67964 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

FDEP did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving EJ for people of 

color, low-income populations, and 

Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 December 4, 2023. 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 27, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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 K—Florida 

§ 52.520 [Amended] 

■ 2. In § 52.520 in paragraph (c) amend 

the table under the heading ‘‘Chapter 

62–296 Stationary Sources-Emission 

Standards’’ by removing the entries for 

‘‘Rules 62–296.470, Implementation of 

Federal Clean Air Interstate Rule,’’ ‘‘62– 

296.701, Portland Cement Plants,’’ ‘‘62– 

296.703, Carbonaceous Fuel Burners,’’ 

‘‘62–296.706, Glass Manufacturing 

Process,’’ ‘‘62–296.709, Lime Kilns,’’ and 

‘‘62–296.710, Smelt Dissolving Tanks.’’ 

[FR Doc. 2023–21723 Filed 10–2–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3195 

[BLM_HQ_FRN_MO4500172196] 

RIN 1004–AE93 

Helium Contracts 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Helium Stewardship Act 

of 2013 (HSA) required the Bureau of 

Land Management (BLM) to sell the 

Federal Helium System (FHS) and end 

the Federal Helium In-Kind Program. 

Accordingly, on September 24, 2021, 

the BLM declared the FHS as excess to 

the General Services Administration 

(GSA), and on September 30, 2022, 

ceased operation of the Federal Helium 

In-Kind Program. This final rule 

removes the Federal Helium In-Kind 

Program’s associated provisions from 

the BLM’s regulations. 

DATES: This final rule is effective on 

October 3, 2023. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, 1849 C St. NW, 

Room 5646, Washington, DC 20240; 

Attention: RIN 1004–AE93. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 67965 

FOR FURTHER INFORMATION CONTACT: 

Amy Hay, Division Chief, Division of 

Business Resources, 303–236–6629, 

ahay@blm.gov; or Faith Bremner, 

Regulatory Analyst, Division of 

Regulatory Affairs, fbremner@blm.gov. 

Individuals in the United States who are 

deaf, blind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services for 

contacting Ms. Hay. Individuals outside 

the United States should use the relay 

services offered within their country to 

make international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The BLM operates and maintains the 

FHS, which includes a helium storage 

reservoir, enrichment plant, pipeline 

system, and related infrastructure near 

Amarillo, Texas. The BLM will continue 

to operate the system until the sale is 

completed. Crude helium is extracted 

from the storage reservoir and 

transported to private helium refineries 

in Oklahoma and Kansas through the 

Federal Helium Pipeline. These refiners 

process the crude helium gas into 

refined liquid helium that is transported 

via tanker truck for use by private 

industry and Federal users. Helium is 

important for scientific research and 

medical imaging devices and is used by 

the Department of Defense (DoD), the 

National Aeronautics and Space 

Administration (NASA), and the 

Department of Homeland Security, 

among others. Over the past 3 years, the 

FHS provided roughly 14 percent of the 

domestic helium supply. 

The BLM’s regulations at 43 CFR part 

3195, entitled ‘‘Helium Contracts,’’ 

implemented the requirements of the 

Helium Privatization Act of 1996 to 

establish the BLM’s Federal Helium InKind Program (Pub. L. 104–273, 

amended by the HSA, codified at 50 

U.S.C. 167 (2013)). The BLM issued the 

regulations on July 28, 1998, 

establishing procedures for the BLM’s 

Federal Helium In-Kind Program and 

defining the obligations of Federal 

helium suppliers and users. See 63 FR 

40175. Under the BLM’s Federal Helium 

In-Kind Program, Federal agencies were 

required to purchase all of their refined 

helium from private suppliers who, in 

turn, were required to purchase an 

equivalent amount of crude helium from 

the FHS. 

Congress later enacted the HSA (Pub. 

L. 113–40), which amended the Helium 

Privatization Act and required the 

Secretary of the Interior to dispose of 

the FHS. The Act continued the Federal 

Helium In-Kind Program until the 

disposal of the FHS. 

The Department of the Interior and 

the BLM have complied with the 

requirements of the HSA. In April 2020, 

the BLM announced the disposal 

process for the FHS and explained that 

the Federal Helium In-Kind Program 

would end on September 30, 2022. The 

BLM has turned the FHS over to the 

GSA so that the GSA can sell the FHS. 

The BLM ended the Federal Helium InKind Program on September 30, 2022, in 

preparation for the sale. Since that time, 

Federal users have been procuring 

helium on the open market. 

The GSA has modified the Federal 

Acquisition Regulation to comply with 

the HSA. On September 19, 2022, the 

GSA, DoD, and NASA published a 

proposed rule that would remove the 

requirements for government 

contractors to purchase helium from the 

Federal Government through the 

Federal Helium In-Kind Program. See 87 

FR 57166. On April 26, 2023, the GSA, 

DoD, and NASA published the final 

rule. See 88 FR 25474. 

II. Discussion of Final Rule 

This final rule is an administrative 

action that simply removes 43 CFR part 

3195 from the BLM’s regulations in its 

entirety. These regulations are no longer 

in effect due to the pending sale of the 

FHS as required by the HSA. This action 

will implement Federal law. The BLM 

does not have the discretion to continue 

operating the in-kind program. 

Therefore, the Department of the 

Interior for good cause finds under 5 

U.S.C. 533(b)(B) and (d)(3) that notice 

and public comment procedures are 

unnecessary. 

Procedural Matters 

Regulatory Planning and Review (E.O. 

12866, E.O. 14094, E.O. 13563) 

This document is not a significant 

rule, and the Office of Management and 

Budget (OMB) has not reviewed this 

final rule under Executive Order (E.O.) 

12866. The BLM has determined that 

this final rule will not have an annual 

effect on the economy of $200 million 

or more. It will not adversely affect in 

a material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or Tribal 

governments or communities. This final 

rule simply removes the Federal Helium 

In-Kind Program regulations from the 

Code of Federal Regulations (CFR). 

These regulations are no longer in effect, 

due to the pending sale of the FHS, as 

required by the HSA. 

This final rule will not create 

inconsistencies or otherwise interfere 

with an action taken or planned by 

another agency. In addition, this final 

rule does not materially affect the 

budgetary impact of entitlements, 

grants, or loan programs, or the rights 

and obligations of their recipients. 

Finally, this final rule does not raise 

novel legal or policy issues. As 

explained earlier, the final rule removes 

regulations from the CFR that are no 

longer in effect. 

Regulatory Flexibility Act 

This final rule will not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). As a result, 

a Regulatory Flexibility Analysis is not 

required. The final rule will not affect 

small entities in any material way, 

because this final rule simply removes 

regulations from the CFR that are no 

longer in effect. 

Congressional Review Act 

This final rule is not a ‘‘major rule’’ 

as defined at 5 U.S.C. 804(2). The final 

rule will not have an annual effect on 

the economy greater than $100 million; 

it will not result in major cost or price 

increases for consumers, industries, 

government agencies, or regions; and it 

will not have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Accordingly, a Small Entity Compliance 

Guide is not required. 

Federalism (E.O. 13132) 

This final rule will not have a 

substantial direct effect 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. In accordance 

with E.O. 13132, the BLM therefore 

finds that the final rule does not have 

federalism implications, and a 

federalism assessment is not required. 

The Paperwork Reduction Act of 1995 

The Paperwork Reduction Act (44 

U.S.C. 3501–3521) generally provides 

that an agency may not conduct or 

sponsor and, notwithstanding any other 

provision of law, a person is not 

required to respond to a collection of 

information, unless it displays a 

currently valid OMB control number. 

Collections of information include any 

request or requirement that persons 

obtain, maintain, retain, or report 

information to an agency, or disclose 

information to a third party or to the 


ddrumheller on DSK120RN23PROD with RULES1
67966 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

public (44 U.S.C. 3502(3) and 5 CFR 

1320.3(c)). 

OMB has generally approved the 

information collection requirements 

contained in 43 CFR part 3195 under 

OMB control number 1004–0179. Since 

this final rule removes 43 CFR part 3195 

in its entirety, including all information 

collection requirements contained 

therein, the BLM has requested that 

OMB discontinue that OMB control 

number, along with the associated 

public paperwork burdens. This action 

also results in discontinuing the 

following BLM form numbers: 3195–1; 

3195–2; 3195–3; and 3195–4. 

Discontinuing OMB control number 

1004–0179 results in reducing the 

BLM’s information collection burdens 

by 94 annual responses and 642 annual 

burden hours. 

Takings Implication Assessment (E.O. 

12630) 

As required by E.O. 12630, the BLM 

has determined that this final rule will 

not cause a taking of private property. 

The BLM therefore certifies that this 

final rule does not represent a 

governmental action capable of 

interference with constitutionally 

protected property rights. 

Civil Justice Reform (E.O. 12988) 

In accordance with E.O. 12988, the 

BLM finds that this final rule will not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Executive Order. 

The National Environmental Policy Act 

(NEPA) 

The BLM has determined that this 

final rule qualifies as an administrative, 

housekeeping action that is categorically 

excluded from environmental review 

under NEPA pursuant to 43 CFR 46.205 

and 46.210(i). The final rule does not 

meet any of the 12 criteria for 

exceptions to categorical exclusions 

listed at 43 CFR 46.215. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required in connection with the rule 

(40 CFR 1501.3). 

The Unfunded Mandates Reform Act of 

1995 

The BLM has determined that this 

final rule is not significant under the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq., because it 

will not result in State, local, private 

sector, or Tribal government 

expenditures of $100 million or more in 

any one year, 2 U.S.C. 1532. This rule 

will not significantly or uniquely affect 

small governments. Therefore, the BLM 

is not required to prepare a statement 

containing the information required by 

the Unfunded Mandates Reform Act. 

Consultation and Coordination With 

Indian Tribal Governments (E.O. 

13175) 

In accordance with E.O. 13175, the 

BLM has determined that this final rule 

does not include policies that have 

Tribal implications. Specifically, the 

rule will not have substantial direct 

effects on one or more Indian Tribes. 

Consequently, the BLM did not use the 

consultation process set forth in section 

5 of the Executive Order. 

Information Quality Act 

In developing this final rule, the BLM 

did not conduct or use a study, 

experiment, or survey requiring peer 

review under the Information Quality 

Act (Pub. L. 106–554). 

Effects on the Nation’s Energy Supply 

(E.O. 13211) 

In accordance with E.O. 13211, the 

BLM has determined that this final rule 

will not have a significant adverse effect 

on the supply, distribution, or use of 

energy. The final rule removes 

regulations from the CFR that are no 

longer in effect. 

Delegation of Signing Authority 

The action taken herein is pursuant to 

an existing delegation of authority. 

List of Subjects 

Government contracts, Helium, 

Mineral royalties, Oil and gas 

exploration, Public lands—mineral 

resources, Reporting and recordkeeping 

requirements, and Surety bonds. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

Under the authority of 5 U.S.C. 301, 

50 U.S.C. 167, and for the reasons stated 

in the preamble, 43 CFR Chapter II is 

amended as follows: 

PART 3195—[REMOVED] 

■ 1. Remove part 3195. 

[FR Doc. 2023–21711 Filed 10–2–23; 8:45 am] 

BILLING CODE 4331–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 11 

[Docket No. USCG–2020–0492] 

RIN 1625–AC64 

Towing Vessel Firefighting Training 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is issuing 

this final rule to revise the training 

requirements for national Merchant 

Mariner Credential endorsements as 

master of towing vessels (limited) or 

mate (pilot) of towing vessels on inland 

waters or Western Rivers routes. 

Consistent with recommendations from 

two Federal advisory committees, this 

rule gives mariners seeking these 

endorsements the option of taking a 

modified basic firefighting course. That 

course excludes training on equipment 

that is not required to be carried on 

towing vessels operating on inland 

waters or the Western Rivers. 

Applicants who take the modified basic 

firefighting course will reduce their 

costs because it is shorter and less 

expensive than the basic firefighting 

course. 

DATES: This final rule is effective April 

1, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to 

www.regulations.gov, type USCG–2020– 

0492 in the search box, and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Mr. James Cavo, Coast Guard; 

telephone 202–372–1205, email 

James.D.Cavo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose, and Regulatory History 

III. Background 

IV. Discussion of Comments 

V. Discussion of the Rule 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 


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