Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 49411 

1 76 FR 38844. 

2 77 FR 59458. 

3Letter dated August 11, 2011 to Administrator 

Lisa Jackson from Charles T. Drevna, President 

National Petrochemical & Refiners Association, 

‘‘Subject: Docket EPA–HQ–OAR–2010–0133— 

Comments on EPA’s proposal for 2012 RFS RVOs 

and biomass-based diesel volume for 2013’’. Letter 

dated August 11, 2011 to Air and Radiation Docket 

from Patrick Kelly, Senior Policy Advisor American 

Petroleum Institute, ‘‘Re: Docket ID No. EPA–HQ– 

OAR–2010–0133 The U.S. Environmental 

Protection Agency’s Proposed Rule on Regulation of 

Fuel and Fuel Additives: 2012 Renewable Fuel 

Standards’’. 

4Letter dated November 20, 2012 to Honorable 

Lisa Jackson from Richard Moskowitz, American 

Fuel & Petrochemical Manufacturers, ‘‘Re: Petition 

for Reconsideration—Docket No. EPA–HQ–OAR– 

2010–0133. Letter dated November 26, 2012 to 

Honorable Lisa Jackson from Robert L. Greco, III, 

American Petroleum Institute, ‘‘Re: Request for 

Reconsideration of EPA’s Final Rulemaking ‘‘2013 

biomass-Based Diesel Renewable Fuel Volume’’. 

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). 

This proposed rule, pertaining to 

Delaware’s CAA section 110(a)(2) 

infrastructure requirements for the 2010 

NO2 NAAQS, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Reporting 

and recordkeeping requirements. 

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

Dated: July 31, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–19751 Filed 8–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2010–0133; FRL–9900–01– 

OAR] 

RIN 2060–AR55 

Denial of Petitions for Reconsideration 

of Regulation of Fuels and Fuel 

Additives: 2013 Biomass-Based Diesel 

Renewable Fuel Volume Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of denial of petitions for 

reconsideration. 

SUMMARY: The Environmental Protection 

Agency (EPA, or Agency) is denying two 

petitions for reconsideration of the final 

rule entitled Regulation of Fuels and 

Fuel Additives: 2013 Biomass-Based 

Diesel Renewable Fuel Volume. 

DATES: EPA’s denials of the petitions for 

reconsideration were issued by letters 

dated August 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Paul 

Argyropoulos; Office of Transportation 

and Air Quality; Environmental 

Protection Agency; 1200 Pennsylvania 

Avenue NW., Washington, DC 20460; 

telephone number: (202) 564–1123; 

email address: 

argyropoulos.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Description of Action: Section 

211(o)(2)(B)(ii) of the Clean Air Act 

requires that EPA determine the 

applicable volume of biomass-based 

diesel to be used in setting annual 

percentage standards under the 

renewable fuel standard program for 

years after 2012. EPA issued a Notice of 

Proposed Rulemaking (‘‘NPRM’’) on July 

1, 2011 which proposed a number of 

actions,1 including proposing 1.28 

billion gallons as the applicable volume 

of biomass-based diesel for 2013. After 

considering public comments on its 

proposal, EPA issued a final rule on 

September 27, 2012 establishing 1.28 

billion gallons as the applicable volume 

of biomass based diesel for 2013.2

Petitioners, the American Fuel & 

Petrochemical Manufacturers (AFPM) 

and the American Petroleum Institute 

(API), submitted comments 3 to EPA 

during the comment period on the July 

1, 2011, proposed rule, and 

subsequently each individually 

submitted a petition for reconsideration 

of the final rule published on September 

27, 2012 and which became effective on 

November 26, 2012.4 Both petitioners 

requested that EPA reconsider its final 

decision to set the applicable volume 

requirement of biomass-based diesel at 

1.28 billion gallons instead of the 

minimum 1.0 billion gallons specified 

in the statute. Issues raised by AFPM 

included the impact of the 2012 drought 

on feedstock availability and cost, the 

impact of fraudulent RINs on EPA’s 

assessment of the growth potential of 

the biodiesel industry in 2013, and the 

adequacy of EPA’s assessment of 

impacts of the rule related to cost, 

energy security, job creation, 

greenhouse case emissions and other 

matters. API’s petition was more limited 

and focused on the issue of fraudulent 

RINs. 

After carefully considering the 

petitions and all supporting 

information, the EPA Administrator 

denied the petitions for reconsideration 

on August 6, 2013 in separate letters to 

the petitioners. EPA denied the 

petitions because they each failed to 

meet the criteria for reconsideration in 

CAA section (307)(d)(7)(B); each of the 

objections raised in these petitions 

either were or could have been raised 

during the comment period on the 

proposed rule, or are not of central 

relevance to the outcome of the rule 

because they do not provide substantial 

support for the argument that the final 

rule establishing the applicable volume 

of biomass-based diesel for 2013 should 

be revised. The letters and an 

accompanying memorandum explain in 

detail the EPA’s reasons for the denials. 

How can I get copies of these 

documents and other related 

information? 

This Federal Register notice, the 

petitions for reconsideration, and the 

letters denying the petitions along with 

the accompanying memorandum which 

explains EPA’s reasons for denial are 

available in the docket that EPA 


tkelley on DSK3SPTVN1PROD with PROPOSALS
49412 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

established for the ‘‘Regulation of Fuels 

and Fuel Additives: 2013 BiomassBased Diesel Renewable Fuel Volume’’ 

under Docket ID No. EPA–HQ–OAR– 

2010–0133. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Publicly 

available docket materials are available 

either electronically through http:// 

www.regulations.gov or in hard copy at 

EPA’s Docket Center, Public Reading 

Room, EPA West Building, Room 3334, 

1301 Constitution Avenue NW., 

Washington, DC 20004. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

The letters denying the petitions for 

reconsideration and the accompanying 

memorandum explaining EPA’s reasons 

for denial has been posted on the EPA 

Web site at: http://www.epa.gov/otaq/ 

fuels/renewablefuels/notices.htm. 

Dated: August 6, 2013. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. 2013–19625 Filed 8–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 175 

46 CFR Parts 160 and 169 

[Docket No. USCG–2013–0263] 

RIN 1625–AC02 

Personal Flotation Devices Labeling 

and Standards 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

remove references to type codes in its 

regulations on the carriage and labeling 

of Coast Guard-approved personal 

flotation devices (PFDs). PFD type codes 

are unique to Coast Guard approval and 

are not well understood by the public. 

Removing these type codes from our 

regulations would facilitate future 

incorporation by reference of new 

industry consensus standards for PFD 

labeling that will more effectively 

convey safety information, and is a step 

toward harmonization of our regulations 

with PFD requirements in Canada and 

in other countries. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before October 15, 2013 or reach 

the Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2013–0263 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Ms. Brandi Baldwin, 

Coast Guard; telephone 202–372–1394, 

email Brandi.A.Baldwin@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Ms. Barbara Hairston, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Basis and Purpose 

IV. Background 

V. Discussion of Proposed Rule 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2013–0263), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov and insert 

‘‘USCG–2013–0263’’ in the ‘‘Search’’ 

box. Press Enter and then click on the 

comment box in the row listing the 

NPRM. If you submit your comments by 

mail or hand delivery, submit them in 

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

We will consider all comments and 

material received during the comment 

period and may change this proposed 

rule based on your comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and insert 

‘‘USCG–2013–0263’’ in the ‘‘Search’’ 

box. Click ‘‘Search’’ and then click the 

‘‘Open Docket Folder’’ icon. The 

following link will take you directly to 

the docket: http://www.regulations.gov/ 

#!docketDetail;D=USCG-2013-0263. If 

you do not have access to the Internet, 

you may view the docket online by 

visiting the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey Avenue 

SE., Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. We 

have an agreement with the Department 


tkelley on DSK3SPTVN1PROD with PROPOSALS