Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations 78717 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 207 

Reservoirs at Headwaters of the 

Mississippi River; Use and 

Administration 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers is amending the rules 

regarding use and administration of the 

reservoirs at the headwaters of the 

Mississippi River by deleting from the 

Code of Federal Regulations all 

references to minimum discharges and 

to operating limits for the reservoirs. 

Following extensive public input and 

environmental review, the St. Paul 

District of the Corps of Engineers 

recently adopted an updated operating 

plan for the Mississippi River 

Headwaters reservoirs containing 

minimum flow values that differ from 

those currently codified in the Code of 

Federal Regulations. Deleting all 

references to minimum flows in the 

regulations will eliminate the current 

discrepancy between the regulations 

and the approved operating plan for the 

reservoirs. The operating limits are also 

contained in the operating plan for the 

reservoirs, and eliminating both the 

minimum flow values and the operating 

limits from the rule will make it 

unnecessary to amend the regulations 

each time the values are modified in the 

operating plan in the future. 

DATES: Effective Date: January 27, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Headquarters, Engineering and 

Construction Community of Practice, 

Washington, DC at 202–761–4922, or 

Mr. Kenton Spading, U.S. Army Corps 

of Engineers, St. Paul District, at 651– 

290–5623. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this action is to amend 

the current rule regarding minimum 

discharges and minimum operating 

limits of the reservoirs at the headwaters 

of the Mississippi River to ensure that 

the regulations do not conflict with the 

current operating plan for those 

reservoirs. 

The Corps’ authority to amend the 

minimum flow values and minimum 

operating limits for the reservoirs of the 

headwaters of the Mississippi River is 

Section 7 of the Rivers and Harbors Act 

of 1917 (40 Stat. 266; 33 U.S.C. 1) and 

Section 216 of the Flood Control Act of 

1970 (84 Stat. 1830; 33 U.S.C. 549a). 

Background 

The Rivers and Harbors Acts of June 

14, 1880, and August 2, 1882, 

authorized the construction of dams at 

each of the six Mississippi River 

Headwaters lakes for the purpose of 

augmenting Mississippi River flow for 

navigation. The lakes affected by these 

acts are Winnibigoshish, Leech, 

Pokegama, Sandy, Cross (Pine River), 

and Gull. Following authorization of the 

reservoirs, the Secretary of War 

prescribed regulations governing 

operation of the reservoirs on February 

11, 1931, which were codified at 33 CFR 

207.340. The current regulations list 

minimum discharges for each reservoir 

at 33 CFR 207.340(d)(2). The current 

regulations also list minimum operating 

limits, or the lowest level at which the 

Corps may operate each reservoir, at 33 

CFR 207.340(d)(7). 

The Corps’ procedure adopting and 

publishing regulations related to 

reservoirs has changed since the 

aforementioned regulations were 

originally codified in 1931. The presentday practice is to include minimum 

flow values, operating limits and other 

related information in Water Control 

Manuals that are adopted following an 

extensive public and environmental 

review process, as outlined in Engineer 

Regulation (ER) 1110–2–240. Moreover, 

the operating limits in the Water Control 

Manuals prescribe not only the 

minimum level at which a reservoir may 

operate but also the absolute upper limit 

on reservoir operations, effectively 

providing a band within which the 

Corps may operate a reservoir. 

As a precursor to updating the Water 

Control Manuals for the Mississippi 

River Headwaters reservoirs in 2009, we 

completed a study known as the 

Mississippi River Headwaters Reservoir 

Operating Plan Evaluation (ROPE). The 

primary purpose of the ROPE was to 

evaluate alternative operating plans for 

the Headwaters reservoirs in an attempt 

to improve the operation of the system 

while balancing tribal trust obligations, 

flood risk reduction, environmental 

concerns, water quality, water supply, 

recreation, navigation, hydropower, and 

other public interests. 

On January 19, 2010, after thoroughly 

assessing potential environmental 

impacts and involving the public in the 

process, the District Engineer for the St. 

Paul District signed a Record of 

Decision approving the ROPE’s 

recommended operating plan for the 

Headwaters reservoirs. The ROPE’s 

recommended plan adopts minimum 

discharges that were scientifically 

developed using a habitat in-stream 

flow analysis (Tenant 1976), as 

described in the ROPE. The minimum 

discharges in the ROPE’s recommended 

plan differ from the minimum 

discharges listed in 33 CFR 207.340 as 

it is currently written. We are in the 

process of updating the Water Control 

Manuals for the Headwaters reservoirs 

to implement the recommendations 

from the 2009 ROPE. Once the Water 

Control Manuals are revised, the 

minimum discharge values in the 

revised Water Control Manuals will also 

be in conflict with 33 CFR 207.340 if the 

regulation is not amended. Table No. 1 

illustrates the differences between the 

current regulations and the 2009 ROPE 

study minimum flows. 

TABLE 1—MISSISSIPPI RIVER HEADWATER RESERVOIR SYSTEM OPERATING LIMITS AND CFR 

VERSUS ROPE MINIMUM DISCHARGES

Winnibigoshish Leech Pokegama Sandy Cross L. Pine R. Gull 

Total Operating Limit 1294.94–1303.14 ........ 1292.70–1297.94 ..... 1270.42–1278.42 ..... 1214.31–1221.31 ..... 1225.32–1235.30 ..... 1192.75–1194.75. 

Minimum Flow: 33 

CFR § 207.340.

150 cfs ......................... 70 cfs ....................... 200 cfs ..................... 80 cfs ....................... 90 cfs ....................... 30 cfs. 

Minimum Flow: 2009 

ROPE.

≥ 1294.94 100 cfs < 

1294.94 50 cfs.

≥ 1292.70 120 cfs < 

1292.70 60 cfs.

≥ 1273.17 200 cfs < 

1273.17 Sum of 

Flow From Winnibigoshish plus 

Leech.

≥ 1214.31 20 cfs < 

1214.31 10 cfs.

≥ 1225.32 30 cfs < 

1225.32 15 cfs.

≥ 1192.75 20 cfs < 

1192.75 10 cfs 

The Mississippi River Headwaters 

proposed rule change was published for 

review and comment in the Federal 

Register on July 15, 2013 (78 FR 42030). 

The regulations.gov docket number was 

COE–2013–0008. No comments were 


tkelley on DSK3SPTVN1PROD with RULES
78718 Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations 

received by the end of the review and 

comment period on September 13, 2013. 

We are amending the regulations to 

delete all references to minimum flows 

to eliminate any conflict between the 

regulations and the Water Control 

Manuals that guide operations at the 

Mississippi River Headwaters 

reservoirs. We are removing the 

minimum operating limits from the 

regulations. Any future changes to the 

minimum flows or the operating limits 

of the Headwaters reservoirs will be 

handled through revisions to the Water 

Control Manuals, which will be 

accomplished in accordance with the 

guidance provided in ER 1110–2–240 

after public input and any necessary 

environmental reviews. The change to 

the rule will eliminate the necessity of 

amending the Code of Federal 

Regulations each time a Water Control 

Manual is updated. 

Administrative Requirements 

Plain Language 

In compliance with the principles in 

the President’s Memorandum of June 1, 

1998, (63 FR 31855) regarding plain 

language, this preamble is written using 

plain language. The use of ‘‘we’’ in this 

notice refers to the Corps. We have also 

used the active voice, short sentences, 

and common everyday terms except for 

necessary technical terms. 

Paperwork Reduction Act 

This action will not impose any new 

information collection burden under the 

provisions of the Paperwork Production 

Act (44 U.S.C. 3501 et seq.). The 

modification would eliminate minimum 

flow values and operating limits from 

the rule. Since the rule does not involve 

any additional collection of information 

from the public, this action is not 

subject to the Paperwork Reduction Act. 

Executive Order 12866 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Corps must 

determine whether the regulatory action 

is ‘‘significant’’ and therefore subject to 

review by OMB and the requirements of 

the Executive Order. The Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Pursuant to the terms of Executive 

Order 12866, we have determined that 

the rule is not a ‘‘significant regulatory 

action’’ because it does not meet any of 

these four criteria. The rule modifies the 

regulations to be consistent with an 

approved, updated operating plan for 

the Mississippi River Headwaters 

reservoirs. 

Executive Order 13132 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires the Corps 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.’’ The phrase ‘‘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.’’ 

The rule does not have Federalism 

implications. We do not believe that 

amending the regulation to eliminate 

references to minimum flow values and 

operating limits for the Mississippi 

River Headwaters reservoirs will have 

substantial direct effects on the States, 

on the relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The rule does not 

impose new substantive requirements. 

In addition, the changes will not impose 

any additional substantive obligations 

on State or local governments. 

Therefore, Executive Order 13132 does 

not apply to this rule. 

Regulatory Flexibility Act, as Amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996, 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 impacts 

of this rule on small entities, a small 

entity is defined as: (1) A small business 

based on Small Business Administration 

size standards; (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 the rule on small entities, we 

believe that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

The rule is consistent with current 

agency practice, does not impose new 

substantive requirements, and therefore 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 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. Under Section 202 of the UMRA, 

the agencies generally must prepare a 

written statement, including a costbenefit analysis, for proposed and final 

rules with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any one year. 

Before promulgating a rule for which a 

written statement is needed, Section 205 

of the UMRA generally requires the 

agencies to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective, or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows an agency 

to adopt an alternative other than the 

least costly, most cost-effective, or least 

burdensome alternative if the agency 

publishes with the final rule an 

explanation why that alternative was 

not adopted. Before an agency 

establishes any regulatory requirements 

that may significantly or uniquely affect 

small governments, including Tribal 

governments, it must have developed, 

under Section 203 of the UMRA, a small 

government agency plan. The plan must 

provide for notifying potentially 


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Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations 78719 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of regulatory proposals 

with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

We have determined that the rule 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any one year. The 

rule is consistent with current agency 

practice, does not impose new 

substantive requirements and therefore 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any one year. 

Therefore, the rule is not subject to the 

requirements of Sections 202 and 205 of 

the UMRA. For the same reasons, we 

have determined that the rule contains 

no regulatory requirements that might 

significantly or uniquely affect small 

governments. Therefore, the rule is not 

subject to the requirements of Section 

203 of UMRA. 

Executive Order 13045 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), applies to any rule that: 

(1) is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

we have reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

we must evaluate the environmental 

health or safety effects of the rule on 

children, and explain why the 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives. 

The rule is not subject to this 

Executive Order because it is not 

economically significant as defined in 

Executive Order 12866. In addition, it 

does not concern an environmental or 

safety risk that we have reason to 

believe may have a disproportionate 

effect on children. 

Executive Order 13175 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires 

agencies to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ The phrase 

‘‘policies that have tribal implications’’ 

is defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on one or 

more Indian tribes, on the relationship 

between the Federal government and 

the Indian tribes, or on the distribution 

of power and responsibilities between 

the Federal government and Indian 

tribes.’’ 

The rule does not have tribal 

implications. It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes. It is 

generally consistent with current agency 

practice and does not impose new 

substantive requirements. Therefore, 

Executive Order 13175 does not apply 

to this rule. 

Environmental Documentation 

The purpose of this rule is to make 

the Code of Federal Regulations 

consistent with the current operating 

plan for the Mississippi River 

Headwaters Reservoirs. This action is 

solely administrative in nature. There is 

no intended change in the use or 

operation of the reservoirs as a result of 

this action. The substantive change in 

reservoir operations has already 

occurred as a consequence of the 

adoption of an updated operating plan, 

as approved in the Record of Decision 

for Mississippi River Headwaters 

Reservoir Operating Plan Evaluation 

dated January 19, 2010. The potential 

environmental impacts of the updated 

operating plan were thoroughly assessed 

in the Final Integrated Reservoir 

Operating Plan Evaluation and 

Environmental Impact Statement dated 

September 2009. Because the present 

action is merely administrative and an 

environmental analysis was completed 

at the time the substantive changes to 

the operating plan were adopted, no 

additional environmental 

documentation will be required at this 

time. 

Congressional Review Act 

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. We 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. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. The rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Executive Order 12898 

Executive Order 12898 requires that, 

to the greatest extent practicable and 

permitted by law, each Federal agency 

must make achieving environmental 

justice part of its mission. Executive 

Order 12898 provides that each Federal 

agency conduct its programs, policies, 

and activities that substantially affect 

human health or the environment in a 

manner that ensures that such programs, 

policies, and activities do not have the 

effect of excluding persons (including 

populations) from participation in, 

denying persons (including 

populations) the benefits of, or 

subjecting persons (including 

populations) to discrimination under 

such programs, policies, and activities 

because of their race, color, or national 

origin. 

The rule is not expected to negatively 

impact any community, and therefore is 

not expected to cause any 

disproportionately high and adverse 

impacts to minority or low-income 

communities. 

Executive Order 13211 

The rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

The proposed rule is consistent with 

current agency practice, does not 

impose new substantive requirements 

and therefore will not have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

List of Subjects in 33 CFR Part 207 

Navigation (water), Penalties, 

Reporting and recordkeeping 

requirements, Waterways. 

Dated: December 20, 2013. 

James R. Hannon, 

Chief, Operations and Regulatory. 

For the reasons stated in the 

preamble, the Corps amends 33 CFR 

part 207 as follows: 

PART 207—NAVIGATION 

REGULATIONS 

■ 1. The authority citation for part 207 

continues to read as follows: 


tkelley on DSK3SPTVN1PROD with RULES
78720 Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations 

Authority: 40 Stat. 266 (33 U.S.C. 1). 

■ 2. Revise § 207.340 to read as follows: 

§ 207.340 Reservoirs at headwaters of the 

Mississippi River; use and administration. 

(a) Description. These reservoirs 

include Winnibigoshish, Leech Lake, 

Pokegama, Sandy Lake, Pine River and 

Gull Lake. 

(b) Penalties. The River and Harbor 

Act approved August 11, 1888 (25 Stat. 

419, 33 U.S.C. 601) includes the 

following provisions as to the 

administration of the headwater 

reservoirs: 

And it shall be the duty of the 

Secretary of War to prescribe such rules 

and regulations in respect to the use and 

administration of said reservoirs as, in 

his judgment, the public interest and 

necessity may require; which rules and 

regulations shall be posted in some 

conspicuous place or places for the 

information of the public. And any 

person knowingly and willfully 

violating such rules and regulations 

shall be liable to a fine not exceeding 

five hundred dollars, or imprisonment 

not exceeding six months, the same to 

be enforced by prosecution in any 

district court of the United States within 

whose territorial jurisdiction such 

offense may have been committed. 

(c) Previous regulations now revoked. 

In accordance with the above act, the 

Secretary of War prescribed regulations 

for the use and administration of the 

reservoirs at the headwaters of the 

Mississippi River under date of 

February 11, 1931, which together with 

all subsequent amendments are hereby 

revoked and the following substituted 

therefor. 

(d) Authority of officer in charge of 

the reservoirs. The accumulation of 

water in, and discharge of water from 

the reservoirs, including that from one 

reservoir to another, shall be under the 

direction of the U.S. District Engineer, 

St. Paul, Minnesota, and of his 

authorized agents subject to the 

following restrictions and 

considerations: 

(1) Notwithstanding any other 

provision of this section, the discharge 

from any reservoir may be varied at any 

time as required to permit inspection of, 

or repairs to, the dams, dikes or their 

appurtenances, or to prevent damage to 

lands or structures above or below the 

dams. 

(2) During the season of navigation on 

the upper Mississippi River, the volume 

of water discharged from the reservoirs 

shall be so regulated by the officer in 

charge as to maintain as nearly as 

practicable, until navigation closes, a 

sufficient stage of water in the navigable 

reaches of the upper Mississippi and in 

those of any tributary thereto that may 

be navigated and on which a reservoir 

is located. 

(e) Passage of logs and other floating 

bodies. Logs and other floating bodies 

may be sluiced or locked through the 

dams, but prior authority for the 

sluicing of logs must be obtained from 

the District Engineer when this 

operation necessitates a material change 

in discharge. 

(f) Obstructions to flow of water. No 

person shall place floating bodies in a 

stream or pond above or below a 

reservoir dam when, in the opinion of 

the officer in charge, such act would 

prevent the necessary flow of water to 

or from such dam, or in any way injure 

the dam and its appurtenances, its dikes 

and embankments; and should floating 

bodies lying above or below a dam 

constitute at any time an obstruction or 

menace as beforesaid, the owners of said 

floating bodies will be required to 

remove them immediately. 

(g) Trespass. No one shall trespass on 

any reservoir dam, dike, embankment or 

upon any property pertaining thereto. 

[FR Doc. 2013–31078 Filed 12–26–13; 8:45 am] 

BILLING CODE 3720–58–P 

POSTAL SERVICE 

39 CFR Part 111 

Deferral of Compliance Date: FullService Intelligent Mail Barcode 

Requirement To Qualify for 

Automation Prices 

AGENCY: Postal ServiceTM. 

ACTION: Final rule; partial deferral of 

compliance date. 

SUMMARY: The Postal Service gives 

notice that it is deferring the previouslyannounced compliance date of January 

26, 2014, for mailers to use full-service 

Intelligent Mail® to qualify for 

automation prices when mailing FirstClass Mail®, Standard Mail®; 

Periodicals®, and Bound Printed 

Matter® mailpieces. 

DATES: The compliance date of the 

relevant portions of the final rule 

published April 18, 2013 (78 FR 23137) 

is delayed indefinitely. 

FOR FURTHER INFORMATION CONTACT: 

Lizbeth J. Dobbins at 202–268–3781. 

SUPPLEMENTARY INFORMATION: In Order 

No. 1890 (November 21, 2013), the 

Postal Regulatory Commission (PRC) 

determined that the price changes 

proposed in Docket No. R2013–10 could 

take effect as scheduled only if the 

Postal Service elected to defer the 

requirement for mailers to use fullservice Intelligent Mail to qualify for 

automation prices. 

Consistent with this Order, the United 

States Postal Service® hereby gives 

notice that the January 26, 2014, 

deadline to comply with the full-service 

Intelligent Mail requirements to qualify 

for automation prices, previously 

published on April 18, 2013, in a final 

rule in the Federal Register (78 FR 

23137–23149), is deferred until further 

notice. Specifically, this deferral applies 

to the requirements specified in DMM 

233.5.1 (First-Class commercial letters 

and cards); DMM 243.6.1.2, 243.6.4.1, 

243.6.5.1, and 243.7.1 (Standard Mail 

letters); DMM 333.5.1 (First-Class 

automation flats); DMM 343.7.1 

(Standard Mail automation flats); DMM 

363.4.1 and 363.6.1 (Bound Printed 

Matter flats); DMM 705.24.1 (advanced 

preparation and special postage 

payment systems); and DMM 707.13.4, 

707.14.1, and 707.14.2 (Periodicals). 

See, 78 FR 23146–23148. 

All other requirements that were 

published in the Federal Register (78 

FR 23137–23149) will be implemented 

on January 26, 2014. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2013–30705 Filed 12–26–13; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0965; FRL–9904–71– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Disapproval of State Implementation 

Plan Revision for ArcelorMittal Burns 

Harbor 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On December 10, 2009, 

Indiana submitted a request for a 

revision to its sulfur dioxide (SO2) state 

implementation plan (SIP) for the 

ArcelorMittal Burns Harbor LLC 

(ArcelorMittal) facility in Porter County, 

Indiana. This revision would remove 

the SO2 emission limit for the blast 

furnace gas flare at the facility. The 

Environmental Protection Agency (EPA) 

proposed to disapprove this requested 

revision on March 20, 2013. The EPA is 

addressing comments and finalizing the 

disapproval action. 

DATES: This final rule is effective on 

January 27, 2014. 


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