Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 / Rules and Regulations 14611 

1The four areas in Texas where Stage II is 

required comprise 16 counties: BPA, containing 

Hardin, Jefferson and Orange counties; DFW, 

involving Collin, Dallas, Denton and Tarrant 

counties; El Paso County; and HGB, containing 

Brazoria, Chambers, Fort Bend, Galveston, Harris, 

Liberty, Montgomery, and Waller counties. 

is only necessary to send one set of 

comments. Identify comments with the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http:// 

www.regulations.gov. 

List of Subjects in 21 CFR Part 514 

Administrative practice and 

procedure, Animal drugs, Confidential 

business information, Reporting and 

recordkeeping requirements. 

Therefore under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 514 is 

amended as follows: 

PART 514—NEW ANIMAL DRUG 

APPLICATIONS 

■ 1. The authority citation for 21 CFR 

part 514 continues to read as follows: 

Authority: 21 U.S.C. 321, 331, 351, 352, 

356a, 360b, 371, 379e, 381. 

■ 2. In § 514.11, revise paragraphs (b), 

(d), (e) introductory text, and (e)(2)(ii) 

introductory text to read as follows: 

§ 514.11 Confidentiality of data and 

information in a new animal drug 

application file. 

* * * * * 

(b) The existence of an NADA file will 

not be disclosed by the Food and Drug 

Administration before the application 

has been approved, unless it has been 

previously disclosed or acknowledged. 

* * * * * 

(d) If the existence of an NADA file 

has been publicly disclosed or 

acknowledged before the application 

has been approved, no data or 

information contained in the file is 

available for public disclosure, but the 

Commissioner may, in his discretion, 

disclose a summary of such selected 

portions of the safety and effectiveness 

data as are appropriate for public 

consideration of a specific pending 

issue, i.e., at an open session of a Food 

and Drug Administration advisory 

committee or pursuant to an exchange 

of important regulatory information 

with a foreign government. 

(e) After an application has been 

approved, the following data and 

information in the NADA file are 

immediately available for public 

disclosure unless extraordinary 

circumstances are shown: 

* * * * * 

(2) * * * 

(ii) For an NADA approved after July 

1, 1975, a summary of such data and 

information prepared in one of the 

following two alternative ways shall be 

publicly released when the application 

is approved. 

* * * * * 

Dated: March 7, 2014. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2014–05430 Filed 3–14–14; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0439; FRL–9907–55– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Stage II Vapor Recovery Program and 

Control of Air Pollution From Volatile 

Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Texas State Implementation Plan 

(SIP) that control emissions of volatile 

organic compounds (VOCs) at gasoline 

dispensing facilities (GDFs) in Texas. 

The revisions were submitted to the 

EPA by the Texas Commission on 

Environmental Quality (TCEQ) on 

October 31, 2013 and address the 

maintenance and removal of Stage II 

vapor recovery equipment at GDFs. The 

EPA is also approving related revisions 

to the Stage II SIP narrative that pertain 

to the maintenance and removal of Stage 

II vapor recovery equipment and 

demonstrate that the absence of Stage II 

equipment in the Beaumont-Port Arthur 

(BPA), Dallas-Fort Worth (DFW) and 

Houston-Galveston Brazoria (HGB) 

areas, and in El Paso County would not 

interfere with attainment of the national 

ambient air quality standards, 

reasonable further progress or any other 

requirement of the Clean Air Act (CAA 

or Act). The EPA is approving these 

revisions pursuant to sections 110 and 

202 of the Act and consistent with the 

EPA’s guidance. 

DATES: This final rule is effective on 

April 16, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0439. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 http://

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. To inspect the hard copy 

materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Paige, Air Planning Section 

(6PD–L); telephone (214) 665–6521; 

email address paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

The background for today’s final rule 

is discussed in our December 30, 2013 

proposal to approve revisions to the 

Texas SIP (78 FR 79340). In that action, 

we proposed to approve the Texas SIP 

revisions submitted by the TCEQ on 

October 31, 2013, which specify that 

new GDFs would not be required to 

install Stage II equipment and provide 

removal (decommissioning) procedures 

that existing GDFs in the 16 counties 1

must complete by August 31, 2018. The 

revisions to the Stage II SIP describe the 

removal of Stage II equipment at GDFs 

and require maintenance of the Stage II 

equipment until decommissioning 

occurs. The revisions to the SIP 

narrative also include a demonstration 

that the removal of, or failure to install, 

Stage II equipment in the 16 counties is 

consistent with section 110(l) of the Act 

which precludes approval of revisions 

to the SIP that contribute to 

nonattainment or interfere with 

maintenance of any National Ambient 

Air Quality Standard. 

Our December 30, 2013 proposal 

provides a detailed description of the 

revisions and the rationale for EPA’s 

proposed actions, together with a 


tkelley on DSK3SPTVN1PROD with RULES
14612 Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 / Rules and Regulations 

discussion of the opportunity to 

comment. The public comment period 

for these actions closed on January 29, 

2014. See the Technical Support 

Document in the docket for this 

rulemaking and our proposal at 78 FR 

79340 for more information. We did not 

receive any comments regarding our 

proposal. Therefore, we are finalizing 

our action as proposed. 

II. Final Action 

The EPA is approving revisions to the 

Texas SIP that control emissions of 

VOCs and pertain to the maintenance 

and removal of Stage II vapor recovery 

equipment submitted on October 31, 

2013. We are approving revisions to the 

following sections within 30 TAC 115: 

115.240, 115.241, 115.242, 115.243, 

115.244, 115.245, 115.246, 115.247, and 

115.249. The EPA is also approving 

related revisions to the Stage II SIP 

narrative that address the maintenance 

and removal of Stage II equipment, and 

demonstrate that the removal of, or 

failure to install Stage II equipment in 

the BPA, DFW, and HGB areas, and in 

El Paso County, meets section 110(l) of 

the Act. The EPA is approving these 

revisions in accordance with sections 

110 and 202 of the Act and consistent 

with the EPA’s guidance. 

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 May 16, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposed 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, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 25, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270: 

■ a. In paragraph (c) the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by revising the 

entries for Sections 115.240—115.247 

and Section 115.249. 

■ b. In paragraph (e) the second table 

titled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding a new entry to the end of the 

table for ‘‘Stage II Vapor Recovery 

Program SIP.’’ 

The revisions and additions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 / Rules and Regulations 14613 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

***** **

Section 115.240 .............................. Stage II Vapor Recovery Definitions and List of California Air 

Resources Board Certified Stage 

II Equipment.

10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.241 .............................. Emission Specifications ................. 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.242 .............................. Control Requirements .................... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.243 .............................. Alternate Control Requirements ..... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.244 .............................. Inspection Requirements ................ 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.245 .............................. Testing Requirements .................... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.246 .............................. Recordkeeping Requirements ........ 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.247 .............................. Exemptions ..................................... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

***** **

Section 115.249 .............................. Counties and Compliance Schedules.10/9/2013 3/17/14 [Insert FR page number 

where document begins].

***** **

* * * * * (e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

non-attainment area 

State submittal/effective date 

EPA approval date Comments 

***** **

.

Stage II Vapor Recovery Program 

SIP.

Statewide ........................................ 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

[FR Doc. 2014–05100 Filed 3–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 62, and 70 

[EPA–R07–OAR–2013–0724; FRL–9907–79– 

Region 7] 

Approval and Promulgation of 

Implementation Plans, State Plans for 

Designated Facilities and Pollutants, 

and Operating Permits Program; State 

of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Missouri State Implementation Plan 

(SIP), the 40 CFR part 62 state plans 

(111(d)), and the 40 CFR part 70 

operating permits program, which were 

received on August 25, 2011, May 8, 

2012, and February 11, 2013, 

respectively. The revisions submitted by 

the state move definitions currently in 

individual rules into one rule and 

eliminates the risk of the same term 

being defined differently for different 

rules. This action provides more clarity 

for the regulated public. These revisions 

do not have an adverse affect on air 

quality. EPA’s approval of these rule 

revisions is being done in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This direct final rule is effective 

May 16, 2014, without further notice, 

unless EPA receives adverse comment 

by April 16, 2014. If EPA receives 

adverse comment, we will publish a 

timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2013–0724, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: higbee.paula@epa.gov. 

3. Mail or Hand Delivery: Paula 

Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2013– 

0724. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 


tkelley on DSK3SPTVN1PROD with RULES