70602 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations 

1North American Industry Classification System. 

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[FR Doc. 2023–22531 Filed 10–11–23; 8:45 am] 

BILLING CODE 6560–50–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1090 

[EPA–HQ–OAR–2023–0289; FRL 10290–01– 

OAR] 

RIN 2060–AV87 

Reformulated Gasoline Covered Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this final action, the 

Environmental Protection Agency (EPA) 

is amending its reformulated gasoline 

(RFG) regulations to reflect the 

reclassification of several ozone 

nonattainment areas as Severe for the 

2008 ozone national ambient air quality 

standard (NAAQS). The subject areas 

are the Dallas-Fort Worth, TX area 

(Dallas), the Denver-Boulder-GreeleyFort Collins-Loveland, CO area 

(Denver), and the Eastern Kern County, 

CA area (Eastern Kern). The 

reclassification of the Dallas and Denver 

areas as Severe for the 2008 ozone 

NAAQS was effective on November 7, 

2022, and results in the prohibition of 

the sale of conventional gasoline 

throughout the entire nonattainment 

area under the Clean Air Act (CAA) eon 

November 7, 2023. Similarly, the 

reclassification of the Eastern Kern area 

was effective on July 7, 2021, and the 

Federal RFG requirement applied to the 

area on July 7, 2022. 

DATES: This final rule is effective 

November 13, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mark Coryell, Office of Transportation 

and Air Quality, U.S. Environmental 

Protection Agency, 2000 Traverwood, 

Ann Arbor, MI 48105; email address: 

coryell.mark@epa.gov or Rudy 

Kapichak, Office of Transportation and 

Air Quality, U.S. Environmental 

Protection Agency, 2000 Traverwood, 

Ann Arbor, MI 48105; email address: 

kapichak.rudolph@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

contents of this preamble are listed in 

the following outline: 

I. General Information 

II. Action 

III. Background 

IV. Public Participation 

V. Statutory and Executive Order Reviews 

VI. Legal Authority and Statutory Provisions 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

final action are fuel producers and 

distributors who do business in the 

Dallas-Fort Worth, TX area, the DenverBoulder-Greeley-Fort Collins-Loveland, 

CO area, and the Eastern Kern County, 

CA area. 

Examples of potentially 

regulated entities 

NAICS1

codes 

Petroleum refineries ....................... 324110 

424710 

Gasoline Marketers and Distributors .............................................. 424720 

Gasoline Retail Stations ................. 457110 

457120 


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Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations 70603 

2See 87 FR 60926, October 7, 2022. 

3See 86 FR 30204, June 7, 2021. 

4Six counties in the Dallas area are subject to a 

SIP-approved requirement to provide gasoline to 

retailers and wholesale purchaser consumers with 

a maximum RVP of 7.8 psi per gallon from June 1 

through September 15. The six counties are Ellis, 

Johnson, Kaufman, Parker, Rockwall and Wise. 

Beginning with the 2024 summer season (June 1 

through September 15 for retailers and wholesale 

purchaser consumers, and May 1 through 

September 15 for all other persons) gasoline sold in 

these six counties in the Dallas area will be required 

to comply with the more stringent Federal RFG RVP 

per gallon cap of 7.4 psi. See 40 CFR 1090.215(a)(3). 

5The Denver area is subject to the Federal 

requirement to sell gasoline with a maximum RVP 

of 7.8 psi per gallon during the summer season 

(June 1 through September 15 for retailers and 

wholesale purchaser consumers, and May 1 through 

September 15 for all other persons). See 40 CFR 

1090.215(a)(2). Beginning with the 2024 summer 

season, gasoline sold in the Denver area will be 

required to comply with the more stringent Federal 

RFG RVP per gallon cap of 7.4 psi. See 40 CFR 

1090.215(a)(3). 

6See 40 CFR 1090.625. See also 85 FR 78412 at 

78430, footnote 70 (December 4, 2020). 7 70 FR 75914 (December 21, 2005). 

Examples of potentially 

regulated entities 

NAICS1

codes 

Gasoline Transporters .................... 484220 

484230 

The above table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. The table lists 

the types of entities of which EPA is 

aware that potentially could be affected 

by this final action. Other types of 

entities not listed on the table could also 

be affected. To determine whether your 

organization could be affected by this 

final action, you should carefully 

examine the regulations in 40 CFR part 

1090. If you have questions regarding 

the applicability of this action to a 

particular entity, see the FOR FURTHER

INFORMATION CONTACT section of this 

preamble. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under Docket ID No. EPA–HQ– 

OAR–2023–0289. All documents in the 

docket are listed on the 

www.regulations.gov website. Although 

listed in the index, some information 

may not be publicly available, e.g., 

Confidential Business Information (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 electronically 

through www.regulations.gov. 

II. Action 

In this final action, the Environmental 

Protection Agency (EPA) is amending its 

reformulated gasoline (RFG) regulations 

at 40 CFR 1090.285(b) and (c) to reflect 

the reclassification of several ozone 

nonattainment areas as Severe for the 

2008 ozone national ambient air quality 

standard. The subject areas are the 

Dallas-Fort Worth, TX area, the DenverBoulder-Greeley-Fort Collins-Loveland, 

CO area, and the Eastern Kern County, 

CA area. The reclassification of the 

Dallas and Denver areas was effective on 

November 7, 2022, and results in the 

prohibition of the sale of conventional 

gasoline throughout the entire 

nonattainment area under CAA section 

211(k)(10)(D) and section 211(k)(5) 

effective 1 year after the effective date 

of the reclassification, which is 

November 7, 2023.2 Similarly, the 

reclassification of the Eastern Kern area 

was effective on July 7, 2021, and the 

Federal RFG requirement applied to the 

area on July 7, 2022.3

III. Background 

The CAA prohibits the sale of 

conventional gasoline in any ozone 

nonattainment area that is reclassified 

as Severe and requires that Federal RFG 

must instead be sold. The prohibition 

on the sale of conventional gasoline 

takes effect 1 year after the effective date 

of the reclassification (see CAA section 

211(k)(10)(D)). For areas that are 

reclassified as Severe for the 2008 ozone 

NAAQS, States would not promulgate 

State fuel rules for implementing 

Federal RFG because the CAA 

requirements would be implemented as 

written. Air agencies are thus not 

required to submit a State 

Implementation Plan (SIP) revision 

addressing Federal RFG requirements. 

Areas already subject to Federal RFG 

requirements are listed in 40 CFR 

1090.285(a)–(d). Federal RFG is already 

sold in four counties in the Dallas area 

because Texas opted those counties into 

RFG under CAA section 211(k)(6)(A). 

The reclassification of the Dallas area as 

Severe for the 2008 ozone NAAQS 

results in Federal RFG being required in 

all 10 counties in the nonattainment 

area for the 2008 ozone NAAQS.4 The 

sale of Federal RFG is a new 

requirement for the Denver area as 

Federal RFG is not currently required to 

be sold in any part of the Denver 2008 

ozone NAAQS nonattainment area.5

With respect to Eastern Kern, California 

law requires the sale of California Phase 

3 RFG (CaRFG3) throughout the State, 

and EPA has exempted gasoline meeting 

the CaRFG3 regulations from the 

requirements that would otherwise 

apply under the Federal RFG 

regulations.6 We granted this exemption 

because we found that gasoline 

complying with the CaRFG3 regulations 

provides emissions benefits equivalent 

to Federal RFG regulations and because 

California’s compliance and 

enforcement program is sufficiently 

rigorous to assure that the standards are 

met.7 Thus, reclassification of Eastern 

Kern to Severe does not impact the 

continued applicability of California’s 

regulations that require the sale of 

CaRFG3 in the Eastern Kern area. 

Should California’s regulations no 

longer apply in the future, EPA’s RFG 

regulations would apply in keeping 

with CAA requirements. 

IV. Public Participation 

EPA is issuing this final action 

without prior notice and comment. The 

rulemaking procedures provided in 

CAA section 307(d) do not apply when 

the Agency for good cause finds that 

notice-and-comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest pursuant to section 

553(b)(B) of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B). This 

is a ministerial action that amends 40 

CFR 1090.285(b) and (c) to reflect that 

the Dallas, Denver, and Eastern Kern 

ozone nonattainment areas have been 

reclassified as Severe for the 2008 ozone 

NAAQS and that CAA section 

211(k)(10)(D) requires that such 

reclassified areas become Federal RFG 

covered areas 1 year after the effective 

date of their reclassification. For this 

reason, EPA finds that notice-andcomment procedures under CAA 

section 307(d)(1) are unnecessary. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any 

information collection burden under the 

PRA, because it does not contain any 

information collection activities. 


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70604 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice-and-comment rulemaking 

requirements under the Administrative 

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

any other statute. This rule is not 

subject to notice-and-comment 

requirements because the Agency has 

invoked the APA ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This final rule does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. This 

action amends the reformulated gasoline 

(RFG) regulations at 40 CFR 1090.285(b) 

and (c) to reflect the reclassification of 

several ozone nonattainment areas as 

Severe for the 2008 ozone NAAQS, 

which results in the prohibition of the 

sale of conventional gasoline throughout 

the entire nonattainment area under 

CAA section 211(k)(10)(D) and section 

211(k)(5) effective 1 year after the 

effective date of the reclassification. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175. This final rule affects only 

those refiners, importers or blenders of 

gasoline that chose to produce or import 

gasoline that meets Federal RFG 

program requirements for sale in the 

Dallas, Denver, and Kern County areas 

and gasoline distributers and retail 

stations in those areas. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

EPA has no reason to believe that this 

action will disproportionately affect 

children since the RFG program results 

in lower emissions of ozone precursors 

in the Dallas, Denver, and Kern County 

areas. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rule does not involve technical 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) directs Federal 

agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

Indigenous peoples) and low-income 

populations. 

The EPA believes that the 

requirement to sell RFG is likely to 

reduce existing disproportionate and 

adverse effects on people of color, lowincome populations and/or Indigenous 

peoples. This requirement in the areas 

referenced in this action will result in 

area-wide emission reductions for ozone 

precursors and provide clean air 

benefits. Therefore, disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations are not an 

anticipated result. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice-and-comment rulemaking 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in section IV, including the 

basis for that finding. 

VI. Legal Authority and Statutory 

Provisions 

The statutory authority for this action 

is granted to EPA by sections 211(k) and 

301(a) of the Clean Air Act, as amended; 

42 U.S.C. 7545(h) and 7601(a). 

List of Subjects in 40 CFR Part 1090 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Fuel additives, 

Gasoline, Motor vehicle and motor 

vehicle engines, Motor vehicle 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, EPA amends 40 CFR part 

1090 as follows: 

PART 1090—REGULATION OF FUELS, 

FUEL ADDITIVES, AND REGULATED 

BLENDSTOCKS 

■ 1. The authority citation for part 1090 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7522– 

7525, 7541, 7542, 7543, 7545, 7547, 7550, 

and 7601. 

■ 2. Amend § 1090.285: 

■ a. In table 2 to paragraph (b) by adding 

entries for ‘‘Eastern Kern County, 

‘‘Dallas’’, and ‘‘Denver-Boulder-GreeleyFt. Collins-Loveland’’ to the end of the 

table and adding footnotes 5 through 7 

in numerical order; and 

■ b. In table 3 to paragraph (c) by 

removing the entry ‘‘Dallas-Fort Worth’’. 

The additions read as follows: 

§ 1090.285 RFG covered areas. 

* * * * * 

(b) * * * 


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Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations 70605 

TABLE 2 TO PARAGRAPH (b)—ADDITIONAL RFG COVERED AREAS UNDER 42 U.S.C. 7545(k)(10)(D) 

Area designation State or 

district Counties Independent cities 

*******

Eastern Kern County .................................. California .......... Kern County 5.

Dallas .......................................................... Texas ................ Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, 

Rockwall, Tarrant, Wise.

Denver-Boulder-Greeley-Ft. CollinsLoveland.Colorado ........... Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, Larimer County,6 Weld County 7.

******* 5That portion of the county (with the exception of that portion in Hydrologic Unit Number 18090205 the Indian Wells Valley) east and south of 

a line described as follows: Beginning at the Kern-Los Angeles County boundary and running north and east along the northwest boundary of the 

Rancho La Liebre Land Grant to the point of intersection with the range line common to Range 16 West and Range 17 West, San Bernardino 

Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Grant to the northwest corner of Section 3, Township 11 North, Range 17 West; 

then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast 

corner of Section 34, Township 32 South, Range 30 East, Mount Diablo Base and Meridian; then north to the northwest corner of Section 35, 

Township 31 South, Range 30 East; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of Section 

18, Township 31 South, Range 31 East; then east to the southeast corner of Section 13, Township 31 South, Range 31 East; then north along 

the range line common to Range 31 East and Range 32 East, Mount Diablo Base and Meridian, to the northwest corner of Section 6, Township 

29 South, Range 32 East; then east to the southwest corner of Section 31, Township 28 South, Range 32 East; then north along the range line 

common to Range 31 East and Range 32 East to the northwest corner of Section 6, Township 28 South, Range 32 East, then west to the southeast corner of Section 36, Township 27 South, Range 31 East, then north along the range line common to Range 31 East and Range 32 East to 

the Kern-Tulare County boundary. 6That portion of the county that lies south of a line described as follows: Beginning at a point on Larimer County’s eastern boundary and Weld 

County’s western boundary intersected by latitude 40 degrees, 42 minutes, and 47.1 seconds north, proceed west to a point defined by the intersection of latitude 40 degrees, 42 minutes, 47.1 seconds north and longitude 105 degrees, 29 minutes, and 40.0 seconds west, proceeding 

south on longitude 105 degrees, 29 minutes, 40.0 seconds west to the intersection with latitude 40 degrees, 33 minutes and 17.4 seconds north, 

proceeding west on latitude 40 degrees, 33 minutes, 17.4 seconds north until this line intersects Larimer County’s western boundary and Grand 

County’s eastern boundary. 7That portion of the county that lies south of a line described as follows: Beginning at a point on Weld County’s eastern boundary and Logan 

County’s western boundary intersected by latitude 40 degrees, 42 minutes, 47.1 seconds north, proceeding west on latitude 40 degrees, 42 minutes, 47.1 seconds north until this line intersects Weld County’s western boundary and Larimer County’s eastern boundary. 

* * * * * 

[FR Doc. 2023–22532 Filed 10–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220919–0193; RTID 0648– 

XD387] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

Closure of the General Category 

October Through November Fishery 

for 2023 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the General 

category fishery for large medium and 

giant (i.e., measuring 73 inches (185 cm) 

curved fork length or greater) Atlantic 

bluefin tuna (BFT) for the remainder of 

the October through November time 

period. This action applies to Atlantic 

Tunas General category (commercial) 

permitted vessels and highly migratory 

species (HMS) Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. This action also 

waives the previously-scheduled 

restricted-fishing days (RFDs) for the 

remainder of the October through 

November time period. With the RFDs 

waived during the closure, fishermen 

aboard General category permitted 

vessels and HMS Charter/Headboat 

permitted vessels may tag and release 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs. On 

December 1, 2023, the fishery will 

reopen automatically. 

DATES: Effective 11:30 p.m., local time, 

October 9, 2023, through November 30, 

2023. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Crawford, lisa.crawford@noaa.gov, 301– 

427–8503; or Larry Redd, Jr., 

larry.redd@noaa.gov, 301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area). 

The current baseline quota for the 

General category is 710.7 mt. The 

General category baseline quota is 

suballocated to different time periods. 

Relevant to this action, the baseline 

subquota for the October through 

November time period is 92.4 mt. 

Effective September 28, 2023, NMFS 

transferred 25 mt from the Reserve 

category to the General category, 

resulting in an adjusted October through 

November time period subquota of 

117.4 and 87.2 mt for the Reserve 


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