Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Proposed Rules 26679 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

also has been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to this regulation, and because the 

regulation does not impose a collection 

of information on small entities, the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. Pursuant to 

section 7805(f) of the Internal Revenue 

Code, this regulation has been 

submitted to the Chief Counsel for 

Advocacy of the Small Business 

Administration for comment on its 

impact on small business. 

Comments and Requests for Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

timely submitted to the IRS. All 

comments will be available at http:// 

www.regulations.gov or for public 

inspection and copying upon request. A 

public hearing will be scheduled if 

requested in writing by any person that 

timely submits written or electronic 

comments. If a public hearing is 

scheduled, notice of the date, time, and 

place for the hearing will be published 

in the Federal Register. 

Drafting Information 

The principal author of these 

proposed regulations is A.G. Kelley, 

Office of the Division Counsel/Associate 

Chief Counsel (Tax Exempt and 

Government Entities). However, other 

personnel from the IRS and the Treasury 

Department participated in their 

development. 

List of Subjects in 26 CFR Part 31 

Employment taxes, Fishing vessels, 

Gambling, Income taxes, Penalties, 

Pensions, Railroad retirement, Reporting 

and recordkeeping requirements, Social 

Security, Unemployment compensation. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 31 is 

proposed to be amended as follows: 

PART 31—EMPLOYMENT TAXES AND 

COLLECTION OF INCOME TAX AT 

SOURCE 

Paragraph 1. The authority citation 

for part 31 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 *** 

Par. 2. Section 31.3402(t)–1 is 

amended by revising paragraph (d)(2) to 

read as follows: 

§ 31.3402(t)–1 Withholding requirement on 

certain payments made by government 

entities. 

* * * * * 

(d) * * * 

(2) Payments made under a written 

binding contract that was in effect on 

December 31, 2012, are not subject to 

the withholding requirements of this 

section for payments made prior to 

January 1, 2014. The preceding sentence 

does not apply to payments made under 

any contract that is materially modified 

after December 31, 2012. For this 

purpose, a material modification 

includes only a modification that 

materially affects the property or 

services to be provided under the 

contract, the terms of payment for the 

property or services under the contract, 

or the amount payable for the property 

or services under the contract. 

Notwithstanding the foregoing, a 

material modification does not include 

a mere renewal of a contract. A material 

modification also does not include a 

modification to the contract required by 

applicable Federal, State or local law. 

The amendment to § 31.3402(t)–1(d)(2) 

applies with respect to payments made 

after December 31, 2012. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2011–10758 Filed 5–6–11; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0770; FRL–9303–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Requirements for 

Preconstruction Review, Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the Delaware 

Department of Natural Resources and 

Environmental Control on April 1, 2010. 

This revision will establish nitrogen 

oxides (NOX) as a precursor to ozone 

within the Delaware SIP. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before June 8, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0770 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0770, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2010– 

0770. 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 

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 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

26680 Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Proposed Rules 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

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: 

Sharon McCauley, (215) 814–3376, or by 

e-mail at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On April 1, 2010, Delaware 

submitted a revision to its SIP for 

changes noted in Regulation 1125, 

Requirements for Preconstruction 

Review, Prevention of Significant 

Deterioration (PSD) found in section 3.0 

of Regulation 1125 (Regulation 1125, 

section 3.0). 

I. Background 

This SIP revision governs the permits 

for constructing and significantly 

modifying major stationary sources of 

air pollutants in PSD areas located in 

Delaware. This regulatory revision was 

made effective as a legislative rule in 

Delaware on April 11, 2010. This 

regulatory revision became effective as a 

legislative rule in the State on April 11, 

2010 and can be found in Regulation 

1125, section 3.0. This SIP revision, as 

proposed, will only replace the current 

regulations found in Regulation 1125, 

section 3.0 which establish NOX as a 

precursor to ozone, but will keep intact 

the formally approved Delaware SIP 

increments for NOX found in the 

Federal Register action for Delaware 

dated July 27, 1993 (58 FR 40065). 

Delaware’s proposed SIP submission 

addresses changes needed in the part C 

PSD permit program. This SIP 

submission also corrects deficiencies 

identified by EPA in the March 27, 2008 

Federal Register action entitled, 

‘‘Completeness Findings for Section 

110(a) State Implementation Plans for 

the 8-hour Ozone National Ambient Air 

Quality Standards (1997 Ozone 

NAAQS)’’ (73 FR 16205). EPA’s 

proposed approval of this SIP 

submission addresses Delaware’s 

compliance with the portion of CAA 

Section 110(a)(2)(C) & (J) relating to the 

CAA’s part C permit program for the 

1997 Ozone NAAQS, because this 

proposed approval would approve 

regulating NOX as a precursor to ozone 

in Delaware’s SIP in accordance with 

the Federal Register action dated 

November 29, 2005 (70 FR 71612) that 

finalized NOX as a precursor for ozone 

regulations set forth at 40 CFR 51.166 

and in 40 CFR 52.21. 

We have determined that the current 

amendments to Delaware’s PSD permit 

program at Regulation 1125, section 3.0, 

as submitted on April 1, 2010, meet the 

minimum requirements of 40 CFR 

51.166 and the CAA. This SIP proposal 

is being proposed as a full approvable 

revision to the Delaware SIP. No other 

changes to the currently approved SIP 

are being proposed for approval at this 

time. 

II. Summary of SIP Revision 

This rule establishes a state 

construction permit program consistent 

with the federal CAA’s Title I program 

and implementing regulations at 40 CFR 

51.166, ‘‘Prevention of Significant 

Deterioration of Air Quality.’’ Regulation 

1125, section 3.0 is part of the SIP and 

sets forth the criteria and procedures for 

major stationary sources to obtain a 

permit to construct, operate and/or 

modify a major stationary source. 

As required by 40 CFR Part 51, 

Subpart I—‘‘Review of New Sources and 

Modifications,’’ this rule adopts criteria 

and procedures for the prevention of 

significant deterioration of air quality 

that are consistent with the governing 

federal regulation at 40 CFR 51.166. 

Promulgation of this rule by the 

Legislature was necessary for Delaware 

to fulfill its responsibilities under 40 

CFR Part 51 and the CAA, as amended. 

Revisions to the Delaware rule simply 

added new references to include NOX as 

a precursor to ozone to comport with 

federal counterpart language. The 

Delaware Department of Natural 

Resources and Environmental Control 

has now submitted a final rule 

Regulation 1125, section 3.0 as a 

proposed revision to the SIP. We are 

now proposing to approve NOX as a 

precursor to ozone in the Delaware SIP. 

III. Proposed Action 

Delaware’s proposed SIP submission 

addresses changes needed to be 

equivalent to the CAA’s part C PSD 

permit program. This SIP submission 

also corrects deficiencies identified by 

EPA in the March 27, 2008 Federal 

Register action entitled, ‘‘Completeness 

Findings for Section 110(a) State 

Implementation Plans for the 8-hour 

Ozone National Ambient Air Quality 

Standards (1997 Ozone NAAQS)’’ (73 FR 

16205). EPA’s proposed approval of this 

SIP submission addresses Delaware’s 

compliance with the portion of CAA 

Section 110(a)(2)(C) & (J) relating to the 

CAA’s part C permit program for the 

1997 Ozone NAAQS, because this 

proposal would approve regulating NOX

as a precursor to ozone in Delaware’s 

SIP in accordance with the Federal 

Register action dated November 29, 

2005 (70 FR 71612) that finalized NOX

as a precursor for ozone regulations set 

forth at 40 CFR 51.166 and in 40 CFR 

52.21. 

EPA is proposing to approve this 

Delaware SIP revision for the changes 

made to Regulation 1125, section 3.0, as 

was submitted on April 1, 2010. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 action 

merely proposes to approve 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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Proposed Rules 26681 

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). 

This proposed rule, for the inclusion 

of NOX as a precursor to ozone in 

Delaware for the PSD program, 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 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. 

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

Dated: April 20, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–11215 Filed 5–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[FRL–9293–8] 

Wisconsin: Incorporation by Reference 

of Approved State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to codify in the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs,’’ Wisconsin’s authorized 

hazardous waste program. EPA will 

incorporate by reference into the Code 

of Federal Regulations (CFR) those 

provisions of the State regulations that 

are authorized and that the EPA will 

enforce under the Solid Waste Disposal 

Act, commonly referred to as the 

Resource Conversation and Recovery 

Act (RCRA). 

DATES: Send written comments by June 

8, 2011. 

ADDRESSES: Send written comments to 

Jean Gromnicki, U.S. EPA, Region 5, 77 

West Jackson Boulevard, Mail Code LR– 

8J, Chicago, Illinois 60604. You may 

also submit comments electronically or 

through hand delivery/courier; please 

follow the detailed instructions in the 

ADDRESSES section of the immediate 

final rule which is located in the Rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: Jean 

Gromnicki, U.S. EPA, Region 5, 77 West 

Jackson Boulevard, Mail Code LR–8J, 

Chicago, Illinois 60604, 

gromnicki.jean@epa.gov, (312) 886– 

6162. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, EPA is codifying and 

incorporating by reference the State’s 

hazardous waste program as an 

immediate final rule. EPA did not make 

a proposal prior to the immediate final 

rule because we believe these actions 

are not controversial and do not expect 

comments that oppose them. We have 

explained the reasons for this 

codification and incorporation by 

reference in the preamble to the 

immediate final rule. If we do not get 

written comments which oppose this 

incorporation by reference during the 

comment period, the immediate final 

rule will become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose these actions, we 

will withdraw the immediate final rule 

and it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time. 

For additional information, please see 

the immediate final rule published in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste and Disposal Act, 

as amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: March 24, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–11155 Filed 5–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385, 386, 390, and 395 

[Docket No. FMCSA–2004–19608] 

RIN 2126–AB26 

Hours of Service of Drivers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice; availability of 

supplemental documents; reopening of 

comment period. 

SUMMARY: FMCSA has placed four 

additional documents in the public 

docket of its recent notice of proposed 

rulemaking (NPRM) concerning hours of 

service (HOS) for commercial motor 

vehicle drivers. The Agency is 

reopening the comment period on the 

NPRM to allow for review and 

discussion of these documents and 

FMCSA’s possible consideration of their 

findings in the development of the final 

rule. Comments will only be considered 

on the four documents listed below. 

DATES: Comments are due by June 8, 

2011. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2011–0039 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

Instructions: All submissions must 

include the Agency name and docket 

number (FMCSA–2011–0039) for this 

rulemaking. To avoid duplication, 

please use only one of these four 

methods. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please refer to the Privacy Act heading 

for further information. 

Comments received after the comment 

closing date will be included in the 

docket and we will consider late 

comments only to the extent practicable. 

FMCSA may issue a final rule at any 

time after the close of the comment 

period. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

Privacy Act: Anyone is able to search 

the electronic form for all comments 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS