58884 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

12. Energy Effects 

This action is not a ‘‘Significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

disestablishment of an existing safety 

zone. This action is categorically 

excluded from further review under, 

paragraph 34(g) of figure 2–1 of the 

Commandant Instruction. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 33 CFR 1.05–1, and 

160.5; Pub. L. 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 165.120 [Removed] 

■ 2. Remove § 165.120. 

Dated: September 11, 2013. 

J.C. O’Connor III, 

Captain, U.S. Coast Guard, Captain of the 

Port Boston. 

[FR Doc. 2013–23272 Filed 9–24–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0271; FRL–9901–23– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

Stage II Requirements for Enterprise 

Holdings, Inc. at Cincinnati/Northern 

Kentucky International Airport in 

Boone County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a source-specific State 

Implementation Plan (SIP) revision 

submitted to EPA by the 

Commonwealth of Kentucky, through 

the Kentucky Division for Air Quality 

(KDAQ) on April 25, 2013, for the 

purpose of exempting an Enterprise 

Holdings, Inc., facility from the Clean 

Air Act (CAA or Act) Stage II vapor 

control requirements. The subject 

Enterprise Holdings, Inc., facility is 

currently being constructed at the 

Cincinnati/Northern Kentucky 

International Airport in Boone County, 

Kentucky. EPA’s approval of this 

revision to Kentucky’s SIP is based on 

the December 12, 2006, EPA policy 

memorandum from Stephen D. Page, 

entitled ‘‘Removal of Stage II Vapor 

Recovery in Situations Where 

Widespread Use of Onboard Refueling 

Vapor Recovery is Demonstrated.’’ This 

action is being taken pursuant to the 

CAA. 

DATES: Effective Date: This rule will be 

effective October 25, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0271. 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, i.e., Confidential Business 

Information or other information whose 

disclosure 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 Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this source 

specific SIP revision, contact Ms. Kelly 

Sheckler, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Ms. 

Sheckler’s telephone number is (404) 

562–9222; email address: 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

Under the CAA Amendments of 1990, 

EPA designated and classified three 

Kentucky Counties (Boone, Campbell 

and Kenton) and four Ohio Counties 

(Butler, Clermont, Hamilton and 

Warren) as a ‘‘moderate’’ nonattainment 

area for the 1-hour ozone national 

ambient air quality standards (NAAQS) 

as part of the Cincinnati/Northern 

Kentucky Area. See 56 FR 56694, 

effective January 6, 1992. The 

designation was based on the Area’s 1- 

hour ozone design value of 0.157 parts 

per million for the three year period of 

1988–1990. 

Pursuant to the requirements of 

section 182(b)(3) of the CAA, KDAQ 

developed the Kentucky Administrative 

Regulation (KAR) 401 KAR 59:174 Stage 

II controls at gasoline dispensing 

facilities, and submitted the rule to EPA 

for approval as part of Kentucky’s ozone 

SIP. The rule was adopted by Kentucky 

on January 12, 1998, and approved by 

EPA into the SIP on December 8, 1998. 

See 63 FR 67586. Under this regulation, 

gasoline dispensing facilities with a 

monthly throughput of 25,000 gallons or 

more located in a Kentucky County in 

which the entire County is classified as 

severe, serious, or moderate 

nonattainment for ozone are required to 

install Stage II vapor recovery systems. 

On October 29, 1999, KDAQ 

submitted to EPA an ozone maintenance 

plan and request for redesignation of the 

Kentucky portion of Cincinnati/

Northern Kentucky area to attainment. 

At that time the area had three years of 

attaining data (1996–1998) and 

Kentucky had implemented all 

measures then required by the CAA for 


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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 58885 

a moderate 1-hour ozone nonattainment 

area. The maintenance plan, as required 

under section 175A of the CAA, showed 

that nitrogen oxides and volatile organic 

compounds (VOC) emissions in the 

Area would remain below the 1990 

‘‘attainment year’s’’ levels. In making 

these projections KDAQ factored in the 

emissions benefit (primarily VOC) of the 

Area’s Stage II program, and did not 

remove this program from the Kentucky 

SIP. The redesignation request and 

maintenance plan were approved by 

EPA, effective June 19, 2000 (65 FR 

37879). 

Since the Kentucky Stage II program 

was already in place and had been 

included in the Commonwealth’s 

October 29, 1999, redesignation request 

and 1-hour ozone maintenance plan for 

the Area, KDAQ elected not to remove 

the program from the SIP at that time. 

On April 6, 1994, EPA promulgated 

regulations requiring the phase-in of 

onboard refueling vapor recovery 

(ORVR) systems on new motor vehicles. 

Under section 202(a)(6) of the CAA, 

moderate ozone nonattainment areas are 

not required to implement Stage II vapor 

recovery programs after promulgation of 

ORVR standards. 

KDAQ submitted a SIP revision on 

April 25, 2013, to exempt Stage II vapor 

control requirements for the Enterprise 

Holdings, Inc., facility located at the 

Cincinnati/Northern Kentucky 

International Airport in Boone County. 

On May 16, 2013, EPA published a 

proposed rulemaking to approve 

Kentucky’s April 25, 2013, SIP revision 

related to Stage II requirements at the 

Enterprise Holdings, Inc., facility. 

Detailed background for today’s final 

rulemaking can be found in EPA’s May 

16, 2013, proposed rulemaking. See 78 

FR 28776. The comment period for this 

proposed rulemaking closed on June 17, 

2013. EPA did not receive any 

comments, adverse or otherwise, during 

the public comment period. 

II. Final Action 

EPA is taking final action to approve 

the aforementioned source-specific SIP 

revision request from Kentucky. VOC 

emissions from vehicles at the 

Cincinnati/Northern Kentucky 

International Airport Enterprise 

Holdings, Inc., facility are controlled by 

ORVR, therefore, EPA has concluded 

that removal of Stage II requirements at 

this facility would not result in an 

increase of VOC emissions, and thus 

would not contribute to ozone 

formation. The Commonwealth has 

requested removal of this requirement 

for this facility and EPA has determined 

that Kentucky has fully satisfied the 

requirements of section 110(l) of the 

CAA. Therefore, EPA is taking final 

action to approve this source-specific 

SIP revision, as being consistent with 

section 110 of the CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive 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 CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 25, 2013. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: September 11, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[APPROVAL AND 

PROMULGATION OF PLANS] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart (S)—Kentucky 

■ 2. Section 52.920 is amended, under 

Table 1, by revising the entry for ‘‘401 

KAR 59:174’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 


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58886 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

(c) * * * 

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Chapter 59 New Source Standards 

*******

401 KAR 59:174 Stage II controls at gasoline 

dispensing facilities.

04/25/13 09/25/13 [Insert citation of publication].Exemption from Stage II vapor control requirements for 

rental fleet vehicle refueling at the Cincinnati/Northern 

Kentucky International Airport Enterprise Holdings, 

Inc., facility. 

*******

* * * * * 

[FR Doc. 2013–22973 Filed 9–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0568; FRL–9396–1] 

FD&C Blue No. 1; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of FD&C Blue No. 

1 (CAS Reg. No. 3844–45–9) when used 

as an inert ingredient (dye) in pesticides 

formulation applied to growing crops 

(seed treatment). Exponent on behalf of 

Sensient Colors, LLC submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of FD&C 

Blue No. 1. 

DATES: This regulation is effective 

September 25, 2013. Objections and 

requests for hearings must be received 

on or before November 25, 2013, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0568, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2012–0568 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before November 25, 2013. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2012–0568, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 


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