33132 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 

applicable because this rulemaking does 

not contain provisions that involve the 

use of technical standards. 

P. Paperwork Reduction Act: This 

rulemaking involves information 

collection requirements which are 

subject to review by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). The collection 

of information involved in this rule has 

been reviewed and previously approved 

by OMB under control number 0651– 

0054. 

Notwithstanding any other provision 

of law, no person is required to respond 

to nor shall a person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act unless that collection of 

information displays a currently valid 

OMB control number. 

List of Subjects for 37 CFR Part 2 

Administrative practice and 

procedure, Trademarks. 

For the reasons stated in the preamble 

and under the authority contained in 15 

U.S.C. 1123 and 35 U.S.C. 2, as 

amended, the Office amends part 2 of 

title 37 as follows: 

PART 2—RULES OF PRACTICE IN 

TRADEMARK CASES 

■ 1. The authority citation for part 2 is 

revised to read as follows: 

Authority: 15 U.S.C. 1123 and 35 U.S.C. 

2 unless otherwise noted. Sec. 2.99 also 

issued under secs. 16, 17, 60 Stat. 434; 15 

U.S.C. 1066, 1067. 

■ 2. Revise the undesignated center 

heading ‘‘INTERFERENCES AND 

CONCURRENT USE PROCEEDINGS’’ 

above § 2.91 to read ‘‘CONCURRENT 

USE PROCEEDINGS’’ and remove the 

authority citation immediately 

following that heading. 

§ 2.91 [Reserved and Reserved] 

■ 3. Remove and reserve § 2.91. 

§ 2.92 [Reserved and Reserved] 

■ 4. Remove and reserve § 2.92. 

§ 2.93 [Reserved and Reserved] 

■ 5. Remove and reserve § 2.93. 

§ 2.96 [Reserved and Reserved] 

■ 6. Remove and reserve § 2.96. 

§ 2.98 [Reserved and Reserved] 

■ 7. Remove and reserve § 2.98. 

Dated: July 10, 2018. 

Andrei Iancu, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2018–15163 Filed 7–16–18; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0740; FRL–9980– 

81—Region 4] 

Air Plan Approval; Tennessee; 

Revisions to Stage I and II Vapor 

Recovery Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee 

through the Tennessee Department of 

Environment and Conservation (TDEC) 

on November 11, 2017, for the purpose 

of establishing minor changes to the 

gasoline dispensing regulations, 

including adding clarifying language 

and effective and compliance dates and 

specifying the counties subject to the 

reporting requirement rule. EPA has 

determined that Tennessee’s November 

11, 2017, SIP revision is approvable 

because it is consistent with the Clean 

Air Act (CAA or Act) and with EPA’s 

regulations and guidance. 

DATES: This rule is effective August 16, 

2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0740. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., 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 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, 

Region 4, U.S. Environmental Protection 

Agency, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. The telephone 

number is (404) 562–9222. Ms. Sheckler 

can also be reached via electronic mail 

at sheckler.kelly@

epa.govsheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 11, 2017, TDEC 

submitted a SIP revision to EPA seeking 

to add clarity for the benefit of the 

regulated community with gasoline 

dispensing facilities. Tennessee is 

making a minor change to its rules 

regarding gasoline dispensing facilities 

(GDF) at subparagraph (1)(d) of rule 

1200–03–18–.24—‘‘For any GDF 

otherwise exempt from subparagraph (c) 

of this paragraph based on monthly 

throughput, if the GDF ever exceeds the 

applicability threshold specified in 

subparagraph (c) of this paragraph, it 

shall be subject to the requirements of 

subparagraph (c) of this paragraph and 

shall remain subject to those 

requirements even if its throughput later 

falls below the threshold. The owner or 

operator shall inform the Technical 

Secretary within 30 days following the 

exceedance.’’ The revision clarifies the 

meaning and application of 

subparagraph (1)(d) of rule 1200–03–18– 

.24 by adding the words ‘‘ever’’ and 

‘‘and shall remain subject to those 

requirements’’ italicized above. 

In addition, this revision replaces the 

phrase ‘‘the effective date of this rule’’ 

with the actual effective date of the rule 

(July 14, 2016) and replaces ‘‘three years 

after effective date’’ with the actual date 

of the rule for compliance (August 14, 

2019). Finally, this revision adds the list 

of counties (Davidson, Rutherford, 

Shelby, Sumner, Knox, Anderson, 

Williamson and Wilson) that need to 

report to their permitting authority (if 

they emit more than 25 tons in a 

calendar year) and the cross reference to 

the existing reporting requirement in 

rule 1200–03–18–.02 to simplify the 

issuances of notices of authorization 

under pending permit-by-rule 

provisions. 


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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33133 

1 62 FR 27968 (May 22, 1997). 

Pursuant to CAA section 110(l), the 

Administrator shall not approve a 

revision of a plan if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in CAA section 171), or any other 

applicable requirement of the Act. The 

State’s addition of clarifying language, 

specific dates for the gas dispensing 

rule’s effective and compliance dates, as 

well as specifying the counties subject 

to the reporting requirement under the 

cross-referenced rule are approvable 

under section 110(l) because they 

merely clarify the application of the rule 

and are consistent with the CAA and 

federal regulations. 

In this action, EPA is approving 

TDEC’s request to revise the Stage II 

requirements in the State of Tennessee. 

EPA published a proposed rulemaking 

on April 12, 2018 (83 FR 16279), to 

approve this revision. The details of 

Tennessee’s submittal and the rationale 

for EPA’s action are explained in the 

proposed rulemaking. The comment 

period for this proposed rulemaking 

closed on May 16, 2018. While EPA 

received six unrelated comments, EPA 

did not receive any adverse comments 

for the proposed approval during the 

public comment period. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of TDEC Regulation section 

1200–03–18–.24 entitled ‘‘Gasoline 

Dispensing Facilities-Stage I and II 

Vapor Recovery,’’ effective August 31, 

2017. EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 4 Office (please 

contact the person identified in the ‘‘For 

Further Information Contact’’ section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

III. Final Action 

EPA is taking final action to approve 

the November 11, 2017, revision to the 

Tennessee SIP, concerning Regulation 

1200–03–18–24, Stage I and II Vapor 

Recovery Requirements, submitted by 

the TDEC. This action makes minor 

changes to clarify the Regulation’s 

meaning and applicability. EPA has 

determined that Tennessee’s November 

11, 2017, SIP revision related to the 

Stage I and II Vapor Recovery 

Requirements is consistent with the 

CAA and EPA’s regulations and 

guidance related to removal of Stage II 

requirements from the SIP and that 

these changes will not interfere with 

any applicable requirement concerning 

attainment or any other applicable 

requirement of the CAA, and therefore 

satisfy section 110(l). 

IV. 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. 

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 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 September 17, 2018. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 


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33134 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 2, 2018. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

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 RR—Tennessee 

■ 2. Section 52.2220, is amended under 

CHAPTER 1200–3–18 VOLATILE 

ORGANIC COMPOUNDS by revising 

the entry for ‘‘Section 1200–3–18–.24, 

Gasoline Dispensing Facilities’’ to read 

as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

CHAPTER 1200–3–18 VOLATILE ORGANIC COMPOUNDS 

*******

Section 1200–3–18–.24 ............... Gasoline Dispensing Facilities .... 8/31/2017 7/17/2018, [Insert citation 

of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2018–15148 Filed 7–16–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0007; FRL–9980– 

71—Region 5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Naval Industrial 

Reserve Ordnance Plant Superfund 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 5 is publishing a 

direct final Notice of Deletion of 

Operable Unit 3 (OU3) of the Naval 

Industrial Reserve Ordnance Plant 

(NIROP) Superfund Site (Site), located 

in Fridley, Minnesota, from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final partial deletion is being published 

by EPA with the concurrence of the 

State of Minnesota, through the 

Minnesota Pollution Control Agency 

(MPCA), because EPA has determined 

that all appropriate response actions 

under CERCLA at OU3, other than 

operation, maintenance, and five-year 

reviews, have been completed. 

However, this partial deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final partial deletion 

is effective September 17, 2018 unless 

EPA receives adverse comments by 

August 16, 2018. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final partial 

deletion in the Federal Register 

informing the public that the partial 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1989–0007, by one of the 

following methods: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Email: cano.randolph@epa.gov. 

Mail: Randolph Cano, NPL Deletion 

Coordinator, U.S. Environmental 

Protection Agency Region 5 (SR–6J), 77 

West Jackson Boulevard, Chicago, IL 

60604, (312) 886–6036. 

Hand deliver: Superfund Records 

Center, U.S. Environmental Protection 

Agency Region 5, 77 West Jackson 

Boulevard, 7th Floor South, Chicago, IL 

60604, (312)886–0900. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

normal business hours are Monday 

through Friday, 8 a.m. to 4 p.m., 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1989– 

0007. The http://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 


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