Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules 29227 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

amend controlled airspace at the Iowa 

airports listed in this NPRM. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, dated August 6, 2014 and 

effective September 15, 2014, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE NE E5 Tekamah, NE [Amended] 

Tekamah Municipal Airport, NE 

(Lat. 41°45′49′′ N., long. 96°10′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Tekamah Municipal Airport. 

Issued in Fort Worth, TX, on May 11, 2015. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2015–12105 Filed 5–20–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–413] 

Schedules of Controlled Substances: 

Temporary Placement of Acetyl 

Fentanyl into Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of intent. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration is issuing 

this notice of intent to temporarily 

schedule the synthetic opioid, N-(1- 

phenethylpiperidin-4-yl)-Nphenylacetamide (acetyl fentanyl), into 

schedule I pursuant to the temporary 

scheduling provisions of the Controlled 

Substances Act. This action is based on 

a finding by the Administrator that the 

placement of this opioid substance into 

schedule I of the Controlled Substances 

Act is necessary to avoid an imminent 

hazard to the public safety. Any final 

order will impose the administrative, 

civil, and criminal sanctions and 

regulatory controls applicable to 

schedule I substances under the 

Controlled Substances Act on the 

manufacture, distribution, possession, 

importation, exportation, research, and 

conduct of instructional activities of this 

opioid substance. 

DATES: May 21, 2015. 

FOR FURTHER INFORMATION CONTACT: John 

R. Scherbenske, Office of Diversion 

Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152, Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: Any final 

order will be published in the Federal 

Register and may not be effective prior 

to June 22, 2015. 

Legal Authority 

The Drug Enforcement 

Administration (DEA) implements and 

enforces titles II and III of the 

Comprehensive Drug Abuse Prevention 

and Control Act of 1970, as amended. 21 

U.S.C. 801–971. Titles II and III are 

referred to as the ‘‘Controlled 

Substances Act’’ and the ‘‘Controlled 

Substances Import and Export Act,’’ 

respectively, and are collectively 

referred to as the ‘‘Controlled 

Substances Act’’ or the ‘‘CSA’’ for the 

purpose of this action. The DEA 

publishes the implementing regulations 

for these statutes in title 21 of the Code 

of Federal Regulations (CFR), chapter II. 

The CSA and its implementing 

regulations are designed to prevent, 

detect, and eliminate the diversion of 

controlled substances and listed 

chemicals into the illicit market while 

providing for the legitimate medical, 

scientific, research, and industrial needs 

of the United States. Controlled 

substances have the potential for abuse 

and dependence and are controlled to 

protect the public health and safety. 

Under the CSA, every controlled 

substance is classified into one of five 

schedules based upon its potential for 

abuse, its currently accepted medical 

use in treatment in the United States, 

and the degree of dependence the drug 

or other substance may cause. 21 U.S.C. 

812. The initial schedules of controlled 

substances established by Congress are 

found at 21 U.S.C. 812(c), and the 

current list of all scheduled substances 

is published at 21 CFR part 1308. 21 

U.S.C. 812(a). 

Section 201 of the CSA, 21 U.S.C. 811, 

provides the Attorney General with the 

authority to temporarily place a 

substance into schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b) if he or 

she finds that such action is necessary 

to avoid imminent hazard to the public 

safety. 21 U.S.C. 811(h)(1). In addition, 

if proceedings to control a substance are 

initiated under 21 U.S.C. 811(a)(1), the 

Attorney General may extend the 

temporary scheduling for up to one 

year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA, 

21 U.S.C. 812, or if there is no 

exemption or approval in effect for the 

substance under section 505 of the 

Federal Food, Drug, and Cosmetic Act 

(FDCA), 21 U.S.C. 355. 21 U.S.C. 

811(h)(1). The Attorney General has 

delegated scheduling authority under 21 

U.S.C. 811 to the Administrator of the 

DEA. 28 CFR 0.100. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
29228 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules 

1Because the Secretary of the HHS has delegated 

to the Assistant Secretary for Health of the HHS the 

authority to make domestic drug scheduling 

recommendations, for purposes of this notice of 

intent, all subsequent references to ‘‘Secretary’’ 

have been replaced with ‘‘Assistant Secretary.’’ As 

set forth in a memorandum of understanding 

entered into by the HHS, the Food and Drug 

Administration (FDA), and the National Institute on 

Drug Abuse (NIDA), FDA acts as the lead agency 

within HHS in carrying out the Assistant 

Secretary’s scheduling responsibilities under the 

CSA, with the concurrence of NIDA. 50 FR 9518, 

Mar. 8, 1985. 

Background 

Section 201(h)(4) of the CSA, 21 

U.S.C. 811(h)(4), requires the 

Administrator to notify the Secretary of 

the Department of Health and Human 

Services (HHS) of her intention to 

temporarily place a substance into 

schedule I of the CSA.1 The 

Administrator transmitted notice of her 

intent to place acetyl fentanyl in 

schedule I on a temporary basis to the 

Assistant Secretary by letter dated April 

7, 2015. Any comments submitted by 

the Assistant Secretary in response to 

the notice transmitted to the Assistant 

Secretary shall be taken into 

consideration before a final order is 

published. 21 U.S.C. 811(h)(4). 

To find that placing a substance 

temporarily into schedule I of the CSA 

is necessary to avoid an imminent 

hazard to the public safety, the 

Administrator is required to consider 

three of the eight factors set forth in 

section 201(c) of the CSA, 21 U.S.C. 

811(c): The substance’s history and 

current pattern of abuse; the scope, 

duration and significance of abuse; and 

what, if any, risk there is to the public 

health. 21 U.S.C. 811(h)(3). 

Consideration of these factors includes 

actual abuse, diversion from legitimate 

channels, and clandestine importation, 

manufacture, or distribution. 21 U.S.C. 

811(h)(3). 

A substance meeting the statutory 

requirements for temporary scheduling 

may only be placed in schedule I. 21 

U.S.C. 811(h)(1). Substances in schedule 

I are those that have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. 21 U.S.C. 

812(b)(1). 

Acetyl Fentanyl 

Available data and information for 

acetyl fentanyl indicate that this opioid 

substance has a high potential for abuse, 

no currently accepted medical use in 

treatment in the United States, and a 

lack of accepted safety for use under 

medical supervision. 

Factor 4. History and Current Pattern of 

Abuse 

Clandestinely produced substances 

structurally related to the schedule II 

opioid analgesic fentanyl were 

trafficked and abused on the West Coast 

in the late 1970s and 1980s. These 

clandestinely produced fentanyl-like 

substances were commonly known as 

designer drugs and recently, there has 

been a reemergence in the trafficking 

and abuse of designer drug substances 

including fentanyl-like substances. 

Alpha-methylfentanyl, the first fentanyl 

analogue identified in California, was 

placed into schedule I of the CSA in 

September 1981. Following the control 

of alpha-methylfentanyl, the DEA 

identified several other fentanyl 

analogues (3-methylthiofentanyl, acetylalpha-methylfentanyl, beta-hydroxy-3- 

methylfentanyl, alphamethylthiofentanyl, thiofentanyl, betahydroxyfentanyl, para-fluorofentanyl 

and 3-methylfentanyl) in submissions to 

forensic laboratories. These substances 

were temporarily controlled under 

schedule I of the CSA after finding that 

they posed an imminent hazard to 

public safety and were subsequently 

permanently placed in schedule I of the 

CSA. 

The National Forensic Laboratory 

Information System (NFLIS) is a 

national drug forensic laboratory 

reporting system that systematically 

collects results from drug chemistry 

analyses conducted by State and local 

forensic laboratories across the country. 

The first laboratory submission of acetyl 

fentanyl was recorded in Maine in April 

2013 according to NFLIS. NFLIS 

registered eight reports containing 

acetyl fentanyl in 2013 in Louisiana, 

Maine, and North Dakota; and 30 

reports in 2014 in Florida, Illinois, 

Louisiana, Maine, New Jersey, Ohio, 

Oregon, Pennsylvania, and Virginia. 

The System to Retrieve Information 

from Drug Evidence (STRIDE) is a 

database of drug exhibits sent to DEA 

laboratories for analysis. Exhibits from 

the database are from the DEA, other 

Federal agencies, and some local law 

enforcement agencies. Acetyl fentanyl 

was first reported to STRIDE in 

September 2013 from exhibits obtained 

through a controlled purchase in 

Louisiana. In October 2013, an exhibit 

collected from a controlled purchase of 

suspected oxycodone tablets in Rhode 

Island contained acetyl fentanyl as the 

primary substance. In 2014, STARLiMS 

(a web-based, commercial laboratory 

information management system that is 

in transition to replace STRIDE) and 

STRIDE reported eight additional 

seizures in Colorado, Florida, Georgia, 

and Washington. 

In August 2013, the Centers for 

Disease Control and Prevention (CDC) 

published an article in its Morbidity and 

Mortality Weekly Report documenting a 

series of 14 fatalities related to acetyl 

fentanyl that occurred between March 

and May 2013. In December 2013, 

another fatality associated with acetyl 

fentanyl was reported in Rhode Island 

for a total of 15 fatalities. In February 

2014, the North Carolina Department of 

Health and Human Services issued a 

health advisory related to acetyl 

fentanyl following at least three deaths 

related to this synthetic drug. 

Toxicologists at the North Carolina 

Office of the Chief Medical Examiner 

detected acetyl fentanyl in specimens 

associated with deaths that occurred in 

January 2014 in Sampson, Person, and 

Transylvania counties. In July and 

August 2014, four additional fatalities 

involving acetyl fentanyl were reported 

for a total of seven fatalities in North 

Carolina. Deaths involving acetyl 

fentanyl have also been reported in 

California (1), Louisiana (14), Oregon 

(1), and Pennsylvania (1). 

A significant seizure of acetyl fentanyl 

occurred in April 2013 during a law 

enforcement investigation in Montreal, 

Canada. Approximately three kilograms 

of acetyl fentanyl in powder form and 

approximately 11,000 tablets containing 

acetyl fentanyl were seized. Given that 

a typical dose of acetyl fentanyl is in the 

microgram range, a three kilogram 

quantity could potentially produce 

millions of dosage units. In the United 

States, tablets that mimic 

pharmaceutical opioid products have 

been reported in multiple states, 

including Colorado, Florida, Georgia, 

Rhode Island, and Washington. Recent 

reports indicate that acetyl fentanyl in 

powder form is available over the 

Internet and has been imported to 

addresses within the United States. 

Evidence also suggests that the 

pattern of abuse of fentanyl analogues, 

including acetyl fentanyl, parallels that 

of heroin and prescription opioid 

analgesics. Seizures of acetyl fentanyl 

have been encountered both in powder 

and in tablet form. It is also known to 

have caused many fatal overdoses, in 

which intravenous routes of 

administration and histories of drug 

abuse are documented. 

Factor 5. Scope, Duration and 

Significance of Abuse 

DEA is currently aware of at least 39 

fatalities associated with acetyl fentanyl. 

These deaths have been reported in 

2013 and 2014 from six states including 

California, Louisiana, North Carolina, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules 29229 

Oregon, Pennsylvania, and Rhode 

Island. STARLiMS and STRIDE, 

databases capturing drug evidence 

information from DEA forensic 

laboratories, have a total of 10 drug 

reports in which acetyl fentanyl was 

identified in six cases for analyzed 

drugs submitted from January 2010— 

December 2014 from Colorado, Florida, 

Georgia, Louisiana, Rhode Island, and 

Washington. It is likely that the 

prevalence of acetyl fentanyl in opioid 

analgesic-related emergency room 

admissions and deaths is underreported 

as standard immunoassays cannot 

differentiate acetyl fentanyl from 

fentanyl. 

The population likely to abuse acetyl 

fentanyl overlaps with the populations 

abusing prescription opioid analgesics 

and heroin. This is evidenced by the 

routes of administration and drug use 

history documented in acetyl fentanyl 

fatal overdose cases. Because abusers of 

acetyl fentanyl are likely to obtain the 

drug through illicit sources, the identity, 

purity, and quantity is uncertain and 

inconsistent, thus posing significant 

adverse health risks to its abusers. This 

risk is particularly heightened by the 

fact that acetyl fentanyl is a highly 

potent opioid (15.7-fold more than that 

of morphine as tested in mice using an 

acetic acid writhing method). Thus 

small changes in the amount and purity 

of the substance could potentially lead 

to overdose and death. 

Factor 6. What, if Any, Risk There Is to 

the Public Health 

Acetyl fentanyl exhibits a 

pharmacological profile similar to that 

of fentanyl and other opioid analgesic 

compounds and it is a potent opioid 

analgesic reported to be 1⁄3 as potent as 

fentanyl and 15.7 times as potent as 

morphine in mice tested in an acetic 

acid writhing method. In addition, 

studies also showed that the range 

between the effective dose (ED50) and 

the lethal dose (LD50) of acetyl fentanyl 

is narrower than that of morphine and 

fentanyl, increasing the risk of fatal 

overdose. Thus, its abuse is likely to 

pose quantitatively greater risks to the 

public health and safety than abuse of 

traditional opioid analgesics such as 

morphine. 

Based on the above pharmacological 

data, the abuse of acetyl fentanyl at least 

leads to the same qualitative public 

health risks as heroin, fentanyl and 

other opioid analgesic compounds. The 

public health risks attendant to the 

abuse of heroin and opioid analgesics 

are well established. The abuse of 

opioid analgesics has resulted in large 

numbers of drug treatment admissions, 

emergency department visits, and fatal 

overdoses. 

Acetyl fentanyl has been associated 

with numerous fatalities. At least 39 

overdose deaths due to acetyl fentanyl 

abuse have been reported in six states in 

2013 and 2014, including California, 

Louisiana, North Carolina, Oregon, 

Pennsylvania, and Rhode Island. This 

indicates that acetyl fentanyl poses an 

imminent hazard to public safety. 

Finding of Necessity of Schedule I 

Placement To Avoid Imminent Hazard 

to Public Safety 

Based on the above summarized data 

and information, the continued 

uncontrolled manufacture, distribution, 

importation, exportation, and abuse of 

acetyl fentanyl pose an imminent 

hazard to the public safety. The DEA is 

not aware of any currently accepted 

medical uses for this substance in the 

United States. A substance meeting the 

statutory requirements for temporary 

scheduling, 21 U.S.C. 811(h)(1), may 

only be placed in schedule I. Substances 

in schedule I are those that have a high 

potential for abuse, no currently 

accepted medical use in treatment in the 

United States, and a lack of accepted 

safety for use under medical 

supervision. Available data and 

information for acetyl fentanyl indicate 

that this substance has a high potential 

for abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. As required 

by section 201(h)(4) of the CSA, 21 

U.S.C. 811(h)(4), the Administrator, 

through a letter dated April 7, 2015, 

notified the Assistant Secretary of the 

DEA’s intention to temporarily place 

this substance in schedule I. 

Conclusion 

This notice of intent initiates an 

expedited temporary scheduling action 

and provides the 30-day notice pursuant 

to section 201(h) of the CSA, 21 U.S.C. 

811(h). In accordance with the 

provisions of section 201(h) of the CSA, 

21 U.S.C. 811(h), the Administrator 

considered available data and 

information, herein set forth the 

grounds for her determination that it is 

necessary to temporarily schedule acetyl 

fentanyl in schedule I of the CSA, and 

finds that placement of this opioid 

substance into schedule I of the CSA is 

necessary in order to avoid an imminent 

hazard to the public safety. 

Because the Administrator hereby 

finds that it is necessary to temporarily 

place this synthetic opioid into 

schedule I to avoid an imminent hazard 

to the public safety, any subsequent 

final order temporarily scheduling these 

substances will be effective on the date 

of publication in the Federal Register, 

and will be in effect for a period of two 

years, with a possible extension of one 

additional year, pending completion of 

the regular (permanent) scheduling 

process. 21 U.S.C. 811(h)(1) and (2). It 

is the intention of the Administrator to 

issue such a final order as soon as 

possible after the expiration of 30 days 

from the date of publication of this 

notice. Acetyl fentanyl will then be 

subject to the regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to the manufacture, 

distribution, possession, importation, 

exportation, research, and conduct of 

instructional activities of a schedule I 

controlled substance. 

The CSA sets forth specific criteria for 

scheduling a drug or other substance. 

Regular scheduling actions in 

accordance with 21 U.S.C. 811(a) are 

subject to formal rulemaking procedures 

done ‘‘on the record after opportunity 

for a hearing’’ conducted pursuant to 

the provisions of 5 U.S.C. 556 and 557. 

21 U.S.C. 811. The regular scheduling 

process of formal rulemaking affords 

interested parties with appropriate 

process and the government with any 

additional relevant information needed 

to make a determination. Final 

decisions that conclude the regular 

scheduling process of formal 

rulemaking are subject to judicial 

review. 21 U.S.C. 877. Temporary 

scheduling orders are not subject to 

judicial review. 21 U.S.C. 811(h)(6). 

Regulatory Matters 

Section 201(h) of the CSA, 21 U.S.C. 

811(h), provides for an expedited 

temporary scheduling action where 

such action is necessary to avoid an 

imminent hazard to the public safety. 

As provided in this subsection, the 

Attorney General may, by order, 

schedule a substance in schedule I on a 

temporary basis. Such an order may not 

be issued before the expiration of 30 

days from (1) the publication of a notice 

in the Federal Register of the intention 

to issue such order and the grounds 

upon which such order is to be issued, 

and (2) the date that notice of the 

proposed temporary scheduling order is 

transmitted to the Assistant Secretary of 

HHS. 21 U.S.C. 811(h)(1). 

Inasmuch as section 201(h) of the 

CSA directs that temporary scheduling 

actions be issued by order and sets forth 

the procedures by which such orders are 

to be issued, the DEA believes that the 

notice and comment requirements of 

section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 553, do 

not apply to this notice of intent. In the 

alternative, even assuming that this 


tkelley on DSK3SPTVN1PROD with PROPOSALS
29230 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules 

notice of intent might be subject to 

section 553 of the APA, the 

Administrator finds that there is good 

cause to forgo the notice and comment 

requirements of section 553, as any 

further delays in the process for 

issuance of temporary scheduling orders 

would be impracticable and contrary to 

the public interest in view of the 

manifest urgency to avoid an imminent 

hazard to the public safety. 

Although the DEA believes this notice 

of intent to issue a temporary 

scheduling order is not subject to the 

notice and comment requirements of 

section 553 of the APA, the DEA notes 

that in accordance with 21 U.S.C. 

811(h)(4), the Administrator will take 

into consideration any comments 

submitted by the Assistant Secretary 

with regard to the proposed temporary 

scheduling order. 

Further, the DEA believes that this 

temporary scheduling action is not a 

‘‘rule’’ as defined by 5 U.S.C. 601(2), 

and, accordingly, is not subject to the 

requirements of the Regulatory 

Flexibility Act (RFA). The requirements 

for the preparation of an initial 

regulatory flexibility analysis in 5 U.S.C. 

603(a) are not applicable where, as here, 

the DEA is not required by section 553 

of the APA or any other law to publish 

a general notice of proposed 

rulemaking. 

Additionally, this action is not a 

significant regulatory action as defined 

by Executive Order 12866 (Regulatory 

Planning and Review), section 3(f), and, 

accordingly, this action has not been 

reviewed by the Office of Management 

and Budget (OMB). 

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. Therefore, in 

accordance with Executive Order 13132 

(Federalism) it is determined that this 

action does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, the DEA 

proposes to amend 21 CFR part 1308 as 

follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 

unless otherwise noted. 

■ 2. In § 1308.11, add paragraph (h)(24) 

to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(24) N-(1-phenethylpiperidin-4-yl)-Nphenylacetamide, its optical, positional, 

and geometric isomers, salts and salts of 

isomers (Other names: Acetyl 

fentanyl)—(9821) 

* * * * * 

Dated: May 14, 2015. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2015–12331 Filed 5–20–15; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0260; FRL–9928–12– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina: 

Non-Interference Demonstration for 

Federal Low-Reid Vapor Pressure 

Requirement for the Gaston and 

Mecklenburg Counties in North 

Carolina 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State of North Carolina’s April 16, 

2015, revision to its State 

Implementation Plan (SIP), submitted 

through the North Carolina Department 

of Environment and Natural Resources, 

Division of Air Quality (DAQ), in 

support of the State’s request that EPA 

change the Federal Reid Vapor Pressure 

(RVP) requirements for Gaston and 

Mecklenburg Counties. This RVPrelated SIP revision evaluates whether 

changing the Federal RVP requirements 

in these counties would interfere with 

the requirements of the Clean Air Act 

(CAA or Act). North Carolina’s April 16, 

2015, RVP-related SIP revision also 

updates the State’s maintenance plan 

and the associated motor vehicle 

emissions budgets (MVEBs) related to 

its redesignation request for the North 

Carolina portion of the CharlotteGastonia-Salisbury 2008 8-hour ozone 

nonattainment area (Charlotte 2008 

Ozone Area) to reflect the requested 

change in the Federal RVP 

requirements. EPA is also proposing to 

approve these updates to the 

maintenance plan and associated 

MVEBs. EPA has preliminarily 

determined that North Carolina’s April 

16, 2015, RVP-related SIP revision is 

consistent with the applicable 

provisions of the CAA. 

DATES: Written comments must be 

received on or before June 11, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2015–0260 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2015–0260, 

Air Regulatory Managment Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2015– 

0260. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means 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 EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 


tkelley on DSK3SPTVN1PROD with PROPOSALS