5346 Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Proposed Rules 

the U.S. Copyright Office at (202) 707– 

8380 for special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Megan Rivet, Budget Analyst, or Melissa 

Dadant, Senior Advisor for Operations 

and Special Projects, at (202) 707–8350. 

SUPPLEMENTARY INFORMATION: On 

December 6, 2012, the U.S. Copyright 

Office published a notice of proposed 

rulemaking (‘‘NPRM’’) announcing a 

revised schedule of fees for filing semiannual statements of account pursuant 

to 17 U.S.C. 111, 119, and 122 based 

upon a new cost study. 77 FR 72,788 

(December 6, 2012). Comments to the 

proposed fees were due on January 7, 

2013 and the Office received three 

comments at that time, including a 

comment from the National Cable & 

Telecommunications Association 

(‘‘NCTA’’). 

In its comment, NCTA noted that it 

had submitted on December 13, 2012 a 

request pursuant to the Freedom of 

Information Act (‘‘FOIA’’) for the cost 

studies referenced in the Office’s 

December 6 notice announcing new 

proposed fees. Subsequently, NCTA 

filed a motion on January 14, 2013 

requesting an extension of the January 

22, 2013 date for filing reply comments 

in anticipation of a response from the 

Office to its FOIA request. The Office is 

extending the time to file reply 

comments to 5:00 p.m. EST February 15, 

2013 in order to provide additional time 

for stakeholders to prepare reply 

comments after the Office resolves the 

pending FOIA request. 

Dated: January 16, 2013. 

Tanya M. Sandros, 

Deputy General Counsel. 

[FR Doc. 2013–01291 Filed 1–24–13; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0433; EPA–R01– 

OAR–2012–0149; A–1–FRL–9754–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts and New Hampshire; 

Enhanced Motor Vehicle Inspection 

and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the 

Commonwealth of Massachusetts and 

the State of New Hampshire. These 

revisions include regulations to update 

the enhanced motor vehicle inspection 

and maintenance (I/M) programs in 

Massachusetts and New Hampshire. The 

revised programs in Massachusetts and 

New Hampshire include a test and 

repair network for an on-board 

diagnostic (OBD2) testing program for 

model year 1996 and newer vehicles. 

The intended effect of this action is to 

propose approval of the revised 

programs into the Massachusetts and 

New Hampshire SIPs. This action is 

being taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before February 25, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2009–0433 for comments 

pertaining to our proposed approval 

action for Massachusetts or EPA–R01– 

OAR–2012–0149 for comments 

pertaining to our proposed approval 

action for New Hampshire by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2009–0433 or 

EPA–R01–OAR–2012–0149,’’ Anne 

Arnold, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, 5 Post Office Square—Suite 100, 

(Mail code OEP05–2), Boston, MA 

02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100 (Mail 

code: OEP05–2), Boston, MA 02109– 

3912., telephone number (617) 918– 

1660, fax number (617) 918–0660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

Rules Section of this Federal Register. 

Dated: November 15, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2013–00930 Filed 1–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2012–0763; FRL–9772–5] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri; Control of Sulfur Emissions 

From Stationary Boilers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve 

revisions to the Missouri State 

Implementation Plan (SIP) submitted 

October 27, 2009. This revision adds a 

new rule to reduce the concentration of 

fine particles (PM2.5) in the St. Louis 

nonattainment area by limiting sulfur 

dioxide (SO2) emissions (a precursor 

pollutant to PM2.5), from industrial 

boilers. EPA is approving this revision 

because it strengthens the Missouri SIP. 

EPA’s approval of this SIP revision is 

being done in accordance with the 

requirements of the Clean Air Act 

(CAA). 


sroberts on DSK5SPTVN1PROD with 
Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Proposed Rules 5347 

DATES: Comments on this proposed 

action must be received in writing by 

February 25, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2012–0763, by mail to Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7147, or by email at 

bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

Dated: January 9, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2013–01462 Filed 1–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 85, 86, 600 

[EPA–HQ–OAR–2009–0472; FRL–9772–7] 

Denial of Reconsideration Petition on 

Model Year 2012–2016 Light Duty 

Vehicle Greenhouse Gas Emissions 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Denial of petition for 

reconsideration. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is providing 

notice that it is denying the petition of 

the Pacific Legal Foundation (PLF) to 

reconsider the final rules establishing 

greenhouse gas emissions standards 

from light duty motor vehicles for 

model years 2012–2016. 

DATES: This action is effective on 

January 25, 2013. 

ADDRESSES: EPA’s docket for this action 

is Docket ID No. EPA–HQ–OAR–2009– 

0472. 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 (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 through 

http://www.regulations.gov or in hard 

copy at EPA’s Docket Center, Public 

Reading Room, EPA West Building, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC 20004. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Steven Silverman, Office of General 

Counsel, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number: (202) 564–5523; email address: 

silverman.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this Decision. 

APA Administrative Procedures Act 

API American Petroleum Institute 

CAA Clean Air Act 

CO2 Carbon dioxide 

CH4 Methane 

EPA Environmental Protection Agency 

FOIA Freedom of Information Act 

FR Federal Register 

GHG Greenhouse gas 

HFC Hydrofluorocarbon 

LDVR Light Duty Vehicle Rule 

MY Model year 

N2O Nitrous oxide 

NHTSA National Highway Traffic Safety 

Administration 

PLF Pacific Legal Foundation 

SAB Science Advisory Board 

I. Introduction 

On May 7, 2010, the EPA published 

final rules establishing standards 

limiting emissions of carbon dioxide 

(CO2), methane (CH4), nitrous oxide 

(N2O) and hydrofluorocarbons (HFCs) 

from new light duty motor vehicles, 

including passenger cars, medium duty 

passenger vehicles, and light trucks for 

model years 2012–2016. 75 FR 25324. In 

this joint rulemaking, the National 

Highway Traffic Safety Administration 

(NHTSA), on behalf of the Department 

of Transportation, issued rules to reduce 

fuel consumption from these vehicles. 

Together these rules comprise a 

coordinated and comprehensive 

National Program designed to address 

the urgent and closely intertwined 

challenges of reducing dependence on 

oil, achieving energy security, and 

ameliorating global climate change. PLF 

petitioned EPA to reconsider its 

greenhouse gas standards. Because the 

petition does not state grounds which 

satisfy the requirements of section 

307(d)(7)(B) of the Clean Air Act, EPA 

is denying the petition. 

II. Standard for Reconsideration 

Section 307(d)(7)(B) of the Clean Air 

Act (CAA) states that: ‘‘Only an 

objection to a rule or procedure which 

was raised with reasonable specificity 

during the period for public comment 

(including any public hearing) may be 

raised during judicial review. If the 

person raising an objection can 

demonstrate to the Administrator that it 

was impracticable to raise such 

objection within such time or if the 

grounds for such objection arose after 

the period for public comment (but 

within the time specified for judicial 

review) and if such objection is of 

central relevance to the outcome of the 

rule, the Administrator shall convene a 

proceeding for reconsideration of the 

rule and provide the same procedural 

rights as would have been afforded had 

the information been available at the 

time the rule was proposed. If the 

Administrator refuses to convene such a 

proceeding, such person may seek 

review of such refusal in the United 

States court of appeals for the 


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