14020 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations 

N. Required Determinations Under the 

Administrative Procedure Act 

We are publishing this interim final 

rule with a request for comment without 

prior notice and comment, as allowed 

under 5 U.S.C. 553(b). Under 553(b), we 

find that prior notice and comment are 

unnecessary and would be contrary to 

the public interest. This rule is 

necessary to ensure that these tribes 

have courts to administer justice on 

land under their jurisdiction. Prior 

notice and comment are unnecessary 

and would be contrary to the public 

interest because access to judicial 

process may be impeded or interrupted 

to a degree that the governmental 

function of providing justice for all 

tribal members is impaired. 

As allowed under 5 U.S.C. 553 (d)(3), 

the effective date of this rule is the date 

of publication in the Federal Register. 

Good cause for an immediate effective 

date exists because the delay in 

publishing this rule would inhibit 

access to justice for tribal members and 

likely obstruct speedy trial rights for 

members of those tribes seeking to come 

under the jurisdiction of CFR Courts, 

and would diminish the sovereign right 

of those tribes to establish their own 

tribal courts and to assume personal and 

subject-matter jurisdiction now asserted 

by CFR Courts. 

We have requested comments on this 

interim final rule. We will review any 

comments received and, by a future 

publication in the Federal Register, 

address any comments received and 

either confirm the interim final rule 

with or without change or initiate a 

proposed rulemaking. 

List of Subjects in 25 CFR Part 11 

Courts, Indians-law. 

For the reasons stated in the 

preamble, the Department of the 

Interior, Bureau of Indian Affairs, 

amends part 11 in Title 25 of the Code 

of Federal Regulations as follows: 

PART 11—COURTS OF INDIAN 

OFFENSES AND LAW AND ORDER 

CODE 

■ 1. The authority for part 11 continues 

to read as follows: 

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 

2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 

U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200. 

■ 2. Revise § 11.100 to read as follows: 

§ 11.100 Where are Courts of Indian 

Offenses established? 

(a) Unless indicated otherwise in this 

title, these Courts of Indian Offenses are 

established and the regulations in this 

part apply to the Indian country (as 

defined in 18 U.S.C. 1151 and by 

Federal court precedent) occupied by 

the following tribes: 

(1) Santa Fe Indian School Property, 

including the Santa Fe Indian Health 

Hospital, and the Albuquerque Indian 

School Property (land held in trust for 

the 19 Pueblos of New Mexico); 

(2) Skull Valley Band of Goshutes 

Indians (Utah); 

(3) Te-Moak Band of Western 

Shoshone Indians (Nevada); 

(4) Tribes located in the former 

Oklahoma Territory (Oklahoma) that are 

listed in paragraph (b) of this section; 

(5) Tribes located in the former Indian 

Territory (Oklahoma) that are listed in 

paragraph (c) of this section; 

(6) Ute Mountain Ute Tribe 

(Colorado); and 

(7) Winnemucca Indian Tribe. 

(b) This part applies to the following 

tribes located in the former Oklahoma 

Territory (Oklahoma): 

(1) Apache Tribe of Oklahoma; 

(2) Caddo Nation of Oklahoma; 

(3) Comanche Nation (except 

Comanche Children’s Court); 

(4) Delaware Nation; 

(5) Fort Sill Apache Tribe of 

Oklahoma; 

(6) Kiowa Indian Tribe of Oklahoma; 

(7) Otoe-Missouria Tribe of Indians; 

and 

(8) Wichita and Affiliated Tribe of 

Indians. 

(c) This part applies to the following 

tribes located in the former Indian 

Territory (Oklahoma): 

(1) Eastern Shawnee Tribe of 

Oklahoma; 

(2) Modoc Tribe of Oklahoma; 

(3) Ottawa Tribe of Oklahoma; 

(4) Peoria Tribe of Indians of 

Oklahoma; and 

(5) Seneca-Cayuga Tribe of Oklahoma. 

Dated: February 21, 2013. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–04824 Filed 3–1–13; 8:45 am] 

BILLING CODE 4310–6W–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0141; FRL–9786–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; the 2002 Base Year 

Emissions Inventory for the Delaware 

Portion of the Philadelphia 

Nonattainment Area for the 1997 

Annual Fine Particulate Matter National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Delaware State Implementation Plan 

(SIP) submitted by the State of 

Delaware, through the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) on 

April 3, 2008. The SIP revision pertains 

to the 2002 base year emissions 

inventory for the Delaware portion of 

the Philadelphia-Wilmington, 

Pennsylvania-New Jersey-Delaware (PANJ-DE) nonattainment area. The 2002 

base year emissions inventory was 

submitted to meet nonattainment 

requirements related to the Delaware 

nonattainment area for the 1997 annual 

fine particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

EPA is approving the 2002 base year 

emissions inventory in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

April 3, 2013. 

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 

On November 19, 2012 (77 FR 69399), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the 1997 annual PM2.5 attainment 

demonstration, analysis of reasonably 

available control measures (RACM) and 

reasonably available control technology 

(RACT), the 2002 base year emissions 


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Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations 14021 

inventory, contingency measures, and 

the motor vehicle emission budgets 

(MVEBs) used for transportation 

conformity purposes for New Castle 

County in Delaware. In this final 

rulemaking action, EPA is only taking 

final action on the 2002 base year 

emissions inventory portion of the 

November 19, 2012 NPR. EPA will be 

taking separate action on the remainder 

of the NPR which includes the approval 

of Delaware’s SIP revision for the 

attainment demonstration, the analysis 

of RACM/RACT, contingency measures, 

and MVEBs. 

II. Summary of SIP Revision 

The PM2.5 2002 base year emissions 

inventory submitted by DNREC on April 

3, 2008 for the State of Delaware 

includes emissions estimates that cover 

the general source categories of point 

sources, nonroad mobile sources, area 

sources, onroad mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). Discussions of the 

emissions inventory development as 

well as the emissions inventory can be 

found in the April 3, 2008 SIP 

submittal, a technical support 

document, and in the NPR available on 

line at www.regulations.gov, Docket No. 

EPA–R03–OAR–2010–0141. EPA has 

reviewed the results, procedures and 

methodologies for the base year 

emissions inventory submitted by 

DNREC. EPA found the process used to 

develop this emissions inventory for 

Delaware is adequate and meets the 

requirements of section 172(c)(3) of the 

CAA and EPA guidance for emission 

inventories. Specific requirements of the 

2002 base year emissions inventory and 

the rationale for EPA’s action are 

explained in the NPR and will not be 

restated here. No public comments were 

received on the portion of the NPR 

relating to the 2002 base year emissions 

inventory. 

III. Final Action 

EPA is approving the 2002 base year 

emissions inventory for the 1997 annual 

PM2.5 NAAQS as a revision to the 

Delaware SIP. 

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 

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 May 3, 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 the 

Delaware 2002 base year emissions 

inventory for the 1997 annual PM2.5

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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 14, 2013. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 at the end of 

the table an entry for 2002 Base Year 

Emissions Inventory for the 1997 annual 

fine particulate matter (PM2.5) standard 

to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e)* * * 


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14022 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations 

Name of non-regulatory SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

2002 Base Year Emissions Inventory for the 1997 annual fine particulate matter (PM2.5) standard.Delaware-Philadelphia-Wilmington, 

Pennsylvania-New Jersey-Delaware nonattainment area.

4/3/08 3/4/13 [Insert page number where 

the document begins].

52.423(c) 

■ 3. § 52.423 is amended by adding 

paragraph (c) to read as follows: 

§ 52.423 1990 Base year emissions 

inventory. 

* * * * * 

(c) EPA approves as a revision to the 

Delaware State Implementation Plan for 

the 2002 base year emissions inventory 

for the Delaware 1997 annual fine 

particulate matter (PM2.5) nonattainment 

area submitted by the Delaware 

Department of Natural Resources and 

Environmental Control on April 3, 2008. 

The 2002 base year emissions inventory 

includes emissions estimates that cover 

the general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). 

[FR Doc. 2013–04810 Filed 3–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R5–ES–2013–0035; 

FXES11130900000C6–134–FF09E30000] 

RIN 1018–AZ31 

Endangered and Threatened Wildlife 

and Plants; Reinstatement of Removal 

of the Virginia Northern Flying Squirrel 

From the List of Endangered and 

Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are issuing 

this final rule to comply with a court 

order that has the effect of reinstating 

the removal of the Virginia northern 

flying squirrel (Glaucomys sabrinus 

fuscus) from the List of Endangered and 

Threatened Wildlife under the 

Endangered Species Act of 1973 (ESA), 

as amended. Pursuant to the District of 

Columbia District Court of Appeals 

order dated August 17, 2012, and 

mandate dated November 13, 2012, this 

rule again removes the Virginia northern 

flying squirrel from the List of 

Endangered and Threatened Wildlife. 

DATES: This action is effective March 4, 

2013. 

ADDRESSES: This final rule is available 

on the Internet at http:// 

www.regulations.gov. It will also be 

available for inspection, by 

appointment, during normal business 

hours at U.S. Fish and Wildlife Service, 

West Virginia Field Office, 694 Beverly 

Pike, Elkins, West Virginia 26241. Call 

(304) 636–6586 to make arrangements. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Carter, Project Leader, at our 

West Virginia field office (see 

ADDRESSES) or telephone (304) 636– 

6586, extension 12. Individuals who are 

hearing impaired or speech impaired 

may call the Federal Relay Service at 1– 

800–877–8337 for TTY assistance. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 26, 2008, we published a 

final rule to remove ESA protections for 

the Virginia northern flying squirrel, 

more commonly known as the West 

Virginia northern flying squirrel 

(WVNFS) (73 FR 50226). Additional 

background information on the WVNFS, 

including previous Federal actions, can 

be found in our August 26, 2008, final 

rule, http://www.regulations.gov in 

Docket No. FWS–R5–ES–2011–0035, or 

at http://ecos.fws.gov/speciesProfile/ 

profile/ 

speciesProfile.action?spcode=A09R. 

A lawsuit challenging our final rule 

was filed in U.S. District Court for the 

District of Columbia. On March 25, 

2011, the U.S. District Court for the 

District of Columbia vacated and set 

aside our 2008 delisting rule (Friends of 

Blackwater, et al. v. Salazar, et al., 772 

F.Supp. 2d 232 (D.D.C. 2011)). On May 

20, 2011, the Department of Justice on 

behalf of the Service appealed the 

District Court’s decision to the U.S. 

Court of Appeals for the District of 

Columbia Circuit. Pending the appeal, 

and consistent with the District Court’s 

March 25, 2011, order, we published a 

final rule reinstating ESA protections for 

the WVNFS (76 FR 35349, June 17, 

2011). 

On August 17, 2012, the U.S. Court of 

Appeals, in a two-to-one opinion, 

reversed the ruling of the U.S. District 

Court (Friends of Blackwater, et al. v. 

Salazar, et al., 691 F.3d 428 (DC Cir. 

2012)). On September 28, 2012, Friends 

of Blackwater et al. petitioned the U.S. 

Court of Appeals for a rehearing and a 

rehearing en banc, which were both 

denied on November 1, 2012 (Friends of 

Blackwater, et al. v. Salazar, et al., DC 

Cir., No: 11–5128). On November, 13, 

2012, the U.S. Court of Appeals issued 

its mandate consistent with its August 

17, 2012, opinion reversing the U.S. 

District Court’s vacatur of the WVNFS 

delisting rule. On January 30, 2013, 

Friends of Blackwater et al.’s time to file 

a petition for a writ of certiorari with the 

U.S. Supreme Court expired. 

Administrative Procedure 

This rulemaking is necessary to 

comply with the August 17, 2012, court 

order and November 13, 2012, mandate. 

Therefore, under these circumstances, 

the Director has determined, pursuant to 

5 U.S.C. 553(b)(3)(B), that prior notice 

and opportunity for public comment are 

impractical and unnecessary. The 

Director has further determined, 

pursuant to 5 U.S.C. 553(d)(3), that the 

agency has good cause to make this rule 

effective upon publication. 

Effects of the Rule 

As of the publication of this rule, the 

WVNFS is again removed from the List 

of Endangered and Threatened Wildlife 

at 50 CFR 17.11(h). Therefore, this 

species will no longer receive Federal 

protection under the ESA. This rule will 

not affect the status of the WVNFS 

under State law or suspend any other 

legal protections provided by State law. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

To comply with the court order and 

mandate discussed above, we amend 

part 17, subchapter B of chapter I, title 

50 of the CFR, as set forth below: 


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