80 FR 49193 - Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties, North Carolina
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 158 (August 17, 2015)
Federal Register Volume 80, Issue 158 (August 17, 2015)
| Page Range | 49193-49196 | |
| FR Document | 2015-20245 |
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)] [Proposed Rules] [Pages 49193-49196] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20245] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-OAR-2015-0208; FRL-9931-95-OAR] RIN 2060-AS64 Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties, North Carolina AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a request from the state of North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for Mecklenburg and Gaston counties, North Carolina. Specifically, the EPA is proposing to amend the regulations to allow the RVP standard for Mecklenburg and Gaston counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA has preliminarily determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA). DATES: Written comments must be received on or before September 16, 2015 unless a public hearing is requested by September 1, 2015. If the EPA receives such a request, we will publish information related to the timing and location of the hearing and a new deadline for public comment. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- OAR-2015-0208, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you [[Page 49194]] consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. If you need to include CBI as part of your comment, please visit http://www.epa.gov/dockets/comments.html for instructions. 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. The 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, 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: Patty Klavon, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan, 48105; telephone number: (734) 214-4476; fax number: (734) 214-4052; email address: [email protected]. SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in the following outline: I. General Information II. Public Participation III. Background and Proposal IV. Direct Final Rule V. Statutory and Executive Order Reviews VI. Legal Authority I. General Information A. This Proposed Rule Is Published Parallel to a Direct Final Rule In the ``Rules and Regulations'' section of this Federal Register, the EPA is making this revision as a direct final rule without prior proposal because the EPA views this revision as noncontroversial and anticipates no adverse comment. The rationale for this rulemaking is described both in this proposal and in the direct final rule. The regulatory text for this proposed rule is included in the direct final rule, and parties should review that rule for the regulatory text. If the EPA receives no adverse comment, the EPA will not take further action on this proposed rule. If the EPA receives adverse comment on this rule or any portion of this rule, the EPA will withdraw the direct final rule or the portion of the rule that received adverse comment. All public comments received will then be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this rulemaking. Any parties interested in commenting must do so at this time. B. Does this action apply to me? Entities potentially affected by this proposed rule are fuel producers and distributors who do business in North Carolina. ------------------------------------------------------------------------ NAICS \1\ Examples of potentially regulated entities codes ------------------------------------------------------------------------ Petroleum refineries......................................... 324110 Gasoline Marketers and Distributors.......................... 424710 424720 Gasoline Retail Stations..................................... 447110 Gasoline Transporters........................................ 484220 484230 ------------------------------------------------------------------------ \1\ North American Industry Classification System. The above table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. The table lists the types of entities of which the EPA is aware that potentially could be affected by this proposed rule. Other types of entities not listed on the table could also be affected. To determine whether your organization could be affected by this proposed rule, you should carefully examine the regulations in 40 CFR 80.27. If you have questions regarding the applicability of this action to a particular entity, call the person listed in the FOR FURTHER INFORMATION CONTACT section of this preamble. C. What is the agency's authority for taking this action? The statutory authority for this action is granted to the EPA by Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 7545(h) and 7601(a). II. Public Participation The EPA will not hold a public hearing on this matter unless a request is received by the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble by September 1, 2015. If the EPA receives such a request, we will publish information related to the timing and location of the hearing and a new deadline for public comment. III. Background and Proposal A. Summary of the Proposal The EPA is proposing to approve a request from the state of North Carolina to change the summertime RVP standard for Mecklenburg and Gaston counties, North Carolina from 7.8 psi to 9.0 psi by amending the EPA's regulations at 40 CFR 80.27(a)(2). In a previous rulemaking, the EPA approved a redesignation request and maintenance plan for the Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area (``the Charlotte area'') and a CAA section 110(l) non-interference demonstration that relaxing the federal RVP requirement from 7.8 psi to 9.0 psi for gasoline sold from June 1 to September 15 of each year in Mecklenburg and Gaston counties would not interfere with maintenance of any NAAQS in the Charlotte area, including the 2008 ozone NAAQS, or with any other applicable CAA requirement. Mecklenburg and Gaston counties are part of the Charlotte area. For more information on North Carolina's redesignation request and maintenance plan for the Charlotte area, please refer to Docket ID. No. EPA-R04-OAR-2015-0275 for the rulemaking that was signed on July 17, 2015. The preamble for this rulemaking is organized as follows: Section III.B. provides the history of the federal gasoline volatility regulation. Section III.C. describes the policy regarding relaxation of gasoline volatility standards in ozone nonattainment areas that are redesignated as attainment areas. Section III.D. provides information specific to North Carolina's request for Mecklenburg and Gaston counties. Finally, Section IV. briefly discusses the associated direct final rule. B. History of the Gasoline Volatility Requirement On August 19, 1987 (52 FR 31274), the EPA determined that gasoline nationwide was becoming increasingly volatile, causing an increase in evaporative emissions from gasoline-powered vehicles and equipment. Evaporative emissions from gasoline, referred to as volatile organic compounds (VOC), are precursors to the formation of tropospheric ozone and contribute to the nation's ground-level ozone problem. Exposure to ground-level ozone can reduce lung function, thereby aggravating asthma and other respiratory conditions, increase susceptibility to respiratory infection, and may contribute to premature death in people with heart and lung disease. The most common measure of fuel volatility that is useful in evaluating gasoline evaporative emissions is RVP. Under CAA section 211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) that set maximum limits for the RVP of gasoline sold during the regulatory control periods that were established on a state-by-state [[Page 49195]] basis in the final rule. The regulatory control periods addressed the portion of the year when peak ozone concentrations were expected. These regulations constituted Phase I of a two-phase nationwide program, which was designed to reduce the volatility of gasoline during the high ozone season. On June 11, 1990 (55 FR 23658), the EPA promulgated more stringent volatility controls as Phase II of the volatility control program. These requirements established maximum RVP standards of 9.0 psi or 7.8 psi (depending on the state, the month, and the area's initial ozone attainment designation with respect to the 1-hour ozone NAAQS.) The 1990 CAA Amendments established a new section 211(h) to address fuel volatility. CAA section 211(h) requires the EPA to promulgate regulations making it unlawful to sell, offer for sale, dispense, supply, offer for supply, transport, or introduce into commerce gasoline with an RVP level in excess of 9.0 psi during the high ozone season. CAA section 211(h) also prohibits the EPA from establishing a volatility standard more stringent than 9.0 psi in an attainment area, except that the EPA may impose a lower (more stringent) standard in any former ozone nonattainment area redesignated to attainment. On December 12, 1991 (56 FR 64704), the EPA modified the Phase II volatility regulations to be consistent with CAA section 211(h). The modified regulations prohibited the sale of gasoline with an RVP above 9.0 psi in all areas designated attainment for ozone, effective January 13, 1992. For areas designated as nonattainment, the regulations retained the original Phase II standards published on June 11, 1990 (55 FR 23658), which included the 7.8 psi ozone season limitation for certain areas. As stated in the preamble to the Phase II volatility controls and reiterated in the proposed change to the volatility standards published in 1991, the EPA will rely on states to initiate changes to their respective volatility programs. The EPA's policy for approving such changes is described below in Section III.C. The state of North Carolina has initiated this change by requesting that the EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for Mecklenburg and Gaston counties, which are subject to the 7.8 gasoline RVP requirement during the summertime ozone season. Accordingly, the state of North Carolina provided a technical demonstration showing that relaxing the federal gasoline RVP requirements in the two counties from 7.8 psi to 9.0 psi would not interfere with maintenance of any NAAQS in the Charlotte area, including the 2008 ozone NAAQS, or with any other applicable CAA requirement. C. The EPA's Policy Regarding Relaxation of Gasoline Volatility Standards in Ozone Nonattainment Areas That Are Redesignated to Attainment Areas As stated in the preamble for the EPA's amended Phase II volatility standards (56 FR 64706), any change in the gasoline volatility standard for a nonattainment area that was subsequently redesignated as an attainment area must be accomplished through a separate rulemaking that revises the applicable standard for that area. Thus, for former 1-hour ozone nonattainment areas where the EPA mandated a Phase II volatility standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the federal 7.8 psi gasoline RVP requirement remains in effect, even after such an area is redesignated to attainment, until a separate rulemaking is completed that relaxes the federal gasoline RVP standard in that area from 7.8 psi to 9.0 psi. As explained in the December 12, 1991 rulemaking, the EPA believes that relaxation of an applicable gasoline RVP standard is best accomplished in conjunction with the redesignation process. In order for an ozone nonattainment area to be redesignated as an attainment area, CAA section 107(d)(3) requires the state to make a showing, pursuant to CAA section 175A, that the area is capable of maintaining attainment for the ozone NAAQS for ten years. Depending on the area's circumstances, this maintenance plan will either demonstrate that the area is capable of maintaining attainment for ten years without the more stringent volatility standard or that the more stringent volatility standard may be necessary for the area to maintain its attainment with the ozone NAAQS. Therefore, in the context of a request for redesignation, the EPA will not relax the gasoline volatility standard unless the state requests a relaxation and the maintenance plan demonstrates to the satisfaction of the EPA that the area will maintain attainment for ten years without the need for the more stringent volatility standard. North Carolina is requesting relaxation of the federal gasoline RVP standard from 7.8 psi to 9.0 psi for Mecklenburg and Gaston counties concurrent with its request that the EPA approve a redesignation request and maintenance plan for the Charlotte area for the 2008 ozone NAAQS. D. North Carolina's Request To Relax the Federal Gasoline RVP Requirement for Mecklenburg and Gaston Counties On March 11, 2015, the state of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), submitted a redesignation request and maintenance plan for the Charlotte area, which was classified as Marginal for the 2008 ozone NAAQS. Mecklenburg and Gaston counties are part of the Charlotte area. Additionally, the state submitted a CAA section 110(l) non-interference demonstration that removal of the federal RVP requirement of 7.8 psi for gasoline during the summertime ozone season in Mecklenburg and Gaston counties would not interfere with maintenance of any NAAQS, or with any other applicable CAA requirement. Specifically, the state provided a technical demonstration showing that relaxing the federal gasoline RVP requirement in the two counties from 7.8 psi to 9.0 psi would not interfere with maintenance of any NAAQS in the Charlotte area, of which the two counties are part, including the 2008 ozone NAAQS, or with any other applicable CAA requirement. In a rulemaking that was signed on July 17, 2015, the EPA evaluated and approved North Carolina's March 11, 2015 redesignation request and maintenance plan for the Charlotte area. See Docket ID. No. EPA-R04- OAR-2015-0275. In a separate rulemaking signed on July 17, 2015, the EPA approved North Carolina's non-interference demonstration for Mecklenburg and Gaston counties. See Docket ID. No. EPA-R04-OAR-2015- 0260.\1\ --------------------------------------------------------------------------- \1\ On March 11, 2015, the NCDENR requested that the EPA parallel process the approval of the submission. --------------------------------------------------------------------------- Both rulemakings were subject to public notice-and-comment. The EPA received two comments on the redesignation request and maintenance plan rulemaking, and those comments were addressed in the final rule for that rulemaking. The comments received can be found in the docket for that rulemaking (Docket ID. No. EPA-R04-OAR-2015-0275). No comments were received on the non-interference demonstration for Mecklenburg and Gaston counties (Docket ID. No. EPA-R04-OAR-2015-0260). In this action, the EPA is taking the second and final step in the process by proposing to approve North Carolina's request to relax the summertime ozone season gasoline RVP standard for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi. Specifically, the EPA [[Page 49196]] is proposing to amend the applicable gasoline RVP standard to allow the gasoline RVP requirements to rise from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the two counties. This proposal to approve North Carolina's request to relax the summertime ozone season gasoline RVP standard for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi is based on the previous approval of North Carolina's March 11, 2015 redesignation request and maintenance plan and non-interference demonstration. It is also based on the fact that the Charlotte area is currently in attainment for the both the 1997 ozone NAAQS and the 2008 ozone NAAQS. IV. Direct Final Rule A direct final rule that would make the same changes as those proposed in this action appears in the Rules and Regulations section of this Federal Register. The EPA is taking direct final action on these revisions because the EPA views the revisions as noncontroversial and anticipates no adverse comment. The EPA has explained the reasons for the amendments in this proposal and in the direct final rule. If no adverse comments are received, no further action will be taken on the proposal, and the direct final rule will become effective as provided in that action. If the EPA receives adverse comments on the rule or any portion of the rule, the EPA will withdraw the direct final rule or the portion of the rule that received adverse comment. The EPA will publish a timely withdrawal in the Federal Register indicating which provisions are being withdrawn. All public comments received will then be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time. The changes to the regulatory text proposed in this document are identical to those for the direct final rule published in the Rules and Regulations section of this Federal Register. For further information, including the regulatory revisions, see the direct final rule published in a separate part of this Federal Register. V. Statutory and Executive Order Reviews For a complete discussion of all the administrative requirements applicable to this action, see the direct final rule in the Rules and Regulations section of this Federal Register. VI. Legal Authority The statutory authority for this action is granted to the EPA by Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 7545(h) and 7601(a). List of Subjects in 40 CFR Part 80 Environmental protection, Administrative practice and procedures, Air pollution control, Fuel additives, Gasoline, Motor vehicle and motor vehicle engines, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements. Dated: August 5, 2015. Gina McCarthy, Administrator. [FR Doc. 2015-20245 Filed 8-14-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules 49193
disapprove pre-existing requirements action based on health or safety risks List of Subjects in 40 CFR Part 52
under State or local law, and imposes subject to Executive Order 13045 (62 FR Environmental protection, Air
no new requirements. Accordingly, no 19885, April 23, 1997). This proposed pollution control, Intergovernmental
additional costs to State, local, or tribal SIP disapproval under section 110 and relations, Nitrogen oxides, Sulfur
governments, or to the private sector, subchapter I, part D of the Clean Air Act oxides, Particulate matter.
result from this action. will not in-and-of itself create any new
regulations but simply disapproves Authority: 42 U.S.C. 7401 et seq.
E. Executive Order 13132, Federalism
certain State requirements submitted for Dated: August 6, 2015.
Executive Order 13132, entitled inclusion into the SIP. Jared Blumenfeld,
‘‘Federalism’’ (64 FR 43255, August 10, EPA Regional Administrator, Region 9.
1999), requires EPA to develop an H. Executive Order 13211, Actions That
Significantly Affect Energy Supply, [FR Doc. 2015–20240 Filed 8–14–15; 8:45 am]
accountable process to ensure
‘‘meaningful and timely input by State Distribution, or Use BILLING CODE 6560–50–P
and local officials in the development of
This proposed rule is not subject to
regulatory policies that have federalism
Executive Order 13211 (66 FR 28355, ENVIRONMENTAL PROTECTION
implications.’’ ‘‘Policies that have
May 22, 2001) because it is not a AGENCY
federalism implications’’ is defined in
significant regulatory action under
the Executive Order to include 40 CFR Part 80
Executive Order 12866.
regulations that have ‘‘substantial direct
effects on the States, on the relationship I. National Technology Transfer and [EPA–HQ–OAR–2015–0208; FRL–9931–95–
between the national government and Advancement Act OAR]
the States, or on the distribution of RIN 2060–AS64
power and responsibilities among the Section 12(d) of the National
various levels of government.’’ Technology Transfer and Advancement Relaxation of the Federal Reid Vapor
This action does not have federalism Act of 1995 (‘‘NTTAA’’), Public Law Pressure Gasoline Volatility Standard
implications. It will not have substantial 104–113, 12(d) (15 U.S.C. 272 note) for Mecklenburg and Gaston Counties,
direct effects on the States, on the directs EPA to use voluntary consensus North Carolina
relationship between the national standards in its regulatory activities
unless to do so would be inconsistent AGENCY: Environmental Protection
government and the States, or on the
with applicable law or otherwise Agency (EPA).
distribution of power and
responsibilities among the various impractical. Voluntary consensus ACTION: Proposed rule.
levels of government, as specified in standards are technical standards (e.g.,
SUMMARY: The Environmental Protection
Executive Order 13132, because it materials specifications, test methods,
Agency (EPA) is proposing to approve a
merely disapproves certain State sampling procedures, and business
request from the state of North Carolina
requirements for inclusion into the SIP practices) that are developed or adopted
for the EPA to relax the Reid Vapor
and does not alter the relationship or by voluntary consensus standards
Pressure (RVP) standard applicable to
the distribution of power and bodies. NTTAA directs EPA to provide
gasoline introduced into commerce from
responsibilities established in the Clean Congress, through OMB, explanations
June 1 to September 15 of each year for
Air Act. Thus, Executive Order 13132 when the Agency decides not to use
Mecklenburg and Gaston counties,
does not apply to this action. available and applicable voluntary
North Carolina. Specifically, the EPA is
consensus standards.
F. Executive Order 13175, Coordination proposing to amend the regulations to
With Indian Tribal Governments The EPA believes that this action is allow the RVP standard for Mecklenburg
not subject to requirements of Section and Gaston counties to rise from 7.8
This action does not have tribal 12(d) of NTTAA because application of pounds per square inch (psi) to 9.0 psi
implications, as specified in Executive those requirements would be for gasoline. The EPA has preliminarily
Order 13175 (65 FR 67249, November 9, inconsistent with the Clean Air Act. determined that this change to the
2000), because the SIP EPA is proposing
J. Executive Order 12898: Federal federal RVP regulation is consistent
to disapprove would not apply on any
Actions To Address Environmental with the applicable provisions of the
Indian reservation land or in any other
Justice in Minority Populations and Clean Air Act (CAA).
area where EPA or an Indian tribe has
demonstrated that a tribe has Low-Income Population DATES: Written comments must be
jurisdiction, and EPA notes that it will received on or before September 16,
Executive Order (EO) 12898 (59 FR 2015 unless a public hearing is
not impose substantial direct costs on
7629 (Feb. 16, 1994)) establishes federal requested by September 1, 2015. If the
tribal governments or preempt tribal
executive policy on environmental EPA receives such a request, we will
law. Thus, Executive Order 13175 does
justice. Its main provision directs publish information related to the
not apply to this action.
federal agencies, to the greatest extent timing and location of the hearing and
G. Executive Order 13045, Protection of practicable and permitted by law, to a new deadline for public comment.
Children From Environmental Health make environmental justice part of their ADDRESSES: Submit your comments,
Risks and Safety Risks mission by identifying and addressing, identified by Docket ID No. EPA–HQ–
EPA interprets EO 13045 (62 FR as appropriate, disproportionately high OAR–2015–0208, to the Federal
mstockstill on DSK4VPTVN1PROD with PROPOSALS
19885, April 23, 1997) as applying only and adverse human health or eRulemaking Portal: http://
to those regulatory actions that concern environmental effects of their programs, www.regulations.gov. Follow the online
health or safety risks, such that the policies, and activities on minority instructions for submitting comments.
analysis required under section 5–501 of populations and low-income Once submitted, comments cannot be
the EO has the potential to influence the populations in the United States. edited or withdrawn. The EPA may
regulation. This action is not subject to EPA lacks the discretionary authority publish any comment received to its
EO 13045 because it is not an to address environmental justice in this public docket. Do not submit
economically significant regulatory rulemaking. electronically any information you
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![49196 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules
is proposing to amend the applicable VI. Legal Authority calendar days for public input. On
gasoline RVP standard to allow the The statutory authority for this action August 6, 2015, NMFS published a
gasoline RVP requirements to rise from is granted to the EPA by Sections 211(h) correction and extended the public
7.8 psi to 9.0 psi provided at 40 CFR and 301(a) of the Clean Air Act, as comment period to August 17, 2015.
80.27(a)(2) for the two counties. This amended; 42 U.S.C. 7545(h) and NMFS has decided to extend the public
proposal to approve North Carolina’s 7601(a). comment period by an additional 30
request to relax the summertime ozone calendar days for public input.
season gasoline RVP standard for List of Subjects in 40 CFR Part 80 DATES: The comment period for the
Mecklenburg and Gaston counties from Environmental protection, proposed rule published July 9, 2015, at
7.8 psi to 9.0 psi is based on the Administrative practice and procedures, 80 FR 39542, extended August 6, 2015,
previous approval of North Carolina’s Air pollution control, Fuel additives, at 80 FR 46939, has been further
March 11, 2015 redesignation request Gasoline, Motor vehicle and motor extended. NMFS must receive written
and maintenance plan and non- vehicle engines, Motor vehicle comments and information no later than
interference demonstration. It is also pollution, Penalties, Reporting and September 16, 2015.
based on the fact that the Charlotte area recordkeeping requirements. ADDRESSES: You may submit comments
is currently in attainment for the both on this document, identified by NOAA–
the 1997 ozone NAAQS and the 2008 Dated: August 5, 2015.
NMFS–2015–0078, by any of the
ozone NAAQS. Gina McCarthy,
following methods:
Administrator. • Electronic submission: Submit all
IV. Direct Final Rule [FR Doc. 2015–20245 Filed 8–14–15; 8:45 am] electronic public comments via the
A direct final rule that would make BILLING CODE 6560–50–P federal e-Rulemaking Portal. Go to
the same changes as those proposed in www.regulations.gov, enter 0648–BF02
this action appears in the Rules and in the ‘‘Search’’ box, click the
Regulations section of this Federal DEPARTMENT OF COMMERCE ‘‘Comment Now!’’ icon, complete the
Register. The EPA is taking direct final required fields, and enter or attach your
action on these revisions because the National Oceanic and Atmospheric comments.
EPA views the revisions as Administration • Mail: Comments should be
noncontroversial and anticipates no addressed to Jolie Harrison, Chief,
adverse comment. The EPA has 50 CFR Part 219 Permits and Conservation Division,
explained the reasons for the [Docket No. 150413360–5701–03] Office of Protected Resources, National
amendments in this proposal and in the Marine Fisheries Service, 1315 East
direct final rule. If no adverse comments RIN 0648–BF02 West Highway, Silver Spring, MD
are received, no further action will be 20910.
taken on the proposal, and the direct Taking and Importing Marine Instructions: NMFS is not responsible
final rule will become effective as Mammals; Taking Marine Mammals for comments sent by any other method,
provided in that action. Incidental to Northeast Fisheries to any other address or individual, or
If the EPA receives adverse comments Science Center Fisheries Research; received after the end of the comment
on the rule or any portion of the rule, Correction period. Attachments to electronic
the EPA will withdraw the direct final AGENCY: National Marine Fisheries comments will be accepted in Microsoft
rule or the portion of the rule that Service (NMFS), National Oceanic and Word or Excel or Adobe PDF file
received adverse comment. The EPA Atmospheric Administration (NOAA), formats only. To help NMFS process
will publish a timely withdrawal in the Commerce. and review comments more efficiently,
Federal Register indicating which please use only one method to submit
ACTION: Proposed rule; correction;
provisions are being withdrawn. All comments. All comments received are a
extension of public comment period.
public comments received will then be part of the public record. NMFS will
addressed in a subsequent final rule SUMMARY: This document contains generally post the comments on
based on this proposed rule. The EPA corrections to the preamble to the www.regulations.gov without change.
will not institute a second comment proposed rule published on August 6, All personal identifying information
period on the subsequent final action. 2015, that would establish a framework (e.g., name, address) voluntarily
Any parties interested in commenting for authorizing the take of marine submitted by the commenter may be
must do so at this time. mammals incidental to the NEFSC’s publicly accessible. Do not submit
The changes to the regulatory text fisheries research activities in the confidential business information or
proposed in this document are identical Atlantic coast region for a five-year otherwise sensitive or protected
to those for the direct final rule period, 2015–2020. This action is information. NMFS will accept
published in the Rules and Regulations necessary to correct typographical errors anonymous comments (enter N/A in the
section of this Federal Register. For in the annual estimates presented for required fields if you wish to remain
further information, including the Level B harassment of northern anonymous).
regulatory revisions, see the direct final bottlenose whales (Hyperoodon FOR FURTHER INFORMATION CONTACT:
rule published in a separate part of this ampullatus) from 10 to 12. This change Jeannine Cody, Office of Protected
Federal Register. accounts for the annual estimate of level Resources, NMFS, (301) 427–8401.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
B harassment for this species in both SUPPLEMENTARY INFORMATION:
V. Statutory and Executive Order
inshore (10 individuals) and offshore
Reviews Background
waters (2 individuals) in the Atlantic
For a complete discussion of all the coast region. NMFS published a proposed rule on
administrative requirements applicable The Federal Register proposed rule July 9, 2015 (80 FR 39542) to establish
to this action, see the direct final rule in published on July 9, 2015, indicated a framework for authorizing the take of
the Rules and Regulations section of this that written comments were due by marine mammals incidental to the
Federal Register. August 10, 2015, which allowed 30 NEFSC’s fisheries research activities in
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Document Created: 2015-12-15 11:06:58
Document Modified: 2015-12-15 11:06:58
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 16, 2015 unless a public hearing is requested by September 1, 2015. If the EPA receives such a request, we will publish information related to the timing and location of the hearing and a new deadline for public comment. | |
| Contact | Patty Klavon, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan, 48105; telephone number: (734) 214-4476; | |
| FR Citation | 80 FR 49193 | |
| RIN Number | 2060-AS64 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedures; Air Pollution Control; Fuel Additives; Gasoline; Motor Vehicle and Motor Vehicle Engines; Motor Vehicle Pollution; Penalties and Reporting and Recordkeeping Requirements |
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