Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations 14017 

recognized edition of AAMI/ANSI/IEC 

60601–1–2, ‘‘Medical Electrical 

Equipment—Part 1–2: General 

Requirements for Safety—Collateral 

Standard: Electromagnetic 

Compatibility—Requirements and 

Tests,’’ and ASME A18.1 ‘‘Safety 

Standard for Platform Lifts and Stairway 

Chair Lifts’’) must validate 

electromagnetic compatibility and 

electrical safety; and (5) appropriate 

analysis and nonclinical testing must 

demonstrate the resistance of the device 

upholstery to ignition. 

Firms are now exempt from 510(k) 

requirements for stairway chair lifts as 

long as they meet these conditions of 

exemption. Firms must comply with the 

particular mitigation measures set forth 

in the conditions for exemption or 

submit and receive clearance for a 

510(k) prior to marketing. 

V. Environmental Impact 

The Agency has determined under 21 

CFR 25.30(h) that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

VI. Paperwork Reduction Act of 1995 

This final order contains no collection 

of information. Therefore, clearance by 

the Office of Management and Budget 

under the Paperwork Reduction Act of 

1995 is not required. 

List of Subjects in 21 CFR Part 890 

Medical devices, Physical medicine 

devices. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 890 is 

amended as follows: 

PART 890—PHYSICAL MEDICINE 

DEVICES 

■ 1. The authority citation for 21 CFR 

part 890 continues to read as follows: 

Authority: 21 U.S.C. 351, 360, 360c, 360e, 

360j, 371. 

■ 2. Section 890.5150 is revised to read 

as follows: 

§ 890.5150 Powered patient transport. 

(a) Powered patient stairway chair 

lifts—(1) Identification. A powered 

patient stairway chair lift is a motorized 

lift equipped with a seat and 

permanently mounted in one location 

that is intended for use in mitigating 

mobility impairment caused by injury or 

other disease by moving a person up 

and down a stairway. 

(2) Classification. Class II. The 

stairway chair lift is exempt from 

premarket notification procedures in 

subpart E of part 807 of this chapter, 

subject to § 890.9 and the following 

conditions for exemption: 

(i) Appropriate analysis and 

nonclinical testing (such as that 

outlined in the currently FDArecognized edition of American Society 

of Mechanical Engineers (ASME) A18.1 

‘‘Safety Standard for Platform Lifts and 

Stairway Chair Lifts’’) must demonstrate 

that the safety controls are adequate to 

prevent a free fall of the chair in the 

event of a device failure; 

(ii) Appropriate analysis and 

nonclinical testing must demonstrate 

the ability of the device, including 

armrests, to withstand the rated load 

with an appropriate factor of safety; 

(iii) Appropriate restraints must be 

provided to prevent the user from 

falling from the device (such as that 

outlined in the currently FDArecognized edition of ASME A18.1 

‘‘Safety Standard for Platform Lifts and 

Stairway Chair Lifts’’); 

(iv) Appropriate analysis and 

nonclinical testing (such as that 

outlined in the currently FDArecognized editions of AAMI/ANSI/IEC 

60601–1–2, ‘‘Medical Electrical 

Equipment—Part 1–2: General 

Requirements for Safety—Collateral 

Standard: Electromagnetic 

Compatibility—Requirements and 

Tests,’’ and ASME A18.1 ‘‘Safety 

Standard for Platform Lifts and Stairway 

Chair Lifts’’) must validate 

electromagnetic compatibility and 

electrical safety; and 

(v) Appropriate analysis and 

nonclinical testing must demonstrate 

the resistance of the device upholstery 

to ignition. 

(b) All other powered patient 

transport—(1) Identification. A powered 

patient transport is a motorized device 

intended for use in mitigating mobility 

impairment caused by injury or other 

disease by moving a person from one 

location or level to another, such as up 

and down flights of stairs (e.g., 

attendant-operated portable stairclimbing chairs). This generic type of 

device does not include motorized 

three-wheeled vehicles or wheelchairs. 

(2) Classification. Class II. 

Dated: February 27, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–04897 Filed 3–1–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 11 

[Docket ID: BIA–2013–0001] 

RIN 1076–AF16 

Courts of Indian Offenses 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This interim final rule adds 

two Indian tribes to the list of tribes 

with Courts of Indian Offenses (also 

known as CFR Courts), and deletes five 

tribes from those under the jurisdiction 

of CFR Courts. The two tribes to be 

added are Skull Valley Band of Goshute 

Indians and the Seneca-Cayuga Tribe. 

The tribes to be removed from the list 

are the Seminole Nation, the Miami 

Tribe, the Choctaw Nation of Oklahoma, 

the Wyandotte Tribe, and the Quapaw 

Tribe. 

DATES: This interim final rule is 

effective on March 4, 2013. Submit 

comments by April 3, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

You may submit comments by any of 

the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2013–0001. 

If you would like to submit comments 

through the Federal e-Rulemaking 

Portal, go to www.regulations.gov and 

do the following. Go to the box 

entitled ‘‘Enter Keyword or ID,’’ type 

in ‘‘BIA–2013–0001,’’ and click the 

‘‘Search’’ button. The next screen will 

display the Docket Search Results for 

the rulemaking. If you click on BIA– 

2013–0001, you can view this rule 

and submit a comment. You can also 

view any supporting material and any 

comments submitted by others. 

—Email: consultation@bia.gov. Include 

the number 1076–AF16 in the subject 

line of the message. 

—Mail: Elizabeth Appel, Office of 

Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1849 C Street NW., MIB– 

4141–MS, Washington, DC 20240. 

Include the number 1076–AF16 in the 

subject line of the message. 

—Hand delivery: Elizabeth Appel, 

Office of Regulatory Affairs & 

Collaborative Action, U.S. Department 

of the Interior, 1849 C Street NW., MS 


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14018 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations 

4141, Washington, DC 20240. Include 

the number 1076–AF16 in the subject 

line of the message. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Acting Director, Office 

of Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Rule 

II. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

G. Civil Justice Reform (E.O. 12988) 

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

K. Information Quality Act 

L. Effects on the Energy Supply (E.O. 

13211) 

M. Clarity of This Regulation 

N. Public Availability of Comments 

O. Determination To Issue an Interim Final 

Rule With Immediate Effective Date 

I. Summary of Rule 

This rule revises a section of 25 CFR 

part 11 to add the following Indian 

tribes to the list of tribes with 

established Courts of Indian Offenses 

(also known as CFR Courts): The 

Seneca-Cayuga Tribe and the Skull 

Valley Band of Goshute Indians. This 

rule inserts these tribes into 25 CFR 

11.100. The tribes’ names were inserted 

where they will appear in the list of 

tribes alphabetically, therefore 

necessitating redesignation of some of 

the paragraph numbers in the regulatory 

text, and placing the tribes in 

alphabetical order, where they were not. 

The rule also revises a section of 25 

CFR 11.100(c) to remove five tribes from 

the list of those with established CFR 

Courts. The tribes to be removed from 

the list are the Seminole Nation, the 

Miami Tribe, the Wyandotte Tribe, the 

Choctaw Nation of Oklahoma, and the 

Quapaw Tribe of Indians. This rule 

removes these tribes from 25 CFR 

11.100(c). The tribes’ names will no 

longer appear in the list of tribes 

alphabetically, therefore necessitating 

re-designation of some of the paragraph 

numbers in the regulatory text, and 

placing the tribes in alphabetical order, 

where they were not. Adding these 

tribes will allow for the administration 

of justice until the added tribes put into 

effect a law-and-order code that 

establishes a court system that meets 

regulatory requirements or until the 

tribe adopts a legal code and establishes 

a judicial system in accordance with its 

constitution and bylaws or other 

governing documents. 

Courts of Indian Offenses operate in 

those areas of Indian country where 

tribes retain jurisdiction over Indians 

that is exclusive of State jurisdiction but 

where tribal courts have not been 

established to exercise that jurisdiction. 

The Skull Valley Band of Goshute 

Indians and the Seneca-Cayuga Tribe 

have limited resources and are in need 

of a judicial forum. The Eastern Seneca 

was once listed as being under the 

jurisdiction of the CFR Court, was 

removed from the list, and now is again 

in need of a judicial forum. The 

Wyandotte Tribe of Oklahoma, 

Seminole Nation of Oklahoma, Choctaw 

Nation of Oklahoma, the Miami Tribe, 

and the Quapaw Tribe of Indians were 

previously listed as being within the 

jurisdiction of the CFR Court and have, 

or are in the process of establishing, 

tribal courts; and are therefore no longer 

in need of an extra-tribal judicial forum. 

Two tribes left the jurisdiction of the 

CFR Court to form their own courts 

since 25 CFR 11.100 was last revised, 

but are now seeking to come back under 

the jurisdiction of the CFR Court: the 

Delaware Nation and the Eastern 

Shawnee Tribe. Because no change was 

made to the rule to remove these tribes 

from list of CFR Courts, no revision is 

necessary now. This rule confirms that 

both the Delaware Nation and Eastern 

Shawnee Tribe are on the list of tribes 

with CFR Courts. 

The following table lists the changes 

made to § 11.100: 

Current § 11.100 Interim final rule § 11.100 

(a)(1) Te-Moak Band of Western Shoshone Indians (Nevada) ......................................................................... Moved to (a)(3). 

(a)(2) Ute Mountain Ute Tribe (Colorado) ......................................................................................................... Moved to (a)(6) 

(a)(3) Tribes located in the former Oklahoma Territory (Oklahoma) that are listed in paragraph (b) of this 

section.

Moved to (a)(4). 

(a)(4) Tribes located in the former Indian Territory (Oklahoma) that are listed in paragraph (c) of this section.Moved to (a)(5) 

(a)(5) Winnemucca Indian Tribe; and ................................................................................................................ Moved to (a)(7). 

(a)(6) Santa Fe Indian School property, including Santa Fe Indian Health Hospital, and the Albuquerque Indian School Property (land held in trust for the 19 Pueblos of New Mexico).Moved to (a)(1). 

[Cell Left Intentionally Blank] ............................................................................................................................. Added Skull Valley Band of 

Goshutes Indians (Utah) to 

(a)(2). 

(b)(1) Apache Tribe of Oklahoma ...................................................................................................................... No change. 

(b)(2) Caddo Nation of Oklahoma ..................................................................................................................... No change. 

(b)(3) Comanche Nation (except Comanche Children’s Court) ........................................................................ No change. 

(b)(4) Delaware Nation ....................................................................................................................................... No change. 

(b)(5) Fort Sill Apache Tribe of Oklahoma ........................................................................................................ No change. 

(b)(6) Kiowa Tribe of Oklahoma ........................................................................................................................ No change. 

(b)(7) Otoe-Missouria Tribe of Oklahoma .......................................................................................................... No change. 

(b)(8) Wichita and Affiliated Tribes of Oklahoma .............................................................................................. No change. 

(c)(1) Choctaw Nation ........................................................................................................................................ Deleted. 

(c)(2) Seminole Nation ....................................................................................................................................... Deleted. 

(c)(3) Eastern Shawnee Tribe ............................................................................................................................ Moved to (c)(1). 

(c)(4) Miami Tribe ............................................................................................................................................... Deleted. 

(c)(5) Modoc Tribe ............................................................................................................................................. Moved to (c)(2). 

(c)(6) Ottawa Tribe ............................................................................................................................................. Moved to (c)(3). 

(c)(7) Peoria Tribe .............................................................................................................................................. Moved to (c)(4). 

(c)(8) Quapaw Tribe; and ................................................................................................................................... Deleted. 


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Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Rules and Regulations 14019 

Current § 11.100 Interim final rule § 11.100 

(c)(9) Wyandotte Nation ..................................................................................................................................... Deleted. 

[Cell Left Intentionally Blank] ............................................................................................................................. Added Seneca-Cayuga Tribe of 

Oklahoma to (c)(5). 

II. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) at the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the Nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

E.O. directs agencies to consider 

regulatory approaches that reduce 

burdens and maintain flexibility and 

freedom of choice for the public where 

these approaches are relevant, feasible, 

and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. This rule is also 

part of the Department’s commitment 

under the Executive Order to reduce the 

number and burden of regulations. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. It 

will not result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year. 

The rule’s requirements will not result 

in a major increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions. Nor will 

this rule have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of the U.S.-based enterprises 

to compete with foreign-based 

enterprises. 

D. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

E. Takings (E.O. 12630) 

Under the criteria in Executive Order 

12630, this rule does not affect 

individual property rights protected by 

the Fifth Amendment nor does it 

involves a compensable ‘‘taking.’’ A 

takings implication assessment is not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in Executive Order 

13132, this rule has no substantial direct 

effect 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 government. 

G. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule has been reviewed 

to eliminate errors and ambiguity and 

written to minimize litigation; and is 

written in clear language and contains 

clear legal standards. 

H. Consultation with Indian Tribes (E.O. 

13175) 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments,’’ Executive Order 13175 

(59 FR 22951, November 6, 2000), and 

512 DM 2, we have evaluated the 

potential effects on federally recognized 

Indian tribes and Indian trust assets. 

During development of the rule, the 

Department discussed the rule with the 

affected tribes. 

I. Paperwork Reduction Act 

This rule does not contain any 

information collections requiring 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq. 

J. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment 

because it is of an administrative, 

technical, and procedural nature. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

L. Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and, 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the 

‘‘COMMENTS’’ section. To better help 

us revise the rule, your comments 

should be as specific as possible. For 

example, you should tell us the 

numbers of the sections or paragraphs 

that are unclearly written, which 

sections or sentences are too long, the 

sections where you believe lists or 

tables would be useful, etc. 

M. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 


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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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