Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 40663 

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 proposed rule 

pertaining to the redesignation of the 

West Virginia portion of the 

Parkersburg-Marietta WV–OH 1997 

annual PM2.5 nonattainment area, 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. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness Areas. 

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

Dated: June 13, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–16060 Filed 7–5–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60, 61, and 63 

[EPA–R08–OAR–2012–0764; FRL–9828–5] 

Delegation of Authority to the 

Southern Ute Indian Tribe To 

Implement and Enforce National 

Emissions Standards for Hazardous 

Air Pollutants and New Source 

Performance Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is taking final action to 

approve the Southern Ute Indian Tribe’s 

(SUIT) July 3, 2012 request for 

delegation of authority to implement 

and enforce National Emissions 

Standards for Hazardous Air Pollutants 

(NESHAP) and New Source 

Performance Standards (NSPS). This 

request establishes and requires SUIT to 

administer a NSPS and NESHAPs 

program per EPA regulations. The 

delegation is facilitated by SUIT’s 

treatment ‘‘in the same manner as a 

state’’ (TAS) document, per CAA 

requirements. 

DATES: Written comments must be 

received on or before August 7, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2012–0764, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: olson.kyle@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed instruction 

on how to submit comments. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Olson, Air Program, Mailcode 8P–AR, 

U.S. Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6002 

or olson.kyle@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

taking final action approving Southern 

Ute Indian Tribe’s (SUIT) July 3, 2012 

request for delegation of authority to 

implement and enforce National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAP) and New Source 

Performance Standards (NSPS). This 

request establishes and requires SUIT to 

administer a NSPS and NESHAPs 

program per EPA regulations. SUIT met 

the requirements of Clean Air Act (CAA) 

sections 111(c) and 112(l) and 40 CFR 

Subpart E for full approval to administer 

CAA 111 and CAA 112 programs 

entirely due to its prior approval of its 

CAA Title V Part 70 Permitting Program. 

The delegation is facilitated by SUIT’s 

treatment ‘‘in the same manner as a 

state’’ (TAS) document, per CAA section 

301(d)(2). This action is being taken 

under section 111 and 112 of the CAA. 

In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA is 

approving the delegation as a direct 

final rule without prior proposal 

because the Agency views this as a 

noncontroversial delegation and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the preamble to the direct final 

rule. If EPA receives no adverse 

comments, EPA will not take further 

action on this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and it will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on this proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. See the information 

provided in the direct final action of the 

same title which is located in the Rules 

and Regulations Section of this Federal 

Register. 

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


tkelley on DSK3SPTVN1PROD with PROPOSALS
40664 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 

Dated: May 30, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–16328 Filed 7–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

National Endowment for the 

Humanities 

Institute of Museum and Library 

Services 

45 CFR Part 1100 

RIN 3135–AA26; 3136–AA31; 3137–AA23 

Statement for the Guidance of the 

Public—Organization, Procedure and 

Availability of Information 

AGENCY: National Endowment for the 

Arts, National Endowment for the 

Humanities, and Institute of Museum 

and Library Services. 

ACTION: Proposed rule. 

SUMMARY: The National Endowment for 

the Arts (NEA), the National 

Endowment for the Humanities (NEH), 

and the Institute of Museum and Library 

Services (IMLS) are proposing to amend 

their joint Freedom of Information Act 

(FOIA) regulations, to remove any 

reference to the NEH, the Federal 

Council on the Arts and the Humanities 

(FCAH), an agency for which the NEH 

provides legal counsel, and the IMLS. 

The NEA, the NEH and the IMLS are 

amending these joint regulations 

because each agency has proposed or 

plans to propose its own separate FOIA 

regulations. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before 

September 6, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: Gencounsel@neh.gov. Please 

include ‘‘NFAH FOIA Regulations’’ in 

the subject line of the message. 

• FAX: (202) 606–8600. Please send 

your comments to the attention of Gina 

Raimond. 

• Mail: Gina Raimond, Attorney 

Advisor, Office of the General Counsel, 

National Endowment for the 

Humanities, 1100 Pennsylvania Ave. 

NW., Room 529, Washington, DC 20506. 

To ensure proper handling, please 

reference ‘‘NFAH FOIA Regulations’’ on 

your correspondence. 

FOR FURTHER INFORMATION CONTACT: Gina 

Raimond, Attorney Advisor, Office of 

the General Counsel, National 

Endowment for the Humanities, 202– 

606–8322. 

SUPPLEMENTARY INFORMATION: The NEA, 

the NEH, the IMLS, and the FCAH make 

up the National Foundation on the Arts 

and Humanities (Foundation). The 

Foundation was established by the 

National Foundation on the Arts and 

Humanities Act of 1965, 20 U.S.C. 951 

et seq. The NEA, the NEH (for itself and 

on behalf of the FCAH), and the former 

Institute of Museum Services (now, the 

IMLS) last revised the joint regulations 

on December 21, 1987. Each of these 

agencies has now decided to issue 

separate FOIA regulations; therefore, 

they are proposing to amend 45 CFR 

part 1100. At this time, NEH has 

proposed new FOIA regulations for 

itself and the FCAH in 45 CFR part 

1171, and IMLS has proposed new FOIA 

regulations for itself in 45 CFR part 

1184. NEA intends to propose new 

FOIA regulations for itself in 45 CFR 

part 1160. 

E.O. 12866, Regulatory Review 

NEA, NEH, and IMLS have 

determined that the proposed rule is not 

a ‘‘significant regulatory action’’ under 

Executive Order 12866 and therefore is 

not subject to Office of Management and 

Budget (OMB) Review. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act, 5 U.S.C. 605(b), NEA, 

NEH, and IMLS have determined that 

this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Under the FOIA, agencies may recover 

only the direct costs of searching for, 

reviewing, and duplicating the records 

that agencies process for requesters. 

Thus, fees assessed for processing FOIA 

requests are nominal. 

Unfunded Mandates Reform Act of 

1995 

For purposes of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4, the proposed rule will not 

result in the expenditure by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more in any one year, 

and it will not significantly or uniquely 

affect small governments. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed rule is not a major rule 

as defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804, as 

amended. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act 

NEA, NEH, and IMLS have 

determined that the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

does not apply to the proposed rule 

because the rule does not contain 

information collection requirements that 

require OMB approval. 

List of Subjects in 45 CFR Part 1100 

Administrative practice and 

procedure, Freedom of Information. 

For the reasons stated in the 

preamble, the NEA, the NEH (for itself 

and on behalf of the FCAH), and the 

IMLS propose to amend 45 CFR part 

1100 as follows: 

PART 1100—STATEMENT FOR THE 

GUIDANCE OF THE PUBLIC— 

ORGANIZATION, PROCEDURE AND 

AVAILABILITY OF INFORMATION 

■ 1. The authority citation for part 1100 

continues to read as follows: 

Authority: 5 U.S.C. 552, as amended by 

Pub. L. 99–570, 100 Stat. 3207. 

■ 2. In § 1100.1 revise paragraph (a) to 

read as follows: 

§ 1100.1 Definitions. 

(a) Agency means the National 

Endowment for the Arts. 

* * * * * 

■ 3. Revise § 1100.2 to read as follows: 

§ 1100.2 Organization. 

The National Foundation on the Arts 

and the Humanities was established by 

the National Foundation on the Arts and 

the Humanities Act of 1965, 20 U.S.C. 

951 et seq. The Foundation is composed 

of the National Endowment for the Arts, 

the National Endowment for the 

Humanities, the Institute of Museum 

and Library Services, and the Federal 

Council on the Arts and the Humanities. 

The Institute of Museum and Library 

Services became a part of the National 

Foundation on the Arts and the 

Humanities pursuant to the Museum 

and Library Services Act, as amended 

(20 U.S.C. 9102). Each Endowment is 

headed by a Chairman and has an 

advisory national council composed of 

26 presidential appointees. The Institute 

of Museum and Library Services is 

headed by a Director and has a National 


tkelley on DSK3SPTVN1PROD with PROPOSALS