### 46351 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

implementing directive, and this section. An MDR request must describe the document or material containing the requested information with sufficient specificity to enable Commission personnel to locate it with a reasonable amount of effort. Requests for broad types of information, entire file series of records, or similar non-specific requests may be denied processing. The Secretary shall notify a requester who has submitted a non-specific request
that no further action will be taken on the request unless the requester provides additional description.

(b) Freedom of Information Act and Privacy Act requests. (1) Requests for
records submitted under the Freedom of Information Act (‘‘FOIA’’) (5 U.S.C. 552), as amended, or the Privacy Act of 1974 (5 U.S.C. 552a), as amended,
which include classified information shall be processed in accordance with the provisions of those acts and applicable Commission regulations (subpart C of this part (FOIA regulations); subpart D of this part (Privacy Act regulations)).

(2) If a requester submits a request under FOIA and also requests MDR, the Secretary shall require the requester to select one process or the other. If the requester fails to select one or the other process, the Secretary will treat the request as a FOIA request unless the requested materials are subject only to

MDR.

(c) Referral of MDR requests. (1)
Because the Commission does not have original classification authority and all U.S. originated classified information in its custody has been originally classified by another Federal agency, the Secretary shall refer all requests for MDR and the pertinent records to the originating agency for review. Following consultations with the originating agency, the Secretary shall notify the requester of the referral unless such
association is itself classified under
Executive Order 13526 or its predecessor orders. The Secretary shall request that the originating agency, in
accordance with 32 CFR 2001.33(a)(2)(ii) and 2001.34(e):

(i) Promptly process the request for declassification,

(ii) Communicate its declassification determination to the Secretary, and

(iii) If the originating agency proposes to withhold any information from public release, notify the Secretary of the specific information at issue and the applicable law that authorizes and warrants withholding such information.

(2) Unless a prior arrangement has been made with the originating agency, the Secretary shall collect the results of that agency’s review and inform the requester of any final decision regarding the declassification of the requested
information as follows:

(i) If the originating agency denies declassification of the requested information in whole or in part, the Secretary shall ensure that the decision provided to the requester includes notification of the right to file an administrative appeal with the originating agency within 60 days of receipt of the denial and the mailing address for the appellate authority at the originating agency.

(ii) If the originating agency declassifies the requested information in whole or in part, the Secretary shall determine whether the requested declassified information is exempt from disclosure, in whole or in part, under the provisions of a statutory authority, such as the FOIA. The Secretary shall inform the requester that an appeal from a denial of requested declassified
information must be received within 60 days of the date of the letter of denial
and shall be made to the Commission and addressed to the Chairman, United States International Trade Commission, 500 E Street SW., Washington, DC

20436.

(d) Foreign Government Information

— (1) Definitions. ‘‘Foreign government information’’ (‘‘FGI’’) means information provided to the United States Government by a foreign government or governments, an international organization of governments, or any element thereof, with the expectation that the information, the source of the information, or both, are to be held in confidence; information produced by the United States Government pursuant to or as a result of a joint arrangement with a foreign government or governments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence; or
information received and treated as FGI under the terms of a predecessor of
Executive Order 13526.

(2) MDR requests for classified records in Commission custody that contain

FGI. The Commission will handle such MDR requests consistent with the requirements of Executive Order 13526 and 32 CFR part 2001. MDR requests for FGI initially received or classified by another Federal agency shall be referred to such agency following the referral procedures in paragraph (c) of this

section.

(e) Appeals of denials of MDR requests. MDR appeals are for the denial of classified information only. Appeals
of denials are handled in accordance with 32 CFR 2001.33(a)(2)(iii), which provides that the agency appellate authority deciding an administrative appeal of the denial of an MDR request shall notify the requester in writing of the reasons for any denial and inform the requester of his or her final appeal rights to the Interagency Security Classification Appeals Panel.

Issued: August 1, 2014. By order of the Commission.
Jennifer D. Rohrbach,
Supervisory Attorney.

[FR Doc. 2014–18685 Filed 8–7–14; 8:45 am]

**BILLING CODE 7020–02–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 52**

**[EPA–R03–OAR–2010–0160; FRL–9914–70- Region 3]** 

**Commonwealth of Virginia; Infrastructure Requirements for the** 
**1997 8-Hour Ozone and the 1997 and**
**2006 Fine Particulate Matter National Ambient Air Quality Standards** 

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

**ACTION :**  Final rule; correcting
amendments.

**SUMMARY :**  The Environmental Protection Agency (EPA) is correcting errors in the rule language of a final rule pertaining to the infrastructure requirements for
the 1997 8-hour ozone and the 1997 and 2006 fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS).

**DATES :**  This final rule is effective on August 8, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.

**SUPPLEMENTARY INFORMATION :** 
I. Background

On October 11, 2011, EPA published a final rulemaking action announcing the approval of several infrastructure elements for the 1997 ozone, 1997

PM 2.5 , and 2006 PM2.5 NAAQS for the Commonwealth of Virginia’s State Implementation Plan (SIP). 76 FR 62635. In that final rulemaking, EPA approved the addition of section 10.1– 1302 of the Code of Virginia into the Virginia SIP; however, in that rulemaking action, EPA inadvertently failed to include amendatory language which would have added an entry to the EPA-approved Virginia regulations table at 40 CFR 52.2420(c). This rulemaking
action corrects that omission.


### 46352 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

Section 553(b)(3)(B) of the Administrative Procedure Act provides that when an agency, for good cause, finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this rule final without prior proposal and opportunity for comment because EPA is merely correcting an errant omission of amendatory language from a previous rulemaking action. Thus, notice and public procedure are unnecessary. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

II. General Information Pertaining to
SIP Submittals From the Commonwealth of Virginia

In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ‘‘privilege’’ for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia’s legislation also provides, subject to certain conditions, for a penalty waiver
for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily
discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia’s Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1–1198, provides a privilege that protects from disclosure
documents and information about the
content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1–1198, precludes granting a privilege to documents and information ‘‘required by law,’’ including documents and information ‘‘required by Federal law to maintain program delegation, authorization or approval,’’ since Virginia must ‘‘enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts . . .’’ The opinion concludes that ‘‘[r]egarding § 10.1–1198, therefore,
documents or other information needed
for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval.’’

Virginia’s Immunity law, Va. Code Sec. 10.1–1199, provides that ‘‘[t]o the extent consistent with requirements imposed by Federal law,’’ any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General’s January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since ‘‘no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity.’’

Therefore, EPA has determined that Virginia’s Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its PSD, NSR, or Title V program consistent with the Federal requirements. In any event,
because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity
law.

III. Statutory and Executive Order

Reviews

Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and is therefore not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). Because the agency has made a ‘‘good cause’’ finding that this action is not subject to notice-and-comment requirements under the Administrative Procedures Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does not have a
substantial direct effect on one or more Indian tribes, on the relationship
between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of governments, as specified by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant.

This technical correction action does not involve technical standards, thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an
information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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


### 46353 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations

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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public
interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a good cause finding, including the reasons therefore, and established an effective date of August 8, 2014. EPA will submit a report containing this rule 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 . This correction to 40 CFR 52.2420 for Virginia is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2).

Dated: July 10, 2014.
W.C. Early,
Acting Regional Administrator, Region III.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. For the reasons stated in the preamble, 40 CFR part 52 is amended as
follows:

**PART 52—[AMENDED]**

■ 1. The authority citation for 40 CFR part 52 continues to read as follows:

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

**Subpart VV—Virginia**

■ 2. Section 52.2420 is amended by adding, in numerical order, an entry for Section 10.1–1302 under the heading ‘‘Code of Virginia’’ in the table in paragraph (c) to read as follows:

**§ 52.2420 Identification of plan.**

* * * * *

(c) * * *



### EPA-A PPROVED 

### V IRGINIA 

### R EGULATIONS AND 

### STATUTES

State citation Title/subject State effective

date EPA approval date Explanation [former SIP citation]

*******

**Code of Virginia**

Section 10.1–1302 ......... Qualifications of members of Boards ................... 7/1/08 10/11/11, 76 FR 62635 Section added.

* * * * * * *

* * * * *

[FR Doc. 2014–18639 Filed 8–7–14; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 80**

**[EPA–HQ–OAR–2014–0575; FRL 9914–88– OAR]** 

**RIN 2060–AS29**

**Regulation of Fuels and Fuel Additives: Extension of Compliance**  **and Attest Engagement Reporting**
**Deadlines for 2013 Renewable Fuel**
**Standards**

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

**ACTION :**  Direct final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is taking direct final action to extend two reporting deadlines for the 2013 compliance period under the Renewable Fuel Standard (RFS) program. This action specifically affects the annual compliance and attest engagement reporting requirement deadlines for regulated parties. The annual compliance reports and attest engagement reports for the 2013 RFS compliance period will not be due until 30 days and 90 days, respectively, following publication of the final rule establishing the 2014 renewable fuel percentage standards for cellulosic biofuel, biomass-based diesel, advanced
biofuel and total renewable fuel in the Federal Register . This action ensures timely amendment of existing deadlines, before compliance obligations would otherwise go into
effect.

**DATES :**  This rule is effective on September 29, 2014 without further notice, unless the EPA receives adverse comment by September 15, 2014. If the EPA receives adverse comment, we will publish a timely withdrawal notice in
the Federal Register informing the public that the rule will not take effect.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2014–0575, by one of the following methods:

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

comments.

• Email: a-and-r-docket@epa.gov.

• Mail: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

• Hand Delivery: EPA Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2014– 0575. The EPA’s policy is that all
comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov
or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system,
which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without