Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules 13007 

• Provide advance notice of workload 

to improve planning in processing and 

delivery operations; 

• Support improved understanding 

of, and opportunities to reduce, postal 

costs; 

If these new standards are adopted, 

the Postal Service also expects to 

provide support to its smaller and midsized mailers in applying IMpbcompliant labels to every commercial 

parcel. The Postal Service intends to 

provide pre-printed IMpb-compliant 

tracking barcodes to permit imprint and 

postage meter mailers for use with nonpresorted mailings, and to provide tools 

for Merchandise Return Service (MRS) 

permit holders to enable their customers 

to print IMpb-compliant MRS labels 

online. 

To improve piece-level visibility 

within USPS processing, the Postal 

Service is investigating the operational 

feasibility of electronically associating 

individual parcel tracking numbers with 

specific sacks, trays, pallets, or similar 

containers. Depending on the results, 

the Postal Service may, at a future date, 

establish a requirement for all 

commercial parcel mailers to 

electronically transmit Intelligent Mail 

tray barcode (IMtb) and Intelligent Mail 

container barcode (IMcb) nesting data to 

the Postal Service. Nesting data would 

be required to be included in the 

shipment manifest or to be transmitted 

through another approved electronic 

documentation method. Recognizing 

that package mailers have not 

previously been required to use these 

barcodes, if this requirement is adopted, 

the Postal Service will work with the 

industry to support transitioning to the 

use of these barcodes, and to determine 

the proper timing for its 

implementation. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2013–04302 Filed 2–25–13; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0055; FRL–9785–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County 

Reasonably Available Control 

Technology Under the 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania for 

Allegheny County Health Department 

(ACHD). This SIP revision consists of a 

demonstration that Allegheny County’s 

portion of the Pennsylvania 

requirements of reasonably available 

control technology (RACT) for nitrogen 

oxides (NOx) and volatile organic 

compounds (VOCs) satisfies the RACT 

requirements set forth by the Clean Air 

Act (CAA). This SIP revision 

demonstrates that all requirements for 

RACT are met either through 

Certification that previously adopted 

RACT controls in Allegheny County’s 

SIP that were approved by EPA under 

the 1-hour ozone national ambient air 

quality standards (NAAQS) are based on 

the currently available technically and 

economically feasible controls, and 

continue to represent RACT for the 8- 

hour ozone NAAQS, a negative 

declaration demonstrating that no 

facilities exist in Allegheny County for 

certain control technology guideline 

(CTG) categories; and a new RACT 

determination for a specific source. This 

action is being taken under the CAA. 

DATES: Written comments must be 

received on or before March 28, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0055 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0055, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0055. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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 that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, 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 EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

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. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Allegheny County 

Health Department, Bureau of 

Environmental Quality, Division of Air 

Quality, 301 39th Street, Pittsburgh, 

Pennsylvania 15201. Copies are also 

available at Pennsylvania Department of 

Environmental Protection, Bureau of Air 

Quality Control, P.O. Box 8468, 400 

Market Street, Harrisburg, Pennsylvania 

17105. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Velez-Rosa, (215) 814–2038, or 

by email at Velez-Rosa.Emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Ozone is formed in the atmosphere by 

photochemical reactions between VOC, 

NOx, and carbon monoxide (CO) in the 

presence of sunlight. In order to reduce 

ozone concentrations in the ambient air, 

the CAA requires all nonattainment 


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areas to apply controls on VOC/NOx 

emission sources to achieve emission 

reductions. 

Since the 1970s, EPA has consistently 

interpreted RACT to mean the lowest 

emission limit that a particular source is 

capable of meeting by the application of 

the control technology that is reasonably 

available considering technological and 

economic feasibility. See 72 FR 20586, 

20610 (April 25, 2007). Section 182 of 

the CAA sets forth two separate RACT 

requirements for ozone nonattainment 

areas. The first requirement, contained 

in section 182(a)(2)(A) of the CAA, and 

referred to as RACT fix-up, requires the 

correction of RACT rules for which EPA 

identified deficiencies before the CAA 

was amended in 1990. The 

Pennsylvania RACT fix-up SIP 

submittal was approved with a 

conditional limited approval on March 

23, 1998 (63 FR 13789) and later 

converted to a full approval on October 

22, 2008 (73 FR 62891). 

The second requirement, set forth in 

section 182(b)(2) of the CAA, applies to 

moderate (or worse) ozone 

nonattainment areas and attainment 

areas in the ozone transport region 

(OTR) established pursuant to section 

184 of the CAA. These areas are 

required to implement RACT controls 

on all major VOC and NOx emission 

sources and on all sources and source 

categories covered by a CTG issued by 

EPA. Allegheny County has adopted all 

CTGs and they are listed in Section II of 

this notice. Further details of Allegheny 

County’s RACT requirements can be 

found in a Technical Support Document 

(TSD) prepared for this rulemaking and 

included in the docket at EPA–R03– 

OAR–2013–0055. 

Section 182(b)(2) of the CAA required 

Allegheny County to implement RACT 

on all sources and source categories 

covered by a CTG issued by EPA. 

Stationary sources with the potential to 

emit 50 tons per year or more of VOCs 

or 100 tons per year or more of NOx that 

were not covered by a CTG were also 

required to implement RACT. 

The ozone transport region (OTR) is 

established by section 184 of the CAA. 

Areas in the OTR are subject to OTRspecific RACT requirements. Section 

184(b)(1)(B) of the CAA requires the 

implementation of RACT with respect to 

all sources of VOC covered by a CTG. 

Additionally, section 184(b)(2) of the 

CAA requires the implementation of 

major stationary source requirements as 

if the area was a moderate 

nonattainment area on any stationary 

source with a potential to emit at least 

50 tons per year of VOC or 100 tons per 

year of NOx. Because Allegheny County 

is in Pennsylvania which is in the OTR, 

Allegheny County must comply with 

section 184(b)(1)(B) and (2) of the CAA. 

EPA requires for the 8-hour ozone 

NAAQS that states meet the CAA RACT 

requirements, either through a 

certification that previously adopted 

RACT controls in their SIP approved by 

EPA under the 1-hour ozone NAAQS 

represent adequate RACT control levels 

for 8-hour ozone NAAQS attainment 

purposes or through the establishment 

of new or more stringent requirements 

that represent RACT control levels. See 

Final Rule To Implement the 8-Hour 

Ozone National Ambient Air Quality 

Standard—Phase 2; Final Rule To 

Implement Certain Aspects of the 1990 

Amendments Relating to New Source 

Review and Prevention of Significant 

Deterioration as They Apply in Carbon 

Monoxide, Particulate Matter and 

Ozone NAAQS; Final Rule for 

Reformulated Gasoline (Phase 2 Rule), 

70 FR 71612, 71655 (November 29, 

2005). Sections 172(c)(1) and 182(b)(2) 

of the CAA require that all SIPs satisfy 

the NOx and VOCs RACT requirements 

that apply in areas that have not 

attained the NAAQS for ozone. See 42 

U.S.C. 7502(c)(1), 7511a(b)(2), and 

7511a(f). EPA has determined that states 

that have RACT provisions approved in 

their SIPs for 1-hour ozone 

nonattainment areas have several 

options for fulfilling the RACT 

requirements for the 8-hour ozone 

NAAQS. If a state meets certain 

conditions, it may certify that 

previously adopted 1-hour ozone RACT 

controls in the SIP continue to represent 

RACT control levels for purposes of 

fulfilling 8-hour ozone RACT 

requirements. Alternatively, a state may 

establish new or more stringent 

requirements that represent RACT 

control levels, either in lieu of or in 

conjunction with a certification. 

As set forth in the preamble to the 

Phase 2 Rule, a certification must be 

accompanied by appropriate supporting 

information such as consideration of 

information received during the public 

comment period and consideration of 

new data (70 FR 71612, 71655). This 

information may supplement existing 

RACT guidance documents that were 

developed for the 1-hour ozone 

standard, such that the state’s SIP 

accurately reflects RACT for the 8-hour 

ozone standard based on the current 

availability of technically and 

economically feasible controls. 

Establishment of new RACT 

requirements will occur when states 

have new stationary sources not covered 

by existing RACT regulations, or when 

new data or technical information 

indicates that a previously adopted 

RACT measure does not represent a 

newly available RACT control level. 

Another 8-hour ozone NAAQS 

requirement for RACT is to submit a 

negative declaration if there are no CTG 

sources or major sources of VOC and 

NOx emissions in lieu of or in addition 

to a certification. 

II. Summary of the SIP Revision 

On May 5, 2009, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a revision on behalf 

of ACHD for its SIP that addresses the 

requirements of RACT under the 8-hour 

ozone NAAQS set forth by the CAA. 

Allegheny County’s SIP revision is 

consistent with the process in the Phase 

2 Rule preamble and satisfies the 

requirements of RACT set forth by the 

CAA under the 8-hour ozone NAAQS 

through: (1) Certification that previously 

adopted RACT controls in Allegheny 

County’s SIP, which were approved by 

EPA under the 1-hour ozone NAAQS, 

are based on the currently available, 

technically and economically feasible 

controls and continue to represent 

RACT for the 8-hour ozone NAAQS; (2) 

a negative declaration demonstrating 

that no facilities exist in Allegheny 

County for the applicable CTG 

categories; and (3) a new RACT 

determination for a single source based 

upon reliance on the Maximum 

Achievable Control Technology (MACT) 

standard as allowed in the Phase 2 Rule. 

A. VOC CTG RACT Controls 

Allegheny County’s Regulations, 

codified at Article XXI, contain the 

County’s CTG VOC RACT controls that 

were implemented and approved in the 

Allegheny County SIP under the 1-hour 

ozone NAAQS. Table 1 lists Allegheny 

County’s VOC RACT controls for which 

Allegheny County has provided the 

required evaluation and is certifying as 

meeting the 8-hour ozone NAAQS 

RACT requirements. Revisions to 

Article XXI section 2105.10 for surface 

coating processes and related 

definitions found in Article XXI section 

2101.20 were made after this May 5, 

2009 SIP submittal and approved by 

EPA into the Pennsylvania SIP on 

December 28, 2010 (75 FR 81480) and 

supersede the May 5, 2009 submittal. 

EPA approved new regulations in the 

December 28, 2010 rulemaking action 

including emission limits for Large 

Appliance and Metal Surface Coatings, 

Article XXI section 2105.77 and 

emission limits for Paper, Film, and Foil 

Surface Coatings, Article XXI section 

2105.79. Allegheny County also 

incorporated by reference 

Pennsylvania’s Consumer Products Rule 

that amended Article XXI section 

2105.88, which was finalized by EPA on 


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November 29, 2012 (77 FR 71115) and 

supersedes the May 5, 2009 submittal. 

In this proposal EPA is not taking action 

on those CTG Rules below that have 

been revised and approved by EPA after 

the May 5, 2009 submittal. 

TABLE 1—ALLEGHENY COUNTY’S CTG VOC RACT CONTROLS

Article XXI Section 

Existing stationary sources—40 CFR 52.2020(C) 

CTG for RACT basis State effective 

date 

Federal Register date for 

SIP approval 

Citation 

2105.10 VOC Sources Surface 

Coating Processes.

Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume II: Surface Coating of 

Cans, Coils, Paper, Fabrics, Automobiles, and 

Light-Duty Trucks.

10/20/1995 

07/10/03 

11/14/2002 

06/24/2005 

67 FR 68935 

70 FR 36511 

Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume III: Surface Coating of 

Metal Furniture.

Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume IV: Surface Coating for 

Insulation of Magnet Wire.

Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume V: Surface Coating of 

Large Appliances.

Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume VI: Surface Coating of 

Miscellaneous Metal Parts and Products.

2105.11 VOC Sources Graphic 

Arts Systems.

Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume VIII: Graphic Arts—Rotogravure and Flexography.

10/20/1995 11/14/2002 67 FR 68935 

2105.12 VOC Sources VOC Storage Tanks.Control of Volatile Organic Emissions from Petroleum 

Liquid Storage in External Floating Roof Tanks.

10/20/1995 11/14/2002 67 FR 68935 

2105.13 Gasoline Loading Facilities.Control of Volatile Organic Emissions from Bulk Gasoline Plants.10/20/1995 11/14/2002 67 FR 68935 

Design Criteria for Stage I Vapor Control Systems— 

Gasoline Service Stations.

2105.15 Degreasing Operations .... Control of Volatile Organic Emissions from Solvent 

Metal Cleaning.

10/20/1995 11/14/2002 67 FR 68935 

2105.16 Cutback Asphalt Paving .. Control of Volatile Organic Compounds from Use of 

Cutback Asphalt.

10/20/1995 11/14/2002 67 FR 68935 

2105.17 Ethylene Production Facilities........................................................................................ 10/20/1995 11/14/2002 67 FR 68935 

2105.19 Synthetic Organic Chemical and Polymer Manufacturing— 

Fugitive Emissions.

Control of Volatile Organic Compound Fugitive Emissions from Synthetic Organic Chemical Polymer and 

Resin Manufacturing Equipment.

10/20/1995 11/14/2002 67 FR 68935 

2105.70 Petroleum Refineries ....... ....................................................................................... 10/20/1995 11/14/2002 67 FR 68935 

2105.71 Pharmaceutical Products Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products.10/20/1995 11/14/2002 67 FR 68935 

2105.72 Manufacture of Pneumatic 

Rubber Tires.

Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires.10/20/1995 11/14/2002 67 FR 68935 

2105.74 Aerospace Manufacturing 

and Rework.

Aerospace ..................................................................... 07/10/2003 06/24/2005 70 FR 36511 

2105.75 Mobile Equipment Repair 

and Refinishing.

ACT: Automobile Body refinishing ................................ 07/10/2003 06/24/2005 70 FR 36511 

2105.76 Wood Furniture Manufacturing Operations.Wood Furniture ............................................................. 07/10/2003 06/24/2005 70 FR 36511 

ACHD also submitted a negative 

declaration certifying that the following 

VOC CTG sources listed in table 2 do 

not exist in Allegheny County, and 

therefore ACHD does not need to adopt 

CTGs for these sources. Table 2 lists 

VOC CTG sources in Allegheny 

County’s negative declaration. 

TABLE 2—VOC CTG SOURCES FOR WHICH NO APPLICABLE FACILITIES EXIST IN ALLEGHENY COUNTY

Control of Volatile Organic Compound Emissions From Large Petroleum Dry Cleaners. 

Control of Volatile Organic Emissions From Existing Stationary Sources, Volume II: Factory Surface Coating of Flat Wood Paneling. 

Control of Volatile Organic Compound Equipment Leaks From Natural Gas/Gasoline Processing Plants. 

Control of Volatile Organic Compound Emissions From Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. 

Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation Operations Processes in the Synthetic Organic 

Chemical Manufacturing Industry. 

Control Techniques Guidelines for Shipbuilding and Ship Repair Operations. 


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B. Source-Specific RACT Controls 

Table 3 lists Allegheny County’s 

source-specific RACT controls, which 

were implemented and approved into 

the SIP under the 1-hour ozone NAAQS, 

for which Allegheny County is 

certifying as meeting the 8-hr ozone 

NAAQS RACT requirements for VOC 

and/or NOX. EPA approved into the 

Pennsylvania SIP new NOX emission 

control regulation for Glass Melting 

Furnaces in Allegheny County on 

November 29, 2012 (77 FR 71117) 

which regulation supersedes the sourcespecific RACT determinations 

submitted in the May 5, 2009 submittal 

for sources where Article XXI, section 

2105.101 is applicable. Allegheny 

County submitted a revision on January 

25, 2012 removing all references to the 

cap and trade programs, NOX SIP Call 

or Clean Air Interstate Rule (CAIR) 

because it certified that those electrical 

generating units (EGUs) subject to such 

programs have source-specific RACT 

controls that do not rely on the trading 

programs and because the U.S. Court of 

Appeals for the District of Columbia 

Circuit ruled in the National Resources 

Defense Council v. EPA, 571 F.3d 1245, 

1256 (July 10, 2009), that ‘‘regionwide 

RACT-level reductions in emissions do 

not meet the statutory requirement that 

the reductions be from sources in the 

nonattainment area.’’ 

TABLE 3—SOURCE-SPECIFIC RACT CONTROLS

Facility name State effective 

date Pollutant Federal Register date Citation 

Allegheny Ludlum Corporation ...................................................................... 12/19/1996 NOX/VOC ....... 10/18/2001 66 FR 52857. 

Ashland Specialty Chemical Co .................................................................... 12/30/1996 NOX/VOC ....... 10/16/2001 66 FR 52506. 

Bay Valley Foods .......................................................................................... 06/09/2005 NOX ................ 05/11/2006 71 FR 27394. 

Bellefield Boiler Plant .................................................................................... 12/19/1996 NOX ................ 10/12/2001 66 FR 52044. 

Eastman Chemical Resins, Inc ..................................................................... 11/01/1999 NOX/VOC ....... 10/16/2001 66 FR 52506. 

GE Lighting LLC ............................................................................................ 12/19/1996 NOX ................ 10/16/2001 66 FR 52527. 

Guardian Industries Corp .............................................................................. 08/27/1996 NOX ................ 10/16/2001 66 FR 52527. 

Koppers Industries, Inc .................................................................................. 08/27/1996 VOC ................ 10/17/2001 66 FR 52700. 

Neville Chemical Co ...................................................................................... 12/13/1996 NOX/VOC ....... 10/16/2001 66 FR 52506. 

NRG Energy Center ...................................................................................... 06/09/2005 NOX ................ 05/11/2006 71 FR 27394. 

Orion Power Brunot Island ............................................................................ 08/27/1996 NOX/VOC ....... 10/15/2001 66 FR 52327. 

Orion Power Cheswick .................................................................................. 03/08/1996 NOX ................ 10/18/2001 66 FR 52867. 

PACT—Pennsylvania Allegheny County Thermal ........................................ 03/04/1996 NOX ................ 10/12/2001 66 FR 52044. 

Port Glenshaw Glass, LLC ............................................................................ 03/10/2000 NOX/VOC ....... 10/16/2001 66 FR 52527. 

PPG Industries, Inc Springdale ..................................................................... 12/19/1996 VOC ................ 10/12/2001 66 FR 52050. 

Pressure Chemical Company ........................................................................ 06/11/1997 VOC ................ 10/17/2001 66 FR 52700. 

Shenango Inc ................................................................................................ 12/30/1996 NOX/VOC ....... 10/16/2001 66 FR 52511. 

US Steel Clairton ........................................................................................... 12/30/1996 NOX/VOC ....... 10/16/2001 66 FR 52511. 

US Steel Edgar Thomas ............................................................................... 12/30/1996 NOX/VOC ....... 10/16/2001 66 FR 52511. 

US Steel Irvin ................................................................................................ 12/30/1996 NOX/VOC ....... 10/16/2001 66 FR 52511. 

Finally, the Laurel Mountain 

Whirlpool facility did not have a 1-hour 

ozone NAAQS RACT determination, but 

is subject to the MACT standards of 40 

CFR 63 subpart WWWW, which has 

been determined sufficient for VOC 8- 

hour ozone NAAQS RACT in 

accordance with the Phase 2 Rule. 

Further details of ACHD’s RACT reevaluations can be found in the TSD 

prepared for this rulemaking. 

III. Proposed Action 

EPA is proposing to approve the 

ACHD SIP revision that addresses the 

requirements of RACT under the 8-hour 

ozone NAAQS, which was submitted on 

May 5, 2009. This SIP revision includes 

a combination of: (1) Certifications that 

previously adopted RACT controls in 

Pennsylvania’s SIP which were 

approved by EPA under the 1-hour 

ozone NAAQS are based on the 

currently available, technically and 

economically feasible controls and 

continue to represent RACT for the 8- 

hour ozone NAAQS; (2) a negative 

declaration demonstrating that no 

facilities exist in Allegheny County for 

the applicable CTG categories; and (3) a 

new RACT determination for a single 

source. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 


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practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

Allegheny County RACT 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, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: February 14, 2013. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2013–04409 Filed 2–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 515, 520, and 532 

[Docket No. 11–22] 

RIN 3072–AC51 

Non-Vessel-Operating Common Carrier 

Negotiated Rate Arrangements; Tariff 

Publication Exemption 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Maritime 

Commission proposes to impose 

registration requirements on foreignbased unlicensed non-vessel-operating 

common carriers (NVOCCs) and to 

extend an exemption from certain 

provisions and requirements of the 

Shipping Act of 1984 and the 

Commission regulations to foreignbased unlicensed non-vessel-operating 

common carriers that agree to negotiated 

rate arrangements (NRAs). The 

extension of the exemption is to make 

NRAs more useful and to enhance 

competition among all NVOCCs. 

DATES: Comments or suggestions due on 

or before: April 29, 2013. 

ADDRESSES: Submit all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, 

Phone: (202) 523–5725, Email: 

secretary@fmc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Fenneman, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street NW., Washington, 

DC 20573–0001, Phone: (202) 523–5740, 

Email: generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

Submit Comments: Submit an original 

and 5 copies in paper form, and if 

possible, send a PDF of the document by 

email to secretary@fmc.gov. Include in 

the subject line: Docket No. 11–22, 

Comments on Non-Vessel-Operating 

Common Carrier Negotiated Rate 

Arrangements; Tariff Publication 

Exemption. 

Background 

On March 2, 2011, the Commission 

published a final rule promulgating 46 

CFR part 532, Docket No. 10–03, NonVessel-Operating Common Carrier 

Negotiated Rate Arrangements, which 

exempted licensed non-vessel-operating 

common carriers (NVOCCs) that enter 

into negotiated rate arrangements 

(NRAs) from the tariff rate publication 

requirements of the Shipping Act of 

1984 and certain provisions and 

requirements of the Commission’s 

regulations. 76 FR 11351 (Mar. 2, 2011). 

However, concerns about extending 

the exemption to foreign-based 

unlicensed NVOCCs were raised by 

staff. Id. at 11355–11356. Foreign-based 

unlicensed NVOCCs are not subject to 

the same stringent requirements as 

licensed NVOCCs, such as review of the 

experience and character of the 

shareholders, major officers, and 

Qualifying Individual of the license 

applicant. Accordingly, the Commission 

decided at the time to permit the NRAs 

only to licensed NVOCCs, while stating 

that it will commence proceedings to 

obtain and consider additional 

comments on potential modifications to 

the final rule, including possible 

extension of the exemption to foreignbased unlicensed NVOCCs. Id. at 11357. 

The Commission later issued a Notice 

of Inquiry, Docket No. 11–22, NonVessel-Operating Common Carrier 

Negotiated Rate Arrangements; Tariff 

Filing Exemption, seeking comments on 

ways to make the NRA rules more 

useful and on its possible extension to 

foreign-based unlicensed NVOCCs. 76 

FR 80866 (Dec. 27, 2011). Adopting 

suggestions by a number of ocean 

transportation intermediaries and U.S. 

and foreign trade associations, the 

Commission published a direct final 

rule eliminating some of the technical 

requirements of the rule. 77 FR 33971 

(June 8, 2012). The Commission, 

however, decided to continue to 

consider other suggestions, including 

possible extension of the exemption to 

foreign-based unlicensed NVOCCs, at a 

future date. Id. at 33972. 

Discussion 

The Commission may exempt any 

specified future activity from any 

requirements of the Shipping Act of 

1984 ‘‘if the Commission finds that the 

exemption will not result in substantial 

reduction in competition or be 

detrimental to commerce.’’ 46 U.S.C. 

40103. The Commission may attach 

conditions to an exemption and may, by 

order, revoke an exemption. Id. In 

Docket No. 10–03, the Commission 

found that allowing licensed NVOCCs to 

opt out of the requirements to publish 

tariff rates will enhance competition, 

rather than result in a substantial 

reduction in competition among 

licensed NVOCCs. 76 FR 11351, 11352. 

After reviewing all of the comments 

received and in light of the conditions 

for using NRAs, the Commission also 

found that permitting licensed NVOCCs 

the option of operating under NRAs 

would not be detrimental to commerce. 

Id. at 11353. 

Commission staff, however, raised 

concerns that extending the exemption 

to foreign-based unlicensed NVOCCs 

could hamper the Commission’s ability 

to protect the shipping public, as the 

exemption is predicated, among other 

things, on the prompt availability of 

records. Id. at 11353. There were also 

concerns about the lack of oversight of 

foreign-based unlicensed NVOCCs. Id. 

at 11356. The licensing process for 

licensed NVOCCs includes a detailed 

review of the experience and character 

of the applicant’s Qualifying Individual, 

and the character of its major officers 

and shareholders. Id. Further, the 

Commission’s Bureau of Certification 

and Licensing’s review of applicants 

includes a thorough vetting of the 

Commission’s complaint and 

enforcement records system as well as 

commercial databases to analyze the 

applicant’s financial background. Id. 

While the Commission approves a 

license based upon substantive and 

verified information, the Commission 

knows little more than the name and 

address of foreign-based unlicensed 

NVOCCs. Id. Further, foreign-based 

unlicensed NVOCCs are not required to 

designate a Qualifying Individual. Id. 

Those discussions brought to light the 

need for a registration process for 

foreign-based unlicensed NVOCCs. The 

registration process requires such 

NVOCCs submit a registration form to 

the Commission that identifies the 

NVOCCs’ legal name, trade name(s), 

principal address, contact information 

including name of a contact person, and 

name, address, and contact person for a 


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