82_FR_60920 82 FR 60675 - Approval of Tennessee's Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Shelby County (Memphis)

82 FR 60675 - Approval of Tennessee's Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Shelby County (Memphis)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 245 (December 22, 2017)

Page Range60675-60679
FR Document2017-27630

The Environmental Protection Agency (EPA) is taking final action to approve a request from the state of Tennessee for EPA to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year (summertime ozone season) in Shelby County, Tennessee (the Memphis Area). Specifically, EPA is approving amendments to the regulations to allow the gasoline RVP standard for Shelby County to rise from 7.8 pounds per square inch (psi) to 9.0 psi. EPA has determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 245 (Friday, December 22, 2017)
[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Rules and Regulations]
[Pages 60675-60679]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27630]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2017-0146; FRL-9972-06-OAR]
RIN 2060-AT69


Approval of Tennessee's Request To Relax the Federal Reid Vapor 
Pressure (RVP) Gasoline Volatility Standard for Shelby County (Memphis)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a request from the state of Tennessee for EPA to 
relax the Reid Vapor Pressure (RVP) standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year 
(summertime ozone season) in Shelby County, Tennessee (the Memphis 
Area). Specifically, EPA is approving amendments to the regulations to 
allow the gasoline RVP standard for Shelby County to rise from 7.8 
pounds per square inch (psi) to 9.0 psi. EPA has determined that this 
change to the federal RVP regulation is consistent with the applicable 
provisions of the Clean Air Act (CAA).

DATES: This final rule is effective on January 22, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2017-0461. All documents in the docket are listed on the 
www.regulations.gov website. Although listed in the index, some 
information may not be publicly available, e.g., Confidential Business 
Information (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 
electronically through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of 
Transportation and Air Quality, U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 
343-9256; email address: [email protected], or Rudolph Kapichak, 
Office of Transportation and Air Quality, U.S. Environmental Protection 
Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 
(734) 214-4574; email address: [email protected].

SUPPLEMENTARY INFORMATION:
    The contents of this preamble are listed in the following outline:

I. General Information
II. Action Being Taken
III. History of the Gasoline Volatility Requirement
IV. EPA's Policy Regarding Relaxation of Gasoline Volatility 
Standards in Ozone Nonattainment Areas That Are Redesignated as 
Attainment Areas
V. Tennessee's Request To Relax the Federal Gasoline RVP Requirement 
for Shelby County
VI. Final Action
VII. Statutory and Executive Order Reviews
VIII. Legal Authority and Statutory Provisions

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and 
distributors who do business in Shelby County.

[[Page 60676]]



------------------------------------------------------------------------
      Examples of potentially  regulated entities        NAICS \1\ 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 EPA is 
aware that potentially could be affected by this rule. Other types of 
entities not listed on the table could also be affected by this rule. 
To determine whether your organization could be affected by this 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, see the FOR FURTHER INFORMATION CONTACT section of 
this preamble.

B. What is EPA's authority for taking this action?

    The statutory authority for this action is granted to EPA by 
Sections 211(h) and 301(a) of the CAA, as amended; 42 U.S.C. 7545(h) 
and 7601(a).

II. Action Being Taken

    This final rule approves a request from the state of Tennessee to 
change the summertime gasoline RVP standard for Shelby County (the 
Memphis Area) from 7.8 psi to 9.0 psi by amending EPA's regulations at 
40 CFR 80.27(a)(2). Tennessee did not request relaxation of the federal 
RVP standard from 7.8 psi to 9.0 psi when it submitted the CAA section 
175A maintenance plan for the 2008 ozone national ambient air quality 
standard (NAAQS) that was approved on June 23, 2016 (81 FR 40816). In a 
subsequent rulemaking, based on Tennessee's April 12, 2017 request, EPA 
approved a CAA section 110(l) non-interference demonstration that 
relaxing the federal RVP gasoline requirement from 7.8 psi to 9.0 psi 
for gasoline sold from June 1 to September 15 of each year would not 
interfere with maintenance of the NAAQS in Shelby County. For more 
information on EPA's approval of Tennessee's CAA section 110(l) non-
interference demonstration for Shelby County, please refer to the July 
7, 2017 rulemaking (82 FR 31462).
    The preamble for this rulemaking is organized as follows: Section 
III, provides the history of the federal gasoline volatility 
regulation; Section IV, describes the policy regarding relaxation of 
volatility standards in ozone nonattainment areas that are redesignated 
as attainment areas; Section V, provides information specific to 
Tennessee's request for Shelby County; and Section VI, presents the 
final action in response to Tennessee's request.

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), 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 (VOCs), 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), 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 
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), EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum gasoline 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 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 EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), 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 high 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, EPA will rely on states to initiate 
changes to their respective volatility programs. EPA's policy for 
approving such changes is described below in Section IV. of this 
preamble.
    The state of Tennessee initiated this change by requesting that EPA 
relax the 7.8 psi gasoline RVP standard to 9.0 psi for Shelby County. 
Accordingly, the state of Tennessee provided a technical demonstration 
showing that relaxing the federal gasoline RVP requirements from 7.8 
psi to 9.0 psi would not interfere with maintenance of the NAAQS in 
Shelby County or with any other applicable CAA requirement. See Section 
V. of this preamble for information specific to Tennessee's request for 
Shelby County.

IV. EPA's Policy Regarding Relaxation of Gasoline Volatility Standards 
in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

    As stated in the rulemaking for EPA's amended Phase II volatility 
standards (56 FR 64706, December 12, 1991), any change in the 
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 EPA mandated a 
Phase II volatility standard of 7.8 psi RVP in the December 12, 1991 
rulemaking, the federal 7.8 psi RVP gasoline requirement remains in 
effect, even after such an area is redesignated to attainment, until a 
separate rulemaking is completed that relaxes the federal RVP gasoline 
standard in that area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 (56 FR 64706) rulemaking, EPA 
believes that relaxation of an applicable gasoline RVP standard is best 
accomplished in conjunction with the redesignation process. In order 
for an

[[Page 60677]]

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(a), 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 
gasoline volatility standard or that the more stringent gasoline 
volatility standard may be necessary for the area to maintain 
attainment of the ozone NAAQS. Therefore, in the context of a request 
for redesignation, EPA will not initiate the rulemaking to amend 40 CFR 
80.27 to relax the gasoline volatility standard unless the state 
specifically requests a relaxation and the maintenance plan 
demonstrates to the satisfaction of EPA that the area will maintain 
attainment for ten years without the need for the more stringent 
volatility standard.

V. Tennessee's Request To Relax the Federal Gasoline RVP Requirement 
for Shelby County

    On April 12, 2017, the state of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), submitted a CAA 
section 110(l) non-interference demonstration which illustrated that 
removal of the federal RVP requirement of 7.8 psi for gasoline during 
the summertime ozone season for Shelby County would not interfere with 
maintenance of any NAAQS, including the 2008 ozone NAAQS. Specifically, 
TDEC provided a technical demonstration showing that relaxing the 
federal gasoline RVP requirement would not interfere with maintenance 
of the ozone NAAQS or with any other applicable requirement of the CAA. 
As noted above, Tennessee did not request relaxation of the federal RVP 
standard from 7.8 psi to 9.0 psi when it submitted a CAA section 175A 
maintenance plan for the 2008 ozone NAAQS that was approved on June 23, 
2016 (81 FR 40816). However, the approved maintenance plan included the 
use of gasoline with an RVP standard of 9.0 psi. Therefore, a revised 
maintenance plan with an RVP standard of 9.0 psi is not needed. 
Nevertheless, TDEC has appropriately requested (by its April 21, 2017 
letter) that EPA approve its non-interference demonstration and 
requested that Shelby County no longer be subject to the federal RVP 
standard of 7.8 psi for gasoline during the summertime ozone season.
    On May 11, 2017, EPA proposed to approve the CAA section 110(l) 
non-interference demonstration. The proposal provided an opportunity 
for the public to comment on the action. See 82 FR 21966. EPA received 
no comments on the proposal to approve the non-interference 
demonstration for Shelby County. In a July 7, 2017 final rule, EPA 
approved Tennessee's non-interference demonstration for Shelby County. 
See 82 FR 31462.
    EPA's proposal to amend the applicable gasoline RVP standard from 
7.8 psi to 9.0 psi (82 FR 39098, August 17, 2017) was subject to public 
notice and comment. EPA received no comment on its proposal. In this 
action, EPA is approving Tennessee's request to relax the summertime 
ozone season gasoline RVP standard for Shelby County from 7.8 psi to 
9.0 psi. Specifically, EPA is amending the applicable gasoline RVP 
standard from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2). This 
action to approve Tennessee's request to relax the summertime ozone 
season RVP standard for Shelby County from 7.8 psi to 9.0 psi is based 
on EPA's July 7, 2017 approval of Tennessee's non-interference 
demonstration.

VI. Final Action

    EPA is taking final action to approve Tennessee's request for the 
Agency to relax the RVP standard applicable to gasoline introduced into 
commerce from June 1 to September 15 of each year in Shelby County from 
7.8 psi to 9.0 psi as provided at 40 CFR 80.27(a)(2). This approval is 
based on Tennessee's request and EPA's final determination in its July 
7, 2017 final rule (82 FR 31462) that Tennessee, as required by CAA 
section 110(l), made an adequate demonstration to show that removal of 
this federal requirement would not interfere with the ozone NAAQS in 
the Shelby County and is consistent with CAA requirements. This action 
amends the applicable gasoline RVP standard from 7.8 psi to 9.0 psi 
provided at 40 CFR 80.27(a)(2) for Shelby County.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and therefore 
was not submitted to the Office of Management and Budget (OMB) for 
review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory 
action. This final rule provides meaningful burden reduction because it 
relaxes the federal RVP standard for gasoline in Shelby County, 
Tennessee and as a result, fuel suppliers will no longer be required to 
provide 7.8 psi lower RVP gasoline anywhere in Tennessee during the 
summer months (June 1st through September 15th). Relaxing the 
volatility requirements will also be beneficial because this action can 
improve the fungibility of gasoline sold in the State of Tennessee by 
allowing the gasoline sold in Memphis to be identical to the fuel sold 
throughout Tennessee.

C. Paperwork Reduction Act (PRA)

    This action does not impose any information collection burden under 
the PRA, because it does not contain any information collection 
activities.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The small entities subject to the 
requirements of this action are refiners, importers or blenders of 
gasoline that choose to produce or import low RVP gasoline for sale in 
Tennessee, and gasoline distributers and retail stations in Tennessee. 
This action relaxes the federal RVP standard for gasoline sold in 
Shelby County, Tennessee during the summertime ozone season (June 1 to 
September 15 of each year) to allow the RVP for gasoline sold in this 
county to rise from 7.8 psi to 9.0 psi. This rule does not impose any 
requirements or create impacts on small entities beyond those, if any, 
already required by or resulting from the CAA section 211(h) RVP 
program. We have therefore concluded that this action will have no net 
regulatory burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This final rule does not contain an unfunded mandate of $100 
million or

[[Page 60678]]

more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action 
implements mandates that are specifically and explicitly set forth in 
CAA section 211(h) without the exercise of any policy discretion by the 
EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. This final rule will affect only those refiners, 
importers or blenders of gasoline that choose to produce or import low 
RVP gasoline for sale in Shelby County and gasoline distributers and 
retail stations in the Area. Thus, Executive Order 13175 does not apply 
to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk. The EPA has no reason to believe that this 
action will disproportionately affect children since Tennessee has 
provided evidence that a relaxation of the gasoline RVP will not 
interfere with its attainment of the ozone NAAQS for Shelby County, or 
any other applicable CAA requirement. By separate action, the EPA has 
approved Tennessee's non-interference demonstration regarding its 
maintenance plan for the 2008 ozone NAAQS, and that Tennessee's 
relaxation of the gasoline RVP standard in Shelby County to 9.0 RVP 
will not interfere with any other NAAQS or CAA requirement.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the applicable 
ozone NAAQS which establish the level of protection provided to human 
health or the environment. This rule relaxes the applicable volatility 
standard of gasoline during the summer. The EPA has concluded that the 
relaxation will not cause a measurable increase in ozone concentrations 
that would result in a violation of any ozone NAAQS including the 2008 
ozone NAAQS and the more stringent 2015 ozone NAAQS. Therefore, 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations are not an anticipated 
result. The results of this evaluation are contained in EPA's proposed 
and final rules for Tennessee's non-interference demonstration. A copy 
of Tennessee's April 12, 2017 letter requesting that the EPA relax the 
gasoline RVP standard, including the technical analysis demonstrating 
that the less stringent gasoline RVP would not interfere with continued 
maintenance of the 2008 ozone NAAQS in Shelby County, or with any other 
applicable CAA requirement, has been placed in the public docket for 
this action.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller of the 
United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 20, 2018. 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.
    This action may not be challenged later in proceedings to enforce 
its requirements. See CAA section 307(b)(2).

VIII. Legal Authority and Statutory Provisions

    The statutory authority for this action is granted to 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: December 15, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. In Sec.  80.27, paragraph (a)(2)(ii) is amended in the table by 
revising the entry for ``Tennessee'' and footnote 10 to read as 
follows:


Sec.  80.27  Controls and prohibitions on gasoline volatility.

    (a) * * *
    (2) * * *
    (ii) * * *

[[Page 60679]]



                                                   Applicable Standards \1\ 1992 and Subsequent Years
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               State                                       May              June             July            August         September
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Tennessee \10\.....................................................             9.0              9.0              9.0              9.0              9.0
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\1\ Standards are expressed in pounds per square inch (psi).
 * * * * * * *
\10\ The standard for Knox County from June 1 until September 15 in 1992 through June 2, 1994 was 7.8 psi. The standard for the Middle Tennessee Area
  (Davidson, Rutherford, Sumner, Williamson, and Wilson Counties) from June 1 until September 15 in 1992 through June 7, 2017 was 7.8 psi. The standard
  in Shelby County (Memphis Area) from June 1 until September 15 in 1992 through 2017 was 7.8 psi.
 * * * * * * *

[FR Doc. 2017-27630 Filed 12-21-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations                                          60675

                                              yards and marinas and will release a                    First Night Fireworks in Boston Inner                 commerce from June 1 to September 15
                                              media advisory. No objections to the                    Harbor. This action is being taken to                 of each year (summertime ozone season)
                                              proposed deviation have been received.                  provide for the safety of life on                     in Shelby County, Tennessee (the
                                              The Coast Guard will inform waterway                    navigable waterways during the                        Memphis Area). Specifically, EPA is
                                              users of the closure through our Local                  fireworks display. Our regulation for                 approving amendments to the
                                              and Broadcast Notices to Mariners.                      COTP Boston Fireworks display zone,                   regulations to allow the gasoline RVP
                                                 In accordance with 33 CFR 117.35(e),                 Boston Harbor, Boston, MA, 33 CFR                     standard for Shelby County to rise from
                                              the drawbridge must return to its regular               165.119(a)(2), specifies the location of              7.8 pounds per square inch (psi) to 9.0
                                              operating schedule immediately at the                   the regulated area as all U.S. navigable              psi. EPA has determined that this
                                              end of the effective period of this                     waters of Boston inner Harbor within a                change to the federal RVP regulation is
                                              temporary deviation. This deviation                     700-foot radius of the fireworks barge in             consistent with the applicable
                                              from the operating regulations is                       the approximate position 42°21′41.2″ N                provisions of the Clean Air Act (CAA).
                                              authorized under 33 CFR 117.35.                         071°02′36.5″ W (NAD 1983), located off                DATES: This final rule is effective on
                                                Dated: December 8, 2017.                              of Long Wharf, Boston, MA. Regulation                 January 22, 2018.
                                              Christopher J. Bisignano,                               33 CFR 165.119(a)(3), specifies the                   ADDRESSES: EPA has established a
                                              Supervisory Bridge Management Specialist,               location of the regulated area as all U.S.            docket for this action under Docket ID
                                              First Coast Guard District.                             navigable waters of Boston inner Harbor               No. EPA–HQ–OAR–2017–0461. All
                                              [FR Doc. 2017–27642 Filed 12–21–17; 8:45 am]
                                                                                                      within a 700-foot radius of the fireworks             documents in the docket are listed on
                                                                                                      barge in the approximate position                     the www.regulations.gov website.
                                              BILLING CODE 9110–04–P
                                                                                                      42°21′23.2″ N 071°02′26″ W (NAD1983),                 Although listed in the index, some
                                                                                                      located off of Fan Pier, Boston, MA. As               information may not be publicly
                                              DEPARTMENT OF HOMELAND                                  specified in 33 CFR 165.119(e), during                available, e.g., Confidential Business
                                              SECURITY                                                the enforcement period, no vessel                     Information (CBI) or other information
                                                                                                      except for fireworks barges and                       whose disclosure is restricted by statute.
                                              Coast Guard                                             accompanying vessels may transit these                Certain other material, such as
                                                                                                      regulated areas without approval from                 copyrighted material, is not placed on
                                              33 CFR Part 165                                         the COTP Boston or a COTP designated                  the internet and will be publicly
                                                                                                      representative.                                       available only in hard copy form.
                                              [Docket No. USCG–2017–1071]                                This notice of enforcement is issued               Publicly available docket materials are
                                              Safety Zone; Captain of the Port                        under authority of 33 CFR 165.119 and                 available electronically through
                                              Boston Fireworks Display Zone,                          5 U.S.C. 552 (a). In addition to this                 www.regulations.gov.
                                              Boston Harbor, Boston, MA                               notice of enforcement in the Federal                  FOR FURTHER INFORMATION CONTACT:
                                                                                                      Register, the Coast Guard plans to                    David Dickinson, Office of
                                              AGENCY:  Coast Guard, DHS.                              provide mariners with advanced                        Transportation and Air Quality, U.S.
                                              ACTION: Notice of enforcement of                        notification of this enforcement period               Environmental Protection Agency, 1200
                                              regulation.                                             via the Local Notice to Mariners and                  Pennsylvania Avenue, Washington, DC
                                                                                                      Broadcast Notice to Mariners.                         20460; telephone number: (202) 343–
                                              SUMMARY:    The Coast Guard will enforce
                                              safety zones for First Night Fireworks on                 Dated: December 14, 2017.                           9256; email address: dickinson.david@
                                              December 31, 2017, to provide for the                   C.C. Gelzer,                                          epa.gov, or Rudolph Kapichak, Office of
                                              safety of life on navigable waterways                   Captain, U.S. Coast Guard, Captain of the             Transportation and Air Quality, U.S.
                                              during the fireworks display. Our                       Port Boston.                                          Environmental Protection Agency, 2000
                                              regulation for Captain of the Port                      [FR Doc. 2017–27582 Filed 12–21–17; 8:45 am]          Traverwood Drive, Ann Arbor, MI
                                              (COTP) Boston fireworks display zones,                  BILLING CODE 9110–04–P                                48105; telephone number: (734) 214–
                                              Boston Harbor, Boston, MA identifies                                                                          4574; email address: kapichak.rudolph@
                                              the regulated areas for this fireworks                                                                        epa.gov.
                                              display. During the enforcement period,                 ENVIRONMENTAL PROTECTION                              SUPPLEMENTARY INFORMATION:
                                              no vessel may transit these regulated                   AGENCY                                                   The contents of this preamble are
                                              areas without approval from the COTP                                                                          listed in the following outline:
                                              Boston or a designated representative.                  40 CFR Part 80                                        I. General Information
                                              DATES: The regulation in 33 CFR                         [EPA–HQ–OAR–2017–0146; FRL–9972–06–                   II. Action Being Taken
                                              165.119(a)(2) and 33 CFR 165.119(a)(3)                  OAR]                                                  III. History of the Gasoline Volatility
                                                                                                                                                                  Requirement
                                              will be enforced from 10 p.m. on                        RIN 2060–AT69                                         IV. EPA’s Policy Regarding Relaxation of
                                              December 31, 2017, until 12:15 a.m. on                                                                              Gasoline Volatility Standards in Ozone
                                              January 1, 2018.                                        Approval of Tennessee’s Request To                          Nonattainment Areas That Are
                                              FOR FURTHER INFORMATION CONTACT: If                     Relax the Federal Reid Vapor Pressure                       Redesignated as Attainment Areas
                                              you have questions about this notice of                 (RVP) Gasoline Volatility Standard for                V. Tennessee’s Request To Relax the Federal
                                              enforcement, call or email Mark Cutter,                 Shelby County (Memphis)                                     Gasoline RVP Requirement for Shelby
                                                                                                                                                                  County
                                              Sector Boston Waterways Management                                                                            VI. Final Action
                                              Division, U.S. Coast Guard; telephone                   AGENCY:  Environmental Protection
                                                                                                      Agency (EPA).                                         VII. Statutory and Executive Order Reviews
                                              617–223–4000, email Mark.E.Cutter@                                                                            VIII. Legal Authority and Statutory
                                                                                                      ACTION: Final rule.
sradovich on DSK3GMQ082PROD with RULES




                                              uscg.mil.                                                                                                           Provisions
                                              SUPPLEMENTARY INFORMATION: The Coast                    SUMMARY:  The Environmental Protection                I. General Information
                                              Guard will enforce the safety zones in                  Agency (EPA) is taking final action to
                                              33 CFR 165.119(a)(2) and 33 CFR                         approve a request from the state of                   A. Does this action apply to me?
                                              165.119(a)(3) from 10:00 p.m. on                        Tennessee for EPA to relax the Reid                     Entities potentially affected by this
                                              Sunday, December 31, 2017 until 12:15                   Vapor Pressure (RVP) standard                         rule are fuel producers and distributors
                                              a.m. on Monday, January 1, 2018, for the                applicable to gasoline introduced into                who do business in Shelby County.


                                         VerDate Sep<11>2014   16:04 Dec 21, 2017   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\22DER1.SGM   22DER1


                                              60676            Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations

                                                 Examples of potentially                            redesignated as attainment areas;                        nonattainment area redesignated to
                                                                                    NAICS 1 codes
                                                   regulated entities                               Section V, provides information specific                 attainment.
                                                                                                    to Tennessee’s request for Shelby                           On December 12, 1991 (56 FR 64704),
                                              Petroleum refineries ...........               324110 County; and Section VI, presents the                     EPA modified the Phase II volatility
                                              Gasoline Marketers and                                final action in response to Tennessee’s                  regulations to be consistent with CAA
                                                 Distributors ...................... 424710, 424720                                                          section 211(h). The modified regulations
                                              Gasoline Retail Stations .....                 447110
                                                                                                    request.
                                              Gasoline Transporters ........ 484220, 484230 III. History of the Gasoline Volatility                          prohibited the sale of gasoline with an
                                                                                                                                                             RVP above 9.0 psi in all areas
                                                 1 North   American Industry Classification Requirement                                                      designated attainment for ozone,
                                              System.                                                  On August 19, 1987 (52 FR 31274),                     effective January 13, 1992. For areas
                                                 The above table is not intended to be              EPA determined that gasoline                             designated as nonattainment, the
                                              exhaustive, but rather provides a guide               nationwide was becoming increasingly                     regulations retained the original Phase II
                                              for readers regarding entities likely to be volatile, causing an increase in                                   standards published on June 11, 1990
                                              regulated by this action. The table lists             evaporative emissions from gasoline-                     (55 FR 23658), which included the 7.8
                                              the types of entities of which EPA is                 powered vehicles and equipment.                          psi high ozone season limitation for
                                              aware that potentially could be affected              Evaporative emissions from gasoline,                     certain areas. As stated in the preamble
                                              by this rule. Other types of entities not             referred to as volatile organic                          to the Phase II volatility controls and
                                              listed on the table could also be affected compounds (VOCs), are precursors to                                 reiterated in the proposed change to the
                                              by this rule. To determine whether your the formation of tropospheric ozone and                                volatility standards published in 1991,
                                              organization could be affected by this                contribute to the nation’s ground-level                  EPA will rely on states to initiate
                                              rule, you should carefully examine the                ozone problem. Exposure to ground-                       changes to their respective volatility
                                              regulations in 40 CFR 80.27. If you have level ozone can reduce lung function,                                 programs. EPA’s policy for approving
                                              questions regarding the applicability of              thereby aggravating asthma and other                     such changes is described below in
                                              this action to a particular entity, see the respiratory conditions, increase                                   Section IV. of this preamble.
                                              FOR FURTHER INFORMATION CONTACT                       susceptibility to respiratory infection,                    The state of Tennessee initiated this
                                              section of this preamble.                             and may contribute to premature death                    change by requesting that EPA relax the
                                                                                                    in people with heart and lung disease.                   7.8 psi gasoline RVP standard to 9.0 psi
                                              B. What is EPA’s authority for taking                    The most common measure of fuel                       for Shelby County. Accordingly, the
                                              this action?                                          volatility that is useful in evaluating                  state of Tennessee provided a technical
                                                 The statutory authority for this action gasoline evaporative emissions is RVP.                              demonstration showing that relaxing the
                                              is granted to EPA by Sections 211(h)                  Under CAA section 211(c), EPA                            federal gasoline RVP requirements from
                                              and 301(a) of the CAA, as amended; 42                 promulgated regulations on March 22,                     7.8 psi to 9.0 psi would not interfere
                                              U.S.C. 7545(h) and 7601(a).                           1989 (54 FR 11868) that set maximum                      with maintenance of the NAAQS in
                                                                                                    limits for the RVP of gasoline sold                      Shelby County or with any other
                                              II. Action Being Taken
                                                                                                    during the regulatory control periods                    applicable CAA requirement. See
                                                 This final rule approves a request                 that were established on a state-by-state                Section V. of this preamble for
                                              from the state of Tennessee to change                 basis in the final rule. The regulatory                  information specific to Tennessee’s
                                              the summertime gasoline RVP standard                  control periods addressed the portion of                 request for Shelby County.
                                              for Shelby County (the Memphis Area)                  the year when peak ozone
                                              from 7.8 psi to 9.0 psi by amending                   concentrations were expected. These                      IV. EPA’s Policy Regarding Relaxation
                                              EPA’s regulations at 40 CFR 80.27(a)(2). regulations constituted Phase I of a two-                             of Gasoline Volatility Standards in
                                              Tennessee did not request relaxation of               phase nationwide program, which was                      Ozone Nonattainment Areas That Are
                                              the federal RVP standard from 7.8 psi to designed to reduce the volatility of                                  Redesignated as Attainment Areas
                                              9.0 psi when it submitted the CAA                     gasoline during the high ozone season.                      As stated in the rulemaking for EPA’s
                                              section 175A maintenance plan for the                 On June 11, 1990 (55 FR 23658), EPA                      amended Phase II volatility standards
                                              2008 ozone national ambient air quality promulgated more stringent volatility                                  (56 FR 64706, December 12, 1991), any
                                              standard (NAAQS) that was approved                    controls as Phase II of the volatility                   change in the volatility standard for a
                                              on June 23, 2016 (81 FR 40816). In a                  control program. These requirements                      nonattainment area that was
                                              subsequent rulemaking, based on                       established maximum gasoline RVP                         subsequently redesignated as an
                                              Tennessee’s April 12, 2017 request, EPA standards of 9.0 psi or 7.8 psi                                        attainment area must be accomplished
                                              approved a CAA section 110(l) non-                    (depending on the state, the month, and                  through a separate rulemaking that
                                              interference demonstration that relaxing the area’s initial ozone attainment                                   revises the applicable standard for that
                                              the federal RVP gasoline requirement                  designation with respect to the 1-hour                   area. Thus, for former 1-hour ozone
                                              from 7.8 psi to 9.0 psi for gasoline sold             ozone NAAQS).                                            nonattainment areas where EPA
                                              from June 1 to September 15 of each                      The 1990 CAA Amendments                               mandated a Phase II volatility standard
                                              year would not interfere with                         established a new section 211(h) to                      of 7.8 psi RVP in the December 12, 1991
                                              maintenance of the NAAQS in Shelby                    address fuel volatility. CAA section                     rulemaking, the federal 7.8 psi RVP
                                              County. For more information on EPA’s 211(h) requires EPA to promulgate                                        gasoline requirement remains in effect,
                                              approval of Tennessee’s CAA section                   regulations making it unlawful to sell,                  even after such an area is redesignated
                                              110(l) non-interference demonstration                 offer for sale, dispense, supply, offer for              to attainment, until a separate
                                              for Shelby County, please refer to the                supply, transport, or introduce into                     rulemaking is completed that relaxes the
                                              July 7, 2017 rulemaking (82 FR 31462).                commerce gasoline with an RVP level in                   federal RVP gasoline standard in that
sradovich on DSK3GMQ082PROD with RULES




                                                 The preamble for this rulemaking is                excess of 9.0 psi during the high ozone                  area from 7.8 psi to 9.0 psi.
                                              organized as follows: Section III,                    season. CAA section 211(h) also                             As explained in the December 12,
                                              provides the history of the federal                   prohibits EPA from establishing a                        1991 (56 FR 64706) rulemaking, EPA
                                              gasoline volatility regulation; Section               volatility standard more stringent than                  believes that relaxation of an applicable
                                              IV, describes the policy regarding                    9.0 psi in an attainment area, except that               gasoline RVP standard is best
                                              relaxation of volatility standards in                 EPA may impose a lower (more                             accomplished in conjunction with the
                                              ozone nonattainment areas that are                    stringent) standard in any former ozone                  redesignation process. In order for an


                                         VerDate Sep<11>2014   16:04 Dec 21, 2017    Jkt 244001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\22DER1.SGM   22DER1


                                                               Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations                                         60677

                                              ozone nonattainment area to be                          interference demonstration. The                       B. Executive Order 13771: Reducing
                                              redesignated as an attainment area, CAA                 proposal provided an opportunity for                  Regulations and Controlling Regulatory
                                              section 107(d)(3) requires the state to                 the public to comment on the action.                  Costs
                                              make a showing, pursuant to CAA                         See 82 FR 21966. EPA received no                         This action is considered an
                                              section 175A(a), that the area is capable               comments on the proposal to approve                   Executive Order 13771 deregulatory
                                              of maintaining attainment for the ozone                 the non-interference demonstration for                action. This final rule provides
                                              NAAQS for ten years. Depending on the                   Shelby County. In a July 7, 2017 final                meaningful burden reduction because it
                                              area’s circumstances, this maintenance                  rule, EPA approved Tennessee’s non-                   relaxes the federal RVP standard for
                                              plan will either demonstrate that the                   interference demonstration for Shelby                 gasoline in Shelby County, Tennessee
                                              area is capable of maintaining                                                                                and as a result, fuel suppliers will no
                                                                                                      County. See 82 FR 31462.
                                              attainment for ten years without the                                                                          longer be required to provide 7.8 psi
                                              more stringent gasoline volatility                         EPA’s proposal to amend the
                                                                                                                                                            lower RVP gasoline anywhere in
                                              standard or that the more stringent                     applicable gasoline RVP standard from
                                                                                                                                                            Tennessee during the summer months
                                              gasoline volatility standard may be                     7.8 psi to 9.0 psi (82 FR 39098, August
                                                                                                                                                            (June 1st through September 15th).
                                              necessary for the area to maintain                      17, 2017) was subject to public notice                Relaxing the volatility requirements will
                                              attainment of the ozone NAAQS.                          and comment. EPA received no                          also be beneficial because this action
                                              Therefore, in the context of a request for              comment on its proposal. In this action,              can improve the fungibility of gasoline
                                              redesignation, EPA will not initiate the                EPA is approving Tennessee’s request to               sold in the State of Tennessee by
                                              rulemaking to amend 40 CFR 80.27 to                     relax the summertime ozone season                     allowing the gasoline sold in Memphis
                                              relax the gasoline volatility standard                  gasoline RVP standard for Shelby                      to be identical to the fuel sold
                                              unless the state specifically requests a                County from 7.8 psi to 9.0 psi.                       throughout Tennessee.
                                              relaxation and the maintenance plan                     Specifically, EPA is amending the
                                              demonstrates to the satisfaction of EPA                                                                       C. Paperwork Reduction Act (PRA)
                                                                                                      applicable gasoline RVP standard from
                                              that the area will maintain attainment                  7.8 psi to 9.0 psi provided at 40 CFR                   This action does not impose any
                                              for ten years without the need for the                  80.27(a)(2). This action to approve                   information collection burden under the
                                              more stringent volatility standard.                                                                           PRA, because it does not contain any
                                                                                                      Tennessee’s request to relax the
                                              V. Tennessee’s Request To Relax the                     summertime ozone season RVP standard                  information collection activities.
                                              Federal Gasoline RVP Requirement for                    for Shelby County from 7.8 psi to 9.0 psi             D. Regulatory Flexibility Act (RFA)
                                              Shelby County                                           is based on EPA’s July 7, 2017 approval                  I certify that this action will not have
                                                 On April 12, 2017, the state of                      of Tennessee’s non-interference                       a significant economic impact on a
                                              Tennessee, through the Tennessee                        demonstration.                                        substantial number of small entities
                                              Department of Environment and                                                                                 under the RFA. In making this
                                                                                                      VI. Final Action
                                              Conservation (TDEC), submitted a CAA                                                                          determination, the impact of concern is
                                              section 110(l) non-interference                           EPA is taking final action to approve               any significant adverse economic
                                              demonstration which illustrated that                    Tennessee’s request for the Agency to                 impact on small entities. An agency may
                                              removal of the federal RVP requirement                  relax the RVP standard applicable to                  certify that a rule will not have a
                                              of 7.8 psi for gasoline during the                      gasoline introduced into commerce from                significant economic impact on a
                                              summertime ozone season for Shelby                                                                            substantial number of small entities if
                                                                                                      June 1 to September 15 of each year in
                                              County would not interfere with                                                                               the rule relieves regulatory burden, has
                                                                                                      Shelby County from 7.8 psi to 9.0 psi as
                                              maintenance of any NAAQS, including                                                                           no net burden or otherwise has a
                                              the 2008 ozone NAAQS. Specifically,                     provided at 40 CFR 80.27(a)(2). This
                                                                                                      approval is based on Tennessee’s                      positive economic effect on the small
                                              TDEC provided a technical                                                                                     entities subject to the rule. The small
                                              demonstration showing that relaxing the                 request and EPA’s final determination
                                                                                                                                                            entities subject to the requirements of
                                              federal gasoline RVP requirement would                  in its July 7, 2017 final rule (82 FR
                                                                                                                                                            this action are refiners, importers or
                                              not interfere with maintenance of the                   31462) that Tennessee, as required by                 blenders of gasoline that choose to
                                              ozone NAAQS or with any other                           CAA section 110(l), made an adequate                  produce or import low RVP gasoline for
                                              applicable requirement of the CAA. As                   demonstration to show that removal of                 sale in Tennessee, and gasoline
                                              noted above, Tennessee did not request                  this federal requirement would not                    distributers and retail stations in
                                              relaxation of the federal RVP standard                  interfere with the ozone NAAQS in the                 Tennessee. This action relaxes the
                                              from 7.8 psi to 9.0 psi when it submitted               Shelby County and is consistent with                  federal RVP standard for gasoline sold
                                              a CAA section 175A maintenance plan                     CAA requirements. This action amends                  in Shelby County, Tennessee during the
                                              for the 2008 ozone NAAQS that was                       the applicable gasoline RVP standard                  summertime ozone season (June 1 to
                                              approved on June 23, 2016 (81 FR                        from 7.8 psi to 9.0 psi provided at 40                September 15 of each year) to allow the
                                              40816). However, the approved                           CFR 80.27(a)(2) for Shelby County.                    RVP for gasoline sold in this county to
                                              maintenance plan included the use of                                                                          rise from 7.8 psi to 9.0 psi. This rule
                                              gasoline with an RVP standard of 9.0                    VII. Statutory and Executive Order                    does not impose any requirements or
                                              psi. Therefore, a revised maintenance                   Reviews                                               create impacts on small entities beyond
                                              plan with an RVP standard of 9.0 psi is                 A. Executive Order 12866: Regulatory                  those, if any, already required by or
                                              not needed. Nevertheless, TDEC has                                                                            resulting from the CAA section 211(h)
                                                                                                      Planning and Review and Executive
                                              appropriately requested (by its April 21,                                                                     RVP program. We have therefore
                                                                                                      Order 13563: Improving Regulation and
                                              2017 letter) that EPA approve its non-                                                                        concluded that this action will have no
sradovich on DSK3GMQ082PROD with RULES




                                              interference demonstration and                          Regulatory Review
                                                                                                                                                            net regulatory burden for all directly
                                              requested that Shelby County no longer                    This action is not a significant                    regulated small entities.
                                              be subject to the federal RVP standard                  regulatory action and therefore was not
                                              of 7.8 psi for gasoline during the                                                                            E. Unfunded Mandates Reform Act
                                                                                                      submitted to the Office of Management                 (UMRA)
                                              summertime ozone season.                                and Budget (OMB) for review.
                                                 On May 11, 2017, EPA proposed to                                                                             This final rule does not contain an
                                              approve the CAA section 110(l) non-                                                                           unfunded mandate of $100 million or


                                         VerDate Sep<11>2014   16:04 Dec 21, 2017   Jkt 244001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\22DER1.SGM   22DER1


                                              60678            Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations

                                              more as described in UMRA, 2 U.S.C.                     I. Executive Order 13211: Actions                     action is not a ‘‘major rule’’ as defined
                                              1531–1538, and does not significantly or                Concerning Regulations That                           by 5 U.S.C. 804(2).
                                              uniquely affect small governments. The                  Significantly Affect Energy Supply,
                                                                                                                                                            M. Petitions for Judicial Review
                                              action implements mandates that are                     Distribution, or Use
                                              specifically and explicitly set forth in                                                                         Under section 307(b)(1) of the CAA,
                                              CAA section 211(h) without the exercise                   This action is not subject to Executive             petitions for judicial review of this
                                              of any policy discretion by the EPA.                    Order 13211 because it is not a                       action must be filed in the United States
                                                                                                      significant regulatory action under                   Court of Appeals for the appropriate
                                              F. Executive Order 13132: Federalism                    Executive Order 12866.                                circuit by February 20, 2018. Filing a
                                                This action does not have federalism                  J. National Technology Transfer and                   petition for reconsideration by the
                                              implications. It will not have substantial              Advancement Act (NTTAA)                               Administrator of this final rule does not
                                              direct effects on the states, on the                                                                          affect the finality of this action for the
                                              relationship between the national                         This rulemaking does not involve                    purposes of judicial review nor does it
                                              government and the states, or on the                    technical standards.                                  extend the time within which a petition
                                              distribution of power and                                                                                     for judicial review may be filed, and
                                              responsibilities among the various                      K. Executive Order 12898: Federal
                                                                                                      Actions To Address Environmental                      shall not postpone the effectiveness of
                                              levels of government.                                                                                         such rule or action.
                                                                                                      Justice in Minority Populations and
                                              G. Executive Order 13175: Consultation                  Low-Income Populations                                   This action may not be challenged
                                              and Coordination With Indian Tribal                                                                           later in proceedings to enforce its
                                              Governments                                                The EPA believes the human health or               requirements. See CAA section
                                                                                                      environmental risk addressed by this                  307(b)(2).
                                                This action does not have tribal                      action will not have potential
                                              implications, as specified in Executive                                                                       VIII. Legal Authority and Statutory
                                                                                                      disproportionately high and adverse
                                              Order 13175. This final rule will affect                                                                      Provisions
                                                                                                      human health or environmental effects
                                              only those refiners, importers or                                                                                The statutory authority for this action
                                                                                                      on minority, low-income or indigenous
                                              blenders of gasoline that choose to                                                                           is granted to EPA by sections 211(h) and
                                                                                                      populations because it does not affect
                                              produce or import low RVP gasoline for                                                                        301(a) of the Clean Air Act, as amended;
                                                                                                      the applicable ozone NAAQS which
                                              sale in Shelby County and gasoline                                                                            42 U.S.C. 7545(h) and 7601(a).
                                                                                                      establish the level of protection
                                              distributers and retail stations in the
                                                                                                      provided to human health or the                       List of Subjects in 40 CFR Part 80
                                              Area. Thus, Executive Order 13175 does
                                                                                                      environment. This rule relaxes the
                                              not apply to this action.                                                                                       Environmental protection,
                                                                                                      applicable volatility standard of
                                              H. Executive Order 13045: Protection of                 gasoline during the summer. The EPA                   Administrative practice and procedures,
                                              Children From Environmental Health                      has concluded that the relaxation will                Air pollution control, Fuel additives,
                                              Risks and Safety Risks                                  not cause a measurable increase in                    Gasoline, Motor vehicle and motor
                                                 The EPA interprets Executive Order                   ozone concentrations that would result                vehicle engines, Motor vehicle
                                              13045 as applying only to those                         in a violation of any ozone NAAQS                     pollution, Penalties, Reporting and
                                              regulatory actions that concern                         including the 2008 ozone NAAQS and                    recordkeeping requirements.
                                              environmental health or safety risks that               the more stringent 2015 ozone NAAQS.                    Dated: December 15, 2017.
                                              the EPA has reason to believe may                       Therefore, disproportionately high and                E. Scott Pruitt,
                                              disproportionately affect children, per                 adverse human health or environmental                 Administrator.
                                              the definition of ‘‘covered regulatory                  effects on minority or low-income                       For the reasons set out in the
                                              action’’ in section 2–202 of the                        populations are not an anticipated                    preamble, title 40, chapter I of the Code
                                              Executive Order. This action is not                     result. The results of this evaluation are            of Federal Regulations is amended as
                                              subject to Executive Order 13045                        contained in EPA’s proposed and final                 follows:
                                              because it does not concern an                          rules for Tennessee’s non-interference
                                              environmental health risk or safety risk.               demonstration. A copy of Tennessee’s                  PART 80—REGULATION OF FUELS
                                              The EPA has no reason to believe that                   April 12, 2017 letter requesting that the             AND FUEL ADDITIVES
                                              this action will disproportionately affect              EPA relax the gasoline RVP standard,
                                              children since Tennessee has provided                   including the technical analysis                      ■ 1. The authority citation for part 80
                                              evidence that a relaxation of the                       demonstrating that the less stringent                 continues to read as follows:
                                              gasoline RVP will not interfere with its                gasoline RVP would not interfere with                   Authority: 42 U.S.C. 7414, 7521, 7542,
                                              attainment of the ozone NAAQS for                       continued maintenance of the 2008                     7545, and 7601(a).
                                              Shelby County, or any other applicable                  ozone NAAQS in Shelby County, or                      ■ 2. In § 80.27, paragraph (a)(2)(ii) is
                                              CAA requirement. By separate action,                    with any other applicable CAA                         amended in the table by revising the
                                              the EPA has approved Tennessee’s non-                   requirement, has been placed in the                   entry for ‘‘Tennessee’’ and footnote 10
                                              interference demonstration regarding its                public docket for this action.                        to read as follows:
                                              maintenance plan for the 2008 ozone                     L. Congressional Review Act (CRA)
                                              NAAQS, and that Tennessee’s                                                                                   § 80.27 Controls and prohibitions on
                                              relaxation of the gasoline RVP standard                   This action is subject to the CRA, and              gasoline volatility.
                                              in Shelby County to 9.0 RVP will not                    the EPA will submit a rule report to                      (a) * * *
                                              interfere with any other NAAQS or CAA                   each House of the Congress and to the                     (2) * * *
sradovich on DSK3GMQ082PROD with RULES




                                              requirement.                                            Comptroller of the United States. This                    (ii) * * *




                                         VerDate Sep<11>2014   16:04 Dec 21, 2017   Jkt 244001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\22DER1.SGM   22DER1


                                                                    Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations                                                       60679

                                                                                                    APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
                                                                                    State                                                May                   June            July                August   September


                                                      *                             *                                 *                        *                       *                       *              *
                                              Tennessee 10 ........................................................................      9.0                   9.0             9.0                  9.0           9.0

                                                           *                             *                             *                       *                       *                       *              *
                                                       *                    *                  *                   *                  *                   *                    *
                                                1 Standards are expressed in pounds per square inch (psi).
                                                       *                    *                  *                   *                  *                   *                    *
                                                10 The standard for Knox County from June 1 until September 15 in 1992 through June 2, 1994 was 7.8 psi. The standard for the Middle Ten-
                                              nessee Area (Davidson, Rutherford, Sumner, Williamson, and Wilson Counties) from June 1 until September 15 in 1992 through June 7, 2017
                                              was 7.8 psi. The standard in Shelby County (Memphis Area) from June 1 until September 15 in 1992 through 2017 was 7.8 psi.
                                                       *                    *                  *                   *                  *                   *                    *


                                              [FR Doc. 2017–27630 Filed 12–21–17; 8:45 am]                          4, 2017, OMB approved, for a period of                    No person shall be subject to any
                                              BILLING CODE 6560–50–P                                                three years, the information collection                 penalty for failing to comply with a
                                                                                                                    requirements contained in the                           collection of information subject to the
                                                                                                                    Commission’s Report and Order, FCC                      Paperwork Reduction Act that does not
                                              FEDERAL COMMUNICATIONS                                                16–17, published at 81 FR 57473,                        display a current, valid OMB Control
                                              COMMISSION                                                            August 23, 2016. The OMB Control                        Number. The OMB Control Number is
                                                                                                                    Number is 3060–0761. The Commission                     3060–0761.
                                              47 CFR Part 79                                                        publishes this notification as an                         The foregoing notice is required by
                                                                                                                    announcement of the effective date of                   the Paperwork Reduction Act of 1995,
                                              [CG Docket No. 05–231; FCC 16–17]                                     the rules. If you have any comments on                  Public Law 104–13, October 1, 1995,
                                                                                                                    the burden estimates listed below, or                   and 44 U.S.C. 3507.
                                              Closed Captioning of Video                                                                                                      The total annual reporting burdens
                                                                                                                    how the Commission can improve the
                                              Programming; Telecommunications for                                                                                           and costs for the respondents are as
                                                                                                                    collections and reduce any burdens
                                              the Deaf and Hard of Hearing, Inc.,                                                                                           follows:
                                                                                                                    caused thereby, please contact Cathy
                                              Petition for Rulemaking                                                                                                         OMB Control Number: 3060–0761.
                                                                                                                    Williams, Federal Communications
                                              AGENCY:   Federal Communications                                      Commission, Room 1–C823, 445 12th                         OMB Approval Date: December 4,
                                              Commission.                                                           Street SW, Washington, DC 20554.                        2017.
                                              ACTION: Final rule; announcement of                                   Please include the OMB Control                            OMB Expiration Date: December 31,
                                              effective date.                                                       Number, 3060–0761, in your                              2020.
                                                                                                                    correspondence. The Commission will                       Title: Section 79.1, Closed Captioning
                                              SUMMARY:   In this document, the                                      also accept your comments via the                       of Video Programming, CG Docket No.
                                              Commission announces that the Office                                  internet if you send them to PRA@                       05–231.
                                              of Management and Budget (OMB) has                                    fcc.gov.                                                  Form Number: N/A.
                                              approved, for a period of three years, the                               To request materials in accessible                     Type of Review: Revision of a
                                              information collection associated with                                formats for people with disabilities                    currently approved collection.
                                              rules adopted in the Commission’s                                     (Braille, large print, electronic files,                  Respondents: Business or other for-
                                              document Closed Captioning of Video                                   audio format), send an email to fcc504@                 profit; Individuals or households; and
                                              Programming; Telecommunications for                                   fcc.gov or call the Consumer and                        Not-for-profit entities.
                                              the Deaf and Hard of Hearing, Inc.,                                   Governmental Affairs Bureau at (202)                      Number of Respondents and
                                              Petition for Rulemaking, Second Report                                418–0530 (voice), (844) 432–2275                        Responses: 59,995 respondents; 512,831
                                              and Order (Second Report and Order).                                  (videophone), or (202) 418–0432 (TTY).                  responses.
                                              This document is consistent with the                                                                                            Estimated Time per Response: 0.25
                                                                                                                    Synopsis                                                (15 minutes) to 60 hours.
                                              Second Report and Order, which stated
                                              that the Commission would publish a                                      As required by the Paperwork                           Frequency of Response: Annual
                                              document in the Federal Register                                      Reduction Act of 1995 (44 U.S.C. 3507),                 reporting requirements; Third party
                                              announcing the effective date of those                                the FCC is notifying the public that it                 disclosure requirement; Recordkeeping
                                              sections.                                                             received OMB approval on December 4,                    requirement.
                                                                                                                    2017, for the information collection                      Obligation to Respond: Required to
                                              DATES:  The stay on 47 CFR 79.1(g)(3) is                              requirements contained in 47 CFR                        obtain or retain benefits. The statutory
                                              lifted effective December 22, 2017. Title                             79.1(g)(1) through (9) and (i)(1) through               authority for this obligation is found at
                                              47 CFR 79.1(g)(1) through (9) and (i)(1)                              (2), and the removal of 47 CFR 79.1(j)(4),              section 713 of the Communications Act
                                              through (2), and the removal of 47 CFR                                published at 81 FR 57473, August 23,                    of 1934, as amended, 47 U.S.C. 613, and
                                              79.1(j)(4), published at 81 FR 57473,                                 2016. Title 47 CFR 79.1(i)(3), (j)(1),                  implemented at 47 CFR 79.1.
                                              August 23, 2016, are effective December                               (k)(1)(iv), and (m) will become effective                 Total Annual Burden: 702,562 hours.
                                              22, 2017.                                                             at a later time and the Commission will                   Total Annual Cost: $35,638,596.
sradovich on DSK3GMQ082PROD with RULES




                                              FOR FURTHER INFORMATION CONTACT: Eliot                                publish another document in the                           Nature and Extent of Confidentiality:
                                              Greenwald, Disability Rights Office,                                  Federal Register announcing the                         Confidentiality is an issue to the extent
                                              Consumer and Governmental Affairs                                     effective date of those sections.                       that individuals and households
                                              Bureau, at (202) 418–2235, or email:                                     Under 5 CFR part 1320, an agency                     provide personally identifiable
                                              Eliot.Greenwald@fcc.gov.                                              may not conduct or sponsor a collection                 information, which is covered under the
                                              SUPPLEMENTARY INFORMATION: This                                       of information unless it displays a                     FCC’s system of records notice (SORN),
                                              document announces that, on December                                  current, valid OMB Control Number.                      FCC/CGB–1, ‘‘Informal Complaints,


                                         VerDate Sep<11>2014        16:04 Dec 21, 2017       Jkt 244001      PO 00000      Frm 00007   Fmt 4700    Sfmt 4700   E:\FR\FM\22DER1.SGM    22DER1



Document Created: 2017-12-22 00:33:38
Document Modified: 2017-12-22 00:33:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on January 22, 2018.
ContactDavid Dickinson, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202)
FR Citation82 FR 60675 
RIN Number2060-AT69
CFR AssociatedEnvironmental 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

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR