42224 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 

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 

• will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

This final redesignation action is not 

approved to apply to any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 October 22, 2018. 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 may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 8, 2018. 

Onis ‘‘Trey’’ Glenn, III 

Regional Administrator, Region 4. 

40 CFR part 81 is amended as follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.301, the table entitled 

‘‘Alabama-2006 24-Hour PM2.5 NAAQS 

(Primary and secondary)’’ is amended 

by revising the entry for ‘‘Etowah 

County’’ to read as follows: 

§ 81.301 Alabama. 

* * * * * 

ALABAMA-2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designation area 

Designation a Classification 

Date 1 Type Date Type 

*******

Etowah County ........................... August 21, 2018 ......................... Unclassifiable/Attainment ........... .............................. ..............................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

* * * * * 

[FR Doc. 2018–18034 Filed 8–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–9982– 

57—Region 3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Ordnance Works Disposal Areas 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 3 announces the 

deletion of the Ordnance Works 

Disposal Areas Superfund Site (Site) 

located in Morgantown, West Virginia, 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of West Virginia, through the 

West Virginia Department of 

Environmental Protection (WVDEP), 

have determined that all appropriate 

response actions under CERCLA, other 

than operation and maintenance, 


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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42225 

monitoring, and five-year reviews have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This action is effective August 

21, 2018. 

ADDRESSES: Docket: EPA has established 

a docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1986–0005. All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at: 

U.S. EPA Region III, Superfund 

Records Center, 6th Floor, 1650 Arch 

Street, Philadelphia, PA 19103–2029; 

(215) 814–3157, Monday through Friday 

8:00 a.m. to 5:00 p.m. 

Morgantown Public Library, 373 

Spruce Street, Morgantown, WV 26505; 

(304) 291–7425, Monday through 

Saturday 9:00 a.m. to 4:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Thomas, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 3, 3HS23 1650 Arch 

Street Philadelphia, PA 19103, (215) 

814–3377, email thomas.jeffrey@

epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Ordnance 

Works Disposal Areas, Morgantown, 

West Virginia. A Notice of Intent to 

Delete for this Site was published in the 

Federal Register 83 FR 28586 on June 

20, 2018. 

The closing date for comments on the 

Notice of Intent to Delete was July 20, 

2018. No public comments were 

received and EPA believes the deletion 

action remains appropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: July 31, 2018. 

Cosmo Servidio, 

Regional Administrator, U.S. Environmental 

Protection Agency Region 3. 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘WV’’, 

‘‘Ordnance Works Disposal Areas’’, 

‘‘Morgantown’’. 

[FR Doc. 2018–18032 Filed 8–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1355 

RIN 0970–AC76 

Adoption and Foster Care Analysis 

and Reporting System 

AGENCY: Children’s Bureau (CB); 

Administration on Children, Youth and 

Families (ACYF); Administration for 

Children and Families (ACF); 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule; delay of compliance 

and effective dates. 

SUMMARY: The Children’s Bureau will 

delay the compliance and effective dates 

in the Adoption and Foster Care 

Analysis and Reporting System 

(AFCARS) 2016 final rule for title IV–E 

agencies to comply with agency rules 

for an additional one fiscal year. We are 

delaying the effective date due to our 

advanced notice of proposed 

rulemaking (ANPRM), published on 

March 15, 2018, seeking public 

comment on suggestions for 

streamlining the AFCARS data elements 

and removing any undue burden related 

to reporting AFCARS data. 

DATES: This rule is effective on August 

21, 2018. As of August 21, 2018, the 

effective date for amendatory 

instructions 3 and 5, published 

December 14, 2016 at 81 FR 90524, is 

delayed to October 1, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen McHugh, Division of Policy, 

Children’s Bureau at (202) 401–5789, 

CBComments@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

AFCARS final rule issued on December 

14, 2016 (81 FR 90524), ACF provided 

an implementation timeframe of two 

fiscal years for title IV–E agencies to 

comply with §§ 1355.41 through 

1355.47 (81 FR 90529). On February 24, 

2017, the President issued Executive 

Order 13777 entitled ‘‘Enforcing the 

Regulatory Reform Agenda’’. In 

response to the President’s direction 

that federal agencies establish a 

Regulatory Reform Task Force to review 

existing regulations and make 

recommendations regarding their repeal, 

replacement, or modification, the HHS 

Task Force identified the AFCARS 

regulation as one where there may be 

areas for reducing reporting burden. 

On March 15, 2018, ACF published a 

notice of proposed rulemaking (NPRM) 

proposing to revise the effective date in 

the regulation to provide an additional 

two fiscal years to comply with 

§§ 1355.41 through 1355.47 (83 FR 

11450). The comment period ended on 

April 16, 2018. In response to the 

NPRM, we received 43 comments from 

12 states, six Indian tribes or consortia, 

three organizations representing tribal 

interests, and 22 other organizations and 

anonymous entities. The analysis of the 

comments may be found in the sectionby-section discussion of this final rule. 

Based on our analysis of the 

comments, in this final rule ACF revised 

§ 1355.40 to provide an additional fiscal 

year to comply with §§ 1355.41 through 

1355.47. This also serves as a notice to 

title IV–E agencies that we are delaying 

the implementation timeframe for title 

IV–E agencies to make revisions to their 

systems to comply with §§ 1355.41 

through 1355.47. 

ACF finds good cause for these 

amendments to become effective on the 

date of publication of this action. The 

APA allows an effective date less than 

30 days after publication as ‘‘provided 

by the agency for good cause found and 

published with the rule’’ (5 U.S.C. 

553(d)(3)). A delayed effective date is 

unnecessary in this case because, as 

stated above, any delay might lead to 


sradovich on DSK3GMQ082PROD with RULES