administration.  The analysis is summarized as follows:

          This proposed rule revises the Federal Acquisition Regulation in order to comply with 43 U.S.C. 1626 which allows other than small business Federal contractors to receive small business (SB) subcontracting credit for subcontracts awarded to Indian tribes, regardless of whether they are small business.  Additionally, the law allows other than small business Federal contractors to receive small business and small disadvantaged business (SDB) subcontracting credit for subcontracts awarded to Alaskan Native Corporations (ANCs) which are considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1) and any of its direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2), regardless of whether they are small businesses, SBA-certified SDBs, or certified 8(a) firms.
          This proposed rule implements section 702 of the 2002 Department of Defense Supplemental Appropriation, as amended by section 3003 of the 2002 Supplemental Appropriations for Further Recovery From and Response To Terrorist Attacks on the United States.  The objective of the statute is to encourage large business contractors to utilize ANCs and Indian tribes as subcontractors and suppliers on Federal contracts.

          The changes may 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 law allows other than small business Federal contractors to receive small disadvantaged business and/or small business subcontract credit for subcontracts awarded to Indian tribes and ANCs. The rule will impose no new reporting or recordkeeping requirements on small entities.

        A copy of the IRFA may be obtained from the FAR Secretariat.  The Councils will consider comments from small entities concerning the affected FAR parts 19, 52, and 53 in accordance with 5 U.S.C. 610.  Comments must be submitted separately and should cite 5 U.S.C 601, et seq. (FAR case 2004-017), in correspondence.
        C.  Paperwork Reduction Act

        The Paperwork Reduction Act (Pub. L. 104-13) applies because the proposed rule contains information collection requirements.  Accordingly, the FAR Secretariat has submitted a request for approval of a revision to the information collection requirements of OMB Control Numbers 9000-0006, Subcontracting Plans/Subcontracting Report for Individual Contracts (SF 294), and 9000-0007, Summary Subcontract Report (SF 295), to the Office of Management and Budget under 44 U.S.C. 3501, et seq. Public comments concerning these requests will be invited through subsequent Federal Register notices.

          Annual Reporting Burden:
        Public reporting burden for this collection of information is estimated to average 11 hours per response for 9000-0006, and 16.2 hours per response for 9000-0007, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
        The annual reporting burden is estimated as follows:

          9000-0006 (Current Annual Reporting and Recordkeeping):

          Respondents:  4,253.

          Responses per respondent:  3.44.

          Total annual responses:  14,622.

          Average burden hours per response:  50.52.

          Total response burden hours:  739,225.

          9000-0006 (Proposed Annual Reporting and Recordkeeping):

          Respondents:  4,253.

          Responses per respondent:  3.44.

          Total annual responses:  14,631.

          Average burden hours per response:  55.34.

          Total response burden hours:  809,248.
        Total program change is an additional 70,023 hours.

          9000-0007 (Current Annual Reporting and Recordkeeping):

          Respondents:  4,253.

          Responses per respondent:  1.66.

          Total annual responses:  7,098.

          Average burden hours per response:  15.9.

          Total response burden hours:  112,864.

          9000-0007 (Proposed Annual Reporting and Recordkeeping):

          Respondents:  4,253.

          Responses per respondent:  1.75.

          Total annual responses:  7,449.

          Average burden hours per response:  16.2.

          Total response burden hours:  120,674.
        Total program change is an additional 7,810 hours.
        D.  Request for Comments Regarding Paperwork Burden
        Submit comments, including suggestions for reducing this burden, not later than August 2, 2005 to:  FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, FAR Secretariat (VIR), 1800 F Street, NW., Room 4035, Washington, DC 20405.
        Public comments are particularly invited on:  whether this collection of information is necessary for the proper performance of functions of the FAR, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
        Requester may obtain a copy of the justifications from the General Services Administration, FAR Secretariat (VIR), Room 4035, Washington, DC 20405, telephone (202) 501-4755.  Please cite OMB Control Numbers 9000-0006, Subcontracting Plans/Subcontracting Report for Individual Contracts (SF 294), and 9000-0007, Summary Subcontract Report (SF 295), in all correspondence.

          List of Subjects in 48 CFR Parts 19, 52, and 53
          Government procurement.

          Dated: May 24, 2005.
          Julia B. Wise,
          Director, Contract Policy Division.

        Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 19, 52, and 53 as set forth below:
        1.  The authority citation for 48 CFR parts 19, 52, and 53 is revised to read as follows:

          Authority:
          40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).

          PART 19—SMALL BUSINESS PROGRAMS
          2.  Amend section 19.701 by adding, in alphabetical order, the definitions “Alaskan Native Corporation (ANC)” and “Indian tribe” to read as follows:

            19.701
            Definitions.

              Alaskan Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.), and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1).  This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

              Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601, et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c).

          3.  Amend section 19.703 in the introductory text of paragraph (a) by removing “To” and adding “Except as provided in paragraph (c) of this section, to”; and adding paragraph (c) to read as follows:

            19.703
            Eligibility requirements for participating in the program.

            (c)(1) In accordance with 43 U.S.C. 1626, the following procedures apply:
            (i) Subcontracts awarded to an ANC shall be counted towards the designated contractor's subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size status of the ANC.
            (ii) Subcontracts awarded to an Indian tribe shall be counted towards the designated contractor's subcontracting goal for small business, regardless of the size status of the Indian tribe.
            (iii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor to count the subcontract towards its small business and/or small disadvantaged subcontracting goals.  In most cases, the appropriate contractor is the contractor that awarded the subcontract to the ANC or Indian tribe.  The ANC or Indian tribe will give a copy of the designation to the contracting officer, the prime contractor, and the subcontractors in between.
            (2) A contractor acting in good faith may rely on the written representation of an ANC or an Indian tribe as to eligibility unless an interested party challenges its status or the contracting officer has independent reason to question its status.  In the event of a challenge of a representation of an ANC or Indian tribe, the interested parties shall follow the procedures at 26.103(b) through (e).

          4.  Amend section 19.704 by revising paragraphs (a)(1), (a)(2), (a)(3), and (a)(6) to read as follows:

            19.704
            Subcontracting plan requirements.
            (a) * * *
            (1) Separate percentage goals for using small business (including ANC and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs), and women-owned small business concerns as subcontractors;
            (2) A statement of the total dollars planned to be subcontracted and a statement of the total dollars planned to be subcontracted to small business (including ANC and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs), and women-owned small business concerns;

            (3) A description of the principal types of supplies and services to be subcontracted and an identification of types planned for subcontracting to small business (including ANC and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs), and women-owned small business concerns;

            (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with small business (including ANC and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs), and women-owned small business concerns;

          PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
          5.  Amend section 52.219-9 by—
          a. Revising the date of the clause;
          b. In paragraph (b), by adding, in alphabetical order, the definitions “Alaskan Native Corporation (ANC)” and “Indian tribe” and
          c. Adding text to the end of paragraph (d)(1); and revising paragraphs (d)(2)(ii), (d)(2)(vi), and (d)(6)(i) to read as follows:

            52.219-9
            Small Business Subcontracting Plan.

              SMALL BUSINESS SUBCONTRACTING PLAN (DATE)

              (b) * * *

                Alaskan Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.), and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1).  This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

                Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601, et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c).

              (d)  * * *
              (1) * * *  In accordance with 43 U.S.C. 1626, subcontracts awarded to an ANC shall be counted towards the designated Contractor's subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size status of the ANC, and subcontracts awarded to an Indian tribe shall be counted towards the designated Contractor's subcontracting goal for small business, regardless of the size status of the Indian tribe.  Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor to count the subcontract towards its small business and/or small disadvantaged subcontracting goals.  In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.  The ANC or Indian tribe shall give a copy of the designation to the Contracting Officer, the prime Contractor, and the subcontractors in between.
              (2)  * * *
              (ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

              (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs); and

              (6)  * * *
              (i) Small business concerns (including ANC and Indian tribes);

          PART 53—FORMS

            53.219
            [Amended]

          6.  Amend section 53.219 in paragraphs (a) and (b) by removing “(Rev. 10/01)” and adding “(Rev. Date)” in their place.
          7.  Revise sections 53.301-294 and 53.301-295 to read as follows:

            53.301-294
            Subcontracting Report for Individual Contracts.

        BILLING CODE 6820-EP-S

          EP03jn05.000

          EP03jn05.001

          EP03jn05.002

          EP03jn05.003

          53.301-295
          Summary Subcontract Report.

          EP03jn05.004

          EP03jn05.005

          EP03jn05.006

      [FR Doc. 05-10935 Filed 6-2-05; 8:45 am]
      BILLING CODE 6820-EP-C


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        RIN 0648-XG295
        Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Notice of Receipt of a Petition for Rulemaking

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of receipt; request for comments.

          SUMMARY:
          On March 23, 2018, the State of New York submitted a petition to the Secretary of Commerce requesting rulemaking under the Administrative Procedure Act. The petition requests that NMFS revise the current state-by-state commercial quota allocations in the summer flounder fishery. This notice announces that NMFS, acting on the Secretary's behalf, has received this request, and provides the opportunity for public comment.

          DATES:
          Comments must be received by 5 p.m. local time, on July 25, 2018.

          ADDRESSES:
          You may submit comments on this document, identified by NOAA-NMFS-2018-0074, by either of the following methods:

            Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal.
          1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0074,

          2. Click the “Comment Now!” icon, complete the required fields, and
          3. Enter or attach your comments.
          - OR -

            Mail: Submit written comments to Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: “Comments on the NY Fluke Petition for Rulemaking.”

            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 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:
          Cynthia Hanson, Fishery Management Specialist, (978) 281-9180.

        SUPPLEMENTARY INFORMATION:

        On March 23, 2018, the State of New York and the New York State Department of Environmental Conservation (“New York”) submitted a petition to the Secretary of Commerce requesting rulemaking under the Administrative Procedure Act. The petition requests that NMFS amend the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) to revise the summer flounder state-by-state commercial quota allocations. The existing allocations were implemented in 1993 through Amendment 2 to the FMP. These allocations were based on the best available historical landings information from 1980-1989. The existing state allocations provide New York with 7.65 percent of the total coastwide commercial quota. New York asserts that, since 1993, the summer flounder stock distribution and commercial fishing activity have shifted northeast towards New York. As a result, New York believes the summer flounder commercial quota should be re-allocated amongst the states to reflect this shift in stock distribution and fishing activity, and New York should receive a higher percentage of the coastwide quota. New York argues in its petition that the current quota allocations are outdated, discriminatory, inefficient, costly, and unsafe, and should be replaced as soon as possible.
        New York proposed that NMFS revise the allocations in a two-phase process. First, state-by-state allocations would be removed and replaced with coastwide management of the commercial quota for an interim period while new information is collected to inform revisions to the state quota allocation system. Then, revised state-by-state quota allocations that are “far to New York” would be implemented in phase two, based on the coastwide harvest activity information collected during phase one.
        The Mid-Atlantic Fishery Management Council, acting jointly with the Atlantic States Marine Fisheries Commission, is already developing an amendment to the FMP that considers reallocating the summer flounder commercial state quotas. Included in the alternatives under consideration are changes to the state-by-state quota allocations based on updated stock distribution, similar to New York's request in this petition. The potential coastwide quota allocation percentage for New York under consideration in the amendment ranges from 7.65 percent (status quo) to 10.71 percent. The Council intends to conduct public hearings on this amendment later this summer to solicit comments on the amendment's draft alternatives. The Council is scheduled to take final action at its December 2018 meeting. Once the Council submits the final amendment for review and approval, NMFS will review the Council's amendment to determine if it is consistent with the National Standards, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws. Under the current timeline, this would result in the implementation of this new allocation amendment in the fall of 2019. Any new state allocations are intended to be implemented for the 2020 fishing year, beginning on January 1, 2020, if adopted and approved.
        NMFS is providing this notice to acknowledge the receipt of New York's petition. With this notice, NMFS also seeks to emphasize the importance of the Council process, and encourage interested parties, including the State of New York and New York fishermen, to engage in the Council and Commission's development of the Commercial Summer Flounder Amendment at upcoming public hearings and Council meetings. NMFS will share comments received on this petition with the Council and Commission as the comments will likely have direct applicability to the allocation alternatives under consideration in the amendment. The Council's final commercial amendment will be reviewed by NMFS for consistency with the National Standards and other provisions of the Magnuson-Stevens Act. If, after completion of the amendment process, the state of New York wishes to revisit this petition request, NMFS may publish a subsequent notice to initiate rulemaking or formally deny the petition request. However, in the interim, NMFS defers to the ongoing Council amendment intended to address the current commercial quota allocation for summer flounder.

          Dated: July 5, 2018.
          Patricia A. Montanio,
          Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 2018-14716 Filed 7-9-18; 8:45 am]
       BILLING CODE 3510-22-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 52
        [EPA-R05-OAR-2019-0700; FRL-10013-26-Region 5]
        Air Plan Approval; Wisconsin; VOC RACT Requirements for Lithographic Printing Facilities

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:
          The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Wisconsin Department of Natural Resources (WDNR or Wisconsin) on December 13, 2019. Wisconsin requests that EPA approve rules related to control of volatile organic compound (VOC) emissions from offset lithographic printing operations into the Wisconsin's SIP. These revisions include amendments to the Wisconsin Administrative Code (WAC), Chapter NR 422.

          DATES:
          Comments must be received on or before October 26, 2020.

          ADDRESSES:

          Submit your comments, identified by Docket ID No. EPA-R05-OAR-2019-0700 at http://www.regulations.gov, or via email to aburano.douglas@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, 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. 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.

          FOR FURTHER INFORMATION CONTACT:

          Kathleen Mullen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490, Mullen.Kathleen@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID 19.

        SUPPLEMENTARY INFORMATION:
        Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.
        I. What is EPA proposing?
        EPA is proposing to approve revisions to the Wisconsin Administrative Code Chapter NR 422, into the Wisconsin SIP. These revisions amend the control of VOC emissions from offset lithographic printing operations.
        II. What is the background for these actions?
        There are two state rules (NR 422.142 and NR 422.143, Wis. Adm. Code) regulating VOC emissions from lithographic printing operations in Wisconsin.
        Section NR 422.142, Wis. Adm. Code (Lithographic printing—Part 1) contains requirements that were established as RACT requirements for the 1979 1-hour ozone National Ambient Air Quality Standard (NAAQS) for nine counties in southeast Wisconsin (Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha Counties), and became effective on July 1, 1995. Section NR 422.143, Wis. Adm. Code (Lithographic printing—Part 2) was established as RACT requirements for the 1997 8-hour ozone NAAQS for seven counties located in southeast Wisconsin (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha), and became effective on August 1, 2009. The requirements in Part 2 are based on the limits established in the latest Control Techniques Guidelines (CTG) for Offset Lithographic Printing and Letterpress Printing, published by EPA in 2006. NR 422.142 and NR 422.143 were previously approved into Wisconsin's SIP on August 7, 2012 (77 FR 46961).

        The two-part organizational structure of these rules creates potential confusion in the application of the rules. Revisions to these rules (NR 422.142 and NR 422.143, Wis. Adm. Code) will clarify and streamline the VOC RACT requirements for lithographic printing facilities. The revised Wisconsin Administrative Code Chapter NR 422 became effective July 1, 2019.
        III. What is EPA's analysis of Wisconsin's SIP revision?
        EPA has reviewed Wisconsin's revised VOC rules for lithographic printing facilities, which include: Adding new definitions in NR 422.02, Wis. Adm. Code., changing the rule applicability of NR 422.142 and 422.143, Wis. Adm. Code, replacing the term “blanket or roller wash” with “cleaning solution” in NR 422.142 and 422.143, Wis. Adm. Code, revising the VOC emission limits for blanket or roller wash, clarifying the associated monitoring and recordkeeping requirements, eliminating the periodic stack testing requirements for small sources, and including the calculation methods for composite partial vapor pressure calculations in NR 422.143.
        The proposed revisions are consistent with the latest CTG published by EPA in 2006, clarify the existing state rule requirements for lithographic printing operations in the southeastern part of Wisconsin, and streamline the implementation of these state rules. A brief discussion of these revisions follows.
        NR 422—Control of Organic Compound Emissions From Surface Coating, Printing, and Asphalt Surfacing Operations
        NR 422.02(7c)—Definition
        A new definition to “Automatic blanket and roller wash” has been added to Wisconsin's lithographic printing regulations. This definition is approvable because it is a necessary update to the definition section and accurately describes that “Automatic blanket and roller wash” refers to all the printing press-related cleaning activities consistent with the CTG.
        NR 422.02(14m)—Definition
        A new definition to “Cleaning solution” has been added to Wisconsin's lithographic printing regulations. This definition is approvable because it is a necessary update to the definition section and accurately describes cleaning solutions consistent with the CTG.
        NR 422.02(45e)—Definition
        A new definition to “Janitorial supplies” has been added to Wisconsin's lithographic printing regulation. This definition is approvable because it is a necessary update to the definition section and accurately describes janitorial supplies consistent with the CTG.
        NR 422.142—Lithographic Printing—Part 1
        This rule has been amended to narrow its applicability to cover only existing facilities located in Kewaunee and Manitowoc counties. Specifically, seven counties (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha) from the list of the affected facilities under NR 422.142 were removed, because they are covered under the requirements of NR 422.143, which is more stringent and consistent with the latest CTG published in 2006. This revision is approvable because it is consistent with the subject CTG.
        NR 422.142 and NR 422.143
        The printing industry refers to “blanket or roller wash” as the solvents used for blanket wash and roller wash only. “Cleaning solution” refers to all the printing press-related cleaning activities. In order to clarify how the term is used by the printing industry, these rules have been revised to replace the term “blanket or roller wash” with “cleaning solution.” These revisions are approvable since they are consistent with the terms used in EPA's 2006 CTG.
        NR 422.142(2)(c) and 422.143(3)(c)
        The VOC content limits for the cleaning solutions have been revised to be less than 70% by weight. This change is approvable since it is consistent with the VOC content limits in the 2006 CTG.
        NR 422.142(2)(c)
        The formula used to calculate the VOC vapor pressure limits for the cleaning solutions was revised from “vapor pressure for each VOC component” to “VOC composite partial vapor pressure.” This revision is approvable since it is consistent with VOC vapor pressure limits used in NR 422.143 and the latest 2006 CTG.
        NR 422.142(3), NR 422.142(4), NR 422.143(5), and NR 422.143(6)
        The monitoring and recordkeeping requirements were revised to clarify the temperature monitoring and maintenance requirements for control devices. These revisions are approvable since they clarify the rule requirements regarding monitoring and record keeping for lithographic printing operations.
        NR 422.142(5)(b)2 and 422.143(7)(b)2
        The stack test requirements for small sources were revised to remove periodic stack testing that requires retesting the control device every 48 months. These revisions apply only to sources with allowable VOC emissions that are less than 100 tons per year from lithographic printing facilities. The tested control efficiencies for these existing lithographic printing sources exceed 98%, and control efficiency does not go down as the control device ages. Therefore, it was determined that initial stack testing, periodic monitoring and recording of control device operating temperature, and maintenance of the control device are sufficient to demonstrate compliance with the control efficiency requirements for the control devices installed with the lithographic printing presses, and the periodic stack testing requirement for small sources could be removed. These revisions are approvable since they clarify the rule requirements regarding stack test testing for small lithographic printing sources and do not compromise the effectiveness of the rule.
        NR 422.142(5)(b)1 and 422.143(7)(b)1
        For the lithographic printing sources with allowable VOC emissions that are greater than 100 tons per year, the periodic testing requirement (every 24 months) will remain in the rule. The testing exception scenarios specified in NR 439.075(4), Wis. Adm. Code, still apply to these larger sources that could reduce the frequency of periodic testing for these sources. The language in NR 422.142(5)(b)1. and 422.143(7)(b)1., Wis. Adm. Code, was revised to clarify that the testing exceptions in NR 439.075(4), Wis. Adm. Code, apply to larger sources. These revisions are approvable since they clarify the rule requirements regarding stack testing for large lithographic printing sources.
        NR 422.143(7)(d) and NR 422.142(5)(d)
        Section NR 422.143(7)(d) was added to include the equation used to calculate composite partial vapor pressure for cleaning solutions. This revision clarifies how affected sources are to demonstrate compliance with the applicable limitations. Section NR 422.142(5)(d) was revised to incorporate this calculation method. These revisions are approvable since they clarify the rule requirements regarding composite partial vapor pressure calculations for lithographic printing operations.
        NR 422.143—Lithographic Printing—Part 2

        The applicable areas in this section were revised to cover new and modified lithographic printing facilities in Kewaunee and Manitowoc Counties. New control devices in these counties must meet the higher control efficiency requirements for add-on control devices specified in this section. Revisions in this section are approvable because they are consistent with the most recent CTG and clarify the existing state rule requirements for lithographic printing operations.
        IV. What action is EPA taking?
        EPA is proposing to approve the Wisconsin SIP revisions to its rules relating to the control of VOC emissions from offset lithographic printing operations (WI Admin Code NR 422.02, 422.142, 422.143) submitted on December 13, 2019. EPA is soliciting public comment on the issues discussed in this document. These comments will be considered before taking final action.
        V. Incorporation by Reference

        In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Wisconsin Administrative Code provisions NR 422.02, NR 422.142, and NR 422.143, published in the Wisconsin Register June 2019 No. 762b and became effective July 1, 2019. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).
        VI. Statutory and Executive Order Reviews
        Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 CAA. 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);
        • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;

        • 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, 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 proposed 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).

          List of Subjects in 40 CFR Part 52
          Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Volatile organic compounds.

          Dated: September 10, 2020.
          Cheryl Newton,
          Deputy Regional Administrator, Region 5.

      [FR Doc. 2020-20517 Filed 9-24-20; 8:45 am]
      BILLING CODE 6560-50-P