Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7347 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 13, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: December 12, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(441)(i)(D) and 

(c)(442)(i)(D) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(441) * * * 

(i) * * * 

(D) San Joaquin Valley Air Pollution 

Control District. 

(1) Rule 4621, ‘‘Gasoline Transfer into 

Stationary Storage Containers, Delivery 

Vessels, and Bulk Plants,’’ amended on 

December 19, 2013. 

(2) Rule 4622, ‘‘Gasoline Transfer into 

Motor Vehicle Fuel Tanks,’’ amended 

on December 19, 2013. 

(442) * * * 

(i) * * * 

(D) Placer County Air Pollution 

Control District. 

(1) Rule 213, ‘‘Gasoline Transfer into 

Stationary Storage Containers,’’ 

amended on February 21, 2013. 

(2) Rule 214, ‘‘Transfer of Gasoline 

into Vehicle Fuel Tanks,’’ amended on 

February 21, 2013. 

* * * * * 

[FR Doc. 2015–02612 Filed 2–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R10–OAR–2014–0808; FRL 9922–81– 

Region 10] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Washington; Redesignation to 

Attainment for the Tacoma-Pierce 

County Nonattainment Area and 

Approval of Associated Maintenance 

Plan for the 2006 24-Hour Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is redesignating to 

attainment the entire Tacoma-Pierce 

County nonattainment area (hereafter 

‘‘the Tacoma area’’ or ‘‘the area’’) for the 

2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 


rljohnson on DSK3VPTVN1PROD with RULES
7348 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

1Control measures on tribal trust land will 

continue to be regulated pursuant to 40 CFR part 

49, which includes the Federal Implementation 

Plans under the Clean Air Act for Indian 

Reservations in Idaho, Oregon and Washington (70 

FR 18074, April 8, 2005) and Review of New 

Sources and Modifications in Indian Country (76 

FR 38748, July 1, 2011). 

standard (NAAQS). The EPA is also 

approving as a revision to the 

Washington State Implementation Plan 

(SIP), the associated maintenance plan 

that provides for continued compliance 

of the 2006 24-hour PM2.5 NAAQS. 

Additionally, the EPA is approving the 

2017 and 2026 motor vehicle emissions 

budgets included in Washington’s 

maintenance plan for PM2.5 and nitrogen 

oxides. 

DATES: This final rule is effective on 

March 12, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2014–0808. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information the disclosure 

of which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, hunt.jeff@

epa.gov, or by using the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we are 

giving meaning to certain words or initials as 

follows: 

(i) The words or initials ‘‘Act’’ or ‘‘CAA’’ 

mean or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The words ‘‘EPA,’’ ‘‘we,’’ ‘‘us’’ and 

‘‘our’’ mean or refer to the Environmental 

Protection Agency. 

(iii) The initials ‘‘SIP’’ mean or refer to 

State Implementation Plan. 

(iv) The words ‘‘Washington’’ and ‘‘State’’ 

mean the State of Washington. 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background Information 

The first air quality standards for 

PM2.5 were established on July 16, 1997 

(62 FR 38652, July 18, 1997). The EPA 

promulgated an annual standard at a 

level of 15 micrograms per cubic meter 

(mg/m3), based on a three-year average of 

annual mean PM2.5 concentrations (the 

1997 annual PM2.5 standard). In the 

same rulemaking action, the EPA 

promulgated a 24-hour standard of 65 

mg/m3, based on a three-year average of 

the 98th percentile of 24-hour 

concentrations. On October 17, 2006 (71 

FR 61144), the EPA retained the annual 

average standard at 15 mg/m3, but 

revised the 24-hour standard to 35 mg/ 

m3, based again on the three-year 

average of the 98th percentile of 24-hour 

concentrations (the 2006 24-hour PM2.5

standard or daily standard). On 

November 13, 2009, the EPA published 

designations for the 2006 24-hour PM2.5

NAAQS, which became effective on 

December 14, 2009 (74 FR 58688). In 

that rulemaking action, the EPA 

designated the Tacoma area as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS (see 77 FR 58774 and 40 

CFR 81.348). 

On September 4, 2012, the EPA 

determined that the Tacoma area had 

attained the 2006 24-hour PM2.5 NAAQS 

based upon complete, qualitycontrolled, certified 2009–2011 ambient 

air monitoring data available in the 

EPA’s Air Quality System database (77 

FR 53772). Pursuant to 40 CFR 

51.1004(c), in effect at that time, the 

requirements for the Tacoma area to 

submit an attainment demonstration 

and associated reasonably available 

control measures, a reasonable further 

progress plan, contingency measures, 

and other planning SIPs related to the 

attainment of the 2006 24-hour PM2.5

NAAQS are suspended until such time 

as: The area is redesignated to 

attainment, at which time the 

requirements no longer apply; or the 

EPA determines that the area has again 

violated the standard, at which time 

such plans are required to be submitted. 

On September 19, 2013, the EPA 

finalized a subsequent determination of 

attainment, updated with 2010–2012 

data, considering the effect of the D.C. 

Circuit Court’s January 4, 2013 decision 

to remand the implementation rule 

containing the provisions of 40 CFR 

51.1004(c) on the area (78 FR 57503). 

Natural Resources Defense Council v. 

EPA, 706 F.3d 428 (2013). A full 

description of the EPA’s rationale for 

the determination of attainment is 

contained in the proposal for that action 

(78 FR 42095, July 18, 2013). 

A determination of attainment does 

not relieve a state from submitting, and 

the EPA from approving, certain 

planning SIP revisions for the 2006 

PM2.5 NAAQS. On November 28, 2012, 

Washington submitted a 2008 baseline 

emissions inventory for direct PM2.5 and 

precursors to the formation of PM2.5

including nitrogen oxides (NOX), 

volatile organic compounds (VOCs), 

ammonia (NH3), and sulfur dioxide 

(SO2) to meet the comprehensive 

emissions inventory requirement of 

Clean Air Act (CAA) section 172(c) for 

the 2006 24-hour PM2.5 NAAQS. Also 

included in Washington’s submittal 

were SIP strengthening rules to 

implement the recommendations of the 

Tacoma-Pierce County Clean Air Task 

Force, an advisory committee of 

community leaders, citizen 

representatives, public health advocates, 

and other affected parties, formed to 

develop PM2.5 reduction strategies. 

These SIP strengthening rules were 

focused on controlling PM2.5 emissions 

from residential wood combustion, 

which at that time comprised 74% of 

direct PM2.5 emissions on winter days 

when 24-hour PM2.5 NAAQS 

exceedances were most likely. The EPA 

approved the 2008 baseline emissions 

inventory and SIP strengthening rules 

on May 29, 2013 (78 FR 32131). 

On November 3, 2014, Ecology 

submitted a request to redesignate the 

Tacoma area from nonattainment to 

attainment for the 2006 24-hour PM2.5

NAAQS. The submittal included a 

maintenance plan as a SIP revision to 

ensure continued attainment of the 

standard over the next 10 years. On 

December 11, 2014, the EPA proposed 

to redesignate the entire Tacoma area, 

including tribal trust and non-trust 

lands, from nonattainment to attainment 

for the 2006 24-hour PM2.5 NAAQS (79 

FR 73525).1 The EPA also proposed to 

approve the associated maintenance 

plan, including motor vehicle emission 

budgets for 2017 and 2026. An 

explanation of the CAA requirements, a 

detailed explanation of the revisions, 

and the EPA’s reasons for approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for the 

proposed rule ended on January 12, 

2015. We did not receive any comments 

on the proposal. 

II. Final Action 

The EPA is changing the official 

designation of the Tacoma area for the 

2006 24-hour PM2.5 NAAQS found at 40 

CFR part 81, from nonattainment to 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7349 

attainment, because the area meets the 

criteria set forth in CAA section 

107(d)(3)(E). This final action was 

reached after offering consultation to the 

Puyallup Tribe of Indians and after 

reviewing technical analyses, emissions 

inventories, and monitoring data 

covering the entire area, including tribal 

trust and non-trust lands as described in 

the proposed rule. The EPA is also 

approving and incorporating into the 

Washington SIP the associated 

maintenance plan ensuring continued 

attainment of the 2006 24-hour PM2.5

NAAQS in the area for the next 10 

years. For transportation conformity 

purposes, the EPA is approving the 2017 

and 2026 motor vehicle emissions 

budgets included in Washington’s 

maintenance plan for PM2.5 and nitrogen 

oxides. 

III. Statutory and Executive Orders 

Review 

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 Clean Air Act. Accordingly, this 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• Does not provide the 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). 

The SIP is not approved to apply on 

any Indian reservation land in 

Washington except for as specifically 

noted below and is also not approved to 

apply in any other area where the 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Washington’s SIP is approved to apply 

on non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area. Consistent with EPA policy, the 

EPA provided a consultation 

opportunity to the Puyallup Tribe in a 

letter dated September 8, 2014. The EPA 

did not receive a request for 

consultation. 

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 action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 13, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: January 28, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. In § 52.2470, in paragraph (e), Table 

2, is amended by adding at the end of 

the table a section heading entitled 

‘‘Recently Approved Plans’’ followed by 

the entry entitled ‘‘Particulate Matter 

(PM2.5) Maintenance Plan’’ to read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 


rljohnson on DSK3VPTVN1PROD with RULES
7350 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date EPA Approval date Comments 

*******

Recently Approved Plans 

Particulate Matter (PM2.5) Maintenance Plan.Tacoma, Pierce County ............... 11/03/14 2/10/15 [insert Federal 

Register citation].

* * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.348 amend in the table 

entitled ‘‘Washington—2006 24-Hour 

PM2.5 NAAQS’’ by revising the entry for 

‘‘Tacoma, WA’’ and footnote 2 to read 

as follows: 

§ 81.348 Washington. 

* * * * * 

WASHINGTON—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Tacoma, WA 

Pierce County (part) ......................................................... 3/12/15 Attainment.


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7351 

WASHINGTON—2006 24-HOUR PM2.5 NAAQS—Continued 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Starting from where an extension of Kennedy Road 

Northeast would intersect Commencement Bay, 

proceed north to the intersection of Marine View 

Drive (State Route 509) and Kennedy Road 

Northeast. Proceed south on Marine View Drive 

to Hylebos Creek. Proceed south along Hylebos 

Creek to 12th Street East. Proceed east on 12th 

Street East to 70th Avenue East. Proceed south 

on 70th Avenue East to State Route 99 (S.R. 

99). Proceed north on S.R. 99 0.1 mile north of 

Birch Street to a driveway to the east. Proceed 

east along the driveway and continue east along 

the same alignment to the Pierce County Line/ 

Comprehensive Urban Growth Area (CUGA) 

boundary. Proceed east along the Pierce County 

Line/CUGA boundary to the eastern boundary of 

Edgewood. Proceed south along the eastern 

boundary of Edgewood to eastern boundary of 

the Sumner Urban Service Area. Proceed south 

along eastern boundary of the Sumner Urban 

Service Area to the eastern boundary of the Puyallup Urban Service Area. Proceed south along 

the eastern boundary of the Puyallup Urban 

Service Area to the eastern boundary of Puyallup/CUGA boundary. Proceed south and then 

west along the CUGA boundary to the eastern 

boundary of McChord Air Force Base. Proceed 

north along the eastern boundary of McChord Air 

Force Base to the northernmost point on the 

eastern boundary. Proceed from the northernmost point on the eastern boundary of McChord 

Air Force Base to the south right-of-way of S.R. 

512. Proceed west along the south right-of-way 

of S.R. 512 to the south right-of-way of I–5. Proceed south along the south right-of-way to I–5 to 

the point opposite the boundary between Lakewood and Camp Murray. Proceed north across I– 

5 to the boundary between Lakewood and Camp 

Murray. Proceed north along the western boundary of Lakewood to the point where the western 

boundary coincides with the CUGA boundary. 

Proceed north along the CUGA boundary to the 

southern boundary of Point Defiance Park. Proceed east along the southern boundary of Point 

Defiance Park to Commencement Bay/CUGA 

boundary. Proceed southeast, then northeast, 

and finally northwest along the CUGA boundary 

to the starting point.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2015–02619 Filed 2–9–15; 8:45 am] 

BILLING CODE 6560–50–P 


rljohnson on DSK3VPTVN1PROD with RULES
7352 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 101–42, 101–45, and 102– 

40 

[FMR Change–2015–01; FPMR Case 2003– 

101–1; FMR Case 2003–102–4; Docket 

2007–0001; Sequence 6] 

RIN 3090–AH21 

Federal Management Regulation; 

Utilization and Disposition of Personal 

Property With Special Handling 

Requirements 

AGENCY: Office of Government-wide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: GSA is amending the Federal 

Property Management Regulations 

(FPMR) by revising coverage regarding 

hazardous materials and certain 

categories of personal property, 

removing existing regulatory provisions 

from the FPMR, and moving coverage 

into the Federal Management Regulation 

(FMR). Upon issuance of this final rule, 

the FMR will address all types of 

personal property requiring special 

handling. A cross-reference is added to 

the FPMR to direct readers to the 

coverage in the FMR. 

DATES: Effective: This final rule is 

effective February 10, 2015. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, 1800 F Street 

NW., Washington, DC 20405, at (202) 

501–4755 for information pertaining to 

status or publication schedules. For 

clarification of content, contact Robert 

Holcombe, Director, Personal Property 

Policy (MAD), at (202) 501–3828. Please 

cite FPMR Case 2003–101–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule updates, streamlines, 

and clarifies content currently in FPMR 

part 101–42 and moves it into the FMR 

as part 102–40. This final rule also 

removes FPMR sections 101–45.001, 

101–45.002, and 101–45.004. The 

subject matter of these sections is 

addressed in FMR sections 102–40.195 

(disposal of items requiring 

demilitarization); 102–40.50 (handling 

of property reported to GSA so as to 

preserve civilian utility as far as 

possible); 102–40.225 (disposal of 

precious metals); and 102–40.140 

(disposal of all-terrain vehicles (ATV)). 

In addition, this final rule removes 

FPMR section 101–45.003 regarding 

vehicle reconditioning. This section 

contains provisions that the Federal 

fleet community considers standard 

business practices, and is more 

prescriptive of specific tasks than is 

intended by this Governmentwide 

regulation. 

The final rule is written in a plain 

language question and answer format. 

This style uses an active voice, shorter 

sentences, and pronouns. A question 

and its answer combine to establish a 

regulation. 

The amended FMR part 102–40 

includes the following specific changes 

from FPMR part 101–42: 

1. Section 102–40.30 revises 

definitions previously included in 

FPMR part 101–42, and includes the 

following terms and definitions not 

found in section 101–42.001: 

(a) Ammunition 

(b) Ammunition Components 

(c) Commerce Control List Item (CCLI) 

(d) Demilitarization 

(e) Electronic Product 

(f) Safety Data Sheet (SDS) 

(g) Medical device 

(h) Munitions List Item 

(i) Perishable 

(j) Precious metals 

(k) Radiation Safety Performance 

Standards 

(l) Universal Waste(s) 

2. Section 102–40.55 introduces the 

requirements for the disposal of 

perishables. 

3. Section 102–40.100 revises and 

replaces FPMR section 101–42.401, 

Sales responsibilities for hazardous 

material, by allowing agencies to sell 

property with special handling 

requirements through Sales Centers. 

4. Section 102–40.140 updates the 

policy on disposal of all-terrain vehicles 

(ATVs) and includes a certification 

statement to be used when donating 

ATVs. 

5. Section 102–40.145 includes the 

topic of disposal of ammunition. The 

disposition of ammunition and 

ammunition components are combined 

in new part 102–40. The policy 

contained in part 102–40 allows for the 

sale of non-expended ammunition and 

ammunition components (both 

expended and non-expended) only to 

companies licensed to perform 

manufacturing/remanufacturing, or 

companies allowed to recover basic 

material content of the ammunition or 

ammunition components in accordance 

with Federal, state, and local laws and 

regulations. In addition to being sold as 

just described, expended ammunition 

cartridge cases may also be transferred 

or donated when the recipient certifies 

that the cartridge case will be reloaded 

and used only for law enforcement 

purposes. 

6. Section 102–40.150 provides the 

requirements for handling live animals 

and plants. Live animals and plants 

should be reported to GSA for transfer, 

donation, or sale, except when specific 

exceptions apply. 

7. Section 102–40.165 is revised to 

remove obsolete requirements for a 

letter of clearance by the Food and Drug 

Administration (FDA) for the donation 

of surplus drugs, biologicals, and 

reagents to the state agency or 

designated donee and removing the 

requirement for the state agency or 

designated donee to obtain samples of 

surplus drugs, biologicals, and reagents 

from the holding agency for laboratory 

examination by the FDA. 

8. Section 102–40.175 is revised to 

align policy on the disposal of surplus 

firearms with policy contained in part 

102–36, where GSA may donate certain 

classes of surplus firearms to state and 

local government activities whose 

primary function is the enforcement of 

applicable Federal, state, and/or local 

laws whose compensated law 

enforcement officers have the authority 

to apprehend and arrest. It also aligns 

with the Bureau of Alcohol, Tobacco, 

Firearms and Explosives’ (ATF) policy 

for the disposal of firearms subject to 

the National Firearms Act. The 

definition of ‘‘firearm’’ in Section 102– 

40.30 was revised to reflect the 

definition in 18 U.S.C. 921(a). 

9. Section 102–40.190 has procedures 

for the disposal of medical devices. 

Medical devices are subject to the laws 

and regulations administered by the 

FDA. 

10. Section 102–40.200 has special 

requirements for handling Commerce 

Control List Items. 

11. Section 102.40–205 provides 

guidance on where to find procedures 

for handling national stockpile material. 

Materials acquired for the national 

stockpile, the supplemental stockpile, or 

material or equipment acquired under 

Section 303 of the Defense Production 

Act of 1950, as amended, are not 

covered by the FMR. 

12. Section 102–40.215 provides the 

provision for handling ozone depleting 

substances (ODSs). An overview of laws 

and regulations covering the use and 

disposal of ODSs is found at the 

Environmental Protection Agency (EPA) 

Web site. 

13. Section 102–40.225 includes a 

revision to the policy regarding the sale 

of precious metals. The policy requiring 

precious metals to be sold only under a 

sealed bid sale has been removed, and 


rljohnson on DSK3VPTVN1PROD with RULES