Federal Register / Vol. 65, No. 230 / Wednesday, November 29, 2000 / Rules and Regulations 71067

NEW HAMPSHIRE—CARBON MONOXIDE

Designated area:

Designation Classification

Date Type Date Type

Manchester Area:

Hillsborough County (part), City of

Manchester.

1–29–01 Attainment.

Nashua Area:

Hillsborough County (part), City of

Nashua.

1–29–01 Attainment.

AQCR 107 Androscoggin Valley Interstate.Unclassifiable/Attainment.

Coos County

AQCR 121 Merrimack Valley–S NH Interstate.Unclassifiable/Attainment.

Belknap County

Cheshire County

Hillsborough County (part), Area outside of Nashua and Manchester

Merrimack County

Rockingham County

Stratford County

Sullivan County

AQCR 149 Central New Hampshire Intrastate.Unclassifiable/Attainment.

Carroll County

Grafton County

[FR Doc. 00–30275 Filed 11–28–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–6908–8]

RIN 2060–AI60

Petition by American Samoa for

Exemption from Anti-Dumping

Requirements for Conventional

Gasoline

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (‘‘EPA’’ or ‘‘the Agency’’) is

granting a petition by the Territory of

American Samoa for exemption from

the anti-dumping requirements for

gasoline sold in the United States after

January 1, 1995. This action is being

taken because compliance with the antidumping requirements is not feasible or

is unreasonable due to American

Samoa’s unique geographic location and

economic factors. If the gasoline antidumping exemption were not granted,

American Samoa would be required to

import gasoline from a supplier meeting

the anti-dumping requirements adding a

considerable expense to gasoline

purchased by the American Samoan

consumer. American Samoa is in full

attainment with the National Ambient

Air Quality Standard (‘‘NAAQS’’) for

ozone. This action is not expected to

cause harmful effects to the citizens of

American Samoa.

EPA is concurrently proposing in the

Proposed Rules section of today’s

Federal Register approval of American

Samoa’s petition for reasons discussed

in this document. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time. All correspondence should

be directed to the addresses shown

below.

DATES: This action will be effective on

January 29, 2001, unless the Agency

receives adverse or critical comments or

a request for a public hearing by

December 29, 2000. If the Agency

receives adverse or critical comments,

EPA will publish in the Federal

Register timely notice withdrawing this

action and the comments will be

addressed in a subsequent final rule. If

a request for a public hearing is

received, this will be addressed in a

subsequent Federal Register document.

ADDRESSES: Any persons wishing to

submit comments should submit them

(in duplicate, if possible) to the two

dockets listed below, with a copy

forwarded to Marilyn Winstead McCall,

U.S. Environmental Protection Agency,

Transportation and Regional Programs

Division, 1200 Pennsylvania Avenue,

NW., (Mail Code: 6406J), Washington,

DC 20460.

Public Docket: Materials relevant to

this petition are available for inspection

in public docket A–99–17 at the Air

Docket Office of the EPA, Room M–

1500, 401 M Street, SW., Washington,

D.C. 20460, (202) 260–7548, between

the hours of 8 a.m. to 5:30 p.m., Monday

through Friday. A duplicate public

docket A–91–40 has been established at

U.S. EPA Region IX, 75 Hawthorne

Street, (Mail Code: A–2–1), 17th Floor,

San Francisco, CA 94105, (415) 744–

1225, and is available between the hours

of 8:30 a.m. to noon, and from 1 p.m.

to 5 p.m., Monday through Friday. As

provided in 40 CFR part 2, a reasonable

fee may be charged for copying services.

FOR FURTHER INFORMATION CONTACT:

Marilyn Winstead McCall at (202) 564–

9029, facsimile: (202) 565–2085, e-mail

address:

McCall.mwinstead@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Entities potentially affected by this

rule are those involved with the

production, distribution, importation,

and sale of conventional gasoline used

in the Territory of American Samoa.

Regulated categories and entities

include:

71068 Federal Register / Vol. 65, No. 230 / Wednesday, November 29, 2000 / Rules and Regulations

1Letter from Governor Tauese P.F. Sunia,

American Samoa, to Felicia Marcus, Regional

Administrator, U.S. Environmental Protection

Agency, Region 9, dated March 9, 1999.

Category: ......................................... Examples of regulated entities:

Industry ........................................... Gasoline refiners and importers, gasoline terminals, gasoline truckers, blenders, retailers and wholesale

purchaser-consumers.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this rule. This table lists the

types of entities we are now aware

could potentially be affected by this

rule. Other types of entities not listed

could also be affected by this rule. To

determine whether you are affected by

this rule, you should carefully examine

the applicability requirements in

§§ 80.90 and 80.125, Subparts E and F

of title 40 of the Code of Federal

Regulations (‘‘CFR’’). If you have any

questions regarding the applicability of

this action to a particular entity, consult

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

I. Background

A. Why Is EPA Publishing This Rule

Without Prior Proposal?

EPA views this rule as a

noncontroversial amendment to the

gasoline anti-dumping regulations and

anticipates no adverse comment.

American Samoa is in attainment with

the air quality standards. However, in

the ‘‘Proposed Rules’’ section of today’s

Federal Register, we are publishing a

separate document that will serve as the

proposal to approve the direct final rule

if adverse comments are filed. If adverse

comments are filed, please see EFFECTIVE

DATE section above.

B. What Did American Samoa Request

in Its Petition?

On March 9, 1999, the Honorable

Tauese P.F. Sunia, Governor of the

Territory of American Samoa, petitioned

the Agency for an exemption from the

requirements of regulations in 40 CFR

Part 80 that require conventional

gasoline meet certain anti-dumping

specifications. Specifically, the petition

requested ‘‘* * * exemption from the

regulations of 40 CFR Part 80 Subparts

E and F for the Anti-Dumping of Fuel.’’ 1

C. What Are the Gasoline Anti-Dumping

Requirements and How Do They Apply

to American Samoa?

In 1993, EPA promulgated regulations

on the production and sale of

reformulated gasoline and gasoline that

is not required to be reformulated, or

‘‘conventional’’ gasoline. For

conventional gasoline, the gasoline

produced by a refiner or importer must

not be more polluting or cause more

motor vehicle emissions than gasoline

produced by that refiner or importer in

1990. In the production of reformulated

gasoline (a gasoline that has been

further processed and refined to reduce

components that contribute most to

pollution), a refiner cannot ‘‘dump’’ into

its conventional gasoline pool those

polluting components removed from the

refiner’s reformulated gasoline. This is

commonly called the ‘‘anti-dumping’’

gasoline program, and these

requirements apply to all gasoline

produced, imported, and consumed in

the United States and its territories.

D. What Are the Statutory Provisions

Governing This Petition?

Section 211(k) of the Clean Air Act

(‘‘CAA’’ or the ‘‘Act’’) requires that

gasoline be reformulated to reduce

motor vehicle emissions of toxic and

tropospheric ozone-forming

compounds, and that this reformulated

gasoline be sold in the largest

metropolitan areas with the most severe

summertime ozone levels and in other

ozone nonattainment areas that opt into

the program. Section 211(k)(8) prohibits

conventional gasoline sold in the rest of

the country from becoming any more

polluting than it was in 1990, thereby

ensuring that refiners do not dump fuel

components into conventional gasoline

causing environmentally harmful

emissions restricted in reformulated

gasoline. Regulations were promulgated

December 15, 1993, and are codified in

40 CFR Part 80.

Section 325 of the Clean Air Act

provides that, upon petition by the

Governor of Guam, American Samoa,

the Virgin Islands, or the

Commonwealth of the Northern Mariana

Islands, the Administrator may exempt

any person or source in such territory

from various requirements of the Act. It

states that ‘‘* * * such exemption may

be granted if the Administrator finds

that compliance with such requirements

is not feasible or is unreasonable due to

unique, geographical, meteorological, or

economic factors of such territory, or

such other local factors as the

Administrator deems significant.’’

II. Discussion of American Samoa’s

Petition

A. Are There Unique Geographic,

Demographic and Climatic Factors in

American Samoa That Affect Their

Petition?

American Samoa is a group of five

volcanic islands and two coral atolls,

located in Polynesia, approximately

2,300 miles southwest of Hawaii and

1,600 miles northeast of New Zealand.

American Samoa contains

approximately 76 square miles, about

two-thirds of which are mountainous

with steep slopes that make it virtually

inaccessible. The largest island is

Tutuila which is approximately 53

square miles. The small island of

Aunu’u lies near the east end of Tutuila.

The other inhabited islands are Tau,

Ofu, Olesaga and Swain’s Island. Rose

Atoll is uninhabited. The population

was estimated to be 52,400 in 1993—

over 96% of which live on the island of

Tutuila.

American Samoa has a tropical,

maritime climate, with abundant

rainfall, winds, and warm, humid days

and nights. The mean annual

temperature is about 80 degrees.

Rainfall is about 125 inches a year near

the airport, but varies greatly over small

distances because of the mountainous

topography. Pago Pago (the major city)

which is less than 4 miles north of the

airport and at the head of a hillencircled harbor is open to the

prevailing winds and receives nearly

200 inches of rainfall a year. The crest

of the mountain range receives over 250

inches each year. American Samoa’s

petition states that due to the prevailing

easterly trade winds throughout the

year, its tropical climate, remoteness,

and low population, the air quality in

the territory is generally pristine. It is in

attainment with the air quality

standards including the National

Ambient Air Quality (‘‘NAAQS’’)

standard for ozone.

B. Are There Economic Factors in

American Samoa That Are Unique and

That Affect Their Petition?

Because of its remoteness from the

mainland, American Samoa has

imported its fuel from refineries in

Hawaii and the Far East. American

Samoa’s March 9, 1999 petition stated

that at the time the petition was filed,

almost all of their motor vehicle

Federal Register / Vol. 65, No. 230 / Wednesday, November 29, 2000 / Rules and Regulations 71069

2U. S. Bureau of Census (Phone conversation

December 1999 with EPA employee).

3 ‘‘The Oil Daily,’’ Vol. 50, No. 167, August 30,

2000, page 7.

4Letter from Jack Kachmarik, Chief Petroleum

Officer, American Samoa Government to EPA,

dated November 12, 1999.

5Letter from Tauese P.F. Sunia, Governor of the

Territory of American Samoa, to Mr. Robert W.

Perciasepe, dated December 30, 1999.

6Letter from Steven A. Herman, Assistant

Administrator, EPA Office of Enforcement and

Compliance Assurance, to Governor Tauese P.F.

Sunia, dated January 14, 2000. 7See 40 CFR part 80, §§ 80.105 and 80.125.

gasoline has been supplied by the

Tesoro Corporation refinery in Hawaii.

This gasoline complied with the

gasoline anti-dumping regulations for

conventional gasoline. Motor vehicle

gasoline represents only about 11

percent of the fuel market in the

territory; diesel fuel represents 72

percent; and jet fuel represents about 17

percent. ExxonMobil (‘‘Mobil’’) supplies

the islands with about 65% of the diesel

fuel from its refineries in Australia and

Singapore.

C. Other Significant Local Factors

American Samoa’s petition states that

in 1990, American Samoa’s annual per

capita income was $3,039. The U.S.

median income is about $21,120.2

Moreover, due to relatively high

transportation costs, retail gasoline

prices are already significantly higher in

American Samoa than in the continental

U.S. In August 2000, the U.S. average

price of regular unleaded gasoline at the

retail level was $1.48 per gallon.3 In

American Samoa, the average price is 20

cents higher than that on the mainland.

Therefore, in August 2000, it was

around $1.68 per gallon.

There are 5,126 registered motor

vehicles in American Samoa. The motor

gasoline market is small compared to

the diesel market. The American

Samoan government owns its own fuel

terminal and fuel dock and selects a

terminal operator to manage the

facilities. A U.S. District Court (for

California) determined in 1973 that one

oil marketer had violated the Sherman

Act by attempting to monopolize the

distribution and sale of petroleum

products in American Samoa.

Subsequently, the Court issued a ‘‘Court

Plan,’’ the goal of which was to assure

an equal competitive position to all

suppliers of petroleum products in

American Samoa, including the

opportunity to use the tank farm for

storage on a shared basis. The American

Samoa government’s aim was to assure

that American Samoans receive the

benefits of competition by having a

choice of products at the lowest prices.

Tesoro has supplied American Samoa

with complying gasoline from 1995

through 1999. During this time, Tesoro

also operated the fuel terminal in its

capacity as terminal operator.

D. Enforcement Deferred (‘‘Interim’’)

Period

Since the petition was filed, EPA

learned in November 1999, that Tesoro

was withdrawing from the American

Samoan gasoline market effective

January 1, 2000.4 This company has

been supplying American Samoa with

about 80% of its gasoline, whereas

Mobil has been supplying about 20% ,

albeit at a higher price (due to the need

to make special runs of compliant

product from the company’s Melbourne,

Australia refinery). However, this

company does not always supply fuel

from the Australian refinery—

sometimes their cargoes originate from a

Singapore refinery which does not have

the capability of making complying

gasoline.

Negotiations with BP South West

Pacific Limited (‘‘BP’’) have concluded

in BP’s taking over the gasoline supply

commitments formerly held by Tesoro,

beginning January 1, 2000. They

estimate that ‘‘huge costs’’ will result if

they are required to comply with the

anti-dumping requirements, with as

much as 14 to 18 cents more per gallon

being charged the American Samoan

consumer. Since a gallon of gasoline on

the islands is already 20 cents more per

gallon than on the U.S. mainland, the

cost to the American Samoan citizen for

a gallon of complying gasoline could be

as much as 38 cents more per gallon.

Consequently, American Samoa

petitioned EPA on December 30, 1999,

for ‘‘* * * enforcement discretion by

declining to enforce the gasoline antidumping regulations pending the

effectiveness of the anticipated rule.’’ 5

Subsequently, EPA granted enforcement

discretion for a one year period—from

January 1, 2000 to January 1, 2001.6

The end result of the November 1999

notification of Tesoro’s withdrawing

from the American Samoan market is

that American Samoa is left with two

importers (Mobil and BP) that are

willing to supply American Samoa with

gasoline. The cost of the gasoline

supplied will be significantly lower if

they are not required to comply with the

gasoline anti-dumping regulations.

III. Clarification of the Gasoline AntiDumping Requirements (Subparts E

and F)

A. How Is Compliance With the

Gasoline Anti-Dumping Requirements

Measured?

Compliance is measured by

comparing emissions of a refiner’s or

importer’s conventional gasoline against

those of a baseline gasoline—either a

baseline based on the quality of the

refiner’s or importer’s 1990 gasoline or

on a statutory baseline specified by the

Clean Air Act. EPA’s regulations at 40

CFR part 80, subparts E and F require

a refiner or importer that establishes a

baseline to hire an independent auditor

to verify its baseline parameters. They

also require that each refiner or importer

maintain records and report to EPA

certain information pertaining to

production of conventional gasoline,

beginning in February 1996, and every

subsequent year.7

B. Which of the Gasoline Parameters

Are Required To Meet the Baseline

Under the Anti-Dumping Regulations?

Section 211(k)(8) requires that average

per gallon emissions of volatile organic

compounds (VOC), carbon monoxide

(CO), nitrogen oxides ( NOX) and toxics

due to conventional gasoline produced

by a refiner or importer not increase

over 1990 levels for each refiner or

importer. Since VOC and CO emission

increases are expected to be controlled

through other regulatory programs, the

anti-dumping provisions are limited to

regulating emissions of toxics and NOX

emissions.

Pursuant to section 211(k)(8) of the

Act, EPA adopted the regulations in

subpart E to address exhaust benzene,

total exhaust toxics and NOX emissions

from conventional gasoline use. Under a

simple emissions model, applicable

from January 1, 1995 to January 1, 1998,

a limit is set for sulfur, olefins and T90

as well as exhaust benzene. A more

complex emissions model was required

January 1, 1998, with limits set on

exhaust toxics and NOX. All the limits

are set as annual averages.

IV. Rationale for Exemption

A. Unique Geographic and Economic

Factors Relating to an Exemption in

American Samoa.

Due to the distance from the U.S.

mainland, American Samoa has been

supplied with most of its gasoline by

Tesoro Corporation’s Hawaii refinery.

There is another company operating a

refinery in Hawaii; however, since 1991,

only the Tesoro refinery has been

71070 Federal Register / Vol. 65, No. 230 / Wednesday, November 29, 2000 / Rules and Regulations

8See Letter from Jack Kachmarik, Chief

Petroleum Officer, American Samoa Government, to

EPA, dated November 12, 1999.

9See 40 CFR 80.101(f).

10See 40 CFR 80.27.

11See 61 FR 53854, October 16, 1996, and 62 FR

63855, December 3, 1997, respectively.

interested in servicing the American

Samoan gasoline market. Prior to 1991,

both Shell Oil and Mobil Oil supplied

gasoline to American Samoa. These

companies have since withdrawn as full

time suppliers from the American

Samoan market. Therefore, since 1995—

the year the gasoline anti-dumping

regulations went into effect—American

Samoa has been mainly supplied with

gasoline complying with the antidumping regulations from the Tesoro

Hawaiian refinery.

Tesoro was also selected to operate

the petroleum terminals on the islands

in a 1998 request for proposals issued

by the American Samoan government.

American Samoa’s petition states that a

virtual monopoly situation exists by this

one company by their controlling the

operation of the terminals as well as

almost all of the gasoline supply. The

petition states that this is one reason

why other companies have been

discouraged from entering the gasoline

market in American Samoa.

The Court Plan mentioned previously

was modified in 1994 retaining the

Court’s jurisdiction over the terminal

facilities and preserving the ability of

potential new suppliers to use the

facilities on a shared-cost basis. The

supporting material presented to the

court included a permit and agreement

between American Samoa and the

terminal operator which contained a

modified maximum allowable price

formula as a safeguard against excessive

monopoly pricing by the terminal

operator. American Samoa’s petition

states that because of this dual

responsibility by Tesoro and the fact

that only Tesoro was capable of

supplying complying gasoline on a full

time basis, a monopoly situation has

existed and, therefore, competition was

discouraged.

Two other companies—Mobil and

BP—entered the fuel market in 1998,

and mainly import diesel fuel to the

islands. They have not been able to

import gasoline that meets the antidumping regulations (except for a small

amount of ‘‘special order’’ gasoline

imported from Australia by Mobil that

is offered at a much higher price than

that offered by Tesoro). Mobil and BP

operate refineries in Australia and

Singapore. As previously stated, Mobil

operates a refinery in Melbourne,

Australia that makes some gasoline

which complies with the anti-dumping

regulations. However, because this

gasoline is ‘‘specially ordered,’’ it costs

the American Samoan consumer about

10 cents more per gallon above the

normal prices, and Mobil cannot assure

a continuous supply. Also, Mobil does

not always supply the American

Samoan fuel market out of their

Melbourne refinery. Some cargoes

(containing mostly diesel fuel) come

from their refineries in Singapore which

do not make the ‘‘special-order’’

gasoline.

B. Exemption Basis

Mobil and BP have indicated an

interest in supplying the American

Samoa market by agreeing to take over

the marketing commitments formerly

held by Tesoro after that company

withdrew in January 2000. 8 Both of

these companies supply gasoline to Fiji,

Western Samoa and other Pacific

Islands. Transportation costs dictate that

these Pacific Islands’ markets be

supplied by Far Eastern refineries.

While EPA’s regulations do not apply to

those Far Eastern refineries, they do

apply to any importer of gasoline into

the U.S. and its territories. The

American Samoa gasoline market is a

very small market—only approximately

5,000,000 gallons of motor gasoline are

imported per year.

After the expiration of the interim

period and if the exemption is not

granted, Mobil and BP would be

required to supply American Samoa

with gasoline that does not exceed the

statutory baseline emissions for exhaust

toxics and NOX—the two emissions

controlled by the anti-dumping

program. The statutory baseline is a

combination of summer and winter

components, including emissions

calculated under the appropriate

seasonal version of the Complex Model,

the tool used in determining compliance

with the reformulated gasoline and antidumping regulations. 9 Additionally, the

anti-dumping regulations require that

the emissions of gasoline sold in areas

not subject to EPA’s gasoline volatility

requirements 10 which include

American Samoa and other U.S.

territories, be evaluated using only the

winter version of the Complex Model.

As discussed in a recent rulemaking (see

64 FR 30904, June 9, 1999), it is

somewhat more difficult to produce or

import gasoline which meets the

statutory baseline requirements when

that gasoline must all be evaluated using

the winter version of the Complex

Model, because the winter version

predicts higher emissions than the

summer version, and, as stated, the

statutory baseline is a combination of

the summer and winter components. In

the referenced rulemaking, under

certain conditions, a refiner is allowed

to evaluate its gasoline using only the

summer model (given American

Samoa’s climate, it would be more

appropriate to use the summer model if

a single seasonal model is being

considered) and compare the results to

only the summer baseline. The quality

of a few batches shipped to American

Samoa (by BP) in 2000 (February 8,

2000 to June 23, 2000, which represents

about 30 percent of the total gasoline

volume imported to the islands

annually), showed that the gasoline,

when evaluated with either seasonal

model and compared to the

corresponding statutory seasonal

baseline, was close to complying.

However, both Mobil and BP have

indicated that the gasoline sent to

Samoa will be produced at a number of

foreign refineries and that such quality

cannot be guaranteed, especially

considering transportation costs and the

small volumes of gasoline used in

American Samoa. In this situation,

compliance with the statutory baseline

(either the annual average statutory

baseline or either seasonal statutory

baseline) can be even more onerous

because the quality (with regard to fuel

properties like benzene and sulfur

content) of gasoline produced at Far

Eastern refineries can be quite different

from that of gasoline produced by the

typical mainland U.S. refinery. For

example, Singapore refineries typically

produce gasoline having lower

concentrations of sulfur and olefins and

relatively higher concentrations of

benzene and aromatics. EPA

understands that gasoline being

imported from the Singapore refineries

would be similar in quality to that being

imported into Guam and the Northern

Mariana Islands where exemptions from

the gasoline anti-dumping regulations

apply. For a more detailed discussion of

these differences, please see notices of

direct final decision exempting gasoline

from the anti-dumping requirements in

Guam and the Northern Mariana

Islands. 11

Because of these differences in fuel

quality, and because of the requirement

that American Samoa gasoline be

evaluated using the winter version of

the Complex Model, EPA believes the

Far Eastern gasoline that would be

available to American Samoa cannot

consistently satisfy the anti-dumping

requirements when compared to

statutory baseline gasoline.

Additionally, EPA believes that

consistent compliance with either the

winter or summer statutory baseline

Federal Register / Vol. 65, No. 230 / Wednesday, November 29, 2000 / Rules and Regulations 71071

(after evaluating the gasoline using the

corresponding seasonal model) cannot

practically be guaranteed (i.e., without

unacceptable economical impacts to the

American Samoa consumer and without

environmental benefit), and thus is not

a reasonable alternative to exemption

from the anti-dumping requirements in

this situation. If this exemption were

not granted, importers of gasoline to

American Samoa would have to seek

out and transport gasoline with the

qualities which would allow it to

comply with the statutory baseline

annual average exhaust toxics and NOX

emissions. This would significantly

increase the price of gasoline in

American Samoa because transportation

costs for such a small quantity of

gasoline would be high. Gasoline in

American Samoa is already 20 cents per

gallon higher than on the mainland, and

BP and Mobil state that price increases

of 10 cents more per gallon could be

added to the already high price of

gasoline in American Samoa if the

petition is not granted. Since Tesoro,

whose refinery is located in Hawaii,

withdrew from the American Samoa

market, there have been no importers in

the Pacific Rim that have indicated to

EPA their willingness to supply

American Samoa with gasoline that

complies with the statutory baseline.

Therefore as no optional sources of

complying gasoline have been

forthcoming, American Samoa is reliant

upon BP and Mobil Far Eastern

refineries to fill their gasoline supply.

Both companies state that if the

exemption is granted the price of

gasoline could decrease by 5 to 10 cents

per gallon. This decrease would be

partly due to increased competition and

to these companies’ abilities to sell

solely on the basis of lower Singapore

prices, which alone, would drop the

price by 4 to 5 cents per gallon. EPA

does not expect that exempting gasoline

imported to American Samoa from the

anti-dumping requirements will

negatively affect air quality.

Final Action

EPA has decided to grant a petition by

the Territory of American Samoa and

exempt the Territory of American

Samoa from compliance with the antidumping standards for conventional

gasoline under section 211(k)(8). The

Agency believes that compliance with

the gasoline anti-dumping requirements

is unreasonable given the significantly

increased costs to consumers in

American Samoa in achieving

compliance. These increased costs are

directly attributable to American

Samoa’s location and resulting inability

of importers to comply with the antidumping requirements without

significantly greater costs than those

expected for importers in the U.S.

mainland. Gasoline price increases of

the magnitude expected to result from

compliance with the conventional

gasoline anti-dumping regulations at 40

CFR part 80, subparts E and F could be

especially burdensome for the many

citizens of American Samoa.

In addition, despite its geographic

remoteness from the mainland,

compliance with the anti-dumping

provisions might require that American

Samoa import conventional gasoline

from the U.S. mainland, greatly

increasing the cost of conventional

gasoline for the American Samoans.

EPA finds that these economic factors

are unique to the Territory of American

Samoa.

This exemption applies to all

importers and suppliers of gasoline in

American Samoa. EPA will review and

reopen this exemption in the future if

conditions change to warrant such an

action.

VI. Administrative Requirements

A. Executive Order 12866

Under Executive Order 12866, the

Agency must determine whether this

regulatory action is ‘‘significant’’ and

therefore subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

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;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlement, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866.

B. Paperwork Reduction Act

This action does not add any

information collection requirements or

increase burden under the provisions of

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and therefore is not subject

to these requirements.

C. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives that

achieve the objectives of the rule. The

provisions of section 205 do not apply

when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying affected small

governments, enabling officials of

affected small governments to have

meaningful and timely input in the

development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

Today’s rule imposes no enforceable

duty or mandate on any State, local or

tribal governments or the private sector.

Rather, today’s rule removes enforceable

duties and mandates on these entities.

D. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Protection of Children from

Environmental Health Risks and Safety

Risks applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

71072 Federal Register / Vol. 65, No. 230 / Wednesday, November 29, 2000 / Rules and Regulations

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it is not an

economically significant regulatory

action as defined by 12866, and it does

not address an environmental health or

safety risk that would have a

disproportionate effect on children.

E. Executive Order 13132 (Federalism)

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ as defined in

the Executive Order include regulations

that 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.’’ Under Executive

Order 13132, EPA may not issue a

regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

If EPA complies by consulting,

Executive Order 13132 requires EPA to

provide to OMB, in a separately

identified section of the preamble to the

rule, a federalism summary impact

statement (FSIS). The FSIS must include

a description of the extent of EPA’s

consultation with State and local

officials, a summary of the nature of

their concerns and EPA’s position

supporting the need to issue the

regulation, and a statement of the extent

to which the concerns of State and local

officials have been met. Also, when EPA

transmits a draft final rule with

federalism implications to OMB for

review pursuant to Executive Order

12866, it must include a certification

from EPA’s Federalism Official stating

that EPA has met the requirements of

Executive Order 13132 in a meaningful

and timely manner.

This rule will not have a substantial

direct effect on States or local

governments, or on the distribution of

power and responsibilities among the

various levels of government as

specified in Executive Order 13132.

This rule, by exempting the gasoline

anti-dumping requirements in American

Samoa, removes the federal role of

mandating and enforcing these gasoline

requirements.

F. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law No.

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g. materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards. This

rule does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

G. Congressional Review

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. Section 808 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 public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement, 5 U.S.C.

808(2). EPA will submit a report

containing this rule 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. This action is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(a).

H. Regulatory Flexibility

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

After considering the economic

impacts of today’s direct final rule, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities. In

determining whether a rule has a

significant economic impact on a

substantial number of small entities, the

impact of concern is any significant

adverse economic impact on small

entities, since the primary purpose of

the regulatory flexibility analyses is to

identify and address regulatory

alternatives ‘‘which minimize any

significant economic impact of the

proposed rule on small entities.’’ 5

U.S.C. Sections 603 and 604. Thus an

agency may certify that a rule will not

have a significant economic impact on

a substantial number of small entities if

the rule relieves regulatory burden, or

otherwise has a positive economic effect

on all of the small entities subject to the

rule. Since this rule removes the

gasoline anti-dumping regulations from

American Samoa, we conclude that

today’s direct final rule will relieve

regulatory burden for all small entities.

I. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless, the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns

and statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

Federal Register / Vol. 65, No. 230 / Wednesday, November 29, 2000 / Rules and Regulations 71073

elected officials and other

representatives of Indian tribal

governments to provide meaningful and

timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.

Today’s rule does not create any

mandates or impose any obligations on

State, Local, or Tribal governments, and

thus does not significantly or uniquely

affect the communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

J. Electronic Copies of Rule

A copy of this action is available on

the Internet at http://www.epa.gov/otaq

under the title: ‘‘Direct Final Rule on

Petition by American Samoa for

Exemption from Anti-Dumping

Requirements for Conventional

Gasoline.’’

K. Statutory Authority

Authority for the action described in this

notice is in section 325(a)(1) (42 U.S.C. 7625–

1(a)(1)) of the Clean Air Act as amended.

Dated: November 17, 2000.

Carol M. Browner,

Administrator.

[FR Doc. 00–30273 Filed 11–28–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2613; MM Docket No. 99–229; RM–

9479]

Radio Broadcasting Services; Dayton,

Incline Village and Reno, Nevada

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

jointly filed request of Salt

Broadcasting, LLC and Americom Las

Vegas Limited Partnership substitutes

Channel 261C1 for Channel 261C2 and

reallots Channel 261C1 from Incline

Village, Nevada to Dayton, Nevada, as

the community’s first local commercial

FM service and reallots Channel 295C

from Reno to Incline Village in order for

the community to retain a first local

aural service. See 64 FR 34755, June 29,

1999. Channel 261C1 can be allotted to

Dayton in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 36.8 km (22.9 miles)

northeast, at coordinates 39–29–27 NL;

119–19–03 WL. Channel 295C can be

allotted to Incline Village with a site

restriction of 10.1 km (6.3 miles)

northeast, at the Station KRNO–FM’s

presently licensed transmitter site at

coordinates 39–18–38 NL; 119–53–01

WL.

DATES: Effective January 2, 2001.

FOR FURTHER INFORMATION CONTACT:

Arthur D. Scrutchins, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–229,

adopted November 8, 2000, and released

November 17, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Nevada, is amended

by adding Channel 261C1 at Dayton, by

removing Channel 261C2 at Incline

Village and adding Channel 295C at

Incline Village, and by removing

Channel 295C at Reno.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–30369 Filed 11–28–00; 8:45 am]

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