71700 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0619; FRL–9754–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Control of Stationary 

Generator Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Delaware Department of Natural 

Resources and Environmental Control 

(DNREC) State Implementation Plan 

(SIP). The revision amends Regulation 

1102—PERMITS, Appendix A to 

provide permit exemptions for certain 

internal combustion engines. EPA is 

approving this revision in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on February 

4, 2013 without further notice, unless 

EPA receives adverse written comment 

by January 3, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0619 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0619, 

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–2012– 

0619. 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 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 EPA without going 

through www.regulations.gov, your 

email 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 

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 available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in 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: 

Cathleen Van Osten, (215) 814–2746, or 

by email at vanosten.cathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 29, 2008 (73 FR 23101), EPA 

approved a SIP revision containing 

provisions to control emissions from 

stationary generators. The revision 

added a new regulation, Regulation No. 

1144—CONTROL OF STATIONARY 

GENERATOR EMISSIONS. The 

regulation established operating 

requirements, fuel sulfur content limits, 

and record keeping requirements for 

stationary generators. 

II. Summary of SIP Revision 

On November 1, 2007, the Delaware 

Department of Natural Resources and 

Environmental Control submitted a 

formal revision to its State 

Implementation Plan. The SIP revision 

contains amendments to Regulation No. 

1102—PERMITS. This amendment 

clarifies the permitting requirements for 

owners of stationary generators, 

specifically adding certain internal 

combustion engines to the list of 

exempted sources in Appendix A, of 

Regulation No. 1102, List of Exempted 

Sources. The amendment exempts: (a) 

Any internal combustion engine 

associated with a stationary electrical 

generator that (1) has a standby power 

rating of 450 kilowatts or less that is 

used only during the times of 

emergency, (2) is located at any 

residence, or (3) is located at any 

commercial poultry producing premise, 

as these terms are defined in Regulation 

No. 1144; and (b) any internal 

combustion fuel burning equipment, 

which is not associated with a 

stationary electrical generator, and has 

an engine power rating of 450 

horsepower (hp) or less. 

III. Final Action 

EPA is approving the Delaware SIP 

revision for Regulation No. 1102– 

PERMITS submitted on November 1, 

2007. EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on February 4, 2013 without 

further notice unless EPA receives 

adverse comment by January 3, 2013. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 


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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 71701 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this 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 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 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 the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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 

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. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 4, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action, to 

amend Delaware’s Regulation 1102— 

PERMITS, may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 6, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by revising the entry for 

Regulation 1102, Appendix A to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation (7 DNREC 

1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1102 ........................................ Permits.

*******

Appendix A ............................. [List of Permits Exemptions] .. 1/11/06 

9/11/08 

12/4/12 [Insert page number 

where the document begins].

Addition of paragraphs 32.0 

and 33.0 (formerly gg. and 

hh. respectively). 

*******


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71702 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 

* * * * * 

[FR Doc. 2012–29103 Filed 12–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 73 

RIN 0920–AA34 

Possession, Use, and Transfer of 

Select Agents and Toxins; Biennial 

Review 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: The Department of Health and 

Human Services is correcting a final 

rule that appeared in the Federal 

Register on October 5, 2012 (77 FR 

61084). The document updated the list 

of HHS and overlap biological agents 

and toxins and designated certain select 

agents and toxins as Tier 1 agents. 

DATES: Effective Date: Effective 

December 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Weyant, Director, Division of 

Select Agents and Toxins, Centers for 

Disease Control and Prevention, 1600 

Clifton Rd., MS A–46, Atlanta, GA 

30333. Telephone: (404) 718–2000. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2012–24389, published on October 5, 

2012 (77 FR 61084) appearing on pages 

61086 and 61110, the following 

corrections are made: Preamble 

[Corrected] 

1. On page 61086, in the second 

column, second paragraph, beginning 

on the fourth line, ‘‘According to 

available reports, Lujo virus (1) caused 

a fatal outbreak of hemorrhagic fever, (2) 

has a case fatality rate of 80 percent, (3) 

has been phylogenetically identified as 

an arenavirus, and (4) is related to those 

members of the Old World arenaviridae 

family (Junin, Machupo, Sabia, 

Guanarito, and Lassa) listed as HHS 

select agents that cause hemorrhagic 

fever and pose a significant risk to 

public health and safety (Ref 2)’’ is 

corrected to read: ‘‘According to 

available reports, Lujo virus (1) caused 

a fatal outbreak of hemorrhagic fever, (2) 

has a case fatality rate of 80 percent, (3) 

has been phylogenetically identified as 

an arenavirus, and (4) is related to those 

members of the Arenaviridae family 

(Junin, Machupo, Sabia, Guanarito, and 

Lassa) listed as HHS select agents that 

cause hemorrhagic fever and pose a 

significant risk to public health and 

safety (Ref 2).’’ 

§ 73.0 [Corrected] 

2. On page, 61110, in the second 

column, in § 73.0 (Applicability and 

related requirements), in paragraph one, 

‘‘All individuals and entities that 

possess SARS-CoV, Lujo virus, or 

Chapare virus must provide notice to 

CDC regarding their possession of 

SARS-CoV, Lujo virus, or Chapare virus 

on or before November 5, 2012. 

Currently registered individuals and 

entities possessing SARS-CoV, Lujo 

virus, or Chapare virus must meet all 

the requirements of this part by 

December 4, 2012. All previously 

unregistered individuals and entities 

possessing SARS-CoV, Lujo virus, or 

Chapare virus must meet all of the 

requirements of this part by April 3, 

2013 is corrected to read: ‘‘All 

individuals and entities that possess 

SARS-CoV, Lujo virus, or Chapare virus 

must provide notice to CDC regarding 

their possession of SARS-CoV, Lujo 

virus, or Chapare virus on or before 

December 4, 2012. Currently registered 

individuals and entities possessing 

SARS-CoV, Lujo virus, or Chapare virus 

must meet all the requirements of this 

part by December 4, 2012. All 

previously unregistered individuals and 

entities possessing SARS-CoV, Lujo 

virus, or Chapare virus must meet all of 

the requirements of this part by April 3, 

2013.’’ 

Dated: November 21, 2012. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2012–28784 Filed 12–3–12; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2012–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 


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