### 57013 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Proposed Rules

and Budget (OMB) has determined not to constitute ‘‘significant regulatory actions’’ under section 3(f) of Executive Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 13132

This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, under Executive Order 13132, we determine that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Regulatory Flexibility Act

The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by approving it certifies that it will not have a significant economic impact upon a substantial number of small entities for the following reasons: This rule pertains to the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau’s appropriated funds.

Unfunded Mandates Reform Act of
1995

This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-basedcompanies to compete with foreignbased companies in domestic and export markets. List of Subjects in 28 CFR Part 524

Prisoners.

Thomas R. Kane, Acting 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 propose to amend 28 CFR part 524 as set forth below.

**PART 524—CLASSIFICATION OF INMATES** 

**SUBCHAPTER B—INMATE ADMISSION, CLASSIFICATION, AND TRANSFER** 

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 paragraph (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 any non-Bureau facility.
* * * * * [FR Doc. 2011–23687 Filed 9–14–11; 8:45 am]

**BILLING CODE 4410–05–P**

**EQUAL EMPLOYMENT OPPORTUNITY COMMISSION** 

**29 CFR Part 1602**

**RIN 3046–AA89**
**Recordkeeping and Reporting Requirements Under Title VII, the ADA,**  **and GINA**

**AGENCY :**  Equal Employment Opportunity Commission.

**ACTION :**  Proposed rule: Cancellation of hearing.

**SUMMARY :**  Notice is hereby given that the Commission is cancelling the public hearing on the above proposed modifications of its recordkeeping and reporting provisions under title VII, the ADA, and GINA. (76 FR 31892, June 2, 2011). No requests to present oral testimony at a hearing concerning the proposed rule were received from the public. Further, the Commission received only one public comment in response to the June 2 notice, and the commenter expressed support for the proposed changes. Therefore, it will not be necessary to hold the hearing.

**FOR FURTHER INFORMATION CONTACT :**  Thomas J. Schlageter, Assistant Legal Counsel, (202) 663–4668, or Erin N. Norris, Senior Attorney, (202) 663–4876, Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507.

Dated: September 8, 2011. For the Commission. Jacqueline A. Berrien, Chair.
[FR Doc. 2011–23601 Filed 9–14–11; 8:45 am]

**BILLING CODE 6570–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**
**[EPA–R03–OAR–2011–0511; FRL–9462–7]**
**Approval and Promulgation of Air Quality Implementation Plans; West**  **Virginia; Revised Motor Vehicle Emission Budgets for the Charleston,**  **Huntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone Maintenance**  **Areas**

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

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of amending the 8-hour ozone maintenance plan for the Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8- hour ozone maintenance areas. This revision amends the maintenance plans’ 2009 and 2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion of the plans’ safety margins which results in an increase in the MVEBs. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

**DATES :**  Comments must be received in writing by October 17, 2011.