Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 28143 

§ 17.37 Enrollment not required— 

provision of hospital and outpatient care to 

veterans. 

* * * * * 

(k) A veteran may receive care for 

psychosis or mental illness other than 

psychosis pursuant to 38 CFR 17.109. 

* * * * * 

■ 4. Amend § 17.108 by adding 

paragraph (d)(12) to read as follows: 

§ 17.108 Copayments for inpatient hospital 

care and outpatient medical care. 

* * * * * 

(d) * * * 

(12) A veteran receiving care for 

psychosis or a mental illness other than 

psychosis pursuant to § 17.109. 

* * * * * 

■ 5. Add § 17.109 to read as follows: 

§ 17.109 Presumptive eligibility for 

psychosis and mental illness other than 

psychosis. 

(a) Psychosis. Eligibility for benefits 

under this part is established by this 

section for treatment of an active 

psychosis, and such condition is 

exempted from copayments under 

§§ 17.108, 17.110, and 17.111 for any 

veteran of World War II, the Korean 

conflict, the Vietnam era, or the Persian 

Gulf War who developed such 

psychosis: 

(1) Within 2 years after discharge or 

release from the active military, naval, 

or air service; and 

(2) Before the following date 

associated with the war or conflict in 

which he or she served: 

(i) World War II: July 26, 1949. 

(ii) Korean conflict: February 1, 1957. 

(iii) Vietnam era: May 8, 1977. 

(iv) Persian Gulf War: The end of the 

2-year period beginning on the last day 

of the Persian Gulf War. 

(b) Mental illness (other than 

psychosis). Eligibility under this part is 

established by this section for treatment 

of an active mental illness (other than 

psychosis), and such condition is 

exempted from copayments under 

§§ 17.108, 17.110, and 17.111 for any 

veteran of the Persian Gulf War who 

developed such mental illness other 

than psychosis: 

(1) Within 2 years after discharge or 

release from the active military, naval, 

or air service; and 

(2) Before the end of the 2-year period 

beginning on the last day of the Persian 

Gulf War. 

(c) No minimum service required. 

Eligibility for care and waiver of 

copayments will be established under 

this section without regard to the 

veteran’s length of active-duty service. 

Authority: (38 U.S.C. 501, 1702, 5303A) 

■ 6. Amend § 17.110 by adding 

paragraph (c)(10) to read as follows: 

§ 17.110 Copayments for medication. 

* * * * * 

(c) * * * 

(10) A veteran receiving care for 

psychosis or a mental illness other than 

psychosis pursuant to § 17.109. 

* * * * * 

■ 7. Amend § 17.111 by adding 

paragraph (f)(9) to read as follows: 

§ 17.111 Copayments for extended care 

services. 

* * * * * 

(f) * * * 

(9) A veteran receiving care for 

psychosis or a mental illness other than 

psychosis pursuant to § 17.109. 

* * * * * 

[FR Doc. 2013–11410 Filed 5–13–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0406; EPA–R05– 

OAR–2013–0083; FRL–9811–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Sulfur Dioxide and Nitrogen Dioxide 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

April 15, 2011, and supplemented on 

January 30, 2013, to revise the Indiana 

state implementation plan (SIP) for 

nitrogen dioxide (NO2) and sulfur 

dioxide (SO2) under the Clean Air Act 

(CAA). This submittal consists of 

revisions to the Indiana Administrative 

Code (IAC) that amend the national 

ambient air quality standards (NAAQS) 

for NO2 and SO2 to be consistent with 

the NAAQS that EPA promulgated in 

2010. 

DATES: This direct final rule will be 

effective July 15, 2013, unless EPA 

receives adverse comments by June 13, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Nos. EPA–R05– 

OAR–2011–0406, EPA–R05–OAR– 

2013–0083 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section (AR– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office 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 Nos. EPA–R05–OAR–2011– 

0406, EPA–R05–OAR–2013–0083. 

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 docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 


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28144 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

A. When and why did the State make this 

submittal? 

B. Did the State hold public hearings for 

this SIP revision? 

II. How were the NO2 and SO2 NAAQS 

revised by EPA? 

III. What are the revisions that the State 

requested? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

A. When and why did the State make 

this submittal? 

Indiana’s April 15, 2011, submittal, 

supplemented on January 30, 2013, 

revises its existing IAC to be consistent 

with the Federal primary and secondary 

NAAQS for NO2, and SO2, which were 

published in the Federal Register, 

respectively, on February 9, 2010, (75 

FR 6474) and June 22, 2010, (75 FR 

35520) and codified in 40 CFR part 50. 

At the state level, these provisions 

became effective on January 16, 2013. 

B. Did the State hold public hearings for 

this SIP revision? 

Public hearings for the NO2, and SO2

NAAQS revision were held on 

December 10, 2010, and November 7, 

2012. No comments were received at 

these hearings. 

II. How were the NO2 and SO2 NAAQS 

revised by EPA? 

Nitrogen Dioxide (NO2) 

On February 9, 2010, revisions to the 

NO2 NAAQS were published in the 

Federal Register (73 FR 6474) and 

codified at 40 CFR 50.11. EPA 

strengthened the primary (health-based) 

NO2 NAAQS by adding a 1-hour NO2

standard of 100 parts per billion (ppb) 

and retaining the annual average of 53 

ppb. This new standard is achieved 

when the 3-year average of the annual 

98th percentile of the daily maximum 1- 

hour average concentration is less than 

or equal to 100 ppb, as determined in 

accordance with 40 CFR part 50, 

appendix S. Under 40 CFR 50.11(d), 

ambient NO2 concentrations are to be 

measured by either: (1) A Federal 

reference method based on appendix F 

to 40 CFR part 50; or (2) by a Federal 

equivalent method designated in 

accordance with 40 CFR part 53. In 

addition, under 40 CFR 50.11(f), 

determinations as to whether the NO2

standards have been met are to be made 

in accordance with the data handling 

conventions and computations in 40 

CFR part 50, appendix S, ‘‘Interpretation 

of the Primary National Ambient Air 

Quality Standards for Oxides of 

Nitrogen (NO2).’’ 

Sulfur dioxide (SO2) 

On June 22, 2010, revisions to the SO2

NAAQS were published in the Federal 

Register (73 FR 35520) and codified at 

40 CFR 50.17. EPA strengthened the 

primary (health-based) SO2 NAAQS by 

adding a 1-hour SO2 standard at 75 ppb 

to reduce exposure to high short-term 

(five minutes to 24 hours) 

concentrations of SO2. EPA revoked the 

two existing primary standards of 140 

ppb averaged over a 24-hour period, and 

30 ppb averaged over a year after 

determining that they did not provide 

any health benefits in addition to those 

provided by the 1-hour standard of 75 

ppb. The 1-hour standard is achieved 

when the 3-year average of the 99th 

percentile of the annual distribution of 

the daily maximum 1-hour average 

concentrations is less than or equal to 

the 75 ppb, as determined in accordance 

with 40 CFR part 50, appendix T 

(Interpretation of the Primary National 

Ambient Air Quality Standards for 

Oxides of Sulfur, as SO2). Under 40 CFR 

50.17, ambient SO2 concentrations are 

to be measured by either: (1) A Federal 

reference method based on appendix A– 

1 or appendix A–2 (Measurement 

Principle and Calibration Procedure for 

the Measurement of Sulfur Dioxide in 

the Atmosphere) to 40 CFR part 50; or 

(2) an equivalent method designated by 

EPA in accordance with 40 CFR part 53. 

III. What are the revisions that the State 

requested? 

The State has requested that EPA 

approve the following SIP revision to 

reflect EPA’s revised primary and 

secondary SO2 and NO2 NAAQS: 

A. Rule 326 IAC 1–3–4(b)(1), Ambient air 

quality standards for ‘‘Sulfur oxides as 

(SO2).’’ The revisions IDEM made are 

consistent with the provisions contained in 

40 CFR 50.17. IDEM updated 326 IAC 1–3– 

4(b)(1)(A) to contain the revised primary 

NAAQS for SO2, and deleted language that 

referenced standards EPA revoked, as well as 

outdated Federal Register citations and test 

methods for the primary NAAQS for SO2. 

IDEM also amended 326 IAC 1–3–4(b)(1)(B), 

making it consistent with the provisions in 

40 CFR 50.5(a) through (c), thereby, updating 

its reference to the procedures to determine 

compliance with the secondary NAAQS for 

SO2. EPA finds the revision approvable. 

Rule 326 IAC 1–3–4(b)(5), Ambient air 

quality standards for ‘‘Nitrogen dioxide 

(NO2).’’ The revisions IDEM made are 

consistent with the provisions 

contained in 40 CFR 50.11. IDEM made 

corrections to 326 IAC 1–3–4(b)(5)(A) to 

add the revised primary NAAQS in the 

rule for NO2, and 326 IAC 1–3– 

4(b)(5)(B) to delete language including 

references to outdated Federal Register 

citations and test methods for the 

primary ambient air quality standards 

for NO2. IDEM also amended 326 IAC 1– 

3–4(b)(5)(C), making it consistent with 

the provisions in 40 CFR 50.11 (b) 

through (g), thereby, updating its 

reference to the procedures to determine 

compliance with the secondary NAAQS 

for NO2. EPA finds the revision 

approvable. 

IV. What action is EPA taking? 

EPA is approving revisions to the 

Indiana SIP to amend and update 326 

IAC 1–3–4 to include the NAAQS for 

NO2 and SO2, as codified at 40 CFR part 

50. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective July 15, 2013 without further 

notice unless we receive relevant 

adverse written comments by June 13, 

2013. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 


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Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 28145 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period; 

therefore, any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

July 15, 2013. 

V. Statutory and Executive Order 

Reviews 

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 Clean Air Act; 

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. 

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). 

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 July 15, 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action 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, Lead, Reporting and 

recordkeeping requirements. 

Dated: April 29, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

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. 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by revising the entry for 

‘‘1–3–4’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

1–3–4 ....................................... Ambient air quality standards 1/16/2013 5/14/2013, [INSERT PAGE 

NUMBER WHERE THE 

DOCUMENT BEGINS].

* * * * * * * 


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28146 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 

* * * * * 

[FR Doc. 2013–11296 Filed 5–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 940846–4348] 

RIN 0648–XC683 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery of the Gulf of Mexico; Texas 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces an 

adjustment to the start of the annual 

closure of the shrimp fishery in the 

exclusive economic zone (EEZ) off 

Texas. The closure is normally from 

May 15 to July 15 each year. For 2013, 

the closure will begin on May 23. The 

Texas closure is intended to prohibit the 

harvest of brown shrimp during the 

major period of emigration of these 

shrimp from Texas estuaries to the Gulf 

of Mexico (Gulf) so the shrimp may 

reach a larger, more valuable size and to 

prevent the waste of brown shrimp that 

would be discarded in fishing 

operations because of their small size. 

DATES: Effective 30 minutes after sunset, 

May 23, 2013, to 30 minutes after 

sunset, July 15, 2013, unless the latter 

date is changed through notification in 

the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824– 

5305, email: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

shrimp fishery is managed under the 

Fishery Management Plan for the 

Shrimp Fishery of the Gulf of Mexico 

(FMP). The FMP was prepared by the 

Gulf of Mexico Fishery Management 

Council and is implemented by 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations at 50 CFR 622.55(a) 

describe the Texas closure and provide 

for adjustments to the start and end 

dates by the Regional Administrator, 

Southeast Region, NMFS, (RA) under 

specified criteria. 

The Texas closure in Federal waters is 

set to coincide with the Texas closure in 

state waters, after a determination has 

been made by Texas Parks and Wildlife 

Department (TPWD) of the start date of 

the closure. The start and end dates of 

the Texas closure are based on 

biological sampling by TPWD. This 

sampling is used to project when brown 

shrimp in Texas bays and estuaries will 

reach a mean size of 3.54 in (90 mm), 

and begin strong emigrations out of the 

bays and estuaries during maximum 

duration ebb tides. Sampling during the 

spring of 2013 indicates that brown 

shrimp will be leaving the Texas 

estuaries later than normal. Thus, state 

waters off Texas will close starting 30 

minutes after sunset on May 23, 2013. 

NMFS, therefore, will also close Federal 

waters off Texas starting 30 minutes 

after sunset on May 23, 2013. NMFS is 

adjusting the closure date to maximize 

fishing opportunities in Federal waters 

to shrimp trawling. During the closure, 

the EEZ off Texas is closed to all trawl 

fishing, except for vessels trawling for 

royal red shrimp beyond the 100-fathom 

(183-m) depth contour. 

The end date of the Texas closure is 

based on continued sampling by TPWD 

to develop projections of when brown 

shrimp will reach a mean size of 4.41 

in (112 mm), and when maximum 

duration ebb tides will occur. If there is 

a need to adjust the July 15 date for the 

end of the closure, notification of the 

revised end date will be published in 

the Federal Register. 

Classification 

The RA has determined this 

temporary rule is necessary for the 

conservation and management of the 

Gulf shrimp fishery and is consistent 

with the Magnuson-Stevens Act, the 

FMP, and other applicable laws. 

This action is taken under 50 CFR 

622.55(a) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive the requirements 

to provide prior notice and opportunity 

for public comment on this temporary 

rule. Such procedures are unnecessary 

because regulations to adjust the start 

date of the annual closure of the shrimp 

fishery in the EEZ off Texas, located at 

50 CFR 622.55(a), have already been 

subject to notice and comment and 

authorize the RA to adjust the closing 

and/or opening date of the Texas 

closure by filing a notification with the 

Office of the Federal Register. All that 

remains is to notify the public of the 

adjusted closing date of the Texas 

closure for Gulf shrimp for the 2013 

fishing year. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: May 9, 2013. 

James P. Burgess, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–11403 Filed 5–13–13; 8:45 am] 

BILLING CODE 3510–22–P 


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