49990 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules 

Information request. Written requests 

are to be sent to the Division of Freedom 

of Information (ELEM–1029), Food and 

Drug Administration, 12420 Parklawn 

Dr., Element Bldg., Rockville, MD 

20857. Additionally, FDA will be video 

recording the public meeting. Once the 

recorded video is available, it will be 

accessible at FDA’s FSMA Web site at 

http://www.fda.gov/Food/Guidance

Regulation/FSMA/default.htm. 

Dated: August 13, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–19961 Filed 8–15–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2013–N–0888] 

Dean Foods Company and WhiteWave 

Foods Company; Filing of Food 

Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that we have filed a petition 

submitted by the Dean Foods Company 

and the WhiteWave Foods Company 

proposing that the food additive 

regulations be amended to provide for 

the expanded safe uses of vitamin D2

and vitamin D3 as nutrient supplements 

in food. 

DATES: The food additive petition was 

filed on June 27, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Judith Kidwell, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 240–402–1071. 

SUPPLEMENTARY INFORMATION: Under 

section 409(b)(5) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 

348(b)(5)), we are giving notice that we 

have filed a food additive petition (FAP 

3A4801), submitted by the Dean Foods 

Company and the WhiteWave Foods 

Company, c/o Hogan Lovells US LLP, 

Columbia Square, 555 Thirteenth Street 

NW., Washington, DC 20004. The 

petition proposes to amend 21 CFR 

172.379 to provide for the safe use of 

vitamin D2 as a nutrient supplement in 

edible plant-based food products 

intended for use as alternatives to milk 

and milk products and to amend 21 CFR 

172.380 to provide for the safe use of 

vitamin D3 as a nutrient supplement in 

milk at levels higher than those 

currently permitted. 

We have determined under 21 CFR 

25.32(k) that this action is of a type that 

does not individually or cumulatively 

have a significant effect on the human 

environment. Therefore, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

Dated: August 12, 2013. 

Dennis M. Keefe, 

Director, Office of Food Additive Safety, 

Center for Food Safety and Applied Nutrition. 

[FR Doc. 2013–19915 Filed 8–15–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 151 

[K00103 12/13 A3A10; 134D0102DR– 

DS5A300000–DR.5A311.IA000113; Docket 

ID: BIA–2013–0005] 

RIN 1076–AF15 

Land Acquisitions: Appeals of Land 

Acquisition Decisions 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule; Reopening of 

comment period. 

SUMMARY: In May, the Bureau of Indian 

Affairs (BIA) published a proposed rule 

revising a section of regulations 

governing decisions by the Secretary to 

approve or deny applications to acquire 

land in trust. The public comment 

period for that rule closed in July. This 

notice reopens the comment period for 

15 days. 

DATES: Comments on the proposed rule 

published May 29, 2013 (78 FR 32214) 

must be received by September 3, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods, though 

the Federal rulemaking portal or email 

are the preferred methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2013–0005. 

—Email: consultation@bia.gov. Include 

the number 1076–AF15 in the subject 

line of the message. 

—Mail or hand delivery: Elizabeth 

Appel, Office of Regulatory Affairs & 

Collaborative Action, U.S. Department 

of the Interior, 1849 C Street NW., 

MS–4141, Washington, DC 20240. 

Include the number 1076–AF15 in the 

submission. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Office of Regulatory 

Affairs & Collaborative Action, (202) 

273–4680; elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

On May 29, 2013, BIA published a 

proposed rule revising 25 CFR 151.12 

(78 FR 32214). The proposed rule would 

remove procedural requirements that 

are no longer necessary in light of the 

Patchak Supreme Court decision and 

increase transparency by better 

articulating the process for issuing 

decisions to acquire land in trust under 

25 CFR part 151. The comment period 

for the proposed rule closed July 29, 

2013. With this notice, BIA is reopening 

the comment period for an additional 15 

days, in response to requests it received 

from commenters for additional time. 

BIA will also consider any comments 

that it received between the close of the 

orginial comment period on July 29, 

2013 and the reopening of the comment 

period on August 16, 2013. If you 

submitted comments during this period, 

there is no need to resubmit them. 

Dated: August 9, 2013. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–19947 Filed 8–15–13; 8:45 am] 

BILLING CODE 4310–6W–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0455; FRL–9900–12- 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Revisions to the Knox County Portion 

of the Tennessee State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Knox County portion 

of the Tennessee State Implementation 

Plan (SIP), submitted by the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC) on December 13, 

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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules 49991 

1EPA notes that the language at subparagraph F 

that states ‘‘The change is not subject to 

requirements of a Title V Operating Permit (Section 

25.70), a New Source Review Permit (Section 41.0), 

or a Prevention of Significant Deterioration Permit 

(Section 45.0);’’ refers to the actual Knox County 

title V, PSD and NSR permitting regulations and not 

to an actual permit, as clarified in a email from 

Knox County on June 7, 2013. 

2012. The SIP submittal revises the 

definition of ‘‘Modification’’ in Knox 

County Air Quality Management 

Regulation Section 13 Definitions. TDEC 

considers Knox County’s SIP revision to 

be as or more stringent than the 

Tennessee SIP requirements. EPA is 

approving the Knox County SIP revision 

because the State has demonstrated that 

it is consistent with the Clean Air Act 

(CAA or Act). 

DATES: Written comments must be 

received on or before September 16, 

2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2013–0455, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2013– 

0455,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2013– 

0455. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Analysis of Knox County’s Submittals 

II. Proposed Action 

III. Statutory and Executive Order Reviews 

I. Analysis of Knox County’s Submittals 

On December 13, 2012, TDEC 

submitted a SIP revision to EPA for 

approval into the Knox County portion 

of the Tennessee SIP. Specifically, the 

December 13, 2012, SIP revises the 

definition of ‘‘Modification’’ in Knox 

County Regulation, section 13.0— 

Definitions. The additions of 

subparagraphs E and F to the definition 

of ‘‘Modification’’ allows the local 

permit program authority to provide 

adequate, streamlined, and reasonable 

procedures for expeditiously processing 

permit changes by excluding certain 

modifications from construction 

permitting. The addition of 

subparagraph E provides that certain 

modifications (physical/method of 

operation) at major sources that are not 

considered Title I modifications do not 

require construction permits. 

Specifically, modifications at such 

sources that qualify: (1) As Title V 

operational flexibility changes (CAA 

section 502(b)(10)); (2) as minor permit 

modifications; or (3) for group 

processing of minor modifications will 

not require construction permits. See 40 

CFR 70.7 for more detailed information 

on permit modifications. 

The addition at subparagraph F 

establishes criteria for which a physical 

change or change in the method of 

operation for a minor source does not 

need a construction permit. These 

criteria include: (1) The change is not 

subject to the requirements of the Knox 

County Title V program (at section 

25.70), Prevention of Significant 

Deterioration (PSD) at Section 45.0 and 

new source review (NSR) permitting 

regulations at Section 41.01; (2) the 

emissions from the modification does 

not exceed the allowable emissions 

established in an existing permit; or (3) 

the change does not result in emissions 

from a new contaminant or pollutant. 

II. Proposed Action 

EPA is proposing to approve the 

aforementioned change to Knox County 

portion of the Tennessee SIP, because it 

is consistent with EPA policy and the 

CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

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49992 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposal does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements and Sulfur oxides. 

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

Dated: August 7, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–20022 Filed 8–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0394; FRL–9845–4] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

Ventura County Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Antelope Valley Air 

Quality Management District 

(AVAQMD) and Ventura County Air 

Pollution Control District (VCAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern sulfur oxide 

emissions from lead smelters and 

volatile organic compounds (VOC) 

emissions from the data storage and 

vacuum producing device industries. 

We are proposing to rescind local rules 

that regulate emission sources under the 

Clean Air Act as amended in 1990 (CAA 

or the Act). 

DATES: Any comments must arrive by 

September 16, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0394 by one of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Robert Marinaro, EPA Region IX, (415) 

972–3019, marinaro.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: AVAQMD Rule 1101, ‘‘Secondary 

Lead Smelters/Sulfur Oxides;’’ VCAPCD 

Rule 37, ‘‘Project XL;’’ and VCAPCD 

Rule 67, ‘‘Vacuum Producing Devices.’’ 

In the Rules and Regulations section of 

this Federal Register, we are approving 

rescission of these local rules in a direct 

final action without prior proposal 

because we believe these SIP revisions 

are not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comments on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information please 

see the direct final action. 

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