Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 44929 

the six combinations played) at the dog 

racetrack and receives a single ticket 

reflecting the bet from the cashier. B wins 

$5,040 from one of the selected 

combinations. Pursuant to the rule in 

paragraph (c)(1)(ii) of this section, the 

amount of the wager is $120, not $20 for the 

single winning combination of the six 

combinations played. The payment is not 

subject to withholding under section 3402(q) 

because the proceeds from the wager are 

$4,920 ($5,040 ¥ $120), which is below the 

section 3402(q) withholding threshold. 

Example 13. B makes two $12 Pick 6 bets 

at the horse racetrack at two different cashier 

windows and receives two different tickets 

each representing a single $12 Pick 6 bet. In 

his two Pick 6 bets, B selects the same horses 

to win races 1–5 but selects different horses 

to win race 6. All Pick 6 bets on those races 

at that racetrack are part of a single 

parimutuel pool from which Pick 6 winning 

bets are paid. B wins $5,020 from one of his 

Pick 6 bets. Pursuant to the rule in paragraph 

(c)(1)(ii) of this section, the bets are not 

aggregated for purposes of determining the 

amount of the wager because the bets are 

reflected on separate tickets. Assuming that 

the applicable rate is 25%, the racetrack must 

deduct and withhold $1,252 (($5,020 ¥ $12) 

× 25%) because the amount of the proceeds 

of $5,008 ($5,020 ¥ $12) is greater than 

$5,000 and is at least 300 times as great as 

the amount wagered ($12 × 300 = $3,600). 

The racetrack also must report B’s winnings 

on Form W–2G pursuant to paragraph (e) of 

this section and furnish a copy of the Form 

W–2G to B. 

Example 14. C makes two $50 bets in two 

different parimutuel pools for the same jai 

alai game. One bet is an ‘‘exacta’’ in which 

C bets on player M to win and player N to 

‘‘place.’’ The other bet is a ‘‘trifecta’’ in 

which C bets on player M to win, player N 

to ‘‘place,’’ and player O to ‘‘show.’’ C wins 

both bets and is paid $2,000 with respect to 

the bet in the ‘‘exacta’’ pool and $3,100 with 

respect to the bet in the ‘‘trifecta’’ pool. 

Under paragraph (c)(1)(iii)(A) of this section, 

the bets are not identical bets. Under 

paragraph (c)(1)(ii) of this section, the bets 

are not aggregated for purposes of 

determining the amount of the wager for 

either payment because they are not wagers 

in the same parimutuel pool. No section 

3402(q) withholding is required on either 

payment because neither payment separately 

exceeds the $5,000 withholding threshold. 

Example 15. C makes two $100 bets for the 

same dog to win a particular race. C places 

one bet at the racetrack and one bet at an offtrack betting establishment, but the two pools 

constitute a single pool. C receives separate 

tickets for each bet. C wins both bets and is 

paid $4,000 from the racetrack and $4,000 

from the off-track betting establishment. 

Under paragraph (c)(1)(ii) of this section, the 

bets are not aggregated for purposes of 

determining the amount of the wager because 

the wager placed at the racetrack and the 

wager placed at the off-track betting 

establishment are reflected on separate 

tickets, despite being placed in the same 

parimutuel pool. No section 3402(q) 

withholding is required because neither 

payment separately exceeds the $5,000 

withholding threshold. 

Example 16. C places a $200 Pick 6 bet for 

a series of races at the racetrack on a 

particular day and receives a single ticket for 

the bet. No wager correctly picks all six races 

that day, so that portion of the pool carries 

over to the following day. On the following 

day, C places an additional $200 Pick 6 bet 

for that day’s series of races and receives a 

new ticket for that bet. C wins $100,000 on 

the second day. Pursuant to the rule in 

paragraph (c)(1)(ii) of this section, the bets 

are on two separate tickets, so C’s two Pick 

6 bets are not aggregated for purposes of 

determining the amount of the wager. 

Assuming that the applicable rate is 25%, the 

racetrack must deduct and withhold $24,950 

(($100,000 ¥ $200) × 25%) because the 

amount of the proceeds of $99,800 ($100,000 

¥ $200) is greater than $5,000, and is at least 

300 times as great as the amount wagered 

($200 × 300 = $60,000). The racetrack also 

must report C’s winnings on Form W–2G 

pursuant to paragraph (e) of this section and 

furnish a copy of the Form W–2G to C. 

(g) Applicability date. The rules in 

this section apply to payments made 

with respect to a winning event that 

occurs after November 13, 2017. For 

rules that apply to payments made with 

respect to a winning event on or before 

that date, see § 31.3402(q)–1 as 

contained in 26 CFR part 31, revised 

April 1, 2017. 

■ Par. 3. Section 31.3406–0 is amended 

by adding an entry for paragraph (h) to 

§ 31.3406(g)–2 to read as follows: 

§ 31.3406–0 Outline of the backup 

withholding regulations. 

* * * * * 

§ 31.3406(g)–2 Exception for reportable 

payments for which backup withholding is 

otherwise required. 

* * * * * 

(h) Applicability date. 

* * * * * 

■ Par. 4. Section 31.3406(g)–2 is 

amended by revising paragraphs (d)(2) 

and (3) and adding paragraph (h) to read 

as follows: 

§ 31.3406(g)–2 Exception for reportable 

payment for which withholding is otherwise 

required. 

* * * * * 

(d) * * * 

(2) Definition of a reportable gambling 

winning and determination of amount 

subject to backup withholding. For 

purposes of withholding under section 

3406, a reportable gambling winning is 

any gambling winning subject to 

information reporting under section 

6041. A gambling winning (other than a 

winning from bingo, keno, or slot 

machines) is a reportable gambling 

winning only if the amount paid with 

respect to the wager is $600 or more and 

if the proceeds are at least 300 times as 

large as the amount wagered. See 

§ 1.6041–10 of this chapter to determine 

whether a winning from bingo, keno, or 

slot machines is a reportable gambling 

winning and thus subject to 

withholding under section 3406. The 

amount of a reportable gambling 

winning is— 

(i) The amount paid with respect to 

the amount of the wager reduced, at the 

option of the payer; by 

(ii) The amount of the wager. 

(3) Special rules. For special rules for 

determining the amount of the wager in 

a wagering transaction with respect to 

horse racing, dog racing, and jai alai, or 

amounts paid with respect to identical 

wagers, see § 31.3402(q)–1(c). 

* * * * * 

(h) Applicability date. The rules apply 

to reportable gambling winnings paid 

with respect to a winning event that 

occurs after November 13, 2017. For 

rules that apply to payments made with 

respect to a winning event on or before 

that date, see § 31.3406(g)–2 as 

contained in 26 CFR part 31, revised 

April 1, 2017. 

Kirsten Wielobob, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: August 21, 2017. 

David J. Kautter, 

Assistant Secretary for Tax Policy. 

[FR Doc. 2017–20720 Filed 9–25–17; 4:15 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2016–1041] 

RIN 1625–AA08 

Special Local Regulation; Fautasi 

Ocean Challenge Canoe Race, Pago 

Pago Harbor, American Samoa 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent special local 

regulation for the Fautasi Ocean 

Challenge canoe races in Pago Pago 

Harbor, American Samoa. These annual 

events historically occur four separate 

weekend or holiday days each year. The 

annual dates include one day in April 

and three separate days between 

Veteran’s Day and the Thanksgiving 

holiday weekend. Each of the four days, 

canoe races are held between 7 a.m. to 

4 p.m. This action is necessary to 

safeguard the participants and 


asabaliauskas on DSKBBXCHB2PROD with RULES
44930 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 

spectators, including all crews, vessels, 

and persons on the water in Pago Pago 

Harbor during the event. This regulation 

will functionally close the port to vessel 

traffic during the race, but will not 

require the evacuation of any vessels 

from the harbor. Entry into, transiting, 

or anchoring in the harbor would be 

prohibited to all vessels not registered 

with the sponsor as participants or not 

part of the race patrol, unless 

specifically authorized by the Captain of 

the Port (COTP) Honolulu or a 

designated representative. Vessels who 

are already moored or anchored in the 

harbor seeking permission to remain 

there shall request permission from the 

COTP unless deemed a spectator vessel 

that is moored to a waterfront facility 

within the regulated area. The area 

concerned for this permanent special 

local regulation is described below. 

DATES: This rule is effective October 27, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

1041 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander John 

Bannon, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu; telephone (808) 541–4359, 

email john.e.bannon@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On January 18, 2017, the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) in the Federal 

Register (82 FR 5480) entitled ‘‘Special 

Local Regulation; Pago Pago Harbor, 

American Samoa.’’ In the NPRM we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this canoe 

race event. During the comment period 

that ended February 17, 2017, we 

received no comments. 

This event will consist of a series of 

three single race days within Pago Pago 

Harbor each November and one race day 

in April. The event will include 50 

longboats with paddling crews of 30–50 

persons each. It is anticipated that a 

large number of spectator pleasure craft 

will be drawn to the event. Spectator 

vessels and commercial vessel traffic 

would pose a significant safety hazard 

to the longboats, longboat crew 

members, and other persons and vessels 

involved with the event due to the 

longboats limited maneuverability 

within the port. Traditionally, the event 

is held on Fridays, Saturdays, or holiday 

week days, pending when Veteran’s Day 

falls each year, and are dependent on 

local weather; both factors will dictate 

the event days each year. 

III. Legal Authority and Need for Rule 

The Captain of the Port, Honolulu 

(COTP), is establishing a permanent 

special local regulation to minimize 

vessel traffic in Pago Pago Harbor 

before, during, and after the scheduled 

event to safeguard persons and vessels 

during the longboat races. A regulated 

area is a water area, shore area, or water 

and shore area, for safety or 

environmental purposes, of which 

access is limited to authorized persons, 

vehicles, or vessels. The statutory basis 

for this rulemaking is 33 U.S.C. 1233, 

which gives the Coast Guard, under a 

delegation from the Secretary of the 

Department of Homeland Security, 

regulatory authority to enforce the Ports 

and Waterways Safety Act. 

The Captain of the Port Honolulu has 

determined that potential safety hazards 

exist to the longboats, longboat crew 

members, and other persons and vessels 

involved with the event due to the 

longboats limited maneuverability 

within the port and large amount of 

spectator vessels and commercial traffic 

drawn to the event. The purpose of this 

rule is to ensure safety of vessels and 

navigable waters in the safety zone 

before, during, and after the event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

January 18, 2017. However, after the 

NPRM period, Coast Guard was notified 

by the event sponsor that an additional 

event occurs on April 17 annually in 

celebration of American Samoa’s Flag 

Day. The Coast Guard is amending this 

regulation to include this event. 

This rule will create a permanent 

special local regulation in Pago Pago 

Harbor. The regulated area will close the 

harbor to all vessels not authorized by 

the COTP for entry into, transiting, or 

anchoring within the port for the 

duration of the event. The COTP will 

authorize registered participants, 

support vessels, and enforcement 

vessels to enter and remain in the area. 

No other vessels will be permitted to 

enter the regulated area without 

obtaining permission from the COTP or 

a designated representative. The harbor 

will remain closed until the Coast Guard 

issues an ‘‘All Clear’’ after races have 

concluded and the harbor is deemed 

safe for normal operations. This rule 

will not require any vessel already 

moored to evacuate the port, provided 

they are moored in such a way that they 

do not interfere with the event. 

The COTP will use all appropriate 

means to notify the public when the 

special local regulation in this rule will 

be enforced. Such means may include 

publication in the Federal Register a 

Notice of Enforcement, Broadcast Notice 

to Mariners, and Local Notice to 

Mariners. The regulatory text appears at 

the end of this document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the Special Local 

Regulation. Vessel traffic will be able to 

safety transit through the event with 

prior coordination and approval by the 

Coast Guard Captain of the Port, or 

designated representative. Furthermore, 

the annual events occur during times of 

the year when commercial vessel traffic 

is normally low. Moreover, The Coast 

Guard will issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the regulation. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 44931 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received zero 

comments from the Small Business 

Administration on this rulemaking. The 

Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit through the 

regulated area may be small entities, for 

the reasons stated in section V.A above, 

this rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969(42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary and limited safety zone in 

Pago Pago Harbor. It is categorically 

excluded from further review under 

paragraph 34(h) of Figure 2–1 of 

Commandant Instruction M16475.lD. It 

is categorically excluded from further 

review under paragraph 34(h) of Figure 

2–1 of the Commandant Instruction. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.1401 to read as follows: 

§ 100.1401 Special Local Regulation; 

Fautasi Ocean Challenge Canoe Race, Pago 

Pago Harbor, America Samoa. 

(a) Location. The following regulated 

area is established as a special local 

regulation: Breakers Point (eastern edge 

of Pago Pago Harbor entrance) thence 

southeast to 14°18′47′′ S., 170°38′54.5′′ 

W. thence southwest to 14°19′03′′ S., 

170° 39′14′′ W., thence northwest to 

Tulutulu Point and then following the 

coastline encompassing Pago Pago 

Harbor. This regulated area extends 

from the surface of the water to the 

ocean floor. 

(b) Effective period. These annual 

events occur on four separate dates to 

include: April 17; and three days to 

include Friday, Saturday or a holiday 

weekday, in November between the 

week of Veteran’s Day and the 

Thanksgiving weekend, lasting between 

7 a.m. to 4 p.m. each day. The Captain 

of the Port Honolulu will establish 

specific enforcement dates that will be 

announced in advance by Notice of 

Enforcement, Local Notice to Mariners, 

Broadcast Notice to Mariners, and prior 

event outreach, including local 

advertisement and on-scene designated 

representatives prior to and during the 

event. 

(c) Regulations. (1) All persons and 

vessels not registered with the sponsor 

as participants or support/enforcement 

vessels are considered spectators. The 

‘‘support/enforcement vessels’’ consist 

of any territory or local law enforcement 

vessels and sponsor-provided vessels 

assigned or approved by the Captain of 

the Port Honolulu to patrol the 

regulated area. 

(2) No spectator shall anchor, block, 

loiter or impede the transit of 

participants or support/enforcement 

vessels in the regulated area during the 

enforcement dates and times, unless 

cleared for entry by or through a 

support/enforcement vessel. 


asabaliauskas on DSKBBXCHB2PROD with RULES
44932 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 

1SIP revisions that are intended to meet the 

requirements of section 110(a) of the CAA are often 

referred to as infrastructure SIPs and the elements 

under 110(a) are referred to as infrastructure 

requirements. 

2On April 3, 2014 (79 FR 18644), EPA approved 

portions of Delaware’s March 27, 2013 submittal for 

(3) Spectator vessels may be moored 

to a waterfront facility within the 

regulated area in such a way that they 

shall not interfere with the progress of 

the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

remain moored through the duration of 

the event. 

(d) Informational broadcasts. The 

Captain of the Port Honolulu will 

establish enforcement dates and times 

with a Notice of Enforcement. If 

circumstances render enforcement of 

the regulated area unnecessary for the 

entirety of these periods, the Captain of 

the Port or his designated representative 

will inform the public through 

broadcast notices to mariners that the 

regulated area is no longer being 

enforced. The harbor will remain closed 

until the Coast Guard issues an ‘‘All 

Clear’’ for the harbor after the race has 

concluded and the harbor is deemed 

safe for normal operations. 

(e) Penalties. Vessels or persons 

violating this rule may be subject to the 

penalties set forth in 33 U.S.C. 1233. 

Dated: September 21, 2017. 

M.C. Long, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. 2017–20664 Filed 9–26–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0408; FRL–9968–20– 

Region 3] 

Air Plan Approval; Delaware; State 

Implementation Plan for Interstate 

Transport for the 2008 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a portion of a state 

implementation plan (SIP) revision 

submitted by the State of Delaware. The 

Clean Air Act’s (CAA) good neighbor 

provision requires EPA and states to 

address the interstate transport of air 

pollution that affects the ability of 

downwind states to attain and maintain 

the national ambient air quality 

standards (NAAQS). Specifically, the 

good neighbor provision requires each 

state in its SIP to prohibit emissions that 

will significantly contribute to 

nonattainment, or interfere with 

maintenance, of a NAAQS in a 

downwind state. Delaware has 

submitted a SIP revision that addresses 

the interstate transport requirements, 

among other things, for the 2008 ozone 

NAAQS. EPA has determined that 

Delaware’s SIP has adequate provisions 

to prohibit the state from significantly 

contributing to nonattainment, or 

interfering with maintenance, of the 

2008 ozone NAAQS in any other state. 

EPA is approving Delaware’s SIP 

revision submittal in regards to the good 

neighbor interstate transport provision 

in accordance with the requirements of 

the CAA. 

DATES: This rule is effective on 

December 26, 2017 without further 

notice, unless EPA receives adverse 

written comment by October 27, 2017. 

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 No. EPA–R03– 

OAR–2013–0408 at http://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

27, 2013, the State of Delaware through 

the Delaware Department of Natural 

Resources and Environmental Control 

(DNREC) submitted a revision to its SIP 

to satisfy the requirements of section 

110(a)(2), including 110(a)(2)(D)(i), of 

the CAA as it relates to the 2008 ozone 

NAAQS. 

I. Background 

On March 12, 2008, EPA revised the 

levels of the primary and secondary 

ozone standards from 0.08 parts per 

million (ppm) to 0.075 ppm (73 FR 

16436). The CAA requires states to 

submit, within three years after 

promulgation of a new or revised 

NAAQS, SIP revisions meeting the 

applicable elements of sections 110(a)(1) 

and (2).1 Several of these applicable 

elements are delineated within section 

110(a)(2)(D)(i) of the CAA. Section 

110(a)(2)(D)(i) generally requires SIPs to 

contain adequate provisions to prohibit 

in-state emissions activities from having 

certain adverse air quality effects on 

neighboring states due to interstate 

transport of air pollution. There are four 

prongs within section 110(a)(2)(D)(i) of 

the CAA; section 110(a)(2)(D)(i)(I) 

contains prongs 1 and 2, while section 

110(a)(2)(D)(i)(II) includes prongs 3 and 

4. This direct final action addresses the 

first two prongs, which are also 

collectively known as the good neighbor 

provision. According to the CAA’s good 

neighbor provision located within 

section 110(a)(2)(D)(i)(I), a state’s SIP 

must contain adequate provisions to 

prohibit any source or other type of 

emissions activity within the state from 

emitting air pollutants that ‘‘contribute 

significantly to nonattainment in, or 

interfere with maintenance by, any 

other state with respect to any such 

national primary or secondary ambient 

air quality standard.’’ Under section 

110(a)(2)(D)(i)(I) of the CAA, EPA gives 

independent significance to the matter 

of nonattainment (prong 1) and to that 

of maintenance (prong 2). 

II. Summary of SIP Revision 

On March 27, 2013, the State of 

Delaware through DNREC provided a 

SIP revision submittal to satisfy the 

requirements of section 110(a)(2) of the 

CAA for the 2008 ozone NAAQS. In this 

rulemaking action, EPA is approving 

one portion of Delaware’s March 27, 

2013 submittal—the portion addressing 

prongs 1 and 2 of section 

110(a)(2)(D)(i)(I) of the CAA. EPA 

previously acted on other portions of 

Delaware’s March 27, 2013 SIP 

submittal for the 2008 ozone NAAQS.2


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