83_FR_8398 83 FR 8359 - Approval and Promulgation of Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions

83 FR 8359 - Approval and Promulgation of Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8359-8362
FR Document2018-03974

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions submitted by the State of Texas that affect the Texas State Implementation Plan (SIP) concerning Texas' motor vehicle air pollution rules and retail gasoline dispensing labeling requirements for El Paso. The revisions are non-substantive in nature and do not affect implementation of federal requirements.

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8359-8362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03974]


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

40 CFR Part 52

[EPA-R06-OAR-2017-0077; FRL-9974-51--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Approval of Texas Motor Vehicle Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA)

[[Page 8360]]

is approving revisions submitted by the State of Texas that affect the 
Texas State Implementation Plan (SIP) concerning Texas' motor vehicle 
air pollution rules and retail gasoline dispensing labeling 
requirements for El Paso. The revisions are non-substantive in nature 
and do not affect implementation of federal requirements.

DATES: This rule is effective on May 29, 2018 without further notice, 
unless the EPA receives relevant adverse comment by March 29, 2018. If 
the EPA receives such comment, the EPA will publish a timely withdrawal 
in the Federal Register informing the public that this rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0077, at http://www.regulations.gov or via email to 
walser.john@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. John Walser, 214-665-
7128, walser.john@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. John Walser, 214-665-7128, 
walser.john@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Mr. Bill Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards. These ambient standards currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. The 
EPA approved SIP regulations and control strategies are federally 
enforceable.

II. The SIP Submittals and EPA's Evaluation

    On July 12, 1995, the Texas Commission on Environmental Quality 
(TCEQ) submitted SIP revisions to EPA that amend 30 Texas 
Administrative Code (TAC) Chapter 114.13 (renumbered to 114.100) \1\ 
which include minor rephrasing regarding gasoline pump dispensing 
labeling dates. Specifically, the revisions modify Sec.  114.100(f)(1) 
and (2) to indicate when the legible labels shall be displayed. See 
Docket EPA-R06-OAR-2017-0077 online at www.regulations.gov for the 
submittal and adopted rules published in the Texas Register (20 TexReg 
3097, April 25, 1995). EPA is approving these minor changes submitted 
to EPA on July 12, 1995. Note, it was discovered in the processing of 
the 2017 SIP revision discussed below that EPA had inadvertently never 
processed the 1995 revision.
---------------------------------------------------------------------------

    \1\ See, 63 FR 35839 (July 1, 1998).
---------------------------------------------------------------------------

    On January 20, 2017, TCEQ submitted SIP revisions to EPA that amend 
30 TAC Chapter Section 114.100 and 114.305 that make non-substantive, 
minor modifications to the following Sections: Sec.  114.100 (b), (c), 
(d), (e)(1), (e)(2), (f) and 114.305(a) and (c). For example, Sec.  
114.100(c) changes the date ``September 1'' to ``September 1st.'' The 
revision to Sec.  114.100(d) includes replacing the phrase 
``commission, EPA'' with ``executive director, United States 
Environmental Protection Agency (EPA).'' The revision to Sec.  
114.100(e)(2) adds the words ``the active version'' to the beginning of 
the phrase ``American Society for Testing and Materials (ASTM)'' to 
ensure that the most active ASTM version is used for determining the 
oxygen content of fuel.\2\ Revisions to Sec.  114.305(a) ensure that 
the most active current version of the ASTM Test Method for determining 
compliance with the Reid Vapor Pressure (RVP) limits is required 
consistent with industry's current testing practices and state and 
federal law.\3\ We have prepared a TSD for this action which details 
our evaluation. The TSD may be accessed on-line at www.regulations.gov, 
Docket No. EPA-R06-OAR-2017-0077.
---------------------------------------------------------------------------

    \2\ The most active current ASTM Test Method is ASTM D4815.
    \3\ Volatility is the property of a liquid fuel that defines its 
evaporation characteristics. RVP is an abbreviation for ``Reid Vapor 
Pressure'', a common measure of and the generic term for gasoline 
volatility. The most active current version of the test for gasoline 
volatility is the ASTM Test Method D5191.
---------------------------------------------------------------------------

    Section 211(m) of the Act requires that various States submit 
revisions to their SIPs, and implement oxygenated gasoline programs by 
no later than November 1, 1992. EPA previously approved the State's 
adopted labeling regulations, enforcement procedures, and oxygenate 
test methods in conformity with Federal regulations (See, 59 FR 15683 
(April 4, 1994)). The labeling regulations of retail gasoline pumps 
also may be found at 40 CFR 80.35.\4\ Texas has complied with federal 
requirements and the above revisions function to add further clarity to 
the existing rule language and are approvable.
---------------------------------------------------------------------------

    \4\ See ``Notice of Final Oxygenated Fuels Labeling Regulations 
under Section 211(m) of the CAA as Amended--Notice of Final 
Rulemaking.'' (See, 57 FR 47769 (October 20, 1992)).
---------------------------------------------------------------------------

III. Final Action

    Pursuant to Sections 110 and 182 of the Act, EPA is approving, 
through a direct final action, revisions to the Texas SIP that were 
submitted on July 12, 1995 and January 20, 2017. We are approving 
revisions to the following sections within Chapter 114 of 30 TAC: 
114.100 and 114.305. We evaluated the state's submittals and determined 
that they meet the applicable requirements of the CAA. Also, in 
accordance with CAA section 110(l), the revisions will not interfere 
with attainment of the NAAQS, reasonable further progress, or any other 
applicable requirement of the CAA.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on May 29, 2018 
without further notice unless we receive relevant

[[Page 8361]]

adverse comment by March 29, 2018. If we receive relevant adverse 
comments, we will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. We will 
address all public comments in a subsequent final rule based on the 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so now. Please 
note that if we receive relevant adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 6 Office (please contact Mr. John Walser for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation (62 FR 
27968, May 22, 1997).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 30, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 22, 2018.
Anne Idsal,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. In Sec.  52.2270(c), the table entitled ``EPA Approved Regulations 
in the Texas SIP'' is amended by adding a centered heading for 
``Subchapter D--Oxygen Requirements for Gasoline'' under Chapter 114, 
followed by a new entry for Section 114.100; and revising the entry for 
Section 114.305.
    The additions and revisions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 8362]]



                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
                                                        approval/
        State citation              Title/subject       submittal     EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Subchapter D--Oxygen Requirements for Gasoline
----------------------------------------------------------------------------------------------------------------
Section 114.100...............  Oxygenated Fuels.....    1/20/2017  2/27/2018, [Insert     .....................
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter H--Low Emission Fuels
                                         Division 1: Gasoline Volatility
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 114.305...............  Approved Test Methods    1/20/2017  2/27/2018, [Insert     .....................
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-03974 Filed 2-26-18; 8:45 am]
BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                               8359

                                             and the Regional Small Business                         Directive 023–01, which guides the                    Coast Guard vessels, and Federal, state,
                                             Regulatory Fairness Boards. The                         Coast Guard in complying with the                     and local officers designated by or
                                             Ombudsman evaluates these actions                       National Environmental Policy Act of                  assisting the Captain of the Port
                                             annually and rates each agency’s                        1969 (42 U.S.C. 4321–4370f), and have                 Charleston in the enforcement of the
                                             responsiveness to small business. If you                determined that this action is one of a               regulated areas.
                                             wish to comment on actions by                           category of actions that do not                          (c) Regulations. (1) All persons and
                                             employees of the Coast Guard, call 1–                   individually or cumulatively have a                   vessels are prohibited from entering,
                                             888–REG–FAIR (1–888–734–3247). The                      significant effect on the human                       transiting through, anchoring in, or
                                             Coast Guard will not retaliate against                  environment. This rule involves a                     remaining within the regulated area
                                             small entities that question or complain                temporary safety zone that will prohibit              unless authorized by the Captain of the
                                             about this rule or any policy or action                 entry within a 100-yard radius of the                 Port Charleston or a designated
                                             of the Coast Guard.                                     vessel, M/V Zhen Hua 16, during the                   representative.
                                                                                                     vessel’s transit, mooring and anchoring                  (2) Persons and vessels desiring to
                                             C. Collection of Information
                                                                                                     in the Sector Charleston Captain of the               enter, transit through, anchor in, or
                                               This rule will not call for a new                     Port Zone. It is categorically excluded               remain within the regulated area may
                                             collection of information under the                     from further review under paragraph                   contact the Captain of the Port
                                             Paperwork Reduction Act of 1995 (44                     L60(a) of Appendix A, Table 1 of DHS                  Charleston by telephone at (843) 740–
                                             U.S.C. 3501–3520).                                      Instruction Manual 023–01–001–01,                     7050, or a designated representative via
                                             D. Federalism and Indian Tribal                         Rev. 01. A Record of Environmental                    VHF radio on channel 16, to request
                                             Governments                                             Consideration supporting this                         authorization. If authorization to enter,
                                                                                                     determination is available in the docket              transit through, anchor in, or remain
                                                A rule has implications for federalism               where indicated under ADDRESSES.                      within the regulated area is granted, all
                                             under Executive Order 13132,                                                                                  persons and vessels receiving such
                                             Federalism, if it has a substantial direct              G. Protest Activities
                                                                                                                                                           authorization must comply with the
                                             effect on the States, on the relationship                 The Coast Guard respects the First                  instructions of the Captain of the Port
                                             between the national government and                     Amendment rights of protesters.                       Charleston or a designated
                                             the States, or on the distribution of                   Protesters are asked to contact the                   representative.
                                             power and responsibilities among the                    person listed in the FOR FURTHER                         (3) The Coast Guard will provide
                                             various levels of government. We have                   INFORMATION CONTACT section to                        notice of the regulated area by Marine
                                             analyzed this rule under that Order and                 coordinate protest activities so that your            Safety Information Bulletins, Local
                                             have determined that it is consistent                   message can be received without                       Notice to Mariners, Broadcast Notice to
                                             with the fundamental federalism                         jeopardizing the safety or security of                Mariners, and on-scene designated
                                             principles and preemption requirements                  people, places or vessels.                            representatives.
                                             described in Executive Order 13132.                                                                              (d) Enforcement period. This section
                                                Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165
                                                                                                                                                           will be enforced beginning at 12:00 a.m.
                                             implications under Executive Order                        Marine safety, Navigation (water),                  on February 23, 2018, until 11:59 p.m.
                                             13175, Consultation and Coordination                    Reporting and recordkeeping                           on March 31, 2018. This rule will be
                                             with Indian Tribal Governments,                         requirements, Waterways.                              enforced while M/V Zhen Hua is
                                             because it does not have a substantial                    For the reasons discussed in the                    underway, moored, or anchored in the
                                             direct effect on one or more Indian                     preamble, the Coast Guard amends 33                   Sector Charleston Captain of the Port
                                             tribes, on the relationship between the                 CFR part 165 as follows:                              Zone.
                                             Federal Government and Indian tribes,
                                             or on the distribution of power and                     PART 165—REGULATED NAVIGATION                           Dated: February 21, 2018.
                                             responsibilities between the Federal                    AREAS AND LIMITED ACCESS AREAS                        J.W. Reed,
                                             Government and Indian tribes. If you                                                                          Captain, U.S. Coast Guard, Captain of the
                                             believe this rule has implications for                  ■ 1. The authority citation for part 165              Port Charleston.
                                             federalism or Indian tribes, please                     continues to read as follows:                         [FR Doc. 2018–03915 Filed 2–26–18; 8:45 am]
                                             contact the person listed in the FOR                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           BILLING CODE 9110–04–P
                                             FURTHER INFORMATION CONTACT section                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             above.                                                  Department of Homeland Security Delegation
                                                                                                     No. 0170.1.
                                             E. Unfunded Mandates Reform Act                                                                               ENVIRONMENTAL PROTECTION
                                                                                                     ■ 2. Add § 165.T07–0074 to read as                    AGENCY
                                               The Unfunded Mandates Reform Act                      follows:
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                         40 CFR Part 52
                                             Federal agencies to assess the effects of               § 165.T07–0074 Safety Zone; Wando
                                                                                                     Terminal Crane Movement; Charleston, SC.              [EPA–R06–OAR–2017–0077; FRL–9974–
                                             their discretionary regulatory actions. In
                                                                                                                                                           51—Region 6]
                                             particular, the Act addresses actions                      (a) Regulated area. The following
                                             that may result in the expenditure by a                 regulated area is a moving safety zone:               Approval and Promulgation of
                                             State, local, or tribal government, in the              All waters of the Charleston Harbor,                  Implementation Plans; Texas;
                                             aggregate, or by the private sector of                  Cooper River, and Wando River in                      Approval of Texas Motor Vehicle Rule
                                             $100,000,000 (adjusted for inflation) or                Charleston, SC within a 100 yard radius               Revisions
                                             more in any one year. Though this rule                  around the outer most points of the
daltland on DSKBBV9HB2PROD with RULES




                                             will not result in such an expenditure,                 M/V Zhen Hua 16 while the vessel is                   AGENCY: Environmental Protection
                                             we do discuss the effects of this rule                  underway, moored or anchored.                         Agency (EPA).
                                             elsewhere in this preamble.                                (b) Definition. As used in this section,           ACTION: Direct final rule.
                                                                                                     ‘‘designated representative’’ means
                                             F. Environment                                          Coast Guard Patrol Commanders,                        SUMMARY:  Pursuant to the Federal Clean
                                               We have analyzed this rule under                      including Coast Guard coxswains, petty                Air Act (CAA or the Act), the
                                             Department of Homeland Security                         officers, and other officers operating                Environmental Protection Agency (EPA)


                                        VerDate Sep<11>2014   18:04 Feb 26, 2018   Jkt 244001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\27FER1.SGM   27FER1


                                             8360             Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations

                                             is approving revisions submitted by the                 SUPPLEMENTARY INFORMATION:                            § 114.305(a) ensure that the most active
                                             State of Texas that affect the Texas State              Throughout this document ‘‘we,’’ ‘‘us,’’              current version of the ASTM Test
                                             Implementation Plan (SIP) concerning                    and ‘‘our’’ means the EPA.                            Method for determining compliance
                                             Texas’ motor vehicle air pollution rules                                                                      with the Reid Vapor Pressure (RVP)
                                                                                                     I. Background
                                             and retail gasoline dispensing labeling                                                                       limits is required consistent with
                                             requirements for El Paso. The revisions                    Section 110 of the CAA requires states             industry’s current testing practices and
                                             are non-substantive in nature and do not                to develop and submit to the EPA a SIP                state and federal law.3 We have
                                             affect implementation of federal                        to ensure that state air quality meets                prepared a TSD for this action which
                                             requirements.                                           National Ambient Air Quality                          details our evaluation. The TSD may be
                                             DATES: This rule is effective on May 29,
                                                                                                     Standards. These ambient standards                    accessed on-line at
                                             2018 without further notice, unless the                 currently address six criteria pollutants:            www.regulations.gov, Docket No. EPA–
                                             EPA receives relevant adverse comment                   Carbon monoxide, nitrogen dioxide,                    R06–OAR–2017–0077.
                                             by March 29, 2018. If the EPA receives                  ozone, lead, particulate matter, and                    Section 211(m) of the Act requires
                                             such comment, the EPA will publish a                    sulfur dioxide. Each federally-approved               that various States submit revisions to
                                             timely withdrawal in the Federal                        SIP protects air quality primarily by                 their SIPs, and implement oxygenated
                                             Register informing the public that this                 addressing air pollution at its point of              gasoline programs by no later than
                                             rule will not take effect.                              origin through air pollution regulations              November 1, 1992. EPA previously
                                                                                                     and control strategies. The EPA                       approved the State’s adopted labeling
                                             ADDRESSES: Submit your comments,
                                                                                                     approved SIP regulations and control                  regulations, enforcement procedures,
                                             identified by Docket No. EPA–R06–
                                                                                                     strategies are federally enforceable.                 and oxygenate test methods in
                                             OAR–2017–0077, at http://
                                                                                                                                                           conformity with Federal regulations
                                             www.regulations.gov or via email to                     II. The SIP Submittals and EPA’s                      (See, 59 FR 15683 (April 4, 1994)). The
                                             walser.john@epa.gov. Follow the online                  Evaluation                                            labeling regulations of retail gasoline
                                             instructions for submitting comments.                      On July 12, 1995, the Texas                        pumps also may be found at 40 CFR
                                             Once submitted, comments cannot be                      Commission on Environmental Quality                   80.35.4 Texas has complied with federal
                                             edited or removed from Regulations.gov.                 (TCEQ) submitted SIP revisions to EPA                 requirements and the above revisions
                                             The EPA may publish any comment                         that amend 30 Texas Administrative                    function to add further clarity to the
                                             received to its public docket. Do not                   Code (TAC) Chapter 114.13                             existing rule language and are
                                             submit electronically any information                   (renumbered to 114.100) 1 which                       approvable.
                                             you consider to be Confidential                         include minor rephrasing regarding
                                             Business Information (CBI) or other                                                                           III. Final Action
                                                                                                     gasoline pump dispensing labeling
                                             information whose disclosure is                                                                                  Pursuant to Sections 110 and 182 of
                                                                                                     dates. Specifically, the revisions modify
                                             restricted by statute. Multimedia                                                                             the Act, EPA is approving, through a
                                                                                                     § 114.100(f)(1) and (2) to indicate when
                                             submissions (audio, video, etc.) must be                                                                      direct final action, revisions to the
                                                                                                     the legible labels shall be displayed. See
                                             accompanied by a written comment.                                                                             Texas SIP that were submitted on July
                                                                                                     Docket EPA–R06–OAR–2017–0077
                                             The written comment is considered the                                                                         12, 1995 and January 20, 2017. We are
                                                                                                     online at www.regulations.gov for the
                                             official comment and should include                                                                           approving revisions to the following
                                                                                                     submittal and adopted rules published
                                             discussion of all points you wish to                                                                          sections within Chapter 114 of 30 TAC:
                                                                                                     in the Texas Register (20 TexReg 3097,
                                             make. The EPA will generally not                                                                              114.100 and 114.305. We evaluated the
                                                                                                     April 25, 1995). EPA is approving these
                                             consider comments or comment                                                                                  state’s submittals and determined that
                                                                                                     minor changes submitted to EPA on July
                                             contents located outside of the primary                                                                       they meet the applicable requirements
                                                                                                     12, 1995. Note, it was discovered in the
                                             submission (i.e. on the web, cloud, or                                                                        of the CAA. Also, in accordance with
                                                                                                     processing of the 2017 SIP revision
                                             other file sharing system). For                                                                               CAA section 110(l), the revisions will
                                                                                                     discussed below that EPA had
                                             additional submission methods, please                                                                         not interfere with attainment of the
                                                                                                     inadvertently never processed the 1995
                                             contact Mr. John Walser, 214–665–7128,                                                                        NAAQS, reasonable further progress, or
                                                                                                     revision.
                                             walser.john@epa.gov. For the full EPA                      On January 20, 2017, TCEQ submitted                any other applicable requirement of the
                                             public comment policy, information                      SIP revisions to EPA that amend 30 TAC                CAA.
                                             about CBI or multimedia submissions,                    Chapter Section 114.100 and 114.305                      The EPA is publishing this rule
                                             and general guidance on making                          that make non-substantive, minor                      without prior proposal because we view
                                             effective comments, please visit http://                modifications to the following Sections:              this as a non-controversial amendment
                                             www2.epa.gov/dockets/commenting-                        § 114.100 (b), (c), (d), (e)(1), (e)(2), (f)          and anticipate no adverse comments.
                                             epa-dockets.                                            and 114.305(a) and (c). For example,                  However, in the proposed rules section
                                                Docket: The index to the docket for                                                                        of this Federal Register publication, we
                                                                                                     § 114.100(c) changes the date
                                             this action is available electronically at                                                                    are publishing a separate document that
                                                                                                     ‘‘September 1’’ to ‘‘September 1st.’’ The
                                             www.regulations.gov and in hard copy                                                                          will serve as the proposal to approve the
                                                                                                     revision to § 114.100(d) includes
                                             at EPA Region 6, 1445 Ross Avenue,                                                                            SIP revision if relevant adverse
                                                                                                     replacing the phrase ‘‘commission,
                                             Suite 700, Dallas, Texas. While all                                                                           comments are received. This rule will
                                                                                                     EPA’’ with ‘‘executive director, United
                                             documents in the docket are listed in                                                                         be effective on May 29, 2018 without
                                                                                                     States Environmental Protection Agency
                                             the index, some information may be                                                                            further notice unless we receive relevant
                                                                                                     (EPA).’’ The revision to § 114.100(e)(2)
                                             publicly available only at the hard copy
                                                                                                     adds the words ‘‘the active version’’ to
                                             location (e.g., copyrighted material), and                                                                      3 Volatility is the property of a liquid fuel that
                                                                                                     the beginning of the phrase ‘‘American                defines its evaporation characteristics. RVP is an
                                             some may not be publicly available at
                                                                                                     Society for Testing and Materials                     abbreviation for ‘‘Reid Vapor Pressure’’, a common
                                             either location (e.g., CBI).
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                                                                                                     (ASTM)’’ to ensure that the most active               measure of and the generic term for gasoline
                                             FOR FURTHER INFORMATION CONTACT: Mr.                    ASTM version is used for determining                  volatility. The most active current version of the
                                             John Walser, 214–665–7128,                              the oxygen content of fuel.2 Revisions to
                                                                                                                                                           test for gasoline volatility is the ASTM Test Method
                                             walser.john@epa.gov. To inspect the                                                                           D5191.
                                                                                                                                                             4 See ‘‘Notice of Final Oxygenated Fuels Labeling
                                             hard copy materials, please schedule an                   1 See,
                                                                                                           63 FR 35839 (July 1, 1998).                     Regulations under Section 211(m) of the CAA as
                                             appointment with Mr. Bill Deese at 214–                   2 The
                                                                                                           most active current ASTM Test Method is         Amended—Notice of Final Rulemaking.’’ (See, 57
                                             665–7253.                                               ASTM D4815.                                           FR 47769 (October 20, 1992)).



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                                                              Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                              8361

                                             adverse comment by March 29, 2018. If                   October 4, 1993) and 13563 (76 FR 3821,               other required information to the U.S.
                                             we receive relevant adverse comments,                   January 21, 2011);                                    Senate, the U.S. House of
                                             we will publish a timely withdrawal in                     • Is not an Executive Order 13771 (82              Representatives, and the Comptroller
                                             the Federal Register informing the                      FR 9339, February 2, 2017) regulatory                 General of the United States prior to
                                             public that the rule will not take effect.              action because SIP approvals are                      publication of the rule in the Federal
                                             We will address all public comments in                  exempted under Executive Order 12866;                 Register. A major rule cannot take effect
                                             a subsequent final rule based on the                       • Does not impose an information                   until 60 days after it is published in the
                                             proposed rule. We will not institute a                  collection burden under the provisions                Federal Register. This action is not a
                                             second comment period on this action.                   of the Paperwork Reduction Act (44                    ‘‘major rule’’ as defined by 5 U.S.C.
                                             Any parties interested in commenting                    U.S.C. 3501 et seq.);                                 804(2).
                                             must do so now. Please note that if we                     • Is certified as not having a                        Under section 307(b)(1) of the CAA,
                                             receive relevant adverse comment on an                  significant economic impact on a                      petitions for judicial review of this
                                             amendment, paragraph, or section of                     substantial number of small entities                  action must be filed in the United States
                                             this rule and if that provision may be                  under the Regulatory Flexibility Act (5               Court of Appeals for the appropriate
                                             severed from the remainder of the rule,                 U.S.C. 601 et seq.);                                  circuit by April 30, 2018. Filing a
                                             we may adopt as final those provisions                     • Does not contain any unfunded                    petition for reconsideration by the
                                             of the rule that are not the subject of an              mandate or significantly or uniquely                  Administrator of this final rule does not
                                             adverse comment.                                        affect small governments, as described                affect the finality of this rule for the
                                                                                                     in the Unfunded Mandates Reform Act                   purposes of judicial review nor does it
                                             IV. Incorporation by Reference                          of 1995 (Pub. L. 104–4);                              extend the time within which a petition
                                               In this rule, the EPA is finalizing                      • Does not have Federalism                         for judicial review may be filed, and
                                             regulatory text that includes                           implications as specified in Executive                shall not postpone the effectiveness of
                                             incorporation by reference. In                          Order 13132 (64 FR 43255, August 10,                  such rule or action. This action may not
                                             accordance with requirements of 1 CFR                   1999);                                                be challenged later in proceedings to
                                             51.5, the EPA is finalizing the                            • Is not an economically significant               enforce its requirements. (See section
                                             incorporation by reference of the                       regulatory action based on health or                  307(b)(2).)
                                             revisions to the Texas regulations as                   safety risks subject to Executive Order
                                             described in the Final Action section                   13045 (62 FR 19885, April 23, 1997);                  List of Subjects in 40 CFR Part 52
                                             above. The EPA has made, and will                          • Is not a significant regulatory action             Environmental protection, Air
                                             continue to make, these materials                       subject to Executive Order 13211 (66 FR               pollution control, Incorporation by
                                             generally available through                             28355, May 22, 2001);                                 reference, Carbon monoxide,
                                             www.regulations.gov and at the EPA                         • Is not subject to requirements of
                                                                                                                                                           Intergovernmental relations, Lead,
                                             Region 6 Office (please contact Mr. John                section 12(d) of the National
                                                                                                                                                           Nitrogen dioxide, Ozone, Particulate
                                             Walser for more information). Therefore,                Technology Transfer and Advancement
                                                                                                                                                           matter, Reporting and recordkeeping
                                             these materials have been approved by                   Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                           requirements, Volatile organic
                                             EPA for inclusion in the SIP, have been                 application of those requirements would
                                                                                                                                                           compounds.
                                             incorporated by reference by EPA into                   be inconsistent with the CAA; and
                                             that plan, are fully federally enforceable                 • Does not provide EPA with the                      Dated: February 22, 2018.
                                             under sections 110 and 113 of the CAA                   discretionary authority to address, as                Anne Idsal,
                                             as of the effective date of the final                   appropriate, disproportionate human                   Regional Administrator, Region 6.
                                             rulemaking of EPA’s approval, and will                  health or environmental effects, using                    40 CFR part 52 is amended as follows:
                                             be incorporated by reference by the                     practicable and legally permissible
                                             Director of the Federal Register in the                 methods, under Executive Order 12898                  PART 52—APPROVAL AND
                                             next update to the SIP compilation (62                  (59 FR 7629, February 16, 1994).                      PROMULGATION OF
                                             FR 27968, May 22, 1997).                                   In addition, the SIP is not approved               IMPLEMENTATION PLANS
                                                                                                     to apply on any Indian reservation land
                                             V. Statutory and Executive Order                        or in any other area where EPA or an                  ■ 1. The authority citation for part 52
                                             Reviews                                                 Indian tribe has demonstrated that a                  continues to read as follows:
                                               Under the CAA, the Administrator is                   tribe has jurisdiction. In those areas of                 Authority: 42 U.S.C. 7401 et seq.
                                             required to approve a SIP submission                    Indian country, the rule does not have
                                             that complies with the provisions of the                tribal implications and will not impose               Subpart SS—Texas
                                             Act and applicable Federal regulations.                 substantial direct costs on tribal
                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                     governments or preempt tribal law as                  ■  2. In § 52.2270(c), the table entitled
                                             Thus, in reviewing SIP submissions, the                 specified by Executive Order 13175 (65                ‘‘EPA Approved Regulations in the
                                             EPA’s role is to approve state choices,                 FR 67249, November 9, 2000).                          Texas SIP’’ is amended by adding a
                                             provided that they meet the criteria of                    The Congressional Review Act, 5                    centered heading for ‘‘Subchapter D—
                                             the CAA. Accordingly, this action                       U.S.C. 801 et seq., as added by the Small             Oxygen Requirements for Gasoline’’
                                             merely approves state law as meeting                    Business Regulatory Enforcement                       under Chapter 114, followed by a new
                                             Federal requirements and does not                       Fairness Act of 1996, generally provides              entry for Section 114.100; and revising
                                             impose additional requirements beyond                   that before a rule may take effect, the               the entry for Section 114.305.
                                             those imposed by state law. For that                    agency promulgating the rule must                        The additions and revisions read as
                                             reason, this action:                                    submit a rule report, which includes a                follows:
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                                               • Is not a ‘‘significant regulatory                   copy of the rule, to each House of the
                                             action’’ subject to review by the Office                Congress and to the Comptroller General               § 52.2270    Identification of plan.
                                             of Management and Budget under                          of the United States. The EPA will                    *       *    *      *     *
                                             Executive Orders 12866 (58 FR 51735,                    submit a report containing this rule and                  (c) * * *




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                                             8362               Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations

                                                                                                  EPA-APPROVED REGULATIONS IN THE TEXAS SIP
                                                                                                                      State
                                                                                                                    approval/
                                                 State citation                       Title/subject                                          EPA approval date                      Explanation
                                                                                                                    submittal
                                                                                                                      date


                                                        *                        *                       *                       *                       *                      *                 *

                                                                                         Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles


                                                        *                        *                       *                       *                       *                      *                 *

                                                                                                   Subchapter D—Oxygen Requirements for Gasoline

                                             Section 114.100 .....      Oxygenated Fuels ........................    1/20/2017       2/27/2018, [Insert Federal Reg-
                                                                                                                                       ister citation].

                                                        *                        *                       *                       *                       *                      *                 *

                                                                                                             Subchapter H—Low Emission Fuels
                                                                                                               Division 1: Gasoline Volatility


                                                      *                       *                    *                             *                      *                       *                 *
                                             Section 114.305 .....      Approved Test Methods ...............        1/20/2017       2/27/2018, [Insert Federal Reg-
                                                                                                                                       ister citation].

                                                        *                        *                       *                       *                       *                      *                 *



                                             *      *       *       *      *                           rule is intended to mitigate negative                  measures, and this information is not
                                             [FR Doc. 2018–03974 Filed 2–26–18; 8:45 am]               economic impacts to non-groundfish                     repeated here.
                                             BILLING CODE 6560–50–P                                    vessels, while maintaining conservation                   The Magnuson-Stevens Fishery
                                                                                                       benefits for the southern windowpane                   Conservation and Management Act
                                                                                                       flounder stock.                                        (Magnuson-Stevens Act) limits NMFS’
                                             DEPARTMENT OF COMMERCE                                    DATES: Effective March 1, 2018, through                emergency action authority to an initial
                                                                                                       April 30, 2018.                                        period of 180 days, with a potential
                                             National Oceanic and Atmospheric
                                             Administration                                            ADDRESSES: Copies of recent related                    extension up to an additional 186 days,
                                                                                                       actions, including Framework 52, 55,                   if certain criteria are met. An extension
                                             50 CFR Part 648                                           and Framework 56, the Environmental                    is allowed if the public has had an
                                                                                                       Assessments (EA), and their Regulatory                 opportunity to comment on the
                                             [Docket No. 170808738–7777–01]                            Impact Review, and the Final                           emergency regulation, and in the case of
                                                                                                       Regulatory Flexibility Act analysis                    a Council recommendation for an
                                             RIN 0648–BH11
                                                                                                       prepared by the New England Fishery                    emergency action, the Council is
                                             Magnuson-Stevens Fishery                                  Management Council and NMFS are                        actively developing a change to the
                                             Conservation and Management Act                           available from Michael Pentony,                        Fishery Management Plan (FMP) or
                                             Provisions; Fisheries of the                              Regional Administrator, NMFS Greater                   regulations to address the emergency on
                                             Northeastern United States; Northeast                     Atlantic Regional Office, 55 Great                     a permanent basis. We accepted public
                                             Groundfish Fishery; Fishing Year 2017;                    Republic Drive, Gloucester, MA 01930.                  comment on the emergency measures,
                                             Extension of Emergency Removal of                         The documents are also accessible via                  and received one comment in support of
                                             Southern Windowpane Accountability                        the internet at: https://www.nefmc.org/                the action. Additionally, the New
                                             Measures                                                  management-plans/northeast-                            England Fishery Management Council
                                                                                                       multispecies.                                          developed changes in Framework
                                             AGENCY:  National Marine Fisheries
                                                                                                       FOR FURTHER INFORMATION CONTACT:                       Adjustment 57 to the Northeast
                                             Service (NMFS), National Oceanic and
                                             Atmospheric Administration (NOAA),                        Sarah Heil, Senior Fishery Policy                      Multispecies (Groundfish) FMP to
                                             Commerce.                                                 Analyst, phone: 978–281–9257.                          permanently address the emergency.
                                                                                                       SUPPLEMENTARY INFORMATION: On                          Framework 57 is intended to be
                                             ACTION: Temporary rule; emergency
                                                                                                       September 1, 2017, we implemented                      implemented for the 2018 fishing year
                                             action extended.
                                                                                                       emergency measures to remove the                       beginning on May 1, 2018. As discussed
                                             SUMMARY:   This rule extends the                          southern windowpane flounder AMs for                   in more detail below, we determined the
                                             emergency action to remove the 2017                       non-groundfish trawl vessels (82 FR                    necessary criteria to extend the
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                                             southern windowpane flounder                              41564). These emergency measures                       emergency measures have been met.
                                             accountability measures (AM) for non-                     expire on February 28, 2018. The                       Therefore, this temporary rule removes
                                             groundfish trawl vessels. The rule is                     emergency rule published on September                  the southern windowpane flounder
                                             necessary because the emergency                           1, 2017, included detailed information                 AMs for non-groundfish trawl vessels
                                             measures would otherwise expire before                    on the background, reasons, and                        for the remainder of the 2017 fishing
                                             the end of the 2017 fishing year. This                    justification for the emergency                        year through April 30, 2018.


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Document Created: 2018-02-27 01:14:40
Document Modified: 2018-02-27 01:14:40
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
ActionDirect final rule.
DatesThis rule is effective on May 29, 2018 without further notice, unless the EPA receives relevant adverse comment by March 29, 2018. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactMr. John Walser, 214-665-7128, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Bill Deese at 214-665-7253.
FR Citation83 FR 8359 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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