Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22785 

administering the Department’s 

programs and activities. 

Summary of potential costs and 

benefits: 

The benefits of the Disability and 

Rehabilitation Research Projects and 

Centers Programs have been well 

established over the years in that similar 

projects have been completed 

successfully. This final priority will 

generate new knowledge through 

research and development. 

Another benefit of the final priority is 

that establishing new DRRPs will 

improve the lives of individuals with 

disabilities. The new DRRPs will 

provide support and assistance for 

NIDRR grantees as they generate, 

disseminate, and promote the use of 

new information that will improve the 

options for individuals with disabilities 

to perform regular activities of their 

choice in the community. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) by 

contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD or a TTY, call 

the FRS, toll free, at 1–800–877–8339. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: April 12, 2013. 

Michael Yudin, 

Delegated the authority to perform the 

functions and duties of Assistant Secretary 

for Special Education and Rehabilitative 

Services. 

[FR Doc. 2013–09060 Filed 4–16–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0091; FRL–9803–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, State Board Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Delaware State Implementation Plan 

(SIP) submitted by the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) on 

January 11, 2013. The SIP revision 

addresses requirements of the Clean Air 

Act (CAA) for all criteria pollutants of 

the national ambient air quality 

standards (NAAQS) in relation to State 

Boards. EPA is approving this SIP 

revision in accordance with the 

requirements of the CAA. 

DATES: This rule is effective on June 17, 

2013 without further notice, unless EPA 

receives adverse written comment by 

May 17, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0091 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0091, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0091. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

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 during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 128 of the CAA requires SIPs 

to comply with the requirements 

regarding State Boards. Section 

110(a)(2)(E)(ii) of the CAA also 

references these requirements. Section 

128(a) of the CAA requires SIPs to 

contain provisions that: (1) Any board 

or body which approves permits or 

enforcement orders under the CAA have 

at least a majority of its members 


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22786 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 

represent the public interest and not 

derive any significant portion of their 

income from persons subject to permits 

or enforcement orders under the CAA; 

and (2) any potential conflict of interest 

by members of such board or body or 

the head of an executive agency with 

similar powers be adequately disclosed. 

The requirements of CAA section 

128(a)(1) are not applicable to Delaware 

because it does not have any board or 

body which approves air quality permits 

or enforcement orders. The 

requirements of CAA section 128(a)(2), 

however, are applicable to Delaware 

because DNREC’s cabinet level 

Secretary (i.e., the head of an executive 

agency) makes the referenced decisions. 

II. Summary of SIP Revision 

On January 11, 2013, DNREC 

submitted a SIP revision that addresses 

the requirements of CAA sections 128 

and 110(a)(2)(E)(ii) for all criteria 

pollutants NAAQS in relation to State 

Boards. Delaware’s statutes governing 

the relevant section 128 requirements 

are found in 29 Delaware Code Chapter 

58, ‘‘Laws Regulating the Conduct of 

Officers and Employees of the State.’’ 

The conduct of the DNREC Secretary, 

and that of his employees, is subject to 

the requirements of 29 Delaware Code 

Chapter 58. State employees are 

required to follow the laws in Chapter 

58 regarding employee conduct. 

Delaware is incorporating only certain 

relevant provisions of Chapter 58 into 

this SIP revision. 

Chapter 58, Subpart I, State Employees’, 

Officers’ and Officials’ Code of Conduct 

Section 5804. Definitions 

Section 5805. Prohibitions relating to 

conflicts of interest 

(a) Restrictions on exercise of official 

authority. 

(b) Restrictions on representing 

another’s interest before the State. 

(c) Restrictions on contracting with 

the State. 

(f) Criminal sanctions. 

(g) Contracts voidable by court action. 

(h) Exceptions for transportation 

contracts with school districts. 

Section 5806. Code of conduct 

(c) Financial interest in any private 

enterprise directly involved in 

decisions. 

(d) Financial interest in any private 

enterprise subject to the regulatory 

jurisdiction. 

Chapter 58, Subpart II, Financial 

Disclosure 

Section 5812. Definitions 

Section 5813. Report disclosing 

financial information 

Section 5813A. Report disclosing 

council or board membership 

Section 5815. Violations; penalties; 

jurisdiction of Superior Court 

III. EPA’s Analysis of Delaware’s SIP 

Revision 

CAA sections 128 and 110(a)(2)(E)(ii) 

require that each state’s SIP 

demonstrates how State Boards who 

approve CAA permits or enforcement 

orders disclose any potential conflicts of 

interest. DNREC approves all CAA 

permits and enforcement orders in 

Delaware. DNREC is an executive 

agency that acts through its Secretary or 

a delegated state employee subordinate. 

DNREC submits that public disclosure 

of any potential conflict in the SIP as 

required by CAA sections 128 and 

110(a)(2)(E)(ii) is satisfied by 29 

Delaware Code Chapter 58. 

Chapter 58 applies to state employees 

and prohibits their exercise of official 

duties when there is a conflict of 

interest. The SIP revision reflects this 

existing law and demonstrates that 

Delaware complies with the 

requirements of CAA sections 128 and 

110(a)(2)(E)(ii). 

IV. Final Action 

EPA is approving the Delaware SIP 

revision that addresses the requirements 

of CAA sections 128 and 110(a)(2)(E)(ii) 

for all criteria pollutants NAAQS. The 

SIP revision, which consists of relevant 

provisions of 29 Delaware Code Chapter 

58, meets the requirements of CAA 

sections 128 and 110(a)(2)(E)(ii). EPA is 

publishing this rule without prior 

proposal because EPA views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on June 

17, 2013 without further notice unless 

EPA receives adverse comment by May 

17, 2013. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive 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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

which meets CAA sections 128 and 


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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22787 

110(a)(2)(E)(ii) 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 17, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

approving the SIP revision for purposes 

of meeting the CAA sections 128 and 

110(a)(2)(E)(ii) requirements for all 

criteria pollutants of the NAAQS in 

relation to State Boards, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference. 

Dated: April 3, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. Section 52.420 is amended by: 

■ a. Revising table heading in paragraph 

(c) to read ‘‘EPA-Approved Regulations 

and Statutes in the Delaware SIP.’’ 

■ b. The Table in paragraph (c) is 

amended by adding entries for Chapter 

58 at the end of the table. 

■ c. The table in paragraph (e) is 

amended by adding an entry for ‘‘CAA 

sections 128 and 110(a)(2)(E)(ii) 

requirements in relation to State Boards 

for all criteria pollutants’’ at the end of 

the table. 

The additions and revisions read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation Title/subject State effective 

date EPA approval date Additional explanation 

*******

Chapter 58 Laws Regulating the Conduct of Officers and Employees of the State 

Subpart I State Employees’, Officers’ and Officials’ Code of Conduct 

Section 5804 .. Definitions .............................. 12/4/12 4/17/13 [Insert Federal Register page number where the document begins and date].

Section 5805 .. Prohibitions relating to conflicts of interest.12/4/12 4/17/13 [Insert Federal Register page number where the document begins and date].Paragraphs (a), (b), (c), (f), 

(g), (h). 

Section 5806 .. Code of conduct .................... 12/4/12 4/17/13 [Insert Federal Register page number where the document begins and date].Paragraphs (c) and (d). 

Subpart II Financial disclosure 

Section 5812 .. Definitions .............................. 12/4/12 4/17/13 [Insert Federal Register page number where the document begins and date].

Section 5813 .. Report disclosing financial information.12/4/12 4/17/13 [Insert Federal Register page number where the document begins and date].Paragraphs (a), (b), (c) and 

(d). 

Section 5813A Report disclosing council and 

board membership.

12/4/12 4/17/13 [Insert Federal Register page number where the document begins and date].Paragraphs (a), and (b). 

Section 5815 .. Violations; penalties; jurisdiction of Superior Court.12/4/12 4/17/13 [Insert Federal Register page number where the document begins and date].Paragraphs (a), (b), (c) and 

(d). 

* * * * * (e) * * * 


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Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

CAA sections 128 and 

110(a)(2)(E)(ii) requirements 

in relation to State Boards 

for all criteria pollutants.

Statewide ............................... 1/11/13 4/17/13 [Insert Federal Register page number where 

the document begins and 

date].

[FR Doc. 2013–08926 Filed 4–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2011–0542; FRL–9803–6] 

Supplemental Determination for 

Renewable Fuels Produced Under the 

Final RFS2 Program From Grain 

Sorghum; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendment. 

SUMMARY: In the December 17, 2012 

Federal Register, EPA published a final 

rule that determines that grain sorghum 

ethanol qualifies as a renewable fuel 

under the RFS Program based on a 

lifecycle greenhouse gas analysis for 

grain sorghum ethanol. This action 

corrects typographical errors contained 

in the December 17, 2012, final rule. 

DATES: Effective on April 17, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Jefferson Cole, Office of Transportation 

and Air Quality, Transportation and 

Climate Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460 (MC: 

6041A); telephone number: 202–564– 

1283; fax number: 202–564–1177; email 

address: cole.jefferson@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects typographical errors in 

the regulatory text section of the final 

rule published on December 17, 2012. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. There 

is good cause for making this action 

final without prior proposal and 

opportunity for comment because the 

changes to this rule are minor 

corrections of typographical errors, are 

noncontroversial, and do not 

substantively change the agency actions 

taken in the final rule. Notice and 

comment is unnecessary, because these 

changes do not affect the rights or 

obligations of outside parties, and do 

not alter the requirements of the 

regulations published on December 17, 

2012, except to the extent that the 

regulatory provisions are amended to 

correct typographical errors. We find 

that this constitutes good cause under 5 

U.S.C. 553(b)(B). Section 307(d) of the 

CAA states that in the case of any rule 

to which section 307(d) applies, notice 

of proposed rulemaking must be 

published in the Federal Register (CAA 

§ 307(d)(3)). The promulgation or 

revision of regulations for fuels or fuel 

additives under section 211 of the CAA 

is generally subject to section 307(d). 

However, section 307(d) does not apply 

to any rule referred to in subparagraphs 

(A) or (B) of section 553(b) of the APA. 

Specifically, EPA is correcting the 

final rule to indicate that the 

recordkeeping requirements for the 

grain sorghum ethanol pathway 

regulatory text in 40 CFR Section 

80.1454(k)(1) should reference 40 CFR 

80.1454 (f)(10) rather than (f)(1). See 77 

FR 74592. In addition, EPA is amending 

40 CFR 80.1454(k)(2) to include nonsubstantive introductory text mistakenly 

omitted from the final rule. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

these corrections to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s action 

merely corrects non-substantive errors 

in the regulatory text of a prior 

rulemaking. For these reasons, EPA 

finds good cause under APA section 

553(d)(3) for these corrections to 

become effective on the date of 

publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order (EO) 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget 

(OMB). The corrections do not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Because EPA has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice and comment 

requirements under the APA or any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), or to sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). In addition, 

this action does not significantly or 

uniquely affect small governments or 

impose a significant intergovernmental 

mandate, as described in sections 203 

and 204 of the UMRA. 

The corrections do not have 

substantial direct effects on the states, or 

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 EO 

13132, Federalism (64 FR 43255, August 

10, 1999). 

This action also does not significantly 

or uniquely affect the communities of 

tribal governments, as specified by EO 

13175, Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000). The 

corrections also are not subject to EO 

13045, Protection of Children from 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997) because 

this action is not economically 

significant. 

The corrections are not subject to EO 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not a 

significant regulatory action under EO 

12866. 


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