### 76209 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations

Mild Moderate Severe

Normal structural imaging .................................. Normal or abnormal structural imaging ........... Normal or abnormal structural imaging. LOC = 0–30 min ................................................. LOC > 30 min and < 24 hours ........................ LOC > 24 hrs.

AOC = a moment up to 24 hrs .......................... AOC > 24 hours. Severity based on other criteria.

PTA = 0–1 day ................................................... PTA > 1 and < 7 days ..................................... PTA > 7 days. GCS = 13–15 ..................................................... GCS = 9–12 ..................................................... GCS = 3–8.

Note: The factors considered are: Structural imaging of the brain. LOC—Loss of consciousness. AOC—Alteration of consciousness/mental
state.

PTA—Post-traumatic amnesia. GCS—Glasgow Coma Scale. (For purposes of injury stratification, the Glasgow Coma Scale is measured at or after 24 hours.)

(ii) The determination of the severity level under this paragraph is based on the TBI symptoms at the time of injury or shortly thereafter, rather than the current level of functioning. VA will not require that the TBI meet all the criteria listed under a certain severity level in order to classify the TBI at that severity level. If a TBI meets the criteria in more than one category of severity, then VA will rank the TBI at the highest level in which a criterion is met, except where the qualifying criterion is the same at both levels.
(Authority: 38 U.S.C. 501, 1110 and 1131)

[FR Doc. 2013–29911 Filed 12–16–13; 8:45 am]

**BILLING CODE 8320–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R03–OAR–2010–0141; FRL–9904–14– Region–3]** 

**Approval and Promulgation of Air Quality Implementation Plans;**  **Delaware; Attainment Plan for the Philadelphia-Wilmington,**  **Pennsylvania-New Jersey-Delaware Nonattainment Area for the 1997**  **Annual Fine Particulate Matter Standard** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. The SIP revision (also referred to herein as ‘‘the attainment plan’’) demonstrates Delaware’s attainment of the 1997 annual fine particulate matter (PM2.5 ) national ambient air quality standard (NAAQS) (the 1997 PM 2.5 NAAQS) for the Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware (PANJ-DE) nonattainment area (Philadelphia Area). The SIP revision includes Delaware’s attainment demonstration for the Philadelphia Area and motor vehicle emission budgets (MVEBs) used for transportation conformity purposes for New Castle County, Delaware. The attainment plan also includes an analysis of reasonably available control measures (RACM) and reasonably available control technology (RACT), a base year emissions inventory, and contingency measures. This action is being taken in accordance with the Clean Air Act (CAA).

**DATES :**  This final rule is effective on January 16, 2014.

**ADDRESSES :**  EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2010–0141. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (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 through www.regulations.gov or in hard copy for public inspection 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

By letter dated April 3, 2008, Delaware submitted the SIP revision at issue to EPA. By letter dated April 25, 2012, Delaware submitted revisions to the portion of the SIP revision relating to the MVEBs. The April 25, 2012 MVEBs revised submittal replaced the previously submitted 2009 MVEBs with a budget that is based on the Motor Vehicle Emissions Simulator (MOVES) model and included MVEBs for 2012. On November 19, 2012 (77 FR 69399), EPA published a notice of proposed rulemaking seeking comment on EPA’s proposed approval of this SIP revision, including the portion relating to the 2009 and 2012 MVEBs for transportation conformity purposes for New Castle County, Delaware (hereinafter referred to as ‘‘the NPR’’). In response to the NPR, EPA received a single comment dated November 30, 2012. A summary of the November 30, 2012 comment and EPA’s response is provided in Section III (Summary of Public Comment and EPA Response) of this final rulemaking action.

On March 4, 2013, EPA took final rulemaking action on the portion of the attainment plan relating to the base year emissions inventory. See 78 FR 10420. As a result of this March 2013 final rulemaking action, no further action needs to be taken on such portion of the April 3, 2008 SIP revision. Therefore, this final rulemaking action relates to the remaining portions of the attainment plan, including: (1) An attainment demonstration for the Delaware portion of the Philadelphia Area; (2) 2009 and 2012 MVEBs used for transportation conformity purposes for New Castle County, Delaware; (3) an analysis of RACM and RACT; and, (4) contingency

measures.

On September 19, 2013 (78 FR 57473), EPA published a supplemental NPR that revised and expanded the basis for proposing approval of Delaware’s attainment plan for the 1997 annual PM 2.5 NAAQS in light of the developments since EPA issued its initial proposal on November 19, 2012 (hereinafter referred to as ‘‘the supplemental NPR’’). Principally, the supplemental NPR addressed the potential effects of a January 4, 2013 decision of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit Court) remanding to EPA two final rules implementing the 1997 PM 2.5 NAAQS. In the supplemental NPR, EPA also revised its proposed approval of Delaware’s


### 76210 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations

attainment plan for the 1997 PM 2.5 NAAQS to clarify that EPA was not relying upon certain regulations which were part of the attainment plan, because such regulations were not necessary to demonstrate attainment of the 1997 PM 2.5 NAAQS. As part of this supplemental NPR, EPA also proposed to approve the 2009 and 2012 MVEBs used for transportation conformity purposes for New Castle County, Delaware. EPA did not receive any comments on the September 19, 2013 supplemental NPR. II. Summary of SIP Revision

The portions of the SIP revision that are subject to this action demonstrate Delaware’s attainment of the 1997 PM 2.5 NAAQS and includes: (1) Delaware’s attainment demonstration for the Delaware portion of the Philadelphia Area and (2) the 2009 and 2012 MVEBs used for transportation conformity purposes for New Castle County, Delaware. The remaining portion of the attainment plan also includes an analysis of RACM/RACT and contingency measures. The attainment plan does not include a Reasonable Further Progress (RFP) plan; however, for reasons explained in the November 19, 2012 NPR and the supplemental NPR, EPA proposed to make a determination that an RFP plan is not required, because Delaware demonstrated that attainment with the 1997 PM 2.5 NAAQS occurred in the Delaware portion of the Philadelphia Area by the attainment date of April 2010. The rationale for EPA’s proposed action is explained in the NPR and the supplemental NPR and will not be restated here. III. Summary of Public Comment and EPA Response

Comment: The commenter endorsed EPA’s proposed approval and stated that EPA should approve Delaware’s attainment plan and the MVEBs included in the attainment plan. The commenter stated his belief that the reduction of PM 2.5, sulfur dioxide (SO 2) and nitrogen oxides (NO X) emissions in Delaware’s attainment plan will allow the Area to reach an overall particulate attainment level. Further, the commenter supported approval of the MVEBs because the MVEBs are consistent with Delaware’s plan for attaining the 1997 PM2.5 NAAQS. However, the commenter expressed some concerns about Delaware’s approach to attaining the 1997 PM 2.5 NAAQS without regulating ammonia (NH 3 ) and volatile organic compounds (VOCs). While the commenter noted that Delaware has achieved attainment of the 1997 PM 2.5 NAAQS, the commenter also included a broad statement that New Castle County has not achieved attainment with unspecified ‘‘air quality standards prescribed by EPA’s regulations.’’

Response: EPA thanks the commenter for endorsing the approval of the Delaware attainment plan and the MVEBs included in the attainment plan and appreciates that the comments submitted also fulfilled an academic writing assignment. EPA agrees with the commenter’s conclusion that the attainment plan submitted by Delaware adequately addresses emissions of PM 2.5 and the PM 2.5 precursors SO 2 and NO X in order to provide for attainment of the 1997 PM 2.5 NAAQS. Moreover, EPA notes that the Agency has specifically reexamined the issue of whether the attainment plan addresses the correct PM 2.5 precursors in the supplemental NPR. As indicated in the supplemental NPR, EPA has concluded that regulation of emissions of VOC and NH 3 from sources in Delaware was not necessary in order to provide for attainment of the 1997 PM 2.5 NAAQS in the Philadelphia Area.

As to the commenter’s divergent opinions that: (1) Delaware has achieved attainment with the NAAQS at issue and (2) New Castle County has not achieved attainment with some unspecified EPA air quality regulations, it is important to note that the SIP revision at issue pertains to the Delaware’s attainment plan for the 1997 annual PM 2.5 NAAQS. The record presented clearly supports EPA’s approval of this attainment plan for this purpose. Additionally, EPA refers the commenter to EPA’s May 16, 2012 determination that the Philadelphia Area attained the 1997 annual PM 2.5 NAAQS by the applicable date, April 5, 2010, and EPA’s issuance of a clean data determination for the Philadelphia Area. See 77 FR 28782. The administrative record for today’s final rulemaking action, in conjunction with EPA’s May 16, 2012 final rulemaking action, clearly supports the finding that Delaware has achieved the NAAQS at issue. Due to a lack of specificity on the commenter’s part, EPA is unable to further respond to the commenter’s concerns relating to New Castle County’s attainment with unspecified EPA air quality regulations.

IV. Final Action

As the base year emissions inventory portion of the SIP revision was previously approved through a separate action ( see 78 FR 10420), EPA is approving the remaining portions of the SIP revision, which was submitted by the State of Delaware on April 3, 2008, and amended on April 25, 2012, and includes: (1) The attainment plan for the 1997 PM2.5 NAAQS for the Delaware portion of the Philadelphia Area and (2) the 2009 and 2012 MVEBs for transportation conformity purposes for New Castle County, Delaware. The portions of the attainment plan which are subject to this final rulemaking action include Delaware’s attainment demonstration, an analysis of RACM/ RACT and contingency measures. Through this rulemaking action, EPA is making a final determination that Delaware’s attainment plan meets the applicable requirements of the CAA. For reasons explained in the supplemental NPR, EPA revised its original proposed approval of the attainment plan to propose approval of Delaware’s 1997 PM 2.5 attainment plan as meeting the requirements for attainment plans for the 1997 PM 2.5 NAAQS, without reliance on the following measures identified in the attainment plan: (1) Regulation 1142 Section 2.0 for NO X emissions at petroleum refineries; (2) certain control measures for VOC emissions; and, (3) the Clean Air Interstate Rule (CAIR). As discussed in the supplemental NPR, these measures are not necessary for the purposes of meeting the requirements for RACM, RACT, section 189(e) or the attainment demonstration. 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. );


### 76211 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations

• 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 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 February 18, 2014. 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 Delaware’s SIP revision which demonstrates attainment of the 1997 annual PM2.5 NAAQS for the Philadelphia Area 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, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: November 29, 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. In § 52.420, the table in paragraph (e) is amended by adding the entry for the 1997 Annual PM 2.5 Attainment Plan for Delaware and the Motor Vehicle Emissions Budget for 2009 and 2012 at the end of the table to read as follows:

**§ 52.420 Identification of plan.**
* * * * *

(e) * * *

Name of non-regulatory SIP revision Applicable geographic area State submittal

date EPA approval date Additional explanation

******* 1997 Annual PM 2.5 Attainment Plan

for Delaware and the Motor Vehicle Emission Budgets for 2009 and 2012. Delaware—Philadelphia-Wilmington,Pennsylvania-New Jersey-Delaware Nonattainment Area. 4/3/08 4/25/12 12/17/13 [ Insert pagenumber where the document begins ]. See § 52.427(c).

■ 3. Section 52.427 is amended by adding paragraph (c) to read as follows:

**§ 52.427 Control strategy: Particulate**
**matter.**
* * * * *

(c) EPA approves the attainment plan for the 1997 annual fine particulate matter (PM 2.5 ) national ambient air quality standard (NAAQS) for the Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware nonattainment area submitted by the Secretary of the Delaware Department of Natural Resources and Environmental Control on April 3, 2008, as amended on April 25, 2012. The attainment plan includes the attainment demonstration and motor vehicle emission budgets in tons per year (tpy) used for transportation conformity purposes for New Castle County, Delaware. The attainment plan also includes an analysis of reasonably available control measures and reasonably available control technology, contingency measures and the 2002 base year emissions inventory. The 2002 base year emissions inventory was approved in a separate rulemaking action on March 4, 2013 (78 FR 10420).


### 76212 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations

D ELAWARE 

### ’ S 

### M OTOR 

### V EHICLE 

### E MISSION 

### B UDGETS FOR THE 

### 1997 A NNUAL 

### PM 2.5 

### NAAQS

Type of control strategy SIP Year VOC NO X
Attainment Plan (Milestone Year) ............................................................................................... . 2009 257 8,448 Attainment Plan (Out Year) ..................................................................................................... .... 2012 199 6,273

[FR Doc. 2013–29803 Filed 12–16–13; 8:45 am]

**BILLING CODE 6560–50–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**45 CFR Parts 147, 155 and 156**

**[CMS–9945–IFC]**

**RIN 0938–AS17**

**Patient Protection and Affordable Care Act; Maximizing January 1, 2014**  **Coverage Opportunities**

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), HHS.

**ACTION :**  Interim final rule with comment period.

**SUMMARY :**  This interim final rule amends the date by which a qualified individual must select a qualified health plan (QHP) through any Exchange for an effective coverage date of January 1, 2014. This rule generally allows consumers to select a QHP until December 23, 2013, which is a change from the previously stated regulatory date of December 15, 2013, but permits State Exchanges to select a different date. It also establishes a related policy regarding the date by which a consumer needs to pay any applicable initial premium to ensure timely effectuation of coverage. This rule pertains to the individual market and Small Business Health Options Program in both the Federally-facilitated Exchanges and State Exchanges. This rule does not change the plan selection or premium payment dates for coverage offered outside of the Exchanges.

**DATES :**  Effective date: These regulations are effective on December 15, 2013.

Comment date: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on December 23, 2013.

**ADDRESSES :**  In commenting, please refer to file code CMS–9945–IFC. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.

You may submit comments in one of four ways (please choose only one of the ways listed)

1. Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the ‘‘Submit a comment’’ instructions.

2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–9945–IFC, P.O. Box 8016, Baltimore, MD 21244–8016.

Please allow sufficient time for mailed comments to be received before the close of the comment period.

3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–9945–IFC, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850.

4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses prior to the close of the comment period:

a. For delivery in Washington, DC— Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201.

(Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.)

b. For delivery in Baltimore, MD— Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244–1850.

If you intend to deliver your comments to the Baltimore address, call telephone number (410) 786–7195 in advance to schedule your arrival with one of our staff members.

Comments erroneously mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.

For information on viewing public comments, see the beginning of the

**SUPPLEMENTARY INFORMATION** section. **FOR FURTHER INFORMATION CONTACT :**  Devon Trolley, (301) 492–4404, for questions related to this rule.

**SUPPLEMENTARY INFORMATION :** 

Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: http://regulations.gov. Follow the search instructions on that Web site to view public comments.

Comments received timely will be also available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1–800–743–3951.

Table of Contents
I. Background II. Provisions of the Interim Final Rule III. Waiver of Proposed Rulemaking and Waiver of Delay in Effective Date IV. Collection of Information Requirements V. Regulatory Impact Analysis I. Background

The Patient Protection and Affordable Care Act (Pub. L. 111–148) was enacted on March 23, 2010. The Health Care and Education Reconciliation Act of 2010 (Pub. L. 111–152), which amended and revised several provisions of the Patient Protection and Affordable Care Act, was enacted on March 30, 2010. In this interim final rule, we refer to the two statutes collectively as the ‘‘Affordable Care Act.’’

As of October 2013, for coverage starting as soon as January 1, 2014, qualified individuals and qualified employers have been able to enroll in QHPs—private health insurance that has been certified as meeting certain standards—through competitive marketplaces called ‘‘Exchanges’’ or ‘‘Health Insurance Marketplaces.’’ The word ‘‘Exchanges’’ refers to both State Exchanges, also called State-based