### 14636 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules

12. 110(a)(2)(K) Air quality and modeling/data: DEQ has authority pursuant to 40 CFR part 51.21 to conduct air quality modeling and report the results of such modeling to EPA, as incorporated by reference in the Mississippi Air Pollution Control Regulations at Regulation APC–S–5— Regulations for the Prevention of Significant Deterioration for Air Quality. Additionally, Mississippi supports a regional effort to coordinate the development of emissions inventories and conduct regional modeling for several NAAQS, including the 1997 8-hour ozone NAAQS, for the Southeastern states. This regulation demonstrates that Mississippi has the authority to provide relevant data for the purpose of predicting the effect on ambient air quality of the 8-hour Ozone NAAQS. EPA has made the preliminary determination that Mississippi’s SIP and practices adequately demonstrate the DEQ’s ability to provide for air quality and modeling, along with analysis of the associated data, related to the 1997 8- hour ozone NAAQS when necessary.

13. 110(a)(2)(L) Permitting fees: Mississippi addresses the review of construction permits as previously discussed in 110(a)(2)(C) above. Permitting fees are collected through the State’s title V fees program, which has been federally approved. EPA has made the preliminary determination that Mississippi’s SIP and practices adequately provide for permitting fees related to the 1997 8-hour ozone NAAQS when necessary.

14. 110(a)(2)(M) Consultation/ participation by affected local entities: DEQ coordinates with local governments affected by the SIP. Specifically, as outlined in Section IV of Regulation APC–S–2, Public Participation and Public Availability of Information, Mississippi requires that State and local air pollution control agencies be notified of modifications to stationary sources or the construction of new sources within their region of jurisdiction. EPA has made the preliminary determination that Mississippi’s SIP and practices adequately demonstrate consultation and participation by affected local political subdivisions related to the 1997 8-hour ozone NAAQS when
necessary. IV. Proposed Action

As described above, Mississippi has addressed the elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to EPA’s October 2, 2007, guidance to ensure that the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained in Mississippi. EPA is proposing to approve Mississippi’s infrastructure submission for the 1997 8-hour ozone NAAQS because this submission is consistent with section 110 of the CAA.EPA is proposing today’s action to satisfy the Agency’s statutory obligations under section 110(k) of the CAA to act upon the state submitted plans described herein. V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 proposed 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 proposed 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 proposed 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 Mississippi, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq. Dated: March 7, 2011. A. Stanley Meiburg, Acting Regional Administrator, Region 4.
[FR Doc. 2011–6252 Filed 3–16–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 63**

**[EPA–HQ–OAR–2004–0305; FRL–9282–2]**

**RIN 2060–AQ42**

**National Emission Standards for Hazardous Air Pollutants: Primary**  **Lead Smelting**

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

**ACTION :**  Extension of public comment period.

**SUMMARY :**  On February 17, 2011, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting (76 FR 9410). The EPA is extending the deadline for written comments on the proposed amendments by 15 days to April 19, 2011. The EPA received a request for this extension from the Doe Run Company, the sole covered facility. Doe Run Company requested the extension in order to analyze data and review the proposed amendments. EPA finds this request to be reasonable due to the significant changes the proposal would make to the current rule.

**DATES :**  Comments must be received on or before April 19, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2004–0305, by one of the following methods:

• http://www.regulations.gov: Follow the on-line instructions for submitting
comments.


### 14637 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules

• E-mail: a-and-r-docket@epa.gov. Attention Docket ID Number EPA–HQ– OAR–2004–0305.

• Fax: (202) 566–9744. Attention Docket ID Number EPA–HQ–OAR–
2004–0305.

• Mail: U.S. Postal Service, send comments to: EPA Docket Center (6102T), EPA West (Air Docket), Attention Docket ID Number EPA–HQ– OAR–2004–0305, U.S. Environmental Protection Agency, Mailcode 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.

• Hand Delivery: U.S. Environmental Protection Agency, EPA West (Air Docket), Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004, Attention Docket ID Number EPA–HQ– OAR–2004–0305. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies.

Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2004– 0305. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is

an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: 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., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Docket Center is (202)
566–1742.

**FOR FURTHER INFORMATION CONTACT :**  Questions concerning the proposed rule should be addressed to Mr. Nathan Topham, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Metals and Inorganic Chemicals Group (D243–02), Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number: (919) 541–0483; fax number: (919) 541–3207; e-mail address: topham.nathan@epa.gov.

**SUPPLEMENTARY INFORMATION :**  For the reasons noted above, the public comment period will now end on April 19, 2011. How can I get copies of the proposed rule and other related information?

The proposed rule titled, National Emission Standards for Hazardous Air Pollutants: Primary Lead Smelting, was published February 17, 2011 (76 FR 9410). EPA has established the public docket for the proposed rulemaking under docket ID No. EPA–HQ–OAR– 2004–0305, and a copy of the proposed rule is available in the docket. We note that, since the proposed rule was published, additional materials have been added to the docket. Information on how to access the docket is presented above in the **ADDRESSES** section.

Dated: March 10, 2011. Gina McCarthy,

Assistant Administrator.
[FR Doc. 2011–6218 Filed 3–16–11; 8:45 am]

**BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND**  **HUMAN SERVICES**

**Office of Inspector General**

**42 CFR Part 1007**

**[OIG–1203–P]**

**State Medicaid Fraud Control Units; Data Mining** 

**AGENCY :**  Office of Inspector General (OIG), HHS.

**ACTION :**  Proposed rule.

**SUMMARY :**  This proposed rule amends a provision in HHS regulations that prohibits State Medicaid Fraud Control Units (MFCU) from using Federal matching funds to identify fraud through screening and analyzing State Medicaid claims data, known as data mining. To support and modernize MFCU efforts to effectively pursue Medicaid provider fraud, we propose to permit Federal Financial Participation (FFP) in the costs of defined data mining activities under specified conditions. In addition, we propose that MFCUs annually report the costs and results of approved data mining activities to OIG.

**DATES :**  To ensure consideration, public comments must be delivered to the address provided below no later than 5 p.m. on May 16, 2011.

**ADDRESSES :**  In commenting, please refer to file code OIG–1203–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.

You may submit comments in one of three ways (please choose only one of the ways listed):

1. Electronically. You may submit electronic comments on specific recommendations and proposals through the Federal eRulemaking Portal
at http://www.regulations.gov. (Attachments should be in Microsoft Word, if possible.)

2. By regular, express, or overnight mail. You may send written comments to the following address: Office of Inspector General, Department of Health and Human Services, Attention: OIG– 1203–P, Room 5541, Cohen Building, 330 Independence Avenue, SW., Washington, DC 20201. Please allow sufficient time for mailed comments to be received before the close of the comment period.

3. By hand or courier. If you prefer, you may deliver, by hand or courier, your written comments before the close of the comment period to Office of Inspector General, Department of Health and Human Services, Cohen Building,