65104 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this rule authorizes pre-existing 

state rules which are at least equivalent 

to, and no less stringent than existing 

federal requirements, and imposes no 

additional requirements beyond those 

imposed by state law, and there are no 

anticipated significant adverse human 

health or environmental effects, the rule 

is not subject to Executive Order 12898. 

The Congressional Review Act, 5 

U.S.C. 801–808, 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 document 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 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). This 

action will be effective on March 15, 

2019. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: December 13, 2018. 

Douglas Benevento, 

Regional Administrator, Region 8. 

[FR Doc. 2018–27422 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R08–UST–2018–0728; FRL–9986–98– 

Region 8] 

North Dakota: Final Approval of State 

Underground Storage Tank Program 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of North Dakota’s Underground Storage 

Tank (UST) program submitted by the 

State. The EPA has determined that 

these revisions satisfy all requirements 

needed for program approval. The 

State’s federally-authorized and codified 

UST program, as revised pursuant to 

this action, will remain subject to the 

EPA’s inspection and enforcement 

authorities under sections 9005 and 

9006 of RCRA subtitle I and other 

applicable statutory and regulatory 

provisions. 

DATES: This rule is effective March 15, 

2019, unless the EPA receives adverse 

comment by January 18, 2019. If the 

EPA receives substantive adverse 

comment, it will publish a timely 

document either: Withdrawing the 

direct final publication or affirming the 

publication and responding to 

comments. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

2. Email: Bents.Benjamin@epa.gov. 

3. Mail: Benjamin Bents, Resource 

Conservation and Recovery Program, 

Office of Partnerships and Regulatory 

Assistance (8P–R), EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

4. Hand Delivery or Courier: Deliver 

your comments to Benjamin Bents, 

Region 8, Resource Conservation and 

Recovery Program, Office of 

Partnerships and Regulatory Assistance 

(8P–R), EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–UST–2018– 

0728. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov, or email. The 

federal http://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to the EPA 

without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, the EPA 

may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

You can view and copy the 

documents that form the basis for this 

action and associated publicly available 

materials from 8:30 a.m. to 4:00 p.m., 

Monday through Friday at the following 

location: EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

phone number (303) 312–6284. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least 2 

days in advance. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Bents, (303) 312–6435, 

Bents.Benjamin@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Benjamin Bents at 

(303) 312–6435. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to North 

Dakota’s Underground Storage Tank 

Program 

A. Why are revisions to state programs 

necessary? 

States which have received final 

approval from the EPA under RCRA 

section 9004(b) of RCRA, 42 U.S.C. 

6991c(b), must maintain an 

underground storage tank program that 

is equivalent to, consistent with, and no 

less stringent than the federal 

underground storage tank program. 


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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65105 

When the EPA makes revisions to the 

regulations that govern the UST 

program, states must revise their 

programs to comply with the updated 

regulations and submit these revisions 

to the EPA for approval. Most 

commonly, states must change their 

programs because of changes to the 

EPA’s regulations in 40 Code of Federal 

Regulations (CFR) part 280. States can 

also initiate changes on their own to 

their underground storage tank program 

and these changes must then be 

approved by the EPA. 

B. What decisions has the EPA made in 

this rule? 

On July 26, 2018, in accordance with 

40 CFR 281.51(a), North Dakota 

submitted a complete program revision 

application seeking the EPA approval 

for its UST program revisions (State 

Application). North Dakota’s revisions 

correspond to the EPA final rule 

published on July 15, 2015 (80 FR 

41566), which revised the 1988 UST 

regulations and the 1988 state program 

approval (SPA) regulations (2015 

Federal Revisions). As required by 40 

CFR 281.20, the State Application 

contains the following: A transmittal 

letter from the Governor requesting 

approval, a description of the program 

and operating procedures, a 

demonstration of the State’s procedures 

to ensure adequate enforcement, a 

Memorandum of Agreement outlining 

the roles and responsibilities of the EPA 

and the implementing agency, a 

statement of certification from the 

Attorney General, and copies of all 

relevant state statutes and regulations. 

We have reviewed the State Application 

and determined that the revisions to 

North Dakota’s UST program are 

equivalent to, consistent with, and no 

less stringent than the corresponding 

federal requirements in subpart C of 40 

CFR part 281, and that the North Dakota 

program provides for adequate 

enforcement of compliance (40 CFR 

281.11(b)). Therefore, the EPA grants 

North Dakota final approval to operate 

its UST program with the changes 

described in the program revision 

application, and as outlined below in 

Section I.G of this document. 

The State of North Dakota adopted 

state Senate Bill No. 2327 [S.L. 2017, ch. 

199, section 75] which separated the 

Environmental Health Section from the 

North Dakota Department of Health 

(NDDOH) to create a stand-alone 

Department of Environmental Quality 

(NDDEQ). Per S.L. 2017, ch. 199, 

Section 75, the transfer of authority, 

power, and duties related to 

environmental quality from NDDOH to 

NDDEQ will become effective upon the 

North Dakota Legislative Council’s 

receipt of the certification by the Chief 

of the Environmental Health Section of 

the State Department of Health attesting 

that all necessary federal approvals have 

been obtained and all necessary federal 

and other agreements have been 

amended to ensure the state will 

continue to meet the authorization 

requirements it currently satisfies after 

the transfer of authority, powers, and 

duties from the NDDOH to the NDDEQ. 

The EPA understands that the State 

intends to take the necessary additional 

steps as specified in S.L. 2017, ch. 199, 

Section 75, to ensure that NDDEQ 

comes into existence and that the 

NDDEQ rules are effective as a matter of 

State law prior to the effective date of 

the EPA’s approval of these revisions. 

This direct final rule constitutes the 

EPA approval of the transfer of all 

duties and responsibilities of the State 

relating to the existing federal 

underground storage tank program in 

North Dakota from the NDDOH to the 

NDDEQ. 

C. What is the effect of this action on the 

regulated community? 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations being approved by this rule 

are already in effect in the State of North 

Dakota and are not changed by this 

action. This action merely approves the 

existing state regulations as meeting the 

federal requirements and renders them 

federally enforceable. 

D. Why is the EPA using a direct final 

rule? 

The EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and we 

anticipate no adverse comment. Unless 

the EPA receives adverse written 

comments during the review and 

comment period, the decision to 

authorize North Dakota’s UST program 

revision will take effect as provided 

below. 

E. What happens if the EPA receives 

comments that oppose this action? 

Along with this direct final rule, the 

EPA is publishing a separate document 

in the ‘‘Proposed Rules’’ section of this 

issue of the Federal Register that serves 

as the proposal to approve the State’s 

UST program revisions, and provides an 

opportunity for public comment. If the 

EPA receives substantive comments that 

oppose this approval, the EPA will 

withdraw this direct final rule by 

publishing a document in the Federal 

Register before it becomes effective. The 

EPA will base any further decision on 

approval of the State Application after 

considering all comments received 

during the comment period. The EPA 

will then address all public comments 

in a later final rule. You may not have 

another opportunity to comment. If you 

want to comment on this approval, you 

must do so at this time. 

F. For what has North Dakota previously 

been approved? 

On December 10, 1991, the EPA 

finalized a rule approving the UST 

program that North Dakota proposed to 

administer in lieu of the federal UST 

program. On August 21, 1995, the EPA 

codified the provisions of the approved 

North Dakota program that are part of 

the underground storage tank program 

under subtitle I of RCRA, and therefore 

are subject to the EPA’s inspection and 

enforcement authorities under RCRA 

sections 9005 and 9006, 42 U.S.C. 6991d 

and 6991e, and other applicable 

statutory and regulatory provisions. 

G. What changes are we approving with 

this action and what standards do we 

use for review? 

In order to be approved, each state 

program application must meet the 

general requirements in 40 CFR 281.11, 

and specific requirements in 40 CFR 

Subpart B (Components of a Program 

Application); Subpart C (Criteria for No 

Less Stringent); and Subpart D 

(Adequate Enforcement of Compliance). 

This also is true for proposed revisions 

to approved state programs. 

As more fully described below, the 

State has made the changes to its 

approved UST program to reflect the 

2015 Federal Revisions. The EPA is 

approving the State’s changes because 

they are equivalent to, consistent with, 

and no less stringent than the federal 

UST program and because the EPA has 

confirmed that the North Dakota UST 

program will continue to provide for 

adequate enforcement of compliance as 

described in 40 CFR 281.11(b) and part 

281, Subpart D after this approval. 

Once the State takes the necessary 

additional steps as specified in S.L. 

2017, ch. 199, Section 75: The NDDEQ 

and its rules and statutes would be 

effective as a matter of state law; and the 

authority, power, and duties of the 

NDDOH as the implementing agency for 

the UST program in North Dakota 

(except in Indian country) would 

transfer to the NDDEQ. 

The State continues to have broad 

statutory authority to regulate the 

installation, operation, maintenance, 

and closure of USTs, as well as UST 

releases under North Dakota Century 

Code, Sections 23.1–04. The North 


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65106 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

Dakota UST Program obtains its 

enforcement authority from N.D.C.C. 

section 23.1–03. The NDDEQ has the 

responsibility for the administration and 

enforcement of this chapter. It has the 

power, and its duties are, to: (1) 

Administer the state hazardous waste 

management and underground storage 

tank programs, (2) Prepare, adopt, 

promulgate, modify, repeal, and enforce 

rules and regulations governing the 

management of hazardous waste and 

underground storage tanks, and (3) 

Enter into agreements or letters of 

understanding with other local, state, or 

federal agencies regarding 

responsibilities for regulating hazardous 

wastes and underground storage tanks 

in order to promote consistency in 

enforcement and to avoid duplication in 

regulation (N.D.C.C. section 23.1–03). 

Specific authorities to regulate the 

installation, operation, maintenance, 

and closure of USTs, as well as UST 

releases are found under N.D.C.C. 

section 23.1–04–06 and 23.1–04.1, as 

amended effective as provided by S.L. 

2017, ch. 199, section 75. The 

aforementioned statutory sections and 

regulations satisfy the requirements of 

40 CFR 281.40 and 281.41. 

Through a Memorandum of 

Agreement between the State of North 

Dakota and the EPA, signed by the EPA 

on November 9, 2018 (MOA), the State 

maintains procedures for receiving and 

ensuring proper consideration of 

information about violations submitted 

by the public. In the MOA, the State 

agrees to comply with public 

participation provisions contained in 40 

CFR 281.42 including the requirement 

that the State will not oppose 

intervention under its State rule 

analogous to Rule 24(a)(2) of the Title IV 

of the Federal Rules of Civil Procedure 

on the grounds that the applicant’s 

interest is adequately represented by the 

State. North Dakota, therefore, has met 

the public participation requirements 

found in 40 CFR 281.42. 

To qualify for final approval, 

revisions to a state’s program must be 

‘‘equivalent to, consistent with, and no 

less stringent’’ than the 2015 Federal 

Revisions. In the 2015 Federal 

Revisions, the EPA addressed UST 

systems deferred in the 1988 UST 

regulations, and added, among other 

things, new operation and maintenance 

requirements; secondary containment 

requirements for new and replaced 

tanks and piping; operator training 

requirements; and a requirement to 

ensure UST system compatibility before 

storing certain biofuel blends. In 

addition, the EPA removed past 

deferrals for emergency generator tanks, 

field constructed tanks, and airport 

hydrant systems. The EPA analyzes 

revisions to approved state programs 

pursuant to the criteria found in 40 CFR 

281.30 through 281.39. 

Title 40 CFR 281.39 describes the 

state operator training requirements that 

must be met in order to be considered 

equivalent to, consistent with, and no 

less stringent than federal requirements. 

North Dakota did not incorporate by 

reference federal requirements for 

operator training, and has promulgated 

and is implementing its own operator 

training provisions under N.D.A.C. 

sections 33.1–24–08–45 to 33.1–24–08– 

48. After a thorough review, the EPA 

has determined that North Dakota’s 

operator training requirements are 

equivalent to, consistent with, and no 

less stringent than federal requirements. 

As part of the State Application, the 

North Dakota Attorney General certified 

that the State revisions meet the 

requirements ‘‘equivalent to, consistent 

with, and no less stringent’’ criteria in 

40 CFR 281.30 through 281.39. The EPA 

is relying on this certification in 

addition to the analysis submitted by 

the State in making our determination 

that the DEQ has revised its regulations 

to help ensure that the State’s UST 

program revisions are equivalent to, 

consistent with, and no less stringent 

than the 2015 Federal Revisions. For 

further information on the EPA’s 

analysis of the State’s application, see 

the chart in the Technical Support 

Document (TSD) contained in the 

docket for this rulemaking. 

H. Where are the revised rules different 

from the federal rules? 

Where an approved state program 

includes requirements that are 

considered more stringent than required 

by federal law; the more stringent 

requirements become part of the 

federally approved program. (40 CFR 

281.12(a)(3)(ii)) 

The following regulatory 

requirements are considered more 

stringent than the federal program, and 

on approval, they become part of the 

federally approved program and are 

federally enforceable: 

At N.D.A.C. section 33.1–24–08– 

03.52, the State defines piping as 

replaced when more than 10 feet of 

piping is removed and other piping is 

installed. 

At N.D.A.C. section 33.1–24–08–45, 

North Dakota requires facility owners 

and operators notify the department and 

provide the name of each designated 

Class A and B operator for each UST 

facility, including any changes to the 

Class A or B operators. 

I. How does this action affect Indian 

country (18 U.S.C. 1151) in North 

Dakota? 

The EPA’s approval of the North 

Dakota Underground Storage Tank 

Program (State Program) does not 

extend to Indian country, as defined in 

18 U.S.C. 1151. Indian country in North 

Dakota generally includes: 

1. Lands within the exterior 

boundaries of the following Indian 

Reservations located within North 

Dakota: 

a. Fort Berthold Indian Reservation 

b. Spirit Lake Reservation 

c. Standing Rock Sioux Reservation 

d. Turtle Mountain Indian 

Reservation 

2. Any land held in trust by the 

United States for an Indian tribe, and 

3. Any other areas that are ‘‘Indian 

country’’ within the meaning of 18 

U.S.C. 1151. 

Therefore, this program revision does 

not extend to Indian country; the EPA 

will retain responsibilities under the 

Resource Conservation Recovery Act of 

1976 (RCRA) in Indian country. 

II. Statutory and Executive Order (E.O.) 

Reviews 

This action only applies to North 

Dakota’s UST Program requirements 

pursuant to RCRA Section 9004 and 

imposes no requirements other than 

those imposed by state law. It complies 

with applicable EOs and statutory 

provisions as follows: 

A. Executive Order 12866 Regulatory 

Planning and Review, Executive Order 

13563: Improving Regulation and 

Regulatory Review 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, Oct. 4, 1993) and 

13563 (76 FR 3821, Jan. 21, 2011). This 

action approves and codifies state 

requirements for the purpose of RCRA 

section 9004 and imposes no additional 

requirements beyond those imposed by 

state law. Therefore, this action is not 

subject to review by OMB. 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 (82 FR 9339, February 3, 2017) 

regulatory action because actions such 

as this final approval of North Dakota’s 

revised underground storage tank 

program under RCRA are exempted 

under Executive Order 12866. 

Accordingly, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 


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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65107 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

C. Unfunded Mandates Reform Act and 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Because this action approves and 

codifies pre-existing requirements under 

state law and does not impose any 

additional enforceable duty beyond that 

required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1531–1538). For the same 

reason, this action also does not 

significantly or uniquely affect the 

communities of tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

D. Executive Order 13132: Federalism 

This action will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

Aug. 10, 1999), because it merely 

approves and codifies state 

requirements as part of the State RCRA 

Underground Storage Tank Program 

without altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

E. Executive Order 13045: Protection of 

Children from Environmental Health 

and Safety Risks 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

Apr. 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. 

F. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

G. National Technology Transfer and 

Advancement Act 

Under RCRA section 9004(b), the EPA 

grants a state’s application for approval 

as long as the state meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a state approval 

application, to require the use of any 

particular voluntary consensus standard 

in place of another standard that 

otherwise satisfies the requirements of 

RCRA. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

H. Executive Order 12988: Civil Justice 

Reform 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, the EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

I. Executive Order 12630: Governmental 

actions and interference with 

constitutionally protected property 

rights 

The EPA has complied with Executive 

Order 12630 (53 FR 8859, Mar. 15, 1988) 

by examining the takings implications 

of the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. 

J. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this rule approves pre-existing 

state rules which are at least equivalent 

to, consistent with, and no less stringent 

than existing federal requirements, and 

imposes no additional requirements 

beyond those imposed by state law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, the rule is not subject to 

Executive Order 12898. 

L. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801–808, 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 document 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 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). 

However, this action will be effective 

March 15, 2019, because it is a direct 

final rule. 

Authority: This rule is issued under the 

authority of Sections 2002(a), 7004(b), and 

9004, 9005 and 9006 of the Solid Waste 

Disposal Act, as amended, 42 U.S.C. 6912(a), 

6974(b), and 6991c, 6991d, and 6991e. 

List of Subjects in 40 CFR Part 281 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, State program 

approval, and Underground storage 

tanks. 

Dated: December 13, 2018. 

Douglas Benevento, 

Regional Administrator, Region 8. 

[FR Doc. 2018–27420 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG467 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 Feet 

(18.3 Meters) Length Overall Using 

Hook-and-Line or Pot Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters (m)) length 


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