Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63877 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 524 

Prisoners. 

Charles E. Samuels, Jr., 

Director, Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 552(a) 

and delegated to the Director, Bureau of 

Prisons, we amend 28 CFR part 524 as 

set forth below. 

PART 524—CLASSIFICATION OF 

INMATES 

■ 1. The authority citation for 28 CFR 

part 524 continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3521– 

3528, 3621, 3622, 3624, 4001, 4042, 4046, 

4081, 4082 (Repealed in part as to offenses 

committed on or after November 1, 1987), 

5006–5024 (Repealed October 12, 1984 as to 

offenses committed after that date), 5039; 21 

U.S.C. 848; 28 U.S.C. 509, 510. 

■ 2. In § 524.41, remove paragraphs (d) 

and (e), redesignate paragraph (f) as (e), 

and add a new paragraph (d) to read as 

follows: 

§ 524.41 Types of progress reports. 

* * * * * 

(d) Transfer report—prepared on an 

inmate transferring to community 

confinement or any non-Bureau facility. 

* * * * * 

[FR Doc. 2013–25166 Filed 10–24–13; 8:45 am] 

BILLING CODE 4410–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0392; FRL–9901–83– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Infrastructure Requirements 

for the 2010 Nitrogen Dioxide National 

Ambient Air Quality Standards 

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 addresses the infrastructure 

elements of the Clean Air Act (CAA), 

necessary to implement, maintain, and 

enforce the 2010 nitrogen dioxide (NO2) 

national ambient air quality standard 

(NAAQS). EPA is approving this SIP 

revision in accordance with the 

requirements of the CAA. 

DATES: This final rule is effective on 

November 25, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0392. 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 

On August 14, 2013 (78 FR 49409), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. In the NPR, EPA proposed 

approval of Delaware’s submittal that 

provides the basic elements specified in 

section 110(a)(2) of the CAA, necessary 

to implement, maintain, and enforce the 

2010 NO2 NAAQS. 

II. Summary of SIP Revision 

On March 27, 2013, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a SIP revision that addresses 

the infrastructure elements specified in 

section 110(a)(2) of the CAA, necessary 

to implement, maintain and enforce the 

2010 NO2 NAAQS. This submittal 

addressed the following infrastructure 

elements of section 110(a)(2): (A), (B), 

(C), (D), (E), (F), (G), (H), (I), (J), (K), (L), 

and (M). 

Specific requirements of section 

110(a)(2) of the CAA and the rationale 

for EPA’s proposed action to approve 

the SIP submittal are explained in the 

NPR and the technical support 

document (TSD) and will not be restated 

here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving Delaware’s 

submittal which provides the basic 

program elements specified in section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M) of the CAA, 

necessary to implement, maintain, and 

enforce the 2010 NO2 NAAQS, as a 

revision to the Delaware SIP. This 

rulemaking action is being taken under 

section 110 of the CAA. This 

rulemaking action does not include 

approval of Delaware’s submittal for 

section of 110(a)(2)(I) of the CAA which 

pertains to the nonattainment 

requirements of part D, Title I of the 

CAA, since this element is not required 

to be submitted by the 3-year 

submission deadline of section 110(a)(1) 

of the CAA, and will be addressed in a 

separate process. 

IV. 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 


emcdonald on DSK67QTVN1PROD with RULES
63878 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

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 December 24, 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 pertaining to Delaware’s 

section 110(a)(2) infrastructure elements 

for the 2010 NO2 NAAQS, 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, Reporting 

and recordkeeping requirements. 

Dated: September 24, 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 an entry for 

Section 110(a)(2) Infrastructure 

Requirements for the 2010 NO2 NAAQS 

at the end of the table to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 2010 NO2

NAAQS.

Statewide ........ 3/27/13 10/25/13 [Insert Federal Register 

page number where the document begins and date].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and 

(M). 

[FR Doc. 2013–25025 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0594; FRL–9901–80– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revised Ambient Air Quality Standards 

for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia State 

Implementation Plan (SIP). The 

revisions add ambient air quality 

standards and associated reference 

conditions for Fine Particulate Matter 

(PM2.5) that are consistent with the 2013 

National Ambient Air Quality Standards 

(NAAQS) for PM2.5. EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 24, 2013 without further 

notice, unless EPA receives adverse 

written comment by November 25, 

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–2013–0594 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–2013–0594, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, 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 


emcdonald on DSK67QTVN1PROD with RULES