Federal Register / Vol. 79, No. 48 / Wednesday, March 12, 2014 / Rules and Regulations 13875 

Ecclesiastical Ethnological Material 

(Dating From Approximately A.D. 1502 

to 1821) 

VI. Sculpture—Sculptural images of 

scenes or figures, carved in wood and 

usually painted, relating to 

ecclesiastical themes, such as the Virgin 

Mary, saints, angels, Christ, and others. 

A. Relief Sculptures—circular-shaped, 

low-relief plaques, often polychrome 

wood, relating to ecclesiastical themes. 

B. Sculpted Figures—wood carvings 

of figures relating to ecclesiastical 

themes, often with moveable limbs, 

usually with polychrome painting of 

skin and features; clothing might be 

sculpted and painted, or actual fabric 

clothing might be added. 

C. Life-Sized Sculptures—full figure 

wood carvings of figures relating to 

ecclesiastical themes, often with 

polychrome painting using the estofado 

technique, and occasionally 

embellished with metal objects such as 

halos, aureoles, and staves. 

VII. Painting—paintings illustrating 

figures, narratives, and events relating to 

ecclesiastical themes, usually done in 

oil on wood, metal, walls, or canvas 

(linen, jute, or cotton). 

A. Easel Paintings—pictorial works 

relating to ecclesiastical themes on 

wood, metal, or cloth (framed or applied 

directly to structural walls). 

B. Mural Paintings—pictorial works, 

executed directly on structural walls, 

relating to ecclesiastical themes. 

VIII. Metal—ritual objects for 

ceremonial ecclesiastical use made of 

gold, silver, or other metal, including 

monstrances, lecterns, chalices, censers, 

candlesticks, crucifixes, crosses, and 

tabernacles; and objects used to dress 

sculptures, such as crowns, halos, and 

aureoles, among others. 

Inapplicability of Notice and Delayed 

Effective Date 

This amendment involves a foreign 

affairs function of the United States and 

is, therefore, being made without notice 

or public procedure or a delayed 

effective date (5 U.S.C. 553(a)(1)). 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

Executive Order 12866 

Because this rule involves a foreign 

affairs function of the United States, it 

is not subject to Executive Order 12866. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise. 

Amendment to CBP Regulations 

For the reasons set forth above, part 

12 of Title 19 of the Code of Federal 

Regulations (19 CFR part 12) is 

amended as set forth below. 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general and specific authority 

citation for part 12 and the specific 

authority citation for § 12.104g continue 

to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

§ 12.104g [Amended] 

■ 2. In § 12.104g, in paragraph (a), the 

table of the list of agreements imposing 

import restrictions on described articles 

of cultural property of State parties is 

amended in the entry for Honduras: 

■ a. In the column headed ‘‘Cultural 

Property,’’ by adding to the end of the 

entry ‘‘, and ecclesiastical ethnological 

materials dating from the Colonial 

Period, c. A.D. 1502 to 1821.’’, and 

■ b. In the column headed ‘‘Decision 

No.,’’ by removing ‘‘09–05’’ and adding 

‘‘14–03’’.in its place. 

Dated: March 6, 2014. 

Kevin K. McAleenan, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2014–05370 Filed 3–11–14; 8:45 am] 

BILLING CODE 9111–14–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0687; FRL–9907–14– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; State of 

California; 2012 Los Angeles County 

State Implementation Plan for 2008 

Lead Standard 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

implementation plan revision submitted 

by the State of California to provide for 

attainment of the 2008 lead national 

ambient air quality standard in the Los 

Angeles County nonattainment area. 

The submitted SIP revision is the Final 

2012 Lead State Implementation Plan— 

Los Angeles County. Specifically, EPA is 

approving the emissions inventory, 

attainment demonstration, the 

reasonably available control measures/

reasonably available control technology 

demonstration, reasonable further 

progress demonstration, and 

contingency measures as meeting the 

requirements of the Clean Air Act and 

EPA’s implementing regulations for the 

lead NAAQS. 

DATES: Effective Date: This rule is 

effective on April 11, 2014. 

ADDRESSES: You may inspect the 

supporting information for this action, 

identified by docket number EPA–R09– 

OAR–2013–0687, by one of the 

following methods: 

1. Federal eRulemaking portal, 

http://www.regulations.gov, please 

follow the online instructions; or, 

2. Visit our regional office at, U.S. 

Environmental Protection Agency 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

Docket: The index to the docket for 

this action is available electronically on 

the www.regulations.gov Web site and 

in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105. While all documents 

in the docket are listed in the index, 

some information may be publicly 

available only at the hard copy location 

(e.g., voluminous records, large maps, 

copyrighted material), and some may 

not be publicly available at either 

location (e.g., Confidential Business 

Information). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT: Wienke 

Tax, Air Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, (415) 947–4192, tax.wienke@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Public Comments and EPA’s Response 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 


tkelley on DSK3SPTVN1PROD with RULES
13876 Federal Register / Vol. 79, No. 48 / Wednesday, March 12, 2014 / Rules and Regulations 

1See 43 FR 46246, October 5, 1978. 

2For an exact description of the Los Angeles 

County lead nonattainment area, see 40 CFR 81.305. 

3EPA will consider on a case-by-case basis the 

approvability of attainment demonstration SIPs 

where control measures are scheduled to be 

operational after November 1. An attainment SIP 

may be approvable even if the state does not 

anticipate having three full years of clean data by 

the attainment date. See EDF v. EPA, 369 F.3d 193 

(2d Cir. 2004); Sierra Club v. EPA, 356 F3d 296 

(D.C. Cir. 2004) amended 2004 WL 877850 (D.C. 

Cir. 2004). 

I. Background 

A. The Lead NAAQS 

Under the Clean Air Act (CAA), EPA 

must establish national ambient air 

quality standards (NAAQS) for six 

criteria pollutants, including lead. Lead 

is generally emitted in the form of 

particles, which end up being deposited 

in water, soil, and dust. People may be 

exposed to lead by inhaling it, or by 

ingesting lead-contaminated food, 

water, soil, or dust. Once in the body, 

lead is quickly absorbed into the 

bloodstream and can result in a broad 

range of adverse health effects. These 

include damage to the central nervous 

system, cardiovascular function, 

kidneys, immune system, and red blood 

cells. Children are particularly 

vulnerable to lead exposure, in part 

because they are more likely to ingest 

lead and in part because their stilldeveloping bodies are more sensitive to 

the effects of lead. The harmful effects 

to children’s developing nervous 

systems (including their brains) arising 

from lead exposure may include IQ loss, 

poor academic achievement, long-term 

learning disabilities, and an increased 

risk of delinquent behavior. 

EPA first established a lead standard 

in 1978 at 1.5 micrograms per meter 

cubed (mg/m3) as a quarterly average.1

Based on new health and scientific data, 

EPA revised the federal lead standard to 

0.15 mg/m3 and revised the averaging 

time for the standard on October 15, 

2008 (see 73 FR 66964, November 12, 

2008). A violation of the standard 

occurs when ambient lead 

concentrations exceed 0.15 mg/m3

averaged over a 3-month rolling period. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 

107(d) of the CAA. The CAA generally 

requires EPA to complete the initial area 

designations process within two years of 

promulgating a new or revised NAAQS. 

Sixteen areas were designated 

nonattainment for the 2008 lead 

NAAQS, effective December 31, 2010 

(see 75 FR 71033). Based on ambient air 

quality data for the years 2007–2009, a 

portion of Los Angeles County 

(excluding the high desert areas, San 

Clemente and Santa Catalina Islands) 

was identified as an area that did not 

meet the 2008 lead NAAQS.2

Areas are required to attain the 

revised lead standard as expeditiously 

as practicable, but no later than five 

years from the date the nonattainment 

designation became effective. For the 

Los Angeles County lead nonattainment 

area, this date is December 31, 2015. 

Attainment demonstration state 

implementation plans (SIPs) are due 18 

months after the effective date of an 

area’s designation. For the Los Angeles 

County lead nonattainment area, the SIP 

was due June 30, 2012. These SIPs 

should include emissions inventories, a 

reasonable further progress (RFP) 

demonstration, a reasonably available 

control measures/reasonably available 

control technology (RACM/RACT) 

demonstration, an attainment 

demonstration, and contingency 

measures. Control measures for the 2008 

lead NAAQS need to be in place as 

expeditiously as practicable. In order for 

control measures to result in three years 

of monitored clean data by the 

attainment date, lead areas required to 

demonstrate attainment by December 

31, 2015 should have had all necessary 

controls in place no later than 

November 1, 2012.3 South Coast Rule 

1420.1, ‘‘Emissions Standard for Lead 

from Large Lead-Acid Battery Recycling 

Facilities,’’ was adopted by the South 

Coast Air Quality Management District 

(SCAQMD or ‘‘District’’) on November 

5, 2010. 

The Lead Nonattainment Problem in Los 

Angeles County 

Stationary sources of lead are 

generally large industrial sources, 

including metals processing, 

particularly primary and secondary lead 

smelters. Lead can also be emitted by 

iron and steel foundries; primary and 

secondary copper smelters; industrial, 

commercial and institutional boilers; 

waste incinerators; glass manufacturing; 

refineries; and cement manufacturing. 

The District determined that the 

primary causes of the nonattainment 

status of Los Angeles County are two 

large lead-acid battery recycling 

facilities, Exide Technologies located in 

the city of Vernon, and Quemetco, Inc. 

located in the City of Industry. These 

facilities receive used lead-acid batteries 

and other lead-bearing materials and 

recycle them, recovering the lead. Lead 

is recycled because of its value and to 

reduce toxic waste, and it is primarily 

used to manufacture new batteries. 

Because regional ambient air lead 

concentrations indicate low ambient 

lead levels relative to the new lead 

NAAQS, and the only ambient levels 

exceeding the NAAQS were at sites near 

the lead-acid battery recyclers, 

SCAQMD’s lead attainment strategy is 

focused on reducing directly-emitted 

lead from these two sources. 

B. California’s SIP Submittal and EPA 

Proposed Action 

On December 11, 2013 (78 FR 75293), 

based on EPA’s review of the Final 2012 

Lead State Implementation Plan—Los 

Angeles County (May 2012) (‘‘2012 Los 

Angeles County Lead SIP’’) submitted 

by California, air quality monitoring 

data, and other relevant materials, EPA 

proposed to approve the State of 

California’s attainment plan for the 2008 

lead NAAQS, pursuant to CAA section 

110(k)(3). The background for today’s 

action is discussed in detail in EPA’s 

December 11, 2013 proposed 

rulemaking and technical support 

document (TSD). 

Our proposed approval of the 

attainment plan was based on EPA’s 

finding that the area meets all lead 

NAAQS attainment plan requirements 

under CAA sections 172, 191, and 192. 

EPA’s proposal to approve the State’s 

attainment plan included SIP-approved 

control measures for secondary lead 

smelters. Implementation of these 

control measures has resulted in 

decreased emissions and the continued 

implementation of these control 

measures is expected to provide for 

attainment of the lead NAAQS by the 

applicable attainment date. EPA 

proposed to approve the attainment year 

emissions inventory submitted with the 

plan, as well as the RACM/RACT 

demonstration, the RFP demonstration, 

the attainment demonstration including 

modeling, and the contingency 

measures. 

II. Public Comments and EPA’s 

Response 

We received one public comment on 

our proposed rule. We summarize the 

comment below and provide our 

response. 

Comment: The commenter expressed 

concern over the closing of Doe Run in 

Missouri. (Doe Run was the last primary 

lead smelter in the United States, 

located in Herculaneum, Missouri, and 

ceased smelting operations at the end of 

December). 

Response: Our proposed rule 

concerned lead nonattainment in the 

Los Angeles area. The facility referred to 

by the commenter is not the subject of 

our proposed action, and the comment 

has no relevance to our proposed action. 


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Federal Register / Vol. 79, No. 48 / Wednesday, March 12, 2014 / Rules and Regulations 13877 

III. EPA’s Final Action 

For the reasons discussed in our 

December 11, 2013 proposal see 78 FR 

75293), EPA is approving California’s 

attainment SIP for the Los Angeles 

County lead nonattainment area for the 

2008 lead NAAQS. This SIP submittal 

addresses CAA requirements and EPA 

regulations for expeditious attainment 

of the 2008 lead NAAQS for the Los 

Angeles County lead nonattainment 

area. 

For the reasons discussed in our 

proposed rulemaking, EPA is proposing 

to approve under CAA section 110(k)(3) 

the following elements of the South 

Coast lead attainment SIP: 

1. The SIP’s base year emissions 

inventory as meeting the requirements 

of CAA section 172(c)(3) and 40 CFR 

51.117(e)(1); 

2. the attainment demonstration, 

including air quality modeling, that 

demonstrates attainment as 

expeditiously as practicable, as meeting 

the requirements of CAA section 

172(c)(1); 

3. the RACM/RACT demonstration, as 

meeting the requirements of CAA 

section 172(c)(1); 

4. the RFP demonstration, as meeting 

the requirements of CAA section 

172(c)(2); 

5. and contingency measures, as 

meeting the requirements of the CAA 

section 172(c)(9). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

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 Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

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

Dated: February 11, 2014. 

Jared Blumenfeld, 

Regional Administrator, EPA Region IX. 

Part 52, Chapter I, title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(433) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(433) The following plan was 

submitted on June 20, 2012, by the 

Governor’s Designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) South Coast Air Quality 

Management District. 

(1) Final 2012 Lead State 

Implementation Plan—Los Angeles 

County (May 2012) (‘‘2012 Los Angeles 

County Lead SIP’’), adopted May 4, 

2012. 

(2) SCAQMD Board Resolution 12–11, 

dated May 4, 2012, adopting the 2012 

Los Angeles County Lead SIP. 

(B) State of California Air Resources 

Board. 

(1) CARB Resolution 12–20, dated 

May 24, 2012, adopting the 2012 Los 

Angeles County Lead SIP. 

[FR Doc. 2014–05227 Filed 3–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0161; FRL–9906–99] 

Fenamidone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fenamidone in 

or on ginseng; bean, succulent, except 

cowpea; onion, blub, subgroup 3–07A; 

and onion, green, subgroup 3–07B. This 

regulation additionally removes several 

individual tolerances that are 

superseded by inclusion in crop 

subgroup tolerances. Interregional 


tkelley on DSK3SPTVN1PROD with RULES