[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Rules and Regulations]
[Pages 66266-66270]
[FR Doc No: 2020-20665]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1503 and 1552

[EPA-HQ-OARM-2015-0657; FRL-10012-65-OMS]

Environmental Protection Agency Acquisition Regulation (EPAAR);
Scientific Integrity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a final
rule to address scientific integrity requirements in the creation of a
contract clause for inclusion in solicitations and contracts when the
Contractor may be required to perform, communicate, or supervise
scientific activities or use scientific information to perform advisory
and assistance services. This clause will complement the EPA's
Scientific Integrity Policy to ensure all scientific work developed and
used by the Government is accomplished with scientific integrity.

DATES: This final rule is effective on October 19, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OARM-2015-0657; FRL-10012-65-OMS. All documents in
the docket are listed on the http://www.regulations.gov website.
Although listed in the index, some information is not publicly
available, e.g., confidential business information or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Holly Hubbell, Policy, Training, and
Oversight Division, Acquisition Policy and Training Branch (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The EPA's Scientific Integrity Policy is based on a Presidential
Memorandum for the Heads of Executive Departments and Agencies, Subject
Line: Scientific Integrity, Dated: March 9, 2009. The memorandum
directs the Director of the Office of Science and Technology Policy
(OSTP) to work with the Office of Management and Budget (OMB) and
agencies to develop policies to ensure all scientific work developed
and used by the Government is done so with scientific integrity. OSTP
issued further guidance in the Scientific Integrity memorandum dated
December 17, 2010.
    This final rule requires EPA contractors to ensure that all
personnel within their organization, subcontractors and consultants,
that perform, communicate, or supervise scientific activities or use
scientific information to perform advisory and assistance services
under their specified contracts with EPA, have read and understand
their compliance responsibilities regarding the EPA's Scientific
Integrity Policy.
    The proposed rule was published in the Federal Register (83 FR
48581-48584) on September 26, 2018, providing for a 60-day comment
period. Interested parties were afforded the opportunity to participate
in the making of this rule.

II. Public Comments on the Proposed Rule

    The following is a summary of the public comments received on the
proposed rule and the EPA's response to these comments.
    1. Comment: Several commenters expressed concerns about the costs
of making scientific information available online and also that
requiring scientific information to be available online could
compromise confidentiality of the scientific information.
    Response: The proposed clause requirement at EPAAR Sec.  1552.203-
72(c)(1)(x) to make scientific information available online has been
deleted.
    2. Comment: One commenter suggested that the EPA inform contractors
of their need to evaluate computer models in adherence to the EPA
Models Guidance.
    Response: This requirement is described in general terms because
listing specific guidance may not be all-inclusive or the guidance may
change in the future.
    3. Comment: One commenter noted that preventing intimidation or
coercion of scientists to alter their scientific findings is a crucial
element of the EPA's Scientific Integrity Policy and proposed adding
the terms ``attempted or actual intimidation or coercion'' to the
clause to clarify that both attempted or actual intimidation or
coercion would be a loss of scientific integrity.
    Response: The EPA agrees and has added the terms ``attempted or
actual'', defining intimidation or coercion to EPAAR 1552.203-
72(c)(2)(i).
    4. Comment: One commenter expressed concern that the proposed rule
does not explicitly address whether an individual employee of a
contractor has an obligation to report loss or potential loss of
scientific integrity to the contracting officer, his or her supervisor,
or both, or to whom and how to report.
    Response: In this final rule, the EPA does clarify in paragraph (d)
of the clause that an employee of the contractor must report any loss
or potential loss of scientific integrity in writing to the contractor
who must communicate it to the EPA.
    5. Comment: Concern was expressed that there is no explicit
mechanism for resolving a dispute if the contractor, or an individual
contractor employee, feels that the contracting officer has reached an
incorrect conclusion or is applying an inappropriate remedy with regard
to a loss of scientific integrity.
    Response: The EPA agrees that a party who has been accused of a
loss of scientific integrity should be able to respond to the Agency's
decision regarding the loss of scientific integrity and the remedy.
Section (e)(5) of the clause has been edited to state that if the party
who has been accused of a loss of scientific integrity feels that the
Agency has reached an incorrect conclusion or the Agency has applied an
inappropriate remedy, that party may provide a written response to the
Contracting Officer, Scientific Integrity Official, and/or Office of
Inspector General (OIG).
    6. Comment: One commenter noted that it was not clear if the
proposed rule intended to cover a situation where a contractor, or
employee of a contractor, became aware of a loss or suspected loss of
scientific integrity by an EPA employee, but suggested the rule should
cover this situation. Further, the commenter suggested such a loss or
suspected loss of scientific integrity by an EPA employee be reported
to someone other than the contracting officer or the contracting
officer's representative.

    Response: EPA agrees and has revised paragraph (d) of the clause to
clarify that the final rule addresses the situation where a contractor,
or employee of a contractor, becomes aware of an actual or suspected
loss of scientific integrity by an EPA employee. Language has been
added to state that, if the actual or potential loss of scientific
integrity is by an EPA employee, the contractor may inform the EPA's
Scientific Integrity Official in addition to the contracting officer or
contracting officer's representative. An employee of the contractor
must report any actual or potential loss of scientific integrity to the
contractor who must communicate it to the EPA.
    7. Comment: One commenter stated that the two clauses need to be
further emphasized to prevent bias during scientific inquiry.
    Response: To clarify, there is only one clause, EPAAR Sec.
1552.203-72. EPAAR Sec.  1503.1071 is the prescription for the use of
the clause. The EPA believes that there is sufficient emphasis in the
clause requirements to prevent bias during scientific inquiries.
Additionally, contractors are legally bound to adhere to all terms of
the clause, if it is included in their contract(s).
    8. Comment: One commenter noted that the proposed rule requires EPA
contractors to adhere to the standards set forth in the EPA's
Scientific Integrity Policy, but the commenter was concerned that
contractors cannot comply with standards if they don't know about them.
The commenter suggested additional language be added to the clause
noting all the guidance upon which the EPA's Scientific Integrity
Policy is built.
    Response: The EPA believes such additional language is not
necessary. Contractors are notified of the scientific integrity
requirements, which includes a link to the EPA's Scientific Integrity
Policy, when this clause is included in the solicitation and contract.
    9. Comment: One commenter suggested that the rule should be
designated as ``significant'' under Executive Order (E.O.) 12866, as
other agencies may not require contractor compliance with the EPA's
Scientific Integrity Policy, which could create serious inconsistencies
when the EPA is working with the other agencies on matters of interest
to both agencies. The commenter was also concerned that contractor
adherence to the EPA's Scientific Integrity Policy could also raise
legal or policy issues arising out of legal mandates, the President's
priorities, or E.O. 12866.
    Response: The Office of Management and Budget determines if a rule
is a significant regulatory action. The EPA's Scientific Integrity
Policy is based on OSTP guidance and developed in conjunction with
OMB's approval.
    10. Comment: One commenter expressed concern that the proposed rule
provides that it is the contracting officer who decides when the
Scientific Integrity clause applies and when it should be inserted in a
contract. The commenter was concerned that while some examples of
activities that may trigger the rule's application are listed in the
clause, the list of examples is not exhaustive, and the applicability
may be misinterpreted by the contractor officer.
    Response: The EPA agrees that the technical experts regarding
applicability would be the EPA program office. Therefore, this final
rule adds language so the contracting officer will consult with the
program office regarding inclusion of the Scientific Integrity clause
in a contract.
    11. Comment: One commenter proposed adding language requiring
contractors to use the most refined species location maps and best
actual sampling and test data available.
    Response: The EPA believes this language is redundant to what is
already stated in the clause Sec.  1552.203-72(c)(1)(i), which states
the contractor agrees to produce scientific products of the highest
quality, rigor and objectivity.
    12. Comment: Several respondents that provided comments expressed
their support of the scientific integrity requirement for contractors.
    Response: EPA appreciates the support of the respondents.

III. Final Rule

    The final rule amends FAR Part 1503--Improper Business Practices
and Personal Conflicts of Interests, Subpart 1503.10--Contractor Code
of Business Ethics and Conduct, by adding EPAAR Sec.  1503.1070--
Scientific integrity and 1503.1071--Contract clause. FAR Part 1552--
Solicitation Provisions and Contract Clauses is amended by adding EPAAR
clause Sec.  1552.203-72--Scientific Integrity.
    1. EPAAR Sec.  1503.1070 explains the basis for the subsection.
    2. EPAAR Sec.  1503.1071 establishes the prescription for use of
EPAAR clause Sec.  1552.203-72 in all solicitations and contracts when
the contractor may be required to perform, communicate, or supervise
scientific activities, or use scientific information to perform
advisory and assistance services.
    3. EPAAR Sec.  1552.203-72--Scientific Integrity clause states the
applicability, term definitions as used in this clause, compliance
requirements, reporting requirements, if an actual or suspected loss of
scientific integrity is detected, and potential remedies.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under the E.O.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions. For purposes of
assessing the impact of this final rule on small entities, ``small
entity'' is defined as: (1) A small business that meets the definition
of a small business found in the Small Business Act and codified at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field. After considering the economic impacts of
this rule on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5

U.S.C. 503 and 604. Thus, an agency may certify that a rule will not
have a significant economic impact on a substantial number of small
entities if the rule relieves regulatory burden, or otherwise has a
positive economic effect on all the small entities subject to the rule.
This action establishes a new EPAAR clause that will not have a
significant economic impact on a substantial number of small entities.
We continue to be interested in the potential impacts of the rule on
small entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector. This rule contains no Federal
mandates (under the regulatory provisions of the Title II of the UMRA)
for State, Local, and Tribal governments or the private sector. The
rule imposes no enforceable duty on any State, Local or Tribal
governments or the private sector. Thus, the rule is not subject to the
requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.'' This rule
does not have federalism implications. It will 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications as specified in Executive Order 13175.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045, entitled ``Protection of Children From
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under E.O. 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to E.O. 13045 because it
is not an economically significant rule as defined by Executive Order
12866, and because it does not involve decisions on environmental
health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or Use'' (66 FR 28335 (May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) (15 U.S.C. 272 note) of the National Technology
Transfer and Advancement Act of 1995, Public Law 104-113, directs EPA
to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards. This action does not
involve technical standards. Therefore, EPA is not considering the use
of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this proposed
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment in the general public.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 48 CFR Parts 1503 and 1552

    Environmental protection, Government procurement, Antitrust,
Conflict of interest, Reporting and recordkeeping requirements.

Kimberly Patrick,
Director, Office of Acquisition Solutions.
    For the reasons stated in the preamble, EPA amends 49 CFR parts
1503 and 1552 as follows:

PART 1503--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTERESTS

0
1. The authority citation for part 1503 is revised to read as follows:

    Authority:  5 U.S.C. 301 and 41 U.S.C. 1707.

0
2. Add section 1503.1070 to read as follows:

1503.1070   Scientific integrity.

    The EPA's Scientific Integrity Policy is based on a Presidential
Memorandum for the Heads of Executive Departments and Agencies, Subject
Line: Scientific Integrity, Dated: March 9, 2009. The memorandum
directs the Director of the Office of Science and Technology Policy
(OSTP) to work with the Office of Management and Budget (OMB) and
agencies to develop policies to ensure all scientific work developed
and used by the Government is done with scientific integrity. OSTP
issued further guidance in the Scientific Integrity memorandum dated
December 17, 2010.

This section and clause complement the EPA's Scientific Integrity
Policy.

0
3. Add section 1503.1071 to read as follows:

1503.1071   Contract clause.

    Contracting Officers, with advisement from the program office, must
insert the contract clause at 1552.203-72--Scientific Integrity, in
solicitations and contracts when the Contractor may be required to
perform, communicate, or supervise scientific activities, or use
scientific information to perform advisory and assistance services.
Examples of such scientific activities include, but are not limited to,
computer modeling, economic analysis, field sampling, laboratory
experimentation, demonstrating new technology, statistical analysis,
and writing a review article on a scientific issue.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. The authority citation for part 1552 is revised to read as follows:

    Authority:  5 U.S.C. 301 and 41 U.S.C. 1707.

0
5. Add section 1552.203-72 to read as follows:

1552.203-72   Scientific integrity.

    As prescribed in Sec.  1503.1071, insert the following clause:

Scientific Integrity (Month Year)

    (a) Applicability. This contract will require the Contractor to
perform, communicate, or supervise scientific activities or use
scientific information to perform advisory and assistance services.
When performing, communicating, supervising, or utilizing scientific
activities or scientific information, the Contractor must adhere to
the EPA's Scientific Integrity Policy.
    (b) Definitions. The following definitions apply:
    Advisory and assistance services (see 48 CFR 2.101).
    Scientific activities means those activities leading to the
systematic knowledge of the physical or material world, largely
consisting of observation and experimentation. It also includes the
supervision, utilization, and communication of these activities.
    Scientific information means factual inputs, data, models,
analyses, technical information, or scientific assessments related
to such disciplines as the behavioral and social sciences, public
health and medical sciences, life and earth sciences, engineering,
or physical sciences. This includes any communication or
representation of knowledge, such as facts or data, in any medium or
form, including textual, numerical, graphic, cartographic,
narrative, or audiovisual forms. This definition includes
information that an agency disseminates from a web page but does not
include the provision of hyperlinks on a web page to information
that others disseminate. This definition excludes opinions, where
the agency's presentation makes clear that an individual's opinion,
rather than a statement of fact or of the agency's findings and
conclusions, is being offered.
    Scientific Integrity means the adherence to professional values
and practices, that is, the codes of ethics and behaviors in the
scientists' fields of study, when conducting, supervising,
communicating, and utilizing the results of science and scholarship.
It ensures objectivity, clarity, reproducibility, and utility. It
also provides insulation from bias, fabrication, falsification,
plagiarism, improper outside interference, and censorship.
    (c) Compliance with policy. Prior to beginning performance under
this contract, the Contractor must ensure that all personnel within
their organization, including subcontractors and consultants, that
perform, communicate, or supervise scientific activities, or use
scientific information to perform advisory and assistance services
under this contract, have read and understand their compliance
responsibilities with the EPA's Scientific Integrity Policy. This
requirement applies to any personnel that will supervise, conduct,
utilize, or communicate scientific activities or scientific
information. Examples of such scientific activities include, but are
not limited to, computer modeling, economic analysis, field
sampling, laboratory experimentation, demonstrating new technology,
statistical analysis, and writing a review article on a scientific
issue.
    (1) Consistent with the objective of promoting a culture of
scientific integrity and transparency, as discussed in the EPA's
Scientific Integrity Policy, the Contractor agrees to:
    (i) Produce scientific products of the highest quality, rigor,
and objectivity, by adhering to applicable EPA information quality
policy, quality assurance policy, and peer review policy;
    (ii) Prohibit suppressing, altering, or otherwise impeding the
timely release of scientific findings or conclusions;
    (iii) Adhere to the Peer Review Handbook, current edition, for
the peer review of scientific and technical work products generated
through this contract;
    (iv) Act honestly and refrain from acts of research misconduct,
including publication or reporting, as described in EPA Order 3120.5
Policy and Procedures for Addressing Research Misconduct. Research
misconduct does not include honest error or differences of opinion;
    (v) Require that reviews of the content of a scientific product
be based only on scientific quality considerations, e.g., the
methods used are clear and appropriate, the presentation of results
and conclusions is impartial;
    (vi) Ensure scientific findings are generated and disseminated
in a timely and transparent manner, including scientific research
performed by subcontractors and consultants who assist with
developing or applying the results of scientific activities;
    (vii) Include an explication of underlying assumptions, accurate
contextualization of uncertainties, and a description of the
probabilities associated with both optimistic and pessimistic
projections when communicating scientific findings, if applicable;
    (viii) Document the use of independent validation of scientific
methods; and
    (ix) Document any independent review of the Contractor's
scientific facilities and testing activities, as occurs with
accreditation by a nationally or internationally recognized
sanctioning body.
    (2) To assure protection of Contractor staff supported by this
contract, consistent with the objectives described in the EPA's
Scientific Integrity Policy, the Contractor agrees to:
    (i) Prohibit attempted or actual intimidation or coercion of
scientists to alter scientific data, findings, or professional
opinions or non-scientific influence of scientific advisory boards.
In addition, the Contractor agrees to inform its employees,
subcontractors, and consultants, including scientists and managers,
of their responsibility not to knowingly misrepresent, exaggerate,
or downplay areas of scientific uncertainty; and
    (ii) Prohibit retaliation or other punitive actions toward
employees who uncover or report allegations of scientific and
research misconduct, or who express a differing scientific opinion.
The Contractor must afford employees who have allegedly engaged in
scientific or research misconduct the due process protections
provided by law, regulation, and applicable collective bargaining
agreements, prior to any action. The Contractor must ensure that all
employees, subcontractors, and consultants are familiar with these
protections and avoid the appearance of retaliatory actions.
    (d) Loss of Scientific Integrity. If during performance of this
contract the Contractor becomes aware of an actual or suspected loss
of scientific integrity, the Contractor must immediately inform the
Contracting Officer and the Contracting Officer's Representative
with a description of the actual or suspected issue in writing. If
the actual or suspected loss of scientific integrity is by an EPA
employee, the Contractor may inform the Agency's Scientific
Integrity Official, in addition to the Contracting Officer and
Contracting Officer's Representative. The Contractor must ensure
that its employees are aware of their responsibility to immediately
report any actual or suspected loss of scientific integrity to the
Contractor, who must communicate it to the EPA in writing. The
Contracting Officer and the Contracting Officer's Representative
must consult with the Agency's Scientific Integrity Official on all
issues related to an actual or suspected loss of scientific
integrity under this contract and with the EPA Office of Inspector
General (OIG), in accordance with EPA Order 3120.5 Policy and
Procedures for Addressing Research Misconduct, on all issues related
to research misconduct. The Agency's Scientific Integrity Official
and/or OIG must advise the Contracting Officer and Contracting
Officer's Representative on the appropriate remedy for any actual or
suspected loss of scientific

integrity. The Contractor bears the primary responsibility for
prevention and detection of research misconduct and for the inquiry,
investigation, and adjudication of research misconduct alleged to
have occurred under the contract in association with its own
institution. However, the EPA retains the ultimate oversight
authority for the EPA-supported research. The Contractor must take
the actions required as described in EPA Order 3120.5 Policy and
Procedures for Addressing Research Misconduct when research
misconduct is suspected or found under its contract.
    (e) Remedies. The Contracting Officer in consultation with the
Scientific Integrity Official and OIG, if applicable, will make the
final determination on any remedy to an actual or suspected loss of
scientific integrity. Potential remedies include:
    (1) Acceptance of the Contractor's proposed mitigation plan to
the scientific integrity issue;
    (2) Acceptance of an alternate mitigation plan negotiated by the
parties listed in the first paragraph of this section;
    (3) Termination for convenience, in whole or in part, if no
mitigation plan will adequately resolve the actual or suspected loss
of scientific integrity; or
    (4) Termination for default or cause, in whole or in part, if
the Contractor was aware of an actual or suspected loss of
scientific integrity under this contract and did not disclose it or
misrepresented relevant information to the EPA. Additionally, the
Government may debar or suspend the Contractor from Government
contracting or pursue other remedies as may be permitted by law or
this contract.
    (5) Opportunity to Respond--If the party who has been accused of
a loss of scientific integrity feels that the Agency has reached an
incorrect conclusion or the Contracting Officer has applied an
inappropriate remedy, the party may provide a written response to
the Contracting Officer, Scientific Integrity Official, and/or OIG.
    (f) Subcontractors and Consultants. The Contractor agrees to
insert language in any subcontract or consultant agreement placed
hereunder which must conform substantially to the language of this
clause, including this paragraph (f), unless otherwise authorized in
advance in writing by the Contracting Officer.
    (g) Additional Resources. For more information about the EPA's
Scientific Integrity Policy, an introductory video can be accessed
at: https://youtu.be/FQJCy8BXXq8. A training video is available at:
https://youtu.be/Zc0T7fooot8.

(End of clause)

[FR Doc. 2020-20665 Filed 10-16-20; 8:45 am]
BILLING CODE 6560-50-P


\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Alleghany, Botetourt, Covington City, and Giles Counties will be designated by December 31, 2020.

* * * * *

0
49. Section 81.348 is amended by adding a table titled ``Washington--
2010 Sulfur Dioxide NAAQS (Primary)'' following the table
``Washington--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to
read as follows:

Sec.  81.348   Washington.

* * * * *

                                 Washington--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
             Designated area 1              --------------------------------------------------------------------
                                                 Date 2                              Type
----------------------------------------------------------------------------------------------------------------
Lewis County...............................  ..............  Unclassifiable.
Thurston County............................  ..............  Unclassifiable.
Rest of State: \3\
    Adams..................................  ..............  Attainment/Unclassifiable.
    Asotin.................................  ..............  Attainment/Unclassifiable.
    Benton.................................  ..............  Attainment/Unclassifiable.
    Clallam................................  ..............  Attainment/Unclassifiable.
    Clark..................................  ..............  Attainment/Unclassifiable.
    Columbia...............................  ..............  Attainment/Unclassifiable.
    Cowlitz................................  ..............  Attainment/Unclassifiable.
    Ferry..................................  ..............  Attainment/Unclassifiable.
    Franklin...............................  ..............  Attainment/Unclassifiable.
    Garfield...............................  ..............  Attainment/Unclassifiable.
    Grant..................................  ..............  Attainment/Unclassifiable.
    Grays Harbor...........................  ..............  Attainment/Unclassifiable.
    Island.................................  ..............  Attainment/Unclassifiable.
    Jefferson..............................  ..............  Attainment/Unclassifiable.
    King...................................  ..............  Attainment/Unclassifiable.
    Kitsap.................................  ..............  Attainment/Unclassifiable.
    Kittitas...............................  ..............  Attainment/Unclassifiable.
    Klickitat..............................  ..............  Attainment/Unclassifiable.
    Lincoln................................  ..............  Attainment/Unclassifiable.
    Mason..................................  ..............  Attainment/Unclassifiable.
    Okanogan...............................  ..............  Attainment/Unclassifiable.
    Pacific................................  ..............  Attainment/Unclassifiable.
    Pend Oreille...........................  ..............  Attainment/Unclassifiable.
    Pierce.................................  ..............  Attainment/Unclassifiable.
    San Juan...............................  ..............  Attainment/Unclassifiable.
    Skagit.................................  ..............  Attainment/Unclassifiable.
    Skamania...............................  ..............  Attainment/Unclassifiable.
    Snohomish..............................  ..............  Attainment/Unclassifiable.
    Spokane................................  ..............  Attainment/Unclassifiable.
    Stevens................................  ..............  Attainment/Unclassifiable.
    Wahkiakum..............................  ..............  Attainment/Unclassifiable.
    Walla Walla............................  ..............  Attainment/Unclassifiable.
    Whitman................................  ..............  Attainment/Unclassifiable.
    Yakima.................................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Chelan, Douglas, and Whatcom Counties will be designated by December 31, 2020.

* * * * *

0
50. Section 81.349 is amended by revising the table entitled ``West
Virginia--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:

Sec.  81.349  West Virginia.

* * * * *

                               West Virginia--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
            Designated area 1 3             --------------------------------------------------------------------
                                                 Date 2                              Type
----------------------------------------------------------------------------------------------------------------
Steubenville, OH-WV
    Brooke County (part)...................         10/4/13  Nonattainment.
        Area bounded by the Cross Creek Tax
         District.
Marshall, WV
    Marshall County (part).................         10/4/13  Nonattainment.
        Area consisting of Clay Tax
         District, Franklin Tax District,
         and Washington Tax District.
Wood County................................  ..............  Unclassifiable.
Barbour County.............................  ..............  Attainment/Unclassifiable.
Berkeley County............................  ..............  Attainment/Unclassifiable.

Boone County...............................  ..............  Attainment/Unclassifiable.
Braxton County.............................  ..............  Attainment/Unclassifiable.
Brooke County (part).......................  ..............  Attainment/Unclassifiable.
        Area consisting of Buffalo Tax
         District.
Cabell County..............................  ..............  Attainment/Unclassifiable.
Calhoun County.............................  ..............  Attainment/Unclassifiable.
Clay County................................  ..............  Attainment/Unclassifiable.
Doddridge County...........................  ..............  Attainment/Unclassifiable.
Fayette County.............................  ..............  Attainment/Unclassifiable.
Gilmer County..............................  ..............  Attainment/Unclassifiable.
Grant County...............................  ..............  Attainment/Unclassifiable.
Greenbrier County..........................  ..............  Attainment/Unclassifiable.
Hampshire County...........................  ..............  Attainment/Unclassifiable.
Hancock County.............................  ..............  Attainment/Unclassifiable.
Hardy County...............................  ..............  Attainment/Unclassifiable.
Harrison County............................  ..............  Attainment/Unclassifiable.
Jackson County.............................  ..............  Attainment/Unclassifiable.
Jefferson County...........................  ..............  Attainment/Unclassifiable.
Kanawha County.............................  ..............  Attainment/Unclassifiable.
Lewis County...............................  ..............  Attainment/Unclassifiable.
Lincoln County.............................  ..............  Attainment/Unclassifiable.
Logan County...............................  ..............  Attainment/Unclassifiable.
Marion County..............................  ..............  Attainment/Unclassifiable.
Marshall County (part).....................  ..............  Attainment/Unclassifiable.
        Area consisting of Cameron Tax
         District, Liberty Tax District,
         Meade Tax District, Sand Hill Tax
         District, Union Tax District, and
         Webster Tax District.
Mason County...............................  ..............  Attainment/Unclassifiable.
McDowell County............................  ..............  Attainment/Unclassifiable.
Mercer County..............................  ..............  Attainment/Unclassifiable.
Mingo County...............................  ..............  Attainment/Unclassifiable.
Monongalia County..........................  ..............  Attainment/Unclassifiable.
Monroe County..............................  ..............  Attainment/Unclassifiable.
Morgan County..............................  ..............  Attainment/Unclassifiable.
Nicholas County............................  ..............  Attainment/Unclassifiable.
Ohio County................................  ..............  Attainment/Unclassifiable.
Pendleton County...........................  ..............  Attainment/Unclassifiable.
Pleasants County...........................  ..............  Attainment/Unclassifiable.
Pocahontas County..........................  ..............  Attainment/Unclassifiable.
Preston County.............................  ..............  Attainment/Unclassifiable.
Putnam County..............................  ..............  Attainment/Unclassifiable.
Raleigh County.............................  ..............  Attainment/Unclassifiable.
Randolph County............................  ..............  Attainment/Unclassifiable.
Ritchie County.............................  ..............  Attainment/Unclassifiable.
Roane County...............................  ..............  Attainment/Unclassifiable.
Summers County.............................  ..............  Attainment/Unclassifiable.
Taylor County..............................  ..............  Attainment/Unclassifiable.
Tucker County..............................  ..............  Attainment/Unclassifiable.
Tyler County...............................  ..............  Attainment/Unclassifiable.
Upshur County..............................  ..............  Attainment/Unclassifiable.
Wayne County...............................  ..............  Attainment/Unclassifiable.
Webster County.............................  ..............  Attainment/Unclassifiable.
Wetzel County..............................  ..............  Attainment/Unclassifiable.
Wirt County................................  ..............  Attainment/Unclassifiable.
Wyoming County.............................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Mineral County will be designated by December 31, 2020.

* * * * *

0
51. Section 81.350 is amended by revising the table entitled
``Wisconsin--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:

Sec.  81.350  Wisconsin.

* * * * *

                                 Wisconsin--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
            Designated Area 1 4             --------------------------------------------------------------------
                                                 Date 2                              Type
----------------------------------------------------------------------------------------------------------------
Rhinelander, WI............................         10/4/13  Nonattainment.
    Oneida County (part)
        City of Rhinelander, Crescent Town,
         Newbold Town, Pine Lake Town, and
         Pelican Town.
Columbia County, WI........................         9/12/16  Attainment/Unclassifiable.
    Columbia County
Adams County...............................  ..............  Attainment/Unclassifiable.
Ashland County.............................  ..............  Attainment/Unclassifiable.
Barron County..............................  ..............  Attainment/Unclassifiable.
Bayfield County............................  ..............  Attainment/Unclassifiable.
Brown County...............................  ..............  Attainment/Unclassifiable.
Buffalo County.............................  ..............  Attainment/Unclassifiable.
Burnett County.............................  ..............  Attainment/Unclassifiable.
Calment County.............................  ..............  Attainment/Unclassifiable.
Chippewa County............................  ..............  Attainment/Unclassifiable.
Clark County...............................  ..............  Attainment/Unclassifiable.
Crawford County............................  ..............  Attainment/Unclassifiable.
Dane County................................  ..............  Attainment/Unclassifiable.
Dodge County...............................  ..............  Attainment/Unclassifiable.
Door County................................  ..............  Attainment/Unclassifiable.
Douglas County.............................  ..............  Attainment/Unclassifiable.
Dunn County................................  ..............  Attainment/Unclassifiable.
Eau Claire County..........................  ..............  Attainment/Unclassifiable.
Florence County............................  ..............  Attainment/Unclassifiable.
Fond du Lac County.........................  ..............  Attainment/Unclassifiable.
Forest County..............................  ..............  Attainment/Unclassifiable.
Grant County...............................  ..............  Attainment/Unclassifiable.
Green County...............................  ..............  Attainment/Unclassifiable.
Green Lake County..........................  ..............  Attainment/Unclassifiable.
Iowa County................................  ..............  Attainment/Unclassifiable.
Iron County................................  ..............  Attainment/Unclassifiable.
Jackson County.............................  ..............  Attainment/Unclassifiable.
Jefferson County...........................  ..............  Attainment/Unclassifiable.
Juneau County..............................  ..............  Attainment/Unclassifiable.
Kenosha County.............................  ..............  Attainment/Unclassifiable.
Kewaunee County............................  ..............  Attainment/Unclassifiable.
La Crosse County...........................  ..............  Attainment/Unclassifiable.
Lafayette County...........................  ..............  Attainment/Unclassifiable.
Langlade County............................  ..............  Attainment/Unclassifiable.
Lincoln County.............................  ..............  Attainment/Unclassifiable.
Manitowoc County...........................  ..............  Attainment/Unclassifiable.
Marathon County............................  ..............  Attainment/Unclassifiable.
Marinette County...........................  ..............  Attainment/Unclassifiable.
Marquette County...........................  ..............  Attainment/Unclassifiable.
Menominee County...........................  ..............  Attainment/Unclassifiable.
Milwaukee County...........................  ..............  Attainment/Unclassifiable.
Monroe County..............................  ..............  Attainment/Unclassifiable.
Oconto County..............................  ..............  Attainment/Unclassifiable.
Oneida County..............................  ..............  Attainment/Unclassifiable.
Ozaukee County.............................  ..............  Attainment/Unclassifiable.
Pepin County...............................  ..............  Attainment/Unclassifiable.
Pierce County..............................  ..............  Attainment/Unclassifiable.
Polk County................................  ..............  Attainment/Unclassifiable.
Portage County.............................  ..............  Attainment/Unclassifiable.
Price County...............................  ..............  Attainment/Unclassifiable.
Racine County..............................  ..............  Attainment/Unclassifiable.
Richland County............................  ..............  Attainment/Unclassifiable.
Rock County................................  ..............  Attainment/Unclassifiable.
Rusk County................................  ..............  Attainment/Unclassifiable.
St. Croix County...........................  ..............  Attainment/Unclassifiable.
Sauk County................................  ..............  Attainment/Unclassifiable.
Sawyer County..............................  ..............  Attainment/Unclassifiable.
Shawano County.............................  ..............  Attainment/Unclassifiable.
Sheboygan County...........................  ..............  Attainment/Unclassifiable.
Taylor County..............................  ..............  Attainment/Unclassifiable.
Trempealeau County.........................  ..............  Attainment/Unclassifiable.
Vernon County..............................  ..............  Attainment/Unclassifiable.
Vilas County...............................  ..............  Attainment/Unclassifiable.
Walworth County............................  ..............  Attainment/Unclassifiable.
Washburn County............................  ..............  Attainment/Unclassifiable.

Washington County..........................  ..............  Attainment/Unclassifiable.
Waukesha County............................  ..............  Attainment/Unclassifiable.
Waupaca County.............................  ..............  Attainment/Unclassifiable.
Waushara County............................  ..............  Attainment/Unclassifiable.
Winnebago County...........................  ..............  Attainment/Unclassifiable.
Wood County................................  ..............  Attainment/Unclassifiable.
Forest County Potawatomi Community Indian    ..............  Attainment/Unclassifiable.
 Tribe \3\.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Includes Indian country of the tribe listed in this table located in Forest County, Wisconsin. Information
  pertaining to areas of Indian country in this table is intended for Clean Air Act planning purposes only and
  is not an EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority
  to establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.
\4\ Outagamie County will be designated by December 31, 2020.

* * * * *

0
52. Section 81.351 is amended by adding a table titled ``Wyoming--2010
Sulfur Dioxide NAAQS (Primary)'' following the table ``Wyoming--1971
Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:

Sec.  81.351  Wyoming.

* * * * *

                                  Wyoming--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
            Designated area 1 2             --------------------------------------------------------------------
                                                 Date 3                              Type
----------------------------------------------------------------------------------------------------------------
Albany County..............................  ..............  Attainment/Unclassifiable.
Big Horn County............................  ..............  Attainment/Unclassifiable.
Campbell County............................  ..............  Attainment/Unclassifiable.
Crook County...............................  ..............  Attainment/Unclassifiable.
Fremont County (part)......................  ..............  Attainment/Unclassifiable.
    All areas west of the western border of                  ...................................................
     Township 40North-Range 93West, T39N-
     R93W, and T38N-R93W, and south of US
     Route 20.
Goshen County..............................  ..............  Attainment/Unclassifiable.
Hot Springs County.........................  ..............  Attainment/Unclassifiable.
Johnson County.............................  ..............  Attainment/Unclassifiable.
Lincoln County.............................  ..............  Attainment/Unclassifiable.
Natrona County.............................  ..............  Attainment/Unclassifiable.
Niobrara County............................  ..............  Attainment/Unclassifiable.
Park County................................  ..............  Attainment/Unclassifiable.
Platte County..............................  ..............  Attainment/Unclassifiable.
Sheridan County............................  ..............  Attainment/Unclassifiable.
Sublette County............................  ..............  Attainment/Unclassifiable.
Sweetwater County (part)...................  ..............  Attainment/Unclassifiable.
    All areas of the county east of US                       ...................................................
     Route 191.
Teton County...............................  ..............  Attainment/Unclassifiable.
Uinta County...............................  ..............  Attainment/Unclassifiable.
Washakie County............................  ..............  Attainment/Unclassifiable.
Weston County..............................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ Carbon and Converse Counties, and the remaining portions of Fremont and Sweetwater Counties, all which will
  be designated by December 31, 2020.
\3\ This date is April 9, 2018, unless otherwise noted.

* * * * *

0
53. Section 81.352 is amended by adding a table titled ``American
Samoa--2010 Sulfur Dioxide NAAQS (Primary)'' following the table
``American Samoa--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''
to read as follows:

Sec.  81.352  American Samoa.

* * * * *

                               American Samoa--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
             Designated area 1              --------------------------------------------------------------------
                                                 Date 2                              Type
----------------------------------------------------------------------------------------------------------------
Territory Wide.............................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *

0
54. Section 81.353 is amended by adding a table titled ``Guam--2010
Sulfur Dioxide NAAQS (Primary)'' following the table ``Guam--1971
Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:

Sec.  81.353   Guam.

* * * * *

                                    Guam--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
             Designated area 1              --------------------------------------------------------------------
                                                 Date 2                              Type
----------------------------------------------------------------------------------------------------------------
Piti-Cabras................................  ..............  Nonattainment.
    The portion of Guam within a 6.074-km                    ...................................................
     radius centered on UTM Easting
     249,601.60 m, and UTM Northing
     1,489,602.00 m (UTM Zone 55N).
Rest of Territory..........................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *

0
55. Section 81.354 is amended by adding a table titled ``Northern
Mariana Islands--2010 Sulfur Dioxide NAAQS (Primary)'' following the
table ``Northern Mariana Islands--1971 Sulfur Dioxide NAAQS (Primary
and Secondary)'' to read as follows:

Sec.  81.354  Northern Mariana Islands.

* * * * *

                          Northern Mariana Islands--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
             Designated area 1              --------------------------------------------------------------------
                                                 Date 2                              Type
----------------------------------------------------------------------------------------------------------------
Territory Wide.............................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *

0
56. Section 81.355 is amended by adding a table titled ``Puerto Rico--
2010 Sulfur Dioxide NAAQS (Primary)'' following the table ``Puerto
Rico--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as
follows:

Sec.  81.355   Puerto Rico.

* * * * *

                                Puerto Rico--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
             Designated area 1              --------------------------------------------------------------------
                                                 Date 2                              Type
----------------------------------------------------------------------------------------------------------------
San Juan, PR:                                                ...................................................
    Cata[ntilde]o Municipality.............  ..............  Nonattainment.
    Toa Baja Municipality (part)...........  ..............  Nonattainment.
        Palo Seco Ward.                                      ...................................................
        Sabana Seca Ward.                                    ...................................................
    San Juan Municipality (part)...........  ..............  Nonattainment.
        San Juan Antiguo Ward.                               ...................................................
        Santurce Ward.                                       ...................................................
        Hato Rey Norte Ward.                                 ...................................................
        Gobernador Pinero Ward.                              ...................................................
    Guaynabo Municipality (part)...........  ..............  Nonattainment.

        Pueblo Viejo Ward.                                   ...................................................
    Bayam[oacute]n Municipality (part).....  ..............  Nonattainment.
        Juan S[aacute]nchez Ward.                            ...................................................
Guayama-Salinas, PR:                                         ...................................................
    Salinas Municipality (part)............  ..............  Nonattainment.
        Aguirre Ward.                                        ...................................................
        Lapa Ward.                                           ...................................................
Rest of Territory..........................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining
  the boundaries of any area of Indian country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in the designation area is not a
  determination that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *

0
57. Section 81.356 is amended by adding a table entitled ``Virgin
Islands--2010 Sulfur Dioxide NAAQS (Primary)'' following the table
``Virgin Islands--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''
to read as follows:

Sec.  81.356  Virgin Islands.

* * * * *

                               Virgin Islands--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                         Designation
            Designated area \1\             --------------------------------------------------------------------
                                                Date \2\                             Type
----------------------------------------------------------------------------------------------------------------
All of Virgin Islands AQCR 247.............  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

* * * * *

[FR Doc. 2017-28423 Filed 1-8-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Proposed Rules]
[Page 64968-64969]
[DOCID:fr21oc10-16]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0841; Airspace Docket No. 10-ACE-11]

Proposed Amendment of Class E Airspace; Johnson, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to amend Class E airspace at Johnson, KS.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at Stanton County Municipal
Airport. Minor adjustments to geographic coordinates also would be
made. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rules (IFR) operations at the airport.

DATES: Comments must be received on or before December 6, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2010-0841/Airspace Docket No. 10-
ACE-11, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2010-0841/
Airspace Docket No. 10-ACE-11.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by adding additional Class E airspace extending
upward from 700 feet above the surface for SIAPs at Stanton County
Municipal Airport, Johnson, KS. Controlled airspace is needed for the
safety and management of IFR operations at the airport. Adjustments to
the geographic coordinates for the airport also would be made in
accordance with the FAA's National Aeronautical Navigation Services.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010, and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would add additional controlled airspace at Stanton County
Municipal Airport, Johnson, KS.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9U Airspace Designations and Reporting Points, signed August 18,
2010, and effective September 15, 2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ACE KS E5 Johnson, KS [Amended]

Stanton County Municipal Airport, KS
    (Lat. 37[deg]35'07'' N., long. 101[deg]43'56'' W.)
Bear Creek NDB
    (Lat. 37[deg]38'08'' N., long. 101[deg]44'05'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Stanton County Municipal Airport, and
within 8 miles west and 4 miles east of the Bear Creek NDB 358[deg]
bearing extending from the 6.6-mile radius to 16 miles north of the
NDB.

    Issued in Fort Worth, TX, on October 6, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-26530 Filed 10-20-10; 8:45 am]
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[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Page 63725]
[FR Doc No: 2012-25539]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0808]

Drawbridge Operation Regulations; Old River, Orwood, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of cancellation of a temporary deviation from
regulations.

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SUMMARY: The Coast Guard is canceling the temporary deviation
concerning the Burlington Northern & Santa Fe Railroad (BNSF)
Drawbridge across Old River, mile 10.4, at Orwood, CA. This
cancellation was requested by the bridge owner due to their inability
to operate the BNSF Middle River drawbridge as an alternative path for
navigation.

DATES: The temporary deviation published on September 21, 2012 (77 FR
58491) is cancelled as of October 17, 2012.

ADDRESSES: The docket for this cancelled deviation is available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2012-0808 in the ``Keyword'' box and then clicking
``Search''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Basis and Purpose

    On September 21, 2012, we published a temporary deviation entitled
``Drawbridge Operation Regulation; Old River, Orwood CA'' in the
Federal Register (77 FR 58491). The temporary deviation concerned the
Burlington Northern & Santa Fe Railroad (BNSF) Drawbridge across Old
River, mile 10.4, at Orwood, CA. The deviation was to allow the bridge
owner to perform essential mechanical repairs while the bridge remained
in the closed-to-navigation position from 8 a.m. October 22, 2012 to 4
p.m. on October 26, 2012. This deviation from the operating regulations
was authorized under 33 CFR 117.35.

B. Cancellation

    The temporary deviation is canceled due the unexpected
unavailability of an alternative path for navigation during the
proposed times and dates of the repair work.

    Dated: October 5, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2012-25539 Filed 10-16-12; 8:45 am]
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[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Page 19715]
[FR Doc No: 2017-08639]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9032-8]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/nepa.

Weekly Receipt of Environmental Impact Statements (EISs)

Filed 04/17/2017 through 04/21/2017
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20170064, Draft, USFS, CA, Horse Creek Community Protection and
Forest Restoration Project, Comment Period Ends: 06/13/2017, Contact:
Lisa Bousfield<PHONE_NUMBER>.
EIS No. 20170065, Draft, FHWA, TXDOT, TX, North Houston Highway
Improvement Project, Comment Period Ends: 06/27/2017, Contact: Carlos
Swonke<PHONE_NUMBER>.

    The Texas Department of Transportation is the Lead Agency for the
above project.

EIS No. 20170066, Final Supplement, USFS, OR, Ochoco Summit Trail
System, Review Period Ends: 05/30/2017, Contact: Marcy Anderson 541-
416-6463.
EIS No. 20170067, Final, VA, KY, Replacement Robley Rex VA Medical
Center, Review Period Ends: 05/30/2017, Contact: Glenn Wittman 224-610-
3531.
EIS No. 20170068, Final, DOE, Other, ADOPTION--Delfin LNG Deepwater
Port, Contact: Kyle Moorman<PHONE_NUMBER>, The Department of Energy
(DOE) has adopted the U.S. Coast Guard and the U.S. Maritime
Administration's FEIS #20160277, filed with EPA on 11/18/2016. The DOE
was a cooperating agency for this project. Therefore, recirculation of
the EIS is not deemed necessary under Section 1506.3(c) of the CEQ
Regulations.

Amended Notices

EIS No. 20170011, Draft, APHIS, Other, Revisions to USDA-APHIS 7 CFR
part 340 Regulations Governing the Importation, Interstate Movement,
and Environmental Release of Genetically Engineered Organisms, Comment
Period Ends: 06/19/2017, Contact: Cindy Eck<PHONE_NUMBER>, Revision to
Federal Register Notice Published 01/23/2017; Extending Comment Period
from 05/22/2017 to 06/19/2017.

    Dated: April 25, 2017.
Dawn Roberts,
Management Analyst, NEPA Compliance Division Office of Federal
Activities.
[FR Doc. 2017-08639 Filed 4-27-17; 8:45 am]
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