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

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.


### 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-basedcompanies 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