83_FR_53790 83 FR 53584 - Approval of Louisiana's Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Standard for the Baton Rouge Area

83 FR 53584 - Approval of Louisiana's Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Standard for the Baton Rouge Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 206 (October 24, 2018)

Page Range53584-53588
FR Document2018-23247

The Environmental Protection Agency (EPA) is taking final action to approve a request from Louisiana for EPA to relax the federal Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for the Louisiana parishes of East Baton Rouge, West Baton Rouge, Livingston, Ascension, and Iberville (the Baton Rouge Area). Specifically, EPA is approving amendments to the regulations to allow the gasoline RVP standard for the Baton Rouge Area to change 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 83 Issue 206 (Wednesday, October 24, 2018)
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Rules and Regulations]
[Pages 53584-53588]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23247]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2018-0172; FRL 9985-76-OAR]
RIN 2060-AT91


Approval of Louisiana's Request To Relax the Federal Reid Vapor 
Pressure (RVP) Gasoline Standard for the Baton Rouge Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a request from Louisiana for EPA to relax the federal 
Reid Vapor Pressure (RVP) standard applicable to gasoline introduced 
into commerce from June 1 to September 15 of each year for the 
Louisiana parishes of East Baton Rouge, West Baton Rouge, Livingston, 
Ascension, and Iberville (the Baton Rouge Area). Specifically, EPA is 
approving amendments to the regulations to allow the gasoline RVP

[[Page 53585]]

standard for the Baton Rouge Area to change 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 November 23, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2018-0172. All documents in the docket are listed on the 
https://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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of 
Transportation and Air Quality, 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, 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. Louisiana's Request To Relax the Federal Gasoline RVP Requirement 
for the Baton Rouge Area
VI. Response to Comments
VII. Final Action
VIII. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and 
distributors involved in supplying gasoline to the Baton Rouge Area.

------------------------------------------------------------------------
                                                               NAICS \1\
          Examples of potentially regulated entities             codes
------------------------------------------------------------------------
Petroleum Refineries.........................................     324110
Gasoline Marketers and Distributors..........................     424710
                                                                  424720
Gasoline Retail Stations.....................................     447110
Gasoline Transporters........................................     484220
                                                                  484230
------------------------------------------------------------------------

    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. 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, call the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this preamble.
---------------------------------------------------------------------------

    \1\ North American Industry Classification System.
---------------------------------------------------------------------------

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 Clean Air Act (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 Louisiana to 
change the federal Reid Vapor Pressure (RVP) summertime fuel standard 
for the parishes of East Baton Rouge, West Baton Rouge, Livingston, 
Ascension, and Iberville (the Baton Rouge Area) from 7.8 psi to 9.0 psi 
by amending EPA's regulations at 40 CFR 80.27(a)(2). This action 
finalizes EPA's June 14, 2018 proposal (83 FR 27740) which was subject 
to public notice and comment.
    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 
Louisiana's request for the five parishes addressed by this action; 
Section VI provides a response to the comments EPA received; and 
Section VII presents the final action in response to Louisiana'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 (VOC), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function (thereby aggravating asthma 
and other respiratory conditions) and 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 that 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 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 
National Ambient Air Quality Standard (NAAQS)).
    The 1990 CAA Amendments established a new CAA 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

[[Page 53586]]

section 211(h). The modified regulations prohibited the sale of 
gasoline with an RVP above 9.0 psi in all areas designated attainment 
for ozone, effective January 13, 1992. For areas designated as 
nonattainment, the regulations retained the original Phase II standards 
published on June 11, 1990 (55 FR 23658), which included the 7.8 psi 
ozone season limitation for certain areas. As stated in the preamble to 
the Phase II volatility controls and reiterated in the proposed change 
to the volatility standards published in 1991, 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 Louisiana initiated the change being finalized in this 
action by requesting that EPA relax the 7.8 psi RVP standard to 9.0 psi 
for the parishes of East Baton Rouge, West Baton Rouge, Livingston, 
Ascension, and Iberville. See Section V of this preamble for 
information specific to Louisiana's request.

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

    As stated in the preamble for EPA's amended Phase II volatility 
standards (56 FR 64706, December 12, 1991), any change in the gasoline 
volatility standard for a nonattainment area that was subsequently 
redesignated as an attainment area must be accomplished through a 
separate rulemaking that revises the applicable standard for that area. 
Thus, for former 1-hour ozone nonattainment areas where EPA mandated a 
Phase II volatility standard of 7.8 psi RVP in the December 12, 1991 
rulemaking, the federal 7.8 psi gasoline RVP requirement remains in 
effect, even after such an area is redesignated to attainment, until a 
separate rulemaking is completed that relaxes the federal gasoline RVP 
standard in that area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, EPA believes that 
relaxation of an applicable gasoline RVP standard is best accomplished 
in conjunction with the redesignation process. In order for an ozone 
nonattainment area to be redesignated as an attainment area, CAA 
section 107(d)(3) requires the state to make a showing, pursuant to CAA 
section 175A, that the area is capable of maintaining attainment for 
the ozone NAAQS for ten years. Depending on the area's circumstances, 
this maintenance plan will either demonstrate that the area is capable 
of maintaining attainment for ten years without the more stringent 
volatility standard or that the more stringent volatility standard may 
be necessary for the area to maintain its attainment with the ozone 
NAAQS. Therefore, in the context of a request for redesignation, EPA 
will not relax the gasoline volatility standard unless the state 
requests a relaxation and the maintenance plan demonstrates that the 
area will maintain attainment for ten years without the need for the 
more stringent volatility standard. Similarly, a maintenance plan may 
be revised to relax the gasoline volatility standard if the state 
requests a relaxation and the maintenance plan demonstrates that the 
area will maintain attainment for its duration.

V. Louisiana's Request To Relax the Federal Gasoline RVP Requirement 
for the Baton Rouge Area

    On April 10, 2017, the Louisiana Department of Environmental 
Quality (LDEQ) submitted a request to relax the federal gasoline RVP 
requirement in 16 parishes throughout the State, including the five 
parishes making up the Baton Rouge Area.\2\ Louisiana did not request 
relaxation of the federal RVP standard from 7.8 psi to 9.0 psi when 
LDEQ originally submitted the CAA section 175A maintenance plan for the 
Baton Rouge Area for the 2008 ozone NAAQS that was approved on December 
27, 2016 (81 FR 95051). Therefore, LDEQ was required to revise the 
approved maintenance plan and to submit a CAA section 110(l) non-
interference demonstration for the Baton Rouge Area to support the 
request to relax the federal RVP standard. Because of this, action on 
the Baton Rouge Area was deferred until LDEQ submitted (and EPA 
approved) a maintenance plan revision and CAA section 110(l) non-
interference demonstration showing that the relaxation would not 
interfere with maintenance of the 2008 and 2015 ozone NAAQS or with any 
other applicable CAA requirement.
---------------------------------------------------------------------------

    \2\ EPA approved the State's request to relax the federal RVP 
standard for 11 of the parishes on December 26, 2017 (82 FR 60886).
---------------------------------------------------------------------------

    On January 30, 2018, Louisiana submitted a CAA section 175A 
maintenance plan revision and section 110(l) non-interference 
demonstration to EPA. EPA finalized its approval of the maintenance 
plan revision and demonstration on May 25, 2018 (83 FR 24226). The 
final approval was effective on June 25, 2018. As part of the 
rulemaking on Louisiana's submission, EPA included a detailed 
evaluation of the CAA section 175A maintenance plan revision and the 
CAA section 110(l) demonstration.

VI. Response to Comments

    EPA received three comments on its June 14, 2018 proposal to relax 
the federal RVP standard from 7.8 psi to 9.0 psi for the Baton Rouge 
Area. Two of these comments were related to the proposal, and EPA has 
responded to them below. EPA also received an anonymous comment that 
was not related to any of the issues addressed in the proposal.
    Comment: An organization representing the Louisiana oil and gas 
industry provided comments in support of the proposed relaxation of 
federal RVP standard in the Baron Rouge Area from 7.8 to 9.0 psi.
    Response: EPA acknowledges that the commenter supported the 
proposal.
    Comment: A commenter questioned the Agency's use of the statement 
that EPA ``preliminarily determined'' that relaxing RVP in Baton Rouge 
is appropriate.
    Response: EPA qualified the word ``determined'' with the word 
``preliminarily'' in order to indicate that we were proposing to relax 
the federal RVP standard in the Baton Rouge Area based on the findings 
associated with May 25, 2018 final rule, which approved Louisiana's 
maintenance plan revision and CAA section 110(l) non-interference 
demonstration. However, the June 14, 2018 notice of proposed rulemaking 
solicited public comments on whether relaxing the federal RVP standard 
should be approved. As such, EPA indicated in its proposal that a final 
determination that relaxing RVP in Baton Rouge is appropriate would not 
be made until EPA had accepted and responded to any relevant comments 
in the context of a final decision on the record. EPA is now making 
that final determination in this final rule and is relaxing the federal 
RVP standard from 7.8 psi to 9.0 psi.

VII. Final Action

    EPA is taking final action to approve Louisiana's request for the 
Agency to relax the federal RVP standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year for 
the parishes of East Baton Rouge, West Baton Rouge, Livingston, 
Ascension, and Iberville. Specifically, this action revises the 
applicable federal RVP standard from 7.8 psi to 9.0 psi provided at 40 
CFR 80.27(a)(2) for the Baton Rouge Area. This approval is based on 
Louisiana's April 10, 2017 request and EPA's final determination in its 
May 25, 2018 final rule, that the State, as required by CAA

[[Page 53587]]

section 110(l), made an adequate demonstration to show that removal of 
this federal requirement would not interfere with maintenance of the 
2008 ozone NAAQS in the Baton Rouge Area and is consistent with other 
CAA requirements including attainment of the 2015 ozone NAAQS.

VIII. 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'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
therefore was not submitted to the Office of Management and Budget 
(OMB) for review.

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

    This action is considered an Executive Order 13771 deregulatory 
action. This rule provides meaningful burden reduction because it 
relaxes the federal RVP standard for gasoline, and as a result, fuel 
suppliers will no longer be required to provide the lower, 7.8 psi RVP 
gasoline in the five parishes during the summer months. Relaxing the 
federal volatility requirements is also beneficial because this action 
can improve the fungibility of gasoline sold in Louisiana by allowing 
the gasoline sold in the Baton Rouge Area to be identical to the fuel 
sold in the remainder of the state.

C. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., and therefore is not subject to these requirements.

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 
Louisiana, and gasoline distributers and retail stations in Louisiana. 
This action relaxes the federal RVP standard for gasoline sold in 
Louisiana's Baton Rouge Area during the summertime ozone season to 
allow the RVP for gasoline sold in these parishes 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. Therefore, this 
action will have no net regulatory burden for all directly regulated 
small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This rule does not contain an unfunded mandate of $100 million or 
more as described in the 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 
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 (65 FR 67249, November 9, 2000). This rule 
affects only those refiners, importers, or blenders of gasoline that 
choose to produce or import low RVP gasoline for sale in the Baton 
Rouge Area 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

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. EPA has no reason to believe that this action may 
disproportionately affect children since Louisiana has provided 
evidence that a relaxation of the federal gasoline RVP standard will 
not interfere with its attainment of the ozone NAAQS for the Baton 
Rouge Area, or any other applicable CAA requirement. By separate 
action, EPA has finalized its approval of Louisiana's revised 
maintenance plan for the 2008 ozone NAAQS, including the state's non-
interference demonstration that relaxation of the gasoline RVP standard 
in the Baton Rouge Area 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 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

    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. Louisiana has demonstrated in its non-interference 
demonstration that this action will not interfere with maintenance of 
the ozone NAAQS in the Baton Rouge Area for the 2008 ozone NAAQS, or 
with any other applicable requirement of the CAA. 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 
rulemaking for Louisiana's non-interference demonstration (83 FR 24226, 
May 25, 2018). A copy of Louisiana's April 10, 2017 letter requesting 
that EPA relax the gasoline RVP standard and the State's January 29, 
2018 technical analysis demonstrating that the less stringent gasoline 
RVP will not interfere with continued maintenance of the 2008 ozone 
NAAQS in the Baton Rouge Area, or with any other applicable CAA

[[Page 53588]]

requirement, have 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 General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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: October 15, 2018.
Andrew R. Wheeler,
Acting Administrator.
    For the reasons set forth in the preamble, EPA amends 40 CFR part 
80 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. Section 80.27, paragraph (a)(2)(ii) is amended in the table by 
revising the entry for ``Louisiana'' and adding footnote 12 to read as 
follows:


Sec.  80.27  Controls and prohibitions on gasoline volatility.

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

                               Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
              State                     May            June            July           August         September
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Louisiana4 11 12................             9.0             9.0             9.0             9.0             9.0
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
 * * * * * * *
\4\ The standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
 * * * * * * *
\11\ The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans,
  Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary from June 1 until September 15 in 1992
  through 2017 was 7.8 psi.
\12\ The standard for the Louisiana parishes of East Baton Rouge, West Baton Rouge, Livingston, Ascension, and
  Iberville from June 1 until September 15 in 1992 through 2018 was 7.8 psi.

* * * * *
[FR Doc. 2018-23247 Filed 10-23-18; 8:45 am]
 BILLING CODE 6560-50-P



                                           53584            Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Rules and Regulations

                                           stated that ‘‘To the maximum extent                        Dated: October 9, 2018.                                The drawspan will be secured in the
                                           permitted by law, the Secretary and the                  Seema Verma,                                          closed-to-navigation position from 6
                                           heads of all other executive departments                 Administrator, Centers for Medicare &                 a.m. to 3 p.m. on November 6, 2018, to
                                           and agencies with authorities and                        Medicaid Services.                                    allow the bridge owner to perform
                                           responsibilities under the Act, shall                      Dated: October 12, 2018.                            necessary preventative maintenance on
                                           exercise all authority and discretion                    Alex M. Azar II,                                      the center lens of the drawspan. This
                                           available to them to provide greater                     Secretary, Department of Health and Human             temporary deviation has been
                                           flexibility to states and cooperate with                 Services.                                             coordinated with the waterway users.
                                           them in implementing healthcare                            Dated: October 10, 2018.                            No objections to the proposed
                                           programs.’’ In the spirit of this E.O., the              David J. Kautter,                                     temporary deviation were raised.
                                                                                                    Assistant Secretary for Tax Policy,
                                                                                                                                                             Vessels able to pass through the
                                           Departments are seeking to reduce
                                                                                                    Department of Treasury.                               bridge in the closed position may do so
                                           burdens that may impede a state’s
                                                                                                    [FR Doc. 2018–23182 Filed 10–22–18; 11:15 am]
                                                                                                                                                          at anytime. The bridge will not be able
                                           efforts to implement innovative changes                                                                        to open for emergencies and there is no
                                           and improvements to their health care                    BILLING CODE P
                                                                                                                                                          immediate alternate route for vessels to
                                           market while remaining consistent with                                                                         pass. The Coast Guard will also inform
                                           the statute. We believe that the                                                                               the users of the waterway through our
                                           reduction in these burdens will lead to                  DEPARTMENT OF HOMELAND                                Local and Broadcast Notices to Mariners
                                           more affordable health coverage for                      SECURITY                                              of the change in the operating schedule
                                           individuals and families.                                                                                      for the bridge so that vessel operators
                                                                                                    Coast Guard
                                              Final regulations at 31 CFR part 33                                                                         can arrange their transits to minimize
                                           and 45 CFR part 155 Subpart N remain                     33 CFR Part 117                                       any impact caused by the temporary
                                           in effect and require a state to provide                                                                       deviation.
                                                                                                    [Docket No. USCG–2018–0965]                              In accordance with 33 CFR 117.35(e),
                                           actuarial analyses and actuarial
                                           certifications, economic analyses, data                                                                        the drawbridge must return to its regular
                                                                                                    Drawbridge Operation Regulation;                      operating schedule immediately at the
                                           and assumptions, targets, an                             Sacramento River, Sacramento, CA                      end of the effective period of this
                                           implementation timeline, and other
                                                                                                    AGENCY: Coast Guard, DHS.                             temporary deviation. This deviation
                                           necessary information to support the
                                                                                                    ACTION:Notice of deviation from                       from the operating regulations is
                                           state’s estimates that the proposed
                                                                                                    drawbridge regulation.                                authorized under 33 CFR 117.35.
                                           waiver will comply with these
                                           requirements.21 The May 11, 2017,                                                                                Dated: October 18, 2018.
                                                                                                    SUMMARY:   The Coast Guard has issued a
                                           Checklist for Section 1332 State                                                                               Carl T. Hausner,
                                                                                                    temporary deviation from the operating
                                           Innovation Waiver Applications,                          schedule that governs the I Street                    District Bridge Chief, Eleventh Coast Guard
                                           including specific items applicable to                                                                         District.
                                                                                                    Drawbridge across the Sacramento
                                           High-Risk Pool/State-Operated                                                                                  [FR Doc. 2018–23136 Filed 10–23–18; 8:45 am]
                                                                                                    River, mile 59.4, at Sacramento, CA. The
                                           Reinsurance Program Applications,                        deviation is necessary to allow the                   BILLING CODE 9110–04–P

                                           remains available to assist states in                    bridge owner to conduct preventative
                                           assembling an application for a section                  maintenance. This deviation allows the
                                           1332 waiver. The Departments will                        bridge to remain in the closed-to-                    ENVIRONMENTAL PROTECTION
                                           apply the regulations and statutory                      navigation position.                                  AGENCY
                                           requirements when reviewing state                        DATES: This deviation is effective from
                                                                                                                                                          40 CFR Part 80
                                           applications for section 1332 waivers                    6 a.m. to 3 p.m. on November 6, 2018.
                                           and will work to provide states with the                 ADDRESSES: The docket for this                        [EPA–HQ–OAR–2018–0172; FRL 9985–76–
                                           flexibility they need to be innovative                   deviation, USCG–2018–0965, is                         OAR]
                                           and respond to the needs in their state.                 available at http://www.regulations.gov.              RIN 2060–AT91
                                                                                                    Type the docket number in the
                                           XII. Collection of Information                           ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                  Approval of Louisiana’s Request To
                                           Requirements                                             Click on Open Docket Folder on the line               Relax the Federal Reid Vapor Pressure
                                             This document does not impose new                      associated with this deviation.                       (RVP) Gasoline Standard for the Baton
                                                                                                    FOR FURTHER INFORMATION CONTACT: If                   Rouge Area
                                           information collection requirements,
                                           that is, reporting, recordkeeping or                     you have questions on this temporary                  AGENCY:  Environmental Protection
                                           third-party disclosure requirements.                     deviation, call or email Carl T. Hausner,             Agency (EPA).
                                           Consequently, there is no need for                       Chief, Bridge Section, Eleventh Coast
                                                                                                                                                          ACTION: Final rule.
                                                                                                    Guard District; telephone 510–437–
                                           review by the Office of Management and
                                                                                                    3516, email Carl.T.Hausner@uscg.mil.                  SUMMARY:   The Environmental Protection
                                           Budget under the authority of the
                                                                                                    SUPPLEMENTARY INFORMATION: The Union                  Agency (EPA) is taking final action to
                                           Paperwork Reduction Act of 1995 (44
                                                                                                    Pacific Railroad Company has requested                approve a request from Louisiana for
                                           U.S.C. Chapter 35).
                                                                                                    a temporary change to the operation of                EPA to relax the federal Reid Vapor
                                                                                                    the I Street Drawbridge, mile 59.4, over              Pressure (RVP) standard applicable to
                                                                                                    the Sacramento River, at Sacramento,                  gasoline introduced into commerce from
                                                                                                    CA. The drawbridge navigation span                    June 1 to September 15 of each year for
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                                                                                                    provides a vertical clearance of 30 feet              the Louisiana parishes of East Baton
                                                                                                    above Mean High Water in the closed-                  Rouge, West Baton Rouge, Livingston,
                                             21 ‘‘Application, Review, and Reporting Process        to-navigation position. The draw                      Ascension, and Iberville (the Baton
                                           for Waivers for State Innovation Final Rule.’’           operates as required by 33 CFR                        Rouge Area). Specifically, EPA is
                                           February 27, 2012. Available at: http://www.gpo.         117.189(a). Navigation on the waterway                approving amendments to the
                                           gov/fdsys/pkg/FR-2012-02-27/pdf/2012-4395.pdf.           is commercial and recreational.                       regulations to allow the gasoline RVP


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                                                            Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Rules and Regulations                                                    53585

                                           standard for the Baton Rouge Area to                      Examples of potentially regulated                     NAICS 1    III. History of the Gasoline Volatility
                                           change from 7.8 pounds per square inch                                entities                                   codes     Requirement
                                           (psi) to 9.0 psi. EPA has determined that                                                                                     On August 19, 1987 (52 FR 31274),
                                           this change to the federal RVP                           Gasoline Marketers and Distribu-
                                                                                                     tors ............................................       424710   EPA determined that gasoline
                                           regulation is consistent with the                                                                                          nationwide was becoming increasingly
                                                                                                                                                             424720
                                           applicable provisions of the Clean Air                                                                                     volatile, causing an increase in
                                                                                                    Gasoline Retail Stations ...............                 447110
                                           Act (CAA).                                                                                                                 evaporative emissions from gasoline-
                                                                                                    Gasoline Transporters ..................                 484220
                                           DATES: This final rule is effective on                                                                            484230   powered vehicles and equipment.
                                           November 23, 2018.                                                                                                         Evaporative emissions from gasoline,
                                           ADDRESSES: EPA has established a                                                                                           referred to as volatile organic
                                                                                                       The above table is not intended to be
                                           docket for this action under Docket ID                                                                                     compounds (VOC), are precursors to the
                                                                                                    exhaustive, but rather provides a guide
                                           No. EPA–HQ–OAR–2018–0172. All                                                                                              formation of tropospheric ozone and
                                                                                                    for readers regarding entities likely to be
                                           documents in the docket are listed on                                                                                      contribute to the nation’s ground-level
                                                                                                    regulated by this action. The table lists
                                           the https://www.regulations.gov                                                                                            ozone problem. Exposure to ground-
                                           website. Although listed in the index,                   the types of entities of which EPA is
                                                                                                                                                                      level ozone can reduce lung function
                                           some information may not be publicly                     aware that potentially could be affected
                                                                                                                                                                      (thereby aggravating asthma and other
                                           available, e.g., Confidential Business                   by this rule. Other types of entities not                         respiratory conditions) and increase
                                           Information (CBI) or other information                   listed on the table could also be                                 susceptibility to respiratory infection,
                                           whose disclosure is restricted by statute.               affected. To determine whether your                               and may contribute to premature death
                                           Certain other material, such as                          organization could be affected by this                            in people with heart and lung disease.
                                           copyrighted material, is not placed on                   rule, you should carefully examine the                               The most common measure of fuel
                                           the internet and will be publicly                        regulations in 40 CFR 80.27. If you have                          volatility that is useful in evaluating
                                           available only in hard copy form.                        questions regarding the applicability of                          gasoline evaporative emissions is RVP.
                                           Publicly available docket materials are                  this action to a particular entity, call the                      Under CAA section 211(c), EPA
                                           available electronically through https://                person listed in the FOR FURTHER                                  promulgated regulations on March 22,
                                           www.regulations.gov.                                     INFORMATION CONTACT section of this                               1989 (54 FR 11868) that set maximum
                                           FOR FURTHER INFORMATION CONTACT:                         preamble.                                                         limits for the RVP of gasoline sold
                                           David Dickinson, Office of                                                                                                 during the regulatory control periods
                                                                                                    B. What is EPA’s authority for taking
                                           Transportation and Air Quality,                                                                                            that were established on a state-by-state
                                                                                                    this action?                                                      basis in that final rule. The regulatory
                                           Environmental Protection Agency, 1200
                                           Pennsylvania Avenue Washington, DC                          The statutory authority for this action                        control periods addressed the portion of
                                           20460; telephone number: (202) 343–                      is granted to EPA by sections 211(h) and                          the year when peak ozone
                                           9256; email address: dickinson.david@                    301(a) of the Clean Air Act (CAA), as                             concentrations were expected. These
                                           epa.gov, or Rudolph Kapichak, Office of                  amended; 42 U.S.C. 7545(h) and                                    regulations constituted Phase I of a two-
                                           Transportation and Air Quality,                          7601(a).                                                          phase nationwide program, which was
                                           Environmental Protection Agency, 2000                                                                                      designed to reduce the volatility of
                                           Traverwood Drive, Ann Arbor, MI                          II. Action Being Taken                                            gasoline during the high ozone season.
                                           48105; telephone number: (734) 214–                                                                                        On June 11, 1990 (55 FR 23658), EPA
                                           4574; email address: kapichak.rudolph@                      This final rule approves a request                             promulgated more stringent volatility
                                           epa.gov.                                                 from the state of Louisiana to change the                         controls as Phase II of the volatility
                                           SUPPLEMENTARY INFORMATION: The
                                                                                                    federal Reid Vapor Pressure (RVP)                                 control program. These requirements
                                           contents of this preamble are listed in                  summertime fuel standard for the                                  established maximum RVP standards of
                                           the following outline:                                   parishes of East Baton Rouge, West                                9.0 psi or 7.8 psi (depending on the
                                                                                                    Baton Rouge, Livingston, Ascension,                               state, the month, and the area’s initial
                                           I. General Information                                   and Iberville (the Baton Rouge Area)
                                           II. Action Being Taken                                                                                                     ozone attainment designation with
                                           III. History of the Gasoline Volatility                  from 7.8 psi to 9.0 psi by amending                               respect to the 1-hour ozone National
                                                 Requirement                                        EPA’s regulations at 40 CFR 80.27(a)(2).                          Ambient Air Quality Standard
                                           IV. EPA’s Policy Regarding Relaxation of                 This action finalizes EPA’s June 14,                              (NAAQS)).
                                                 Gasoline Volatility Standards in Ozone             2018 proposal (83 FR 27740) which was                                The 1990 CAA Amendments
                                                 Nonattainment Areas That Are                       subject to public notice and comment.                             established a new CAA section 211(h) to
                                                 Redesignated as Attainment Areas                                                                                     address fuel volatility. CAA section
                                           V. Louisiana’s Request To Relax the Federal                 The preamble for this rulemaking is
                                                                                                    organized as follows: Section III                                 211(h) requires EPA to promulgate
                                                 Gasoline RVP Requirement for the Baton
                                                                                                                                                                      regulations making it unlawful to sell,
                                                 Rouge Area                                         provides the history of the federal
                                           VI. Response to Comments                                                                                                   offer for sale, dispense, supply, offer for
                                                                                                    gasoline volatility regulation; Section IV
                                           VII. Final Action                                                                                                          supply, transport, or introduce into
                                                                                                    describes the policy regarding relaxation
                                           VIII. Statutory and Executive Order Reviews                                                                                commerce gasoline with an RVP level in
                                                                                                    of volatility standards in ozone
                                                                                                                                                                      excess of 9.0 psi during the high ozone
                                           I. General Information                                   nonattainment areas that are                                      season. CAA section 211(h) also
                                                                                                    redesignated as attainment areas;                                 prohibits EPA from establishing a
                                           A. Does this action apply to me?
                                                                                                    Section V provides information specific                           volatility standard more stringent than
                                             Entities potentially affected by this                  to Louisiana’s request for the five                               9.0 psi in an attainment area, except that
                                           rule are fuel producers and distributors                 parishes addressed by this action;                                EPA may impose a lower (more
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                                           involved in supplying gasoline to the                    Section VI provides a response to the                             stringent) standard in any former ozone
                                           Baton Rouge Area.                                        comments EPA received; and Section                                nonattainment area redesignated to
                                                                                                    VII presents the final action in response                         attainment.
                                            Examples of potentially regulated          NAICS 1
                                                        entities                        codes       to Louisiana’s request.                                              On December 12, 1991 (56 FR 64704),
                                                                                                                                                                      EPA modified the Phase II volatility
                                           Petroleum Refineries ....................     324110       1 North   American Industry Classification System.              regulations to be consistent with CAA


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                                           53586            Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Rules and Regulations

                                           section 211(h). The modified regulations                 attainment for ten years without the                  plan revision and the CAA section
                                           prohibited the sale of gasoline with an                  more stringent volatility standard or that            110(l) demonstration.
                                           RVP above 9.0 psi in all areas                           the more stringent volatility standard
                                                                                                                                                          VI. Response to Comments
                                           designated attainment for ozone,                         may be necessary for the area to
                                           effective January 13, 1992. For areas                    maintain its attainment with the ozone                   EPA received three comments on its
                                           designated as nonattainment, the                         NAAQS. Therefore, in the context of a                 June 14, 2018 proposal to relax the
                                           regulations retained the original Phase II               request for redesignation, EPA will not               federal RVP standard from 7.8 psi to 9.0
                                           standards published on June 11, 1990                     relax the gasoline volatility standard                psi for the Baton Rouge Area. Two of
                                           (55 FR 23658), which included the 7.8                    unless the state requests a relaxation                these comments were related to the
                                           psi ozone season limitation for certain                  and the maintenance plan demonstrates                 proposal, and EPA has responded to
                                           areas. As stated in the preamble to the                  that the area will maintain attainment                them below. EPA also received an
                                           Phase II volatility controls and                         for ten years without the need for the                anonymous comment that was not
                                           reiterated in the proposed change to the                 more stringent volatility standard.                   related to any of the issues addressed in
                                           volatility standards published in 1991,                  Similarly, a maintenance plan may be                  the proposal.
                                           EPA will rely on states to initiate                      revised to relax the gasoline volatility                 Comment: An organization
                                           changes to their respective volatility                   standard if the state requests a                      representing the Louisiana oil and gas
                                           programs. EPA’s policy for approving                     relaxation and the maintenance plan                   industry provided comments in support
                                           such changes is described below in                       demonstrates that the area will maintain              of the proposed relaxation of federal
                                           Section IV of this preamble.                             attainment for its duration.                          RVP standard in the Baron Rouge Area
                                              The state of Louisiana initiated the                                                                        from 7.8 to 9.0 psi.
                                           change being finalized in this action by                 V. Louisiana’s Request To Relax the                      Response: EPA acknowledges that the
                                           requesting that EPA relax the 7.8 psi                    Federal Gasoline RVP Requirement for                  commenter supported the proposal.
                                           RVP standard to 9.0 psi for the parishes                 the Baton Rouge Area                                     Comment: A commenter questioned
                                           of East Baton Rouge, West Baton Rouge,                                                                         the Agency’s use of the statement that
                                                                                                      On April 10, 2017, the Louisiana                    EPA ‘‘preliminarily determined’’ that
                                           Livingston, Ascension, and Iberville.
                                                                                                    Department of Environmental Quality                   relaxing RVP in Baton Rouge is
                                           See Section V of this preamble for
                                                                                                    (LDEQ) submitted a request to relax the               appropriate.
                                           information specific to Louisiana’s
                                                                                                    federal gasoline RVP requirement in 16                   Response: EPA qualified the word
                                           request.
                                                                                                    parishes throughout the State, including              ‘‘determined’’ with the word
                                           IV. EPA’s Policy Regarding Relaxation                    the five parishes making up the Baton                 ‘‘preliminarily’’ in order to indicate that
                                           of Gasoline Volatility Standards in                      Rouge Area.2 Louisiana did not request                we were proposing to relax the federal
                                           Ozone Nonattainment Areas That Are                       relaxation of the federal RVP standard                RVP standard in the Baton Rouge Area
                                           Redesignated as Attainment Areas                         from 7.8 psi to 9.0 psi when LDEQ                     based on the findings associated with
                                              As stated in the preamble for EPA’s                   originally submitted the CAA section                  May 25, 2018 final rule, which
                                           amended Phase II volatility standards                    175A maintenance plan for the Baton                   approved Louisiana’s maintenance plan
                                           (56 FR 64706, December 12, 1991), any                    Rouge Area for the 2008 ozone NAAQS                   revision and CAA section 110(l) non-
                                           change in the gasoline volatility                        that was approved on December 27,                     interference demonstration. However,
                                           standard for a nonattainment area that                   2016 (81 FR 95051). Therefore, LDEQ                   the June 14, 2018 notice of proposed
                                           was subsequently redesignated as an                      was required to revise the approved                   rulemaking solicited public comments
                                           attainment area must be accomplished                     maintenance plan and to submit a CAA                  on whether relaxing the federal RVP
                                           through a separate rulemaking that                       section 110(l) non-interference                       standard should be approved. As such,
                                           revises the applicable standard for that                 demonstration for the Baton Rouge Area                EPA indicated in its proposal that a
                                           area. Thus, for former 1-hour ozone                      to support the request to relax the                   final determination that relaxing RVP in
                                           nonattainment areas where EPA                            federal RVP standard. Because of this,                Baton Rouge is appropriate would not
                                           mandated a Phase II volatility standard                  action on the Baton Rouge Area was                    be made until EPA had accepted and
                                           of 7.8 psi RVP in the December 12, 1991                  deferred until LDEQ submitted (and                    responded to any relevant comments in
                                           rulemaking, the federal 7.8 psi gasoline                 EPA approved) a maintenance plan                      the context of a final decision on the
                                           RVP requirement remains in effect, even                  revision and CAA section 110(l) non-                  record. EPA is now making that final
                                           after such an area is redesignated to                    interference demonstration showing that               determination in this final rule and is
                                           attainment, until a separate rulemaking                  the relaxation would not interfere with               relaxing the federal RVP standard from
                                           is completed that relaxes the federal                    maintenance of the 2008 and 2015                      7.8 psi to 9.0 psi.
                                           gasoline RVP standard in that area from                  ozone NAAQS or with any other
                                           7.8 psi to 9.0 psi.                                      applicable CAA requirement.                           VII. Final Action
                                              As explained in the December 12,                         On January 30, 2018, Louisiana                       EPA is taking final action to approve
                                           1991 rulemaking, EPA believes that                       submitted a CAA section 175A                          Louisiana’s request for the Agency to
                                           relaxation of an applicable gasoline RVP                 maintenance plan revision and section                 relax the federal RVP standard
                                           standard is best accomplished in                         110(l) non-interference demonstration to              applicable to gasoline introduced into
                                           conjunction with the redesignation                       EPA. EPA finalized its approval of the                commerce from June 1 to September 15
                                           process. In order for an ozone                           maintenance plan revision and                         of each year for the parishes of East
                                           nonattainment area to be redesignated                    demonstration on May 25, 2018 (83 FR                  Baton Rouge, West Baton Rouge,
                                           as an attainment area, CAA section                       24226). The final approval was effective              Livingston, Ascension, and Iberville.
                                           107(d)(3) requires the state to make a                   on June 25, 2018. As part of the                      Specifically, this action revises the
                                           showing, pursuant to CAA section                                                                               applicable federal RVP standard from
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                                                                                                    rulemaking on Louisiana’s submission,
                                           175A, that the area is capable of                        EPA included a detailed evaluation of                 7.8 psi to 9.0 psi provided at 40 CFR
                                           maintaining attainment for the ozone                     the CAA section 175A maintenance                      80.27(a)(2) for the Baton Rouge Area.
                                           NAAQS for ten years. Depending on the                                                                          This approval is based on Louisiana’s
                                           area’s circumstances, this maintenance                     2 EPA approved the State’s request to relax the     April 10, 2017 request and EPA’s final
                                           plan will either demonstrate that the                    federal RVP standard for 11 of the parishes on        determination in its May 25, 2018 final
                                           area is capable of maintaining                           December 26, 2017 (82 FR 60886).                      rule, that the State, as required by CAA


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                                                            Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Rules and Regulations                                       53587

                                           section 110(l), made an adequate                         sale in Louisiana, and gasoline                       Louisiana has provided evidence that a
                                           demonstration to show that removal of                    distributers and retail stations in                   relaxation of the federal gasoline RVP
                                           this federal requirement would not                       Louisiana. This action relaxes the                    standard will not interfere with its
                                           interfere with maintenance of the 2008                   federal RVP standard for gasoline sold                attainment of the ozone NAAQS for the
                                           ozone NAAQS in the Baton Rouge Area                      in Louisiana’s Baton Rouge Area during                Baton Rouge Area, or any other
                                           and is consistent with other CAA                         the summertime ozone season to allow                  applicable CAA requirement. By
                                           requirements including attainment of                     the RVP for gasoline sold in these                    separate action, EPA has finalized its
                                           the 2015 ozone NAAQS.                                    parishes to rise from 7.8 psi to 9.0 psi.             approval of Louisiana’s revised
                                           VIII. Statutory and Executive Order                      This rule does not impose any                         maintenance plan for the 2008 ozone
                                           Reviews                                                  requirements or create impacts on small               NAAQS, including the state’s non-
                                                                                                    entities beyond those, if any, already                interference demonstration that
                                           A. Executive Order 12866: Regulatory                     required by or resulting from the CAA                 relaxation of the gasoline RVP standard
                                           Planning and Review and Executive                        section 211(h) RVP program. Therefore,                in the Baton Rouge Area to 9.0 RVP will
                                           Order 13563: Improving Regulation and                    this action will have no net regulatory               not interfere with any other NAAQS or
                                           Regulatory Review                                        burden for all directly regulated small               CAA requirement.
                                             This action is not a ‘‘significant                     entities.
                                                                                                                                                          I. Executive Order 13211: Actions
                                           regulatory action’’ under the terms of                   E. Unfunded Mandates Reform Act                       Concerning Regulations That
                                           Executive Order 12866 (58 FR 51735,                      (UMRA)                                                Significantly Affect Energy Supply,
                                           October 4, 1993) and therefore was not                                                                         Distribution, or Use
                                           submitted to the Office of Management                      This rule does not contain an
                                           and Budget (OMB) for review.                             unfunded mandate of $100 million or                     This action is not subject to Executive
                                                                                                    more as described in the UMRA, 2                      Order 13211 because it is not a
                                           B. Executive Order 13771: Reducing                       U.S.C. 1531–1538, and does not                        significant regulatory action under
                                           Regulation and Controlling Regulatory                    significantly or uniquely affect small                Executive Order 12866.
                                           Costs                                                    governments. The action implements
                                             This action is considered an                           mandates that are specifically and                    J. National Technology Transfer
                                           Executive Order 13771 deregulatory                       explicitly set forth in CAA section                   Advancement Act (NTTAA)
                                           action. This rule provides meaningful                    211(h) without the exercise of any                      This rulemaking does not involve
                                           burden reduction because it relaxes the                  policy discretion by EPA.                             technical standards.
                                           federal RVP standard for gasoline, and                   F. Executive Order 13132: Federalism
                                           as a result, fuel suppliers will no longer                                                                     K. Executive Order 12898: Federal
                                           be required to provide the lower, 7.8 psi                  This action does not have federalism                Actions To Address Environmental
                                           RVP gasoline in the five parishes during                 implications. It will not have substantial            Justice in Minority Populations and
                                           the summer months. Relaxing the                          direct effects on the states, on the                  Low-Income Populations
                                           federal volatility requirements is also                  relationship between the national
                                                                                                    government and the states, or on the                     EPA believes the human health or
                                           beneficial because this action can                                                                             environmental risk addressed by this
                                           improve the fungibility of gasoline sold                 distribution of power and
                                                                                                    responsibilities among the various                    action will not have potential
                                           in Louisiana by allowing the gasoline                                                                          disproportionately high and adverse
                                           sold in the Baton Rouge Area to be                       levels of government.
                                                                                                                                                          human health or environmental effects
                                           identical to the fuel sold in the                        G. Executive Order 13175: Consultation                on minority, low-income, or indigenous
                                           remainder of the state.                                  and Coordination With Indian Tribal                   populations because it does not affect
                                           C. Paperwork Reduction Act                               Governments                                           the applicable ozone NAAQS which
                                             This action does not impose any new                      This action does not have tribal                    establish the level of protection
                                           information collection burden under the                  implications, as specified in Executive               provided to human health or the
                                           provisions of the Paperwork Reduction                    Order 13175 (65 FR 67249, November 9,                 environment. Louisiana has
                                           Act, 44 U.S.C. 3501 et seq., and                         2000). This rule affects only those                   demonstrated in its non-interference
                                           therefore is not subject to these                        refiners, importers, or blenders of                   demonstration that this action will not
                                           requirements.                                            gasoline that choose to produce or                    interfere with maintenance of the ozone
                                                                                                    import low RVP gasoline for sale in the               NAAQS in the Baton Rouge Area for the
                                           D. Regulatory Flexibility Act (RFA)                      Baton Rouge Area and gasoline                         2008 ozone NAAQS, or with any other
                                              I certify that this action will not have              distributers and retail stations in the               applicable requirement of the CAA.
                                           a significant economic impact on a                       Area. Thus, Executive Order 13175 does                Therefore, disproportionately high and
                                           substantial number of small entities                     not apply to this action.                             adverse human health or environmental
                                           under the RFA. In making this                                                                                  effects on minority or low-income
                                           determination, the impact of concern is                  H. Executive Order 13045: Protection of               populations are not an anticipated
                                           any significant adverse economic                         Children From Environmental Health                    result. The results of this evaluation are
                                           impact on small entities. An agency may                  Risks and Safety Risks                                contained in EPA’s rulemaking for
                                           certify that a rule will not have a                        EPA interprets Executive Order 13045                Louisiana’s non-interference
                                           significant economic impact on a                         as applying only to those regulatory                  demonstration (83 FR 24226, May 25,
                                           substantial number of small entities if                  actions that concern environmental                    2018). A copy of Louisiana’s April 10,
                                           the rule relieves regulatory burden, has                 health or safety risks that EPA has                   2017 letter requesting that EPA relax the
                                           no net burden or otherwise has a                         reason to believe may                                 gasoline RVP standard and the State’s
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                                           positive economic effect on the small                    disproportionately affect children, per               January 29, 2018 technical analysis
                                           entities subject to the rule. The small                  the definition of ‘‘covered regulatory                demonstrating that the less stringent
                                           entities subject to the requirements of                  action’’ in section 2–202 of the                      gasoline RVP will not interfere with
                                           this action are refiners, importers, or                  Executive Order. EPA has no reason to                 continued maintenance of the 2008
                                           blenders of gasoline that choose to                      believe that this action may                          ozone NAAQS in the Baton Rouge Area,
                                           produce or import low RVP gasoline for                   disproportionately affect children since              or with any other applicable CAA


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                                           53588               Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Rules and Regulations

                                           requirement, have been placed in the                                   vehicle engines, Motor vehicle                                 Authority: 42 U.S.C. 7414, 7521, 7542,
                                           public docket for this action.                                         pollution, Penalties, Reporting and                          7545, and 7601(a).
                                                                                                                  recordkeeping requirements.
                                           L. Congressional Review Act (CRA)                                                                                                   ■ 2. Section 80.27, paragraph (a)(2)(ii) is
                                                                                                                   Dated: October 15, 2018.                                    amended in the table by revising the
                                              This action is subject to the CRA, and
                                           the EPA will submit a rule report to                                   Andrew R. Wheeler,                                           entry for ‘‘Louisiana’’ and adding
                                           each House of the Congress and to the                                  Acting Administrator.                                        footnote 12 to read as follows:
                                           Comptroller General of the United                                        For the reasons set forth in the
                                           States. This action is not a ‘‘major rule’’                            preamble, EPA amends 40 CFR part 80                          § 80.27 Controls and prohibitions on
                                                                                                                                                                               gasoline volatility.
                                           as defined by 5 U.S.C. 804(2).                                         as follows:
                                           List of Subjects in 40 CFR Part 80                                                                                                      (a) * * *
                                                                                                                  PART 80—REGULATION OF FUELS
                                             Environmental protection,                                            AND FUEL ADDITIVES                                               (2) * * *
                                           Administrative practice and procedures,                                                                                                 (ii) * * *
                                           Air pollution control, Fuel additives,                                 ■ 1. The authority citation for part 80
                                           Gasoline, Motor vehicle and motor                                      continues to read as follows:

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


                                                    *                             *                                 *                            *                         *                       *                    *
                                           Louisiana4 11 12 .....................................................................                    9.0                9.0                9.0                  9.0           9.0

                                                        *                              *                              *                          *                        *                        *                    *
                                               1 Standardsare expressed in pounds per square inch (psi).
                                                    *                    *                    *                   *                     *                   *                   *
                                               4 The
                                                   standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
                                                    *                    *                    *                   *                     *                   *                   *
                                             11 The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St.
                                           Charles, St. James, and St. Mary from June 1 until September 15 in 1992 through 2017 was 7.8 psi.
                                             12 The standard for the Louisiana parishes of East Baton Rouge, West Baton Rouge, Livingston, Ascension, and Iberville from June 1 until
                                           September 15 in 1992 through 2018 was 7.8 psi.


                                           *        *        *        *        *                                  FOR FURTHER INFORMATION CONTACT:                             also accept your comments via email at
                                           [FR Doc. 2018–23247 Filed 10–23–18; 8:45 am]                           Zachary Ross, Competition Policy                             PRA@fcc.gov. To request materials in
                                           BILLING CODE 6560–50–P                                                 Division, Wireline Competition Bureau,                       accessible formats for people with
                                                                                                                  at (202) 418–1033, or email:                                 disabilities (Braille, large print,
                                                                                                                  zachary.ross@fcc.gov. For additional                         electronic files, audio format), send an
                                           FEDERAL COMMUNICATIONS                                                 information concerning the Paperwork                         email to fcc504@fcc.gov or call the
                                           COMMISSION                                                             Reduction Act information collection                         Consumer and Governmental Affairs
                                                                                                                  requirements contact Nicole Ongele at                        Bureau at (202) 418–0530 (voice), (202)
                                           47 CFR Part 64                                                         (202) 418–2991, or email at                                  418–0432 (TTY).
                                           [WC Docket No. 13–39, FCC 18–45]                                       Nicole.Ongele@fcc.gov.                                       Synopsis
                                                                                                                  SUPPLEMENTARY INFORMATION:       This
                                           Rural Call Completion                                                                                                                  As required by the Paperwork
                                                                                                                  document announces that, on October 9,
                                                                                                                                                                               Reduction Act of 1995 (44 U.S.C. 3507),
                                           AGENCY:   Federal Communications                                       2018, OMB approved, for a period of
                                                                                                                                                                               the FCC is notifying the public that it
                                           Commission.                                                            three years, the information collection
                                                                                                                                                                               received final OMB approval on October
                                           ACTION: Final rule; announcement of                                    relating to the rural call completion
                                                                                                                                                                               9, 2018, for the information collection
                                           effective date.                                                        point of contact requirements for
                                                                                                                                                                               requirements contained in the
                                                                                                                  covered providers contained in the                           modifications to the Commission’s rules
                                           SUMMARY:   In this document, the                                       Commission’s Order, FCC 18–45,                               in 47 CFR part 64.
                                           Commission announces that the Office                                   published at 83 FR 21723, May 10,
                                           of Management and Budget (OMB) has                                     2018. The OMB Control Number is                                 Under 5 CFR part 1320, an agency
                                           approved, for a period of three years, the                             3060–1186. The Commission publishes                          may not conduct or sponsor a collection
                                           information collection associated with                                 this document as an announcement of                          of information unless it displays a
                                           the point of contact requirements for                                  the effective date of the rules. If you                      current, valid OMB Control Number.
                                           covered providers adopted in the                                       have any comments on the burden                                 No person shall be subject to any
                                           Commission’s Rural Call Completion,                                    estimates listed below, or how the                           penalty for failing to comply with a
                                           Second Report and Order (Order). This                                  Commission can improve the                                   collection of information subject to the
                                           document is consistent with the Order,                                 collections and reduce any burdens                           Paperwork Reduction Act that does not
                                           which stated that the Commission                                       caused thereby, please contact Nicole                        display a current, valid OMB Control
amozie on DSK3GDR082PROD with RULES




                                           would publish a document in the                                        Ongele, Federal Communications                               Number. The OMB Control Number is
                                           Federal Register announcing the                                        Commission, Room 1–A620, 445 12th                            3060–1186.
                                           effective date of those rules.                                         Street SW, Washington, DC 20554.                                The foregoing notice is required by
                                           DATES: The amendments to 47 CFR                                        Please include the OMB Control                               the Paperwork Reduction Act of 1995,
                                           64.2113 published at 83 FR 21723, May                                  Number, 3060–1186, in your                                   Public Law 104–13, October 1, 1995,
                                           10, 2018, are effective October 24, 2018.                              correspondence. The Commission will                          and 44 U.S.C. 3507.


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Document Created: 2018-10-24 00:24:39
Document Modified: 2018-10-24 00:24:39
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 November 23, 2018.
ContactDavid Dickinson, Office of Transportation and Air Quality, Environmental Protection Agency, 1200 Pennsylvania Avenue Washington, DC 20460; telephone number: (202) 343-
FR Citation83 FR 53584 
RIN Number2060-AT91
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

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