80 FR 45890 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Gasoline and Volatile Organic Compound Storage and Handling
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 148 (August 3, 2015)
Federal Register Volume 80, Issue 148 (August 3, 2015)
| Page Range | 45890-45893 | |
| FR Document | 2015-18828 |
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)] [Rules and Regulations] [Pages 45890-45893] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18828] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0854; FRL-9931-54-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Gasoline and Volatile Organic Compound Storage and Handling AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Maryland State Implementation Plan (SIP). The revision pertains to amendments to Code of Maryland Regulation (COMAR) 26.11.13, Control of Gasoline and Volatile Organic Compound Storage and Handling. The amendments consist of establishing an alternative and equivalent method of transfer of high pressure materials as well as changing incorrect references in regulations .04 and .05. EPA is [[Page 45891]] approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on October 2, 2015 without further notice, unless EPA receives adverse written comment by September 2, 2015. 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-2014-0854 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2014-0854, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed 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- 2014-0854. 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 Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On October 8, 2014, Maryland submitted a formal revision (#14-05) to its State Implementation Plan (SIP). The SIP revision consists of amendments to COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound Storage and Handling. The amendments consist of establishing an alternative and equivalent method of transfer of high pressure materials as well as changing incorrect references in regulations .04 and .05. II. Summary of SIP Revision COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound Storage and Handling, provides regulations that control the emissions of volatile organic compounds (VOCs) from the storage and handling of substances containing VOCs. The October 8, 2014 SIP submittal includes corrections to references found within sections .04 and .05 of COMAR 26.11.13. The corrected references add an update regarding the technical memorandum referenced in the sections. Maryland updated its citation to Test Methods and Equipment Specifications for Stationary Sources for both Sections .04 and .05 by adding a reference to an update to the memorandum. The reference now reads as Test Methods and Equipment Specifications for Stationary Sources [(]January 1991[)], as amended through Supplement 3 (October 1, 1997). Section .04 was amended to establish an alternative and equivalent method of transfer of high pressure materials. Section .04 sets requirements for loading/transfer operations of high pressure materials (defined as having a pressure which exceeds 1.5 pound per square inch absolute (psia)). Currently in the State of Maryland an industry standard is used for the transfer of gasoline and fuel grade ethanol products. The industry standard is referred to as a dry disconnect. Dry disconnects transfer high pressure materials and upon disconnection, they immediately close to prevent the release of VOCs or high pressure material. Currently, there is no industry standard for the loading/transfer of other high pressure materials outside of gasoline and fuel grade ethanol. Because there is a lack of industry standard for the transfer of other high pressure materials, this SIP revision provides amendments to establish alternative and equivalent compliance procedures for the transfer of other high pressure materials. The alternative compliance procedures include the use of an overhead loading rack that would transfer the high pressure materials from a railroad tank car to a tank truck or vice versa. This would also require the utilization of spill control equipment, such as spill pans, that would prevent the leak of high pressure material during post loading disconnection. In addition to this system one of the following measures must also be used: Walking the hose clear of material, using a pump to clean the line of material, or using an inert gas to clean the material from the hose. III. Final Action EPA is approving amendments to COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound Storage and Handling, which include establishing an alternative and equivalent method of transfer of high pressure materials as well as changing incorrect references in regulations .04 and .05. EPA is publishing this rule prior to proposal because EPA 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 October 2, 2015 without further notice unless EPA receives adverse comment by September 2, 2015. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal [[Page 45892]] 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. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of COMAR 26.11.13. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. 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, 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 October 2, 2015. 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 action. This action which approves changes to COMAR 26.11.13 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 20, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. In Sec. 52.1070, the table in paragraph (c) is amended by revising entries for ``26.11.13.04'' and ``26.11.13.05'' to read as follows: Sec. 52.1070 Identification of plan. * * * * * (c) * * * [[Page 45893]] EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland Sip ---------------------------------------------------------------------------------------------------------------- State Additional explanation/ Code of Maryland Administrative Title/subject effective EPA approval date citation at 40 CFR Regulations (COMAR) citation date 52.1100 ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling * * * * * * * 26.11.13.04..................... Loading Operations. 5/28/14 8/3/15, [Insert Addition of alternative Federal Register compliance procedure citation]. and administrative changes. 26.11.13.05..................... Gasoline Leaks from 5/28/14 8/3/15, [Insert Administrative changes. Tank Trucks. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-18828 Filed 7-31-15; 8:45 am] BILLING CODE 6560-50-P
![45890 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
Congress and to the Comptroller General published in the proposed rules section Subpart H—Connecticut
of the United States. Section 804, of this Federal Register, rather than file
however, exempts from section 801 the an immediate petition for judicial ■ 2. Section 52.370 is amended by
following types of rules: Rules of review of this direct final rule, so that adding paragraph (c)(109) to read as
particular applicability; rules relating to EPA can withdraw this direct final rule follows:
agency management or personnel; and and address the comment in the
§ 52.370 Identification of plan.
rules of agency organization, procedure, proposed rulemaking. This action may
or practice that do not substantially not be challenged later in proceedings to * * * * *
affect the rights or obligations of non- enforce its requirements. (See section (c) * * *
agency parties. 5 U.S.C. 804(3). Because 307(b)(2).) (109) Revisions to the State
this is a rule of particular applicability, Implementation Plan submitted by the
EPA is not required to submit a rule List of Subjects in 40 CFR Part 52 Connecticut Department of
report regarding this action under Environmental Protection on October
Environmental protection, Air
section 801. 31, 2012.
pollution control, Incorporation by
Under section 307(b)(1) of the Clean (i) Incorporation by reference.
reference, Intergovernmental relations,
Air Act, petitions for judicial review of Nitrogen dioxide, Ozone, Reporting and (A) Connecticut Trading Agreement
this action must be filed in the United and Order No. 8187, Modification 1
recordkeeping requirements.
States Court of Appeals for the issued to PSEG Power Connecticut LLC
appropriate circuit by October 2, 2015. Dated: April 29, 2015. on July 16, 2012.
Filing a petition for reconsideration by H. Curtis Spalding, (B) Connecticut Trading Agreement
the Administrator of this final rule does Regional Administrator, EPA New England. and Order No. 8242, Modification 1
not affect the finality of this action for issued to PSEG Power Connecticut LLC
the purposes of judicial review nor does Part 52 of chapter I, title 40 of the on July 16, 2012.
it extend the time within which a Code of Federal Regulations is amended
■ 3. In § 52.385, Table 52.385 is
petition for judicial review may be filed, as follows:
amended by adding new entries to an
and shall not postpone the effectiveness existing state citation for 22a–174–22 to
of such rule or action. Parties with PART 52—[AMENDED]
read as follows:
objections to this direct final rule are
encouraged to file a comment in ■ 1. The authority citation for part 52 § 52.385 EPA-approved Connecticut
response to the parallel notice of continues to read as follows: regulations.
proposed rulemaking for this action Authority: 42 U.S.C. 7401 et seq. * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut State Federal Register Section
Title/Subject Comments/Description
citation Date adopted Date approved citation 52.370
by State by EPA
* * * * * * *
22a–174–22 ......... Control of Nitro- 7/16/12 8/3/15 [Insert Federal (c)(109) .. Connecticut Trading Agreement and
gen Oxides Register page Order No. 8187, Modification 1.
emissions. number where
the document
begins].
22a–174–22 ......... Control of Nitro- 7/16/12 8/3/15 [Insert Federal (c)(109) .. Connecticut Trading Agreement and
gen Oxides Register page Order No. 8242, Modification 1.
emissions. number where
the document
begins].
* * * * * * *
[FR Doc. 2015–18872 Filed 7–31–15; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Direct final rule.
BILLING CODE 6560–50–P AGENCY
SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is taking direct final
action to approve a revision to the
Maryland State Implementation Plan
[EPA–R03–OAR–2014–0854; FRL–9931–54–
Region 3] (SIP). The revision pertains to
amendments to Code of Maryland
Approval and Promulgation of Air Regulation (COMAR) 26.11.13, Control
mstockstill on DSK4VPTVN1PROD with RULES
Quality Implementation Plans; of Gasoline and Volatile Organic
Maryland; Amendments to the Control Compound Storage and Handling. The
of Gasoline and Volatile Organic amendments consist of establishing an
Compound Storage and Handling alternative and equivalent method of
transfer of high pressure materials as
AGENCY: Environmental Protection well as changing incorrect references in
Agency (EPA). regulations .04 and .05. EPA is
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![Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 45891
approving this revision in accordance comment. Electronic files should avoid Supplement 3 (October 1, 1997). Section
with the requirements of the Clean Air the use of special characters, any form .04 was amended to establish an
Act (CAA). of encryption, and be free of any defects alternative and equivalent method of
DATES: This rule is effective on October or viruses. transfer of high pressure materials.
2, 2015 without further notice, unless Docket: All documents in the Section .04 sets requirements for
EPA receives adverse written comment electronic docket are listed in the loading/transfer operations of high
by September 2, 2015. If EPA receives www.regulations.gov index. Although pressure materials (defined as having a
such comments, it will publish a timely listed in the index, some information is pressure which exceeds 1.5 pound per
withdrawal of the direct final rule in the not publicly available, i.e., CBI or other square inch absolute (psia)). Currently
Federal Register and inform the public information whose disclosure is in the State of Maryland an industry
that the rule will not take effect. restricted by statute. Certain other standard is used for the transfer of
material, such as copyrighted material, gasoline and fuel grade ethanol
ADDRESSES: Submit your comments,
is not placed on the Internet and will be products. The industry standard is
identified by Docket ID Number EPA–
publicly available only in hard copy referred to as a dry disconnect. Dry
R03–OAR–2014–0854 by one of the disconnects transfer high pressure
following methods: form. Publicly available docket
materials are available either materials and upon disconnection, they
A. www.regulations.gov. Follow the
electronically in www.regulations.gov or immediately close to prevent the release
on-line instructions for submitting of VOCs or high pressure material.
comments. in hard copy during normal business
hours at the Air Protection Division, Currently, there is no industry standard
B. Email: fernandez.cristina@epa.gov.
U.S. Environmental Protection Agency, for the loading/transfer of other high
C. Mail: EPA–R03–OAR–2014–0854,
Region III, 1650 Arch Street, pressure materials outside of gasoline
Cristina Fernandez, Associate Director,
Philadelphia, Pennsylvania 19103. and fuel grade ethanol. Because there is
Office of Air Program Planning,
Copies of the State submittal are a lack of industry standard for the
Mailcode 3AP30, U.S. Environmental transfer of other high pressure materials,
Protection Agency, Region III, 1650 available at the Maryland Department of
the Environment, 1800 Washington this SIP revision provides amendments
Arch Street, Philadelphia, Pennsylvania to establish alternative and equivalent
19103. Boulevard, Suite 705, Baltimore,
Maryland 21230. compliance procedures for the transfer
D. Hand Delivery: At the previously- of other high pressure materials.
listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT:
The alternative compliance
deliveries are only accepted during the Asrah Khadr, (215) 814–2071, or by procedures include the use of an
Docket’s normal hours of operation, and email at khadr.asrah@epa.gov. overhead loading rack that would
special arrangements should be made SUPPLEMENTARY INFORMATION: transfer the high pressure materials from
for deliveries of boxed information. a railroad tank car to a tank truck or vice
Instructions: Direct your comments to I. Background
versa. This would also require the
Docket ID No. EPA–R03–OAR–2014– On October 8, 2014, Maryland utilization of spill control equipment,
0854. EPA’s policy is that all comments submitted a formal revision (#14–05) to such as spill pans, that would prevent
received will be included in the public its State Implementation Plan (SIP). The the leak of high pressure material during
docket without change, and may be SIP revision consists of amendments to post loading disconnection. In addition
made available online at COMAR 26.11.13, Control of Gasoline to this system one of the following
www.regulations.gov, including any and Volatile Organic Compound Storage measures must also be used: Walking
personal information provided, unless and Handling. The amendments consist the hose clear of material, using a pump
the comment includes information of establishing an alternative and to clean the line of material, or using an
claimed to be Confidential Business equivalent method of transfer of high inert gas to clean the material from the
Information (CBI) or other information pressure materials as well as changing hose.
whose disclosure is restricted by statute. incorrect references in regulations .04
Do not submit information that you and .05. III. Final Action
consider to be CBI, or otherwise EPA is approving amendments to
protected, through www.regulations.gov II. Summary of SIP Revision COMAR 26.11.13, Control of Gasoline
or email. The www.regulations.gov Web COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound Storage
site is an ‘‘anonymous access’’ system, and Volatile Organic Compound Storage and Handling, which include
which means EPA will not know your and Handling, provides regulations that establishing an alternative and
identity or contact information unless control the emissions of volatile organic equivalent method of transfer of high
you provide it in the body of your compounds (VOCs) from the storage and pressure materials as well as changing
comment. If you send an email handling of substances containing incorrect references in regulations .04
comment directly to EPA without going VOCs. The October 8, 2014 SIP and .05. EPA is publishing this rule
through www.regulations.gov, your submittal includes corrections to prior to proposal because EPA views
email address will be automatically references found within sections .04 and this as a noncontroversial amendment
captured and included as part of the .05 of COMAR 26.11.13. The corrected and anticipates no adverse comment.
comment that is placed in the public references add an update regarding the However, in the ‘‘Proposed Rules’’
docket and made available on the technical memorandum referenced in section of today’s Federal Register, EPA
Internet. If you submit an electronic the sections. Maryland updated its is publishing a separate document that
comment, EPA recommends that you citation to Test Methods and Equipment will serve as the proposal to approve the
mstockstill on DSK4VPTVN1PROD with RULES
include your name and other contact Specifications for Stationary Sources for SIP revision if adverse comments are
information in the body of your both Sections .04 and .05 by adding a filed. This rule will be effective on
comment and with any disk or CD–ROM reference to an update to the October 2, 2015 without further notice
you submit. If EPA cannot read your memorandum. The reference now reads unless EPA receives adverse comment
comment due to technical difficulties as Test Methods and Equipment by September 2, 2015. If EPA receives
and cannot contact you for clarification, Specifications for Stationary Sources adverse comment, EPA will publish a
EPA may not be able to consider your [(]January 1991[)], as amended through timely withdrawal in the Federal
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![Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 45893
EPA–APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Ad- State Additional explanation/
ministrative Regulations Title/subject effective EPA approval date citation at 40 CFR 52.1100
(COMAR) citation date
* * * * * * *
26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
* * * * * * *
26.11.13.04 .................... Loading Operations ...... 5/28/14 8/3/15, [Insert Federal Addition of alternative compliance procedure and
Register citation]. administrative changes.
26.11.13.05 .................... Gasoline Leaks from 5/28/14 8/3/15, [Insert Federal Administrative changes.
Tank Trucks. Register citation].
* * * * * * *
* * * * * notice was published in the Federal substantial number of small entities
[FR Doc. 2015–18828 Filed 7–31–15; 8:45 am] Register on May 14, 2015, 80 FR 27700. under the Regulatory Flexibility Act (5
BILLING CODE 6560–50–P Comments were invited on the Indian U.S.C. 601, et seq.). This rule does not
Arts and Crafts Board system of records impose a requirement for small
notice and the notice of proposed businesses to report or keep records on
DEPARTMENT OF THE INTERIOR rulemaking. DOI received no comments any of the requirements contained in
on the published system of records this rule. The exemptions to the Privacy
Office of the Secretary notice and one general comment on the Act apply to individuals, and
notice of proposed rulemaking that individuals are not covered entities
43 CFR Part 2 required no revisions, and will therefore under the Regulatory Flexibility Act.
implement the rulemaking as proposed.
RIN 1090–AB10 3. Small Business Regulatory
Procedural Requirements Enforcement Fairness Act (SBREFA)
[156D0102DM/DS10700000/
DMSN00000.000000/DX.10701.CEN00000] 1. Regulatory Planning and Review (E.O. This rule is not a major rule under 5
12866) U.S.C. 804(2), the Small Business
Privacy Act Regulations; Exemption Regulatory Enforcement Fairness Act.
for the Indian Arts and Crafts Board The Office of Management and Budget
(OMB) has determined that this rule is This rule:
AGENCY: Office of the Secretary, Interior. not a significant rule and has not (a) Does not have an annual effect on
reviewed it under the requirements of the economy of $100 million or more.
ACTION: Final rule.
Executive Order 12866. We have (b) Will not cause a major increase in
SUMMARY: The Department of the evaluated the impacts of the rule as costs or prices for consumers,
Interior is issuing a final rule to amend required by E.O. 12866 and have individual industries, Federal, State, or
its regulations to exempt certain records determined that it does not meet the local government agencies, or
in the Indian Arts and Crafts Board criteria for a significant regulatory geographic regions.
system of records from one or more action. The results of our evaluation are (c) Does not have significant adverse
provisions of the Privacy Act because of given below. effects on competition, employment,
criminal, civil, and administrative law (a) This rule will not have an annual investment, productivity, innovation, or
enforcement requirements. effect of $100 million or more on the the ability of United States-based
economy. It will not adversely affect in enterprises to compete with foreign-
DATES: This final rule is effective
a material way the economy, based enterprises.
September 2, 2015.
productivity, competition, jobs, the 4. Unfunded Mandates Reform Act
FOR FURTHER INFORMATION CONTACT: Teri
environment, public health or safety, or
Barnett, Departmental Privacy Officer, This rule does not impose an
State, local or tribal governments or
U.S. Department of the Interior, 1849 C unfunded mandate on State, local, or
communities.
Street NW., Mail Stop 5547 MIB, tribal governments in the aggregate, or
(b) This rule would not create a
Washington, DC 20240. Email at on the private sector, of more than $100
serious inconsistency or otherwise
Privacy@ios.doi.gov. million per year. The rule does not have
interfere with an action taken or
SUPPLEMENTARY INFORMATION: planned by another agency. a significant or unique effect on State,
(c) This rule does not alter the local, or tribal governments or the
Background
budgetary effects of entitlements, grants, private sector. This rule makes only
The Department of the Interior (DOI) user fees, concessions, loan programs, minor changes to 43 CFR part 2. A
published a notice of proposed water contracts, management statement containing the information
rulemaking in the Federal Register on agreements, or the rights and obligations required by the Unfunded Mandates
May 14, 2015, 80 FR 27623, proposing of their recipients. Reform Act (2 U.S.C. 1531 et seq.) is not
mstockstill on DSK4VPTVN1PROD with RULES
to exempt certain records in the Indian (d) This rule does not raise any novel required.
Arts and Crafts Board system of records legal or policy issues.
in accordance with 5 U.S.C. 552a(k)(2) 5. Takings (E.O. 12630)
of the Privacy Act because of criminal, 2. Regulatory Flexibility Act In accordance with Executive Order
civil, and administrative law The Department of the Interior 12630, the rule does not have significant
enforcement requirements. The Indian certifies that this document will not takings implications. This rule makes
Arts and Crafts Board system of records have a significant economic effect on a only minor changes to 43 CFR part 2. A
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Document Created: 2018-02-23 10:51:34
Document Modified: 2018-02-23 10:51:34
| 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 | Direct final rule. | |
| Dates | This rule is effective on October 2, 2015 without further notice, unless EPA receives adverse written comment by September 2, 2015. 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. | |
| Contact | Asrah Khadr, (215) 814-2071, or by email at [email protected] | |
| FR Citation | 80 FR 45890 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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