80 FR 26463 - Partial Withdrawal of Technical Amendments Related to: Tier 3 Motor Vehicle Fuel and Quality Assurance Plan Provisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 89 (May 8, 2015)

Page Range		26463-26464
FR Document		2015-10487

Because EPA received adverse comment on certain elements of the Tier 3 Amendments direct final rule published on February 19, 2015, we are withdrawing those elements of the direct final rule. EPA intends to consider the comments received and proceed with a new final rule for the withdrawn elements. The remaining elements will go into effect pursuant to the direct final rule.

Federal Register, Volume 80 Issue 89 (Friday, May 8, 2015)

[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26463-26464]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2011-0135; FRL-9927-17-OAR]
RIN 2060-AS36


Partial Withdrawal of Technical Amendments Related to: Tier 3 
Motor Vehicle Fuel and Quality Assurance Plan Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: Because EPA received adverse comment on certain elements of 
the Tier 3 Amendments direct final rule published on February 19, 2015, 
we are withdrawing those elements of the direct final rule. EPA intends 
to consider the comments received and proceed with a new final rule for 
the withdrawn elements. The remaining elements will go into effect 
pursuant to the direct final rule.

DATES: Effective May 5, 2015, EPA withdraws the amendments to 40 CFR 
80.1453, 80.1616, and 80.1621 published at 80 FR 9078 on February 19, 
2015.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of 
Transportation and Air Quality, Assessment and Standards Division, 2000 
Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: 734-214-
4131; email address: [email protected].

SUPPLEMENTARY INFORMATION: We stated in the Tier 3 Technical Amendments 
direct final rule published on February 19, 2015 (80 FR 9078) that if 
we received adverse comment by April 6, 2015, as to any part of the 
direct final rule, those parts would be withdrawn by publishing a 
timely notice in the Federal Register. Because EPA received adverse 
comment, we are withdrawing the amendments that were the subject of 
these adverse comments and they will not take effect. Three specific 
provisions are being withdrawn, as described below.
    First, 40 CFR 80.1453: In the Renewable Fuel Standard (RFS) Quality 
Assurance Program (QAP) Rule (79 FR 42078, July 18, 2014), EPA added 
additional product transfer document (PTD) requirements for renewable 
fuels that informed parties that took ownership of the renewable fuel 
that they would need to (a) use the fuel as it was intended, i.e., for 
transportation use; and, (b) incur a renewable volume obligation (RVO) 
if the fuel was exported. Shortly after publication of the QAP final 
rule, we received questions on whether these PTD requirements would 
apply downstream to the end users, including residential heating oil 
owners and people filling up their fuel tanks at fuel retail stations. 
EPA provides downstream end user exemptions to the PTD requirements in 
other fuels programs, and the direct final rule included similar 
exemptions for RFS PTD requirements. The words ``or custody'' were 
inadvertently added to the RFS PTD requirements and we received several 
comments pointing out that applying the PTD requirements to the 
transfer of custody of renewable fuels would be costly to industry and 
not beneficial to the RFS program. In this action we are withdrawing 
all of the changes to 40 CFR 80.1453.
    Second, 40 CFR 80.1616: The direct final rule included some 
clarifying language for when credits expire and are reported. We 
received a comment advocating for small refiners and small volume 
refineries to be allowed to use credits past January 1, 2020--to 
effectively receive a small refiner- and small volume refinery-specific 
period of lead time before these parties must comply with the Tier 3 
sulfur standards. Although it is not clear whether this comment is 
germane to the provisions of the direct final rule, in light of the 
short time frame for withdrawal of the direct final rule, we have 
decided to treat this as an adverse comment on the amended rulemaking 
provisions and we therefore are withdrawing the proposed changes to 40 
CFR 80.1616.
    Third, 40 CFR 80.1621: Following publication of the Tier 3 Final 
Rule (79 FR 23414, April 28, 2014) we were contacted by some refiners 
to clarify if/when small volume refineries could be disqualified, 
because there was language inadvertently deleted from the regulatory 
text as part of the Tier 3 final rule. In re-inserting this text in the 
direct final rule, we clarified that small volume refinery 
disqualification was akin to small refiner disqualification. We 
received adverse comment raising the issue that the new wording is 
confusing because it does not explicitly state exactly when and under 
which circumstances that disqualification could occur, and also that 
the term ``small refinery'' was used instead of the correct term 
``small volume refinery''. In this action we are withdrawing all 
changes to 40 CFR 80.1621.
    EPA published a parallel proposed rule on the same day as the 
direct final rule. The proposed rule invited comment on the substance 
of the direct final rule. EPA intends to consider the comments received 
and proceed with a new final rule. As stated in the parallel proposal, 
EPA does not plan to institute a second comment period for the proposed 
action with respect to the provisions that are withdrawn by this 
notice.
    The amendments for which we did not receive adverse comment are not 
being withdrawn and will become

[[Page 26464]]

effective on May 5, 2015, as provided in the February 19, 2015 direct 
final rule.
    Accordingly, the amendments to 40 CFR 80.1453, 80.1616 and 80.1621 
on February 19, 2015 (80 FR 9078), are withdrawn as of May 5, 2015.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Diesel fuel, 
Fuel additives, Gasoline, Imports, Incorporation by reference, 
Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and 
recordkeeping requirements.

    Dated: April 30, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-10487 Filed 5-6-15; 4:15 pm]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations 26463

Applicable State submittal
Name of non-regulatory SIP revision EPA approval date Additional explanation
geographic area date

* * * * * * *
Section 110(a)(2) Infrastructure Re- Statewide .......... 7/15/14 5/8/15 [Insert Federal This rulemaking action addresses the
quirements for the 2010 NO2 Register citation]. following CAA elements:
NAAQS. 110(a)(2)(A), (B), (C), (D)(i)(II) (pre-
vention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).
Section 110(a)(2) Infrastructure Re- Statewide .......... 7/15/14 5/8/15 [Insert Federal This rulemaking action addresses the
quirements for the 2012 PM2.5 Register citation]. following CAA elements:
NAAQS. 110(a)(2)(A), (B), (C), (D)(i)(II) (pre-
vention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).

* * * * * 19, 2015 (80 FR 9078) that if we credits past January 1, 2020—to
[FR Doc. 2015–11033 Filed 5–7–15; 8:45 am] received adverse comment by April 6, effectively receive a small refiner- and
BILLING CODE 6560–50–P 2015, as to any part of the direct final small volume refinery-specific period of
rule, those parts would be withdrawn by lead time before these parties must
publishing a timely notice in the comply with the Tier 3 sulfur standards.
ENVIRONMENTAL PROTECTION Federal Register. Because EPA received Although it is not clear whether this
AGENCY adverse comment, we are withdrawing comment is germane to the provisions of
the amendments that were the subject of the direct final rule, in light of the short
40 CFR Part 80 these adverse comments and they will time frame for withdrawal of the direct
[EPA–HQ–OAR–2011–0135; FRL–9927–17– not take effect. Three specific provisions final rule, we have decided to treat this
OAR] are being withdrawn, as described as an adverse comment on the amended
below. rulemaking provisions and we therefore
RIN 2060–AS36 First, 40 CFR 80.1453: In the are withdrawing the proposed changes
Partial Withdrawal of Technical Renewable Fuel Standard (RFS) Quality to 40 CFR 80.1616.
Amendments Related to: Tier 3 Motor Assurance Program (QAP) Rule (79 FR Third, 40 CFR 80.1621: Following
Vehicle Fuel and Quality Assurance 42078, July 18, 2014), EPA added publication of the Tier 3 Final Rule (79
Plan Provisions additional product transfer document FR 23414, April 28, 2014) we were
(PTD) requirements for renewable fuels contacted by some refiners to clarify if/
AGENCY: Environmental Protection that informed parties that took when small volume refineries could be
Agency (EPA). ownership of the renewable fuel that disqualified, because there was language
ACTION: Partial withdrawal of direct they would need to (a) use the fuel as inadvertently deleted from the
final rule. it was intended, i.e., for transportation regulatory text as part of the Tier 3 final
use; and, (b) incur a renewable volume rule. In re-inserting this text in the
SUMMARY: Because EPA received obligation (RVO) if the fuel was direct final rule, we clarified that small
adverse comment on certain elements of exported. Shortly after publication of volume refinery disqualification was
the Tier 3 Amendments direct final rule the QAP final rule, we received akin to small refiner disqualification.
published on February 19, 2015, we are questions on whether these PTD We received adverse comment raising
withdrawing those elements of the requirements would apply downstream the issue that the new wording is
direct final rule. EPA intends to to the end users, including residential confusing because it does not explicitly
consider the comments received and heating oil owners and people filling up state exactly when and under which
proceed with a new final rule for the their fuel tanks at fuel retail stations. circumstances that disqualification
withdrawn elements. The remaining EPA provides downstream end user could occur, and also that the term
elements will go into effect pursuant to exemptions to the PTD requirements in ‘‘small refinery’’ was used instead of the
the direct final rule. other fuels programs, and the direct correct term ‘‘small volume refinery’’. In
DATES: Effective May 5, 2015, EPA final rule included similar exemptions this action we are withdrawing all
withdraws the amendments to 40 CFR for RFS PTD requirements. The words changes to 40 CFR 80.1621.
80.1453, 80.1616, and 80.1621 ‘‘or custody’’ were inadvertently added EPA published a parallel proposed
published at 80 FR 9078 on February 19, to the RFS PTD requirements and we rule on the same day as the direct final
2015. received several comments pointing out rule. The proposed rule invited
that applying the PTD requirements to comment on the substance of the direct
FOR FURTHER INFORMATION CONTACT: Julia
the transfer of custody of renewable final rule. EPA intends to consider the
MacAllister, Office of Transportation
fuels would be costly to industry and comments received and proceed with a
and Air Quality, Assessment and
not beneficial to the RFS program. In new final rule. As stated in the parallel
Standards Division, 2000 Traverwood
asabaliauskas on DSK5VPTVN1PROD with RULES

this action we are withdrawing all of the proposal, EPA does not plan to institute
Drive, Ann Arbor, Michigan 48105;
changes to 40 CFR 80.1453. a second comment period for the
telephone number: 734–214–4131; Second, 40 CFR 80.1616: The direct proposed action with respect to the
email address: MacAllister.Julia@ final rule included some clarifying provisions that are withdrawn by this
epa.gov. language for when credits expire and are notice.
SUPPLEMENTARY INFORMATION: We stated reported. We received a comment The amendments for which we did
in the Tier 3 Technical Amendments advocating for small refiners and small not receive adverse comment are not
direct final rule published on February volume refineries to be allowed to use being withdrawn and will become

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26464 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations

effective on May 5, 2015, as provided in requires the Organ Procurement operation of the OPTN (sometimes
the February 19, 2015 direct final rule. Transplantation Network (OPTN) to referred to as the ‘‘OPTN final rule’’ and
Accordingly, the amendments to 40 adopt and use standards for preventing herein referred to as ‘‘OPTN
CFR 80.1453, 80.1616 and 80.1621 on the acquisition of organs from regulations’’) (42 CFR part 121). The
February 19, 2015 (80 FR 9078), are individuals known to be infected with OPTN is also charged with developing
withdrawn as of May 5, 2015. human immunodeficiency virus (HIV). policies on many subjects, including
In its place, this regulation includes standards of quality pertaining to organs
List of Subjects in 40 CFR Part 80 new requirements that organs from procured for use in transplantation. In
Environmental protection, individuals infected with HIV may be addition to the efficient and effective
Administrative practice and procedure, transplanted only into individuals who allocation of donor organs through the
Air pollution control, Confidential are infected with HIV before receiving OPTN, the Secretary also supports
business information, Diesel fuel, Fuel such organs and who are participating efforts to increase the supply of donor
additives, Gasoline, Imports, in clinical research approved by an organs made available through
Incorporation by reference, Labeling, institutional review board, as provided transplantation.
Motor vehicle pollution, Penalties, by regulation. The only exception to this II. Summary of the HOPE Act
Petroleum, Reporting and recordkeeping requirement of participation in such
requirements. clinical research is if the Secretary Prior to the enactment of the HOPE
publishes a determination in the future Act, Public Law 113–51 (November 21,
Dated: April 30, 2015.
that participation in such clinical 2013), NOTA required the OPTN to
Gina McCarthy, adopt and use standards of quality for
research, as a requirement for
Administrator. preventing the acquisition of organs
transplants of organs from individuals
[FR Doc. 2015–10487 Filed 5–6–15; 4:15 pm]
infected with HIV, is no longer from individuals known to be infected
BILLING CODE 6560–50–P
warranted. with HIV. This requirement was further
In addition, this regulatory change incorporated into regulation at 42 CFR
establishes that OPTN standards must 121.6(b). Thus, OPTN members were
DEPARTMENT OF HEALTH AND ensure that any HIV-infected transplant prohibited from transplanting organs
HUMAN SERVICES recipients are participating in clinical from individuals known to be infected
research in accordance with the with HIV into patients (including
Public Health Service research criteria to be published by the patients infected with HIV).
Secretary. Alternately, if and when the The HOPE Act made an important
42 CFR Part 86 Secretary determines that participation change with respect to the
in such clinical research should no transplantation of organs from
Grants for Education Programs in individuals infected with HIV. Pursuant
Occupational Safety and Health longer be a requirement for transplants
to the HOPE Act, organs from
with organs from donors infected with
individuals infected with HIV may be
CFR Correction HIV to individuals infected with HIV,
transplanted so long as two sets of
the regulation mandates that the OPTN
■ In Title 42 of the Code of Federal requirements are satisfied. First, organs
adopt and use standards of quality, as
Regulations, Parts 1 to 399, revised as of from individuals infected with HIV may
directed by the Secretary, consistent
October 1, 2014, on page 668, in § 86.33, be transplanted only into individuals
with the law and in a way that ensures
in paragraph (b), remove the term who were infected with HIV prior to
the changes will not reduce the safety of
‘‘068’’. receiving such an organ.
organ transplantation. Second, transplants from individuals
[FR Doc. 2015–11141 Filed 5–7–15; 8:45 am]
DATES: This final rule is effective June infected with HIV are subject to one of
BILLING CODE 1505–01–D 8, 2015. two oversight frameworks. Specifically,
FOR FURTHER INFORMATION CONTACT: under the initial framework envisioned
DEPARTMENT OF HEALTH AND Robert W. Walsh, Director, Division of by the HOPE Act, all recipients of
HUMAN SERVICES Transplantation, Healthcare Systems organs from individuals infected with
Bureau, Health Resources and Services HIV must be participating in clinical
42 CFR Part 121 Administration, 5600 Fishers Lane, research approved by an institutional
Room 8W37, Rockville, MD 20857; or by review board under research criteria to
RIN 0906–AB05 telephone (301) 443–7577. be published by the Secretary as
SUPPLEMENTARY INFORMATION: described in the HOPE Act and the
Organ Procurement and
standards of quality implemented by the
Transplantation: Implementation of the I. Background OPTN pursuant to the HOPE Act. Based
HIV Organ Policy Equity Act
The U.S. Department of Health and on this change, all transplant centers
AGENCY: Health Resources and Services Human Services (HHS), Health conducting such clinical research will
Administration (HRSA), Department of Resources and Services be required to comply with research
Health and Human Services (HHS). Administration’s (HRSA), Healthcare criteria published by the Secretary
ACTION: Final rule. Systems Bureau (HSB), Division of under subsection (a) of section 377E of
Transplantation (DoT) is responsible for the Public Health Service Act, as
SUMMARY: This final rule amends the overseeing the operation of the nation’s amended. Alternately, if the Secretary
asabaliauskas on DSK5VPTVN1PROD with RULES

regulations implementing the National Organ Procurement and Transplantation determines that participation in such
Organ Transplant Act of 1984, as Network (OPTN), which has clinical research is no longer warranted
amended, (NOTA) pursuant to statutory responsibilities including the equitable as a requirement for transplants of
requirements of the HIV Organ Policy allocation of donor organs for organs from individuals infected with
Equity Act (HOPE Act), enacted in 2013. transplantation. The allocation of organs HIV, the Secretary will publish such a
In accordance with the mandates of the is guided by organ allocation policies determination. The Secretary must then,
HOPE Act, this regulation removes the developed by the OPTN in accordance consistent with the HOPE Act, direct the
current regulatory provision that with the regulations governing the OPTN to revise its standards, consistent

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Document Created: 2018-02-21 10:24:06
Document Modified: 2018-02-21 10:24:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Partial withdrawal of direct final rule.
Dates		Effective May 5, 2015, EPA withdraws the amendments to 40 CFR 80.1453, 80.1616, and 80.1621 published at 80 FR 9078 on February 19, 2015.
Contact		Julia MacAllister, Office of Transportation and Air Quality, Assessment and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: 734-214-
FR Citation		80 FR 26463
RIN Number		2060-AS36
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Confidential Business Information; Diesel Fuel; Fuel Additives; Gasoline; Imports; Incorporation by Reference; Labeling; Motor Vehicle Pollution; Penalties; Petroleum and Reporting and Recordkeeping Requirements