Defense Federal Acquisition Regulation Supplement; Multiyear Contract Authority for Electricity From Renewable Energy Sources (DFARS Case 2008-D006), 14587-14588 [2011-6233]
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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission;
to use VCS in place of a SIP submission
VerDate Mar<15>2010
11:10 Mar 16, 2011
Jkt 223001
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 16, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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,
Oxides of nitrogen, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2010.
James B. Martin,
Regional Administrator, Region 8.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
Subpart BB—Montana
2. Section 52.1370 is amended by
adding and reserving paragraphs (c)(69)
■
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Frm 00013
Fmt 4700
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14587
and (c)(70), and by adding paragraph
(c)(71) to read as follows:
§ 52.1370
Identification of plan.
*
*
*
*
*
(c) * * *
(71) The Governor of Montana
submitted revisions, reordering and
renumbering to the Libby County Air
Pollution Control Program in a letter
dated June 26, 2006. The revised
Lincoln County regulations focus on
woodstove emissions, road dust, and
outdoor burning emissions.
(i) Incorporation by reference.
(A) Before the Board of Environmental
Review of the State of Montana order
issued on March 23, 2006, by the
Montana Board of Environmental
Review approving amendments to the
Libby Air Pollution Control Program.
(B) Libby City Council Resolution No.
1660 signed February 27, 2006 and
Lincoln County Board of Commissioners
Resolution No. 725 signed February 27,
2006, adopting revisions, reordering and
renumbering to the Lincoln County Air
Pollution Control Program, Health and
Environment Regulations, Chapter
1—Control on Air Pollution, Subchapter
1—General Provisions; Subchapter
2—Solid Fuel Burning Device
Regulations; Subchapter 3—Dust
Control Regulations; Subchapter 4—
Outdoor Burning Regulations; as revised
on February 27, 2006.
(ii) Additional Material.
(A) Stipulation signed October 7,
1991, between the Montana Department
of Health and Environmental Sciences
(MDHES), the County of Lincoln and the
City of Libby, which delineates
responsibilities and authorities between
the MDHES, Lincoln County and Libby.
[FR Doc. 2011–5969 Filed 3–16–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 217 and 241
RIN 0750–AG48
Defense Federal Acquisition
Regulation Supplement; Multiyear
Contract Authority for Electricity From
Renewable Energy Sources (DFARS
Case 2008–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is adopting as final,
without change, the interim rule
SUMMARY:
E:\FR\FM\17MRR1.SGM
17MRR1
14588
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 828 of
the National Defense Authorization Act
for Fiscal Year 2008.
DATES: Effective Date: March 17, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule at 75
FR 34942 on June 21, 2010, to amend
DFARS parts 217 and 241 to authorize
the Department of Defense to enter into
a contract for a period not to exceed 10
years for the purchase of electricity from
sources of renewable energy, as that
term is defined in section 203(b)(2) of
the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2)). Section 828 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2008 (Pub. L. 110–181)
authorizes DoD to enter into a contract
for a period in excess of five years only
if the head of the contracting activity
determined, on the basis of a business
case analysis prepared by DoD, that—
(1) The proposed purchase of
electricity under such contract is cost
effective; and
(2) It would not be possible to
purchase electricity from the source in
an economical manner without the use
of a contract for a period in excess of
five years.
II. Executive Order 12866
This rule 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.
III. Executive Order 13563
In accordance with Executive Order
13563, Improving Regulation and
Regulatory Review, dated January 18,
2011, DoD has determined that this rule
is not excessively burdensome to the
public, and is consistent with DoD’s
intent to purchase electricity from
sources of renewable energy in the most
cost-effective manner.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
IV. Regulatory Flexibility Act
This final rule is not expected 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 a very limited number
of small businesses engaged in the sale
of energy-related services, to include the
sale of renewable energy. The market for
renewable fuels is highly volatile and is
VerDate Mar<15>2010
11:10 Mar 16, 2011
Jkt 223001
less predictable than other fuel markets.
Renewable-energy and alternative-fuel
projects are capital-intensive
investments and involve the
construction of production facilities,
which limits small-entity participation.
Although no significant economic
impact on small business is anticipated,
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis is
summarized below and may be obtained
from the point of contact specified
herein. The analysis is summarized as
follows:
The objective of this rule is to
implement section 828 of the NDAA for
FY 2008. Section 828 authorized the
Department of Defense (DoD) to enter
into a contract for a period not to exceed
10 years for the purchase of electricity
from sources of renewable energy, as
that term is defined in section
203(b)(2)of the Energy Policy Act of
2005 (42 U.S.C. 15852(b)(2)). This final
rule establishes the conditions under
which the head of the contracting
activity may enter into a contract for the
purchase of renewable energy not to
exceed 10 years. Section 828 allows
DoD to award a contract for a period in
excess of five years: (1) Only after a
determination of the cost effectiveness
of the proposed purchase has been made
based upon a business case analysis,
and (2) if it would not be possible to
purchase electricity from the source in
an economical manner without the use
of a contract for a period in excess of
five years.
This final rule will apply to DoD
contractors engaged in the sale of
energy-related services to include the
sale of renewable energy.
This rule does not duplicate, overlap,
or conflict with any other Federal rules.
DoD considers the approach described
in the interim rule published at 75 FR
34942 on June 21, 2010, to be the most
practical and beneficial for both
Government and industry.
DoD invited comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities. No comments
were received.
V. Paperwork Reduction Act
This rule does not impose additional
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).
PO 00000
Frm 00014
Fmt 4700
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List of Subjects in 48 CFR Parts 217 and
241
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 217 and 241,
which was published at 75 FR 34942 on
June 21, 2010, is adopted as a final rule
without change.
[FR Doc. 2011–6233 Filed 3–16–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
RIN 0750–AH17
Defense Federal Acquisition
Regulation Supplement;
Nonavailability Exception for
Procurement of Hand or Measuring
Tools (DFARS Case 2011–D025)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
to implement section 847 of the
National Defense Authorization Act for
Fiscal Year 2011. Section 847 provides
a nonavailability exception to the
requirement at 10 U.S.C. 2533a (Berry
Amendment) to acquire only domestic
hand or measuring tools.
DATES: Effective date: March 17, 2011.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before May 16, 2011, to be considered
in the formation of the final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2011–D025,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘DFARS Case 2011–D025’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D025.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2011–D025’’ on your
attached document.
SUMMARY:
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14587-14588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6233]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 217 and 241
RIN 0750-AG48
Defense Federal Acquisition Regulation Supplement; Multiyear
Contract Authority for Electricity From Renewable Energy Sources (DFARS
Case 2008-D006)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is adopting as final, without change, the interim rule
[[Page 14588]]
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement section 828 of the National Defense Authorization Act for
Fiscal Year 2008.
DATES: Effective Date: March 17, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule at 75 FR 34942 on June 21, 2010, to
amend DFARS parts 217 and 241 to authorize the Department of Defense to
enter into a contract for a period not to exceed 10 years for the
purchase of electricity from sources of renewable energy, as that term
is defined in section 203(b)(2) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b)(2)). Section 828 of the National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2008 (Pub. L. 110-181) authorizes DoD
to enter into a contract for a period in excess of five years only if
the head of the contracting activity determined, on the basis of a
business case analysis prepared by DoD, that--
(1) The proposed purchase of electricity under such contract is
cost effective; and
(2) It would not be possible to purchase electricity from the
source in an economical manner without the use of a contract for a
period in excess of five years.
II. Executive Order 12866
This rule 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.
III. Executive Order 13563
In accordance with Executive Order 13563, Improving Regulation and
Regulatory Review, dated January 18, 2011, DoD has determined that this
rule is not excessively burdensome to the public, and is consistent
with DoD's intent to purchase electricity from sources of renewable
energy in the most cost-effective manner.
IV. Regulatory Flexibility Act
This final rule is not expected 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 a very limited number of small businesses engaged in the sale of
energy-related services, to include the sale of renewable energy. The
market for renewable fuels is highly volatile and is less predictable
than other fuel markets. Renewable-energy and alternative-fuel projects
are capital-intensive investments and involve the construction of
production facilities, which limits small-entity participation.
Although no significant economic impact on small business is
anticipated, DoD has prepared a final regulatory flexibility analysis
consistent with 5 U.S.C. 604. A copy of the analysis is summarized
below and may be obtained from the point of contact specified herein.
The analysis is summarized as follows:
The objective of this rule is to implement section 828 of the NDAA
for FY 2008. Section 828 authorized the Department of Defense (DoD) to
enter into a contract for a period not to exceed 10 years for the
purchase of electricity from sources of renewable energy, as that term
is defined in section 203(b)(2)of the Energy Policy Act of 2005 (42
U.S.C. 15852(b)(2)). This final rule establishes the conditions under
which the head of the contracting activity may enter into a contract
for the purchase of renewable energy not to exceed 10 years. Section
828 allows DoD to award a contract for a period in excess of five
years: (1) Only after a determination of the cost effectiveness of the
proposed purchase has been made based upon a business case analysis,
and (2) if it would not be possible to purchase electricity from the
source in an economical manner without the use of a contract for a
period in excess of five years.
This final rule will apply to DoD contractors engaged in the sale
of energy-related services to include the sale of renewable energy.
This rule does not duplicate, overlap, or conflict with any other
Federal rules. DoD considers the approach described in the interim rule
published at 75 FR 34942 on June 21, 2010, to be the most practical and
beneficial for both Government and industry.
DoD invited comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities. No comments were received.
V. Paperwork Reduction Act
This rule does not impose additional 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 217 and 241
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 217 and 241,
which was published at 75 FR 34942 on June 21, 2010, is adopted as a
final rule without change.
[FR Doc. 2011-6233 Filed 3-16-11; 8:45 am]
BILLING CODE 5001-08-P
