6658 Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 

above Columbia River Datum 0.0 while 

in the closed position. Vessels able to 

pass through the bridge in the closed 

positions may do so at anytime. The 

current operating schedule for the 

bridge is set out in 33 CFR 117.5. The 

normal operating schedule for the BNSF 

Swing Bridge states that the bridge must 

open promptly and fully on request. 

This deviation allows the swing span of 

the BNSF Railway Bridge across the 

Columbia River, mile 105.6, to remain 

in the closed position, and need not 

open for maritime traffic from 7 a.m. 

until 3 p.m. on February 25, 2015, and 

7 a.m. until 3 p.m. on February 26, 

2015. The bridge shall operate in 

accordance to 33 CFR 117.5 at all other 

times. Waterway usage on this part of 

the Columbia River includes vessels 

ranging from commercial tug and tow 

vessels to recreational pleasure craft 

including cabin cruisers and sailing 

vessels. The bridge will not be able to 

open for emergencies and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 22, 2015. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2015–02329 Filed 2–5–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0052] 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the S.R. 74 

Bridge, across the Atlantic Intracoastal 

Waterway (AIWW), mile 283.1, at 

Wrightsville Beach, NC. This deviation 

is necessary to accommodate the 6th 

Annual Quintiles Wrightsville Beach 

Marathon. This deviation allows the 

bridge to remain in the closed position 

during the race. 

DATES: This deviation is effective from 

5 a.m. to 10:30 a.m. on Sunday, March 

22, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0052] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Kashanda 

Booker, Bridge Administration Branch, 

Fifth Coast Guard District; telephone 

(757) 398–6227, email 

Kashanda.l.booker@uscg.mil. If you 

have questions on viewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 6th 

Annual Quintiles Wrightsville Beach 

Marathon committee on behalf of the 

North Carolina Department of 

Transportation (NCDOT) has requested 

a temporary deviation from the current 

operating schedule for the S.R. 74 

Bascule Drawbridge across the AIWW 

mile 283.1, at Wrightsville Beach, NC. 

The requested deviation will 

accommodate the 6th Annual Quintiles 

Wrightsville Beach Marathon scheduled 

for Sunday, March 22, 2015. To 

facilitate this event, the draw of the 

bridge will be maintained in the closedto-navigation position from 5 a.m. to 

10:30 a.m. to allow race participants to 

cross during the scheduled event. 

The current operating schedule for the 

bridge is set out in 33 CFR 117.821(a)(4). 

The regulation requires the bridge to 

open on signal for vessels at all times 

except that from 7 a.m. until 7 p.m. the 

bridge shall open on the hour; every 

third and fourth Saturday in September 

the bridge shall remain closed from 7 

a.m. until 11 a.m.; and the last Saturday 

of October or the first or second 

Saturday of November the bridge shall 

remain closed from 7 a.m. until 10:30 

a.m. The bascule drawbridge has a 

vertical clearance of 20 feet above mean 

high water (MHW) in the closed 

position. Vessels that can pass through 

the bridge in the closed position may do 

so at any time. 

To ensure that waterway users are 

aware of the closure, the Coast Guard 

will issue a Local and Broadcast Notice 

to Mariners to allow mariners to 

schedule their transits accordingly. 

There are no alternate routes available 

to vessels. Most waterway traffic 

consists of recreational boats with a few 

barges and tugs during the daytime. The 

bridge is able to open for emergencies. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 27, 2015. 

James L. Rousseau, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2015–02449 Filed 2–5–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2014–0283; FRL 9921–82– 

OAR] 

RIN 2060–AS19 

Regulation of Fuels and Fuel 

Additives: Extension of the 

Reformulated Gasoline Program to 

Maine’s Southern Counties 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the Clean Air 

Act’s (CAA) prohibition against the sale 

of conventional gasoline in reformulated 

gasoline (RFG) areas to the southern 

Maine counties of York, Cumberland, 

Sagadahoc, Androscoggin, Kennebec, 

Knox, and Lincoln (hereinafter, the 

‘‘Southern Maine Counties’’). This 

action is based on a request from the 

Governor of the State of Maine for areas 

within the ozone transport region 

established under the CAA. The CAA 

does not give the EPA discretion to deny 

a Governor’s request on this matter. The 

scope of the EPA’s discretion is limited 

to establishing the date that the 

prohibition commences. Consistent with 

the Governor’s request, the EPA is 

finalizing as proposed a prohibition 

commencement date of May 1, 2015 for 

all refiners, importers, and distributors 

in the Maine counties referenced in the 

Governor’s request, and June 1, 2015 for 

all retailers and wholesale purchaserVerDate Sep<11>2014 17:54 Feb 05, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1

asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 6659 

1North American Industry Classification System. 

2See the U.S. Energy Information Administration 

statistics on consumption and sales of petroleum 

and other liquids at: http://www.eia.gov/petroleum/ 

reports.cfm?t=164. 

3For a map showing current RFG areas, please 

visit the EPA’s Web site at: http://www.epa.gov/

otaq/fuels/gasolinefuels/rfg/areas.htm. 

4Applying these criteria, the EPA has determined 

the nine covered areas to be the metropolitan areas 

including Los Angeles, Houston, New York City, 

Baltimore, Chicago, San Diego, Philadelphia, 

Hartford, and Milwaukee. 

consumers in those counties. The EPA 

is also adding in its RFG opt-out rules 

a provision to reflect that there is a fouryear minimum opt-in period for areas 

that opt into the RFG program on the 

basis of their location within the ozone 

transport region. This clarification 

aligns the federal regulation for RFG 

opt-out requirements with the CAA. 

DATES: This final rule is effective on 

March 9, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2014–0283. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA 

Docket Center, WJC 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 Docket 

telephone number is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Patty Klavon, Office of Transportation 

and Air Quality, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, Michigan, 48105; 

telephone number: (734) 214–4476; fax 

number: (734) 214–4052; email address: 

klavon.patty@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The contents of this preamble are 

listed in the following outline: 

I. General Information 

II. Background 

III. Description of the Final Rule 

IV. Rationale 

V. Statutory and Executive Order Reviews 

VI. Legal Authority and Statutory Provisions 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

rule are fuel producers and distributors 

who do business in Maine. 

Examples of potentially regulated 

entities 

NAICS1

Codes 

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

Gasoline Marketers and Distributors 424710 

424720 

Examples of potentially regulated 

entities 

NAICS1

Codes 

Gasoline Retail Stations .................. 447110 

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

484230 

The above is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. The table lists 

the types of entities of which the EPA 

is aware that potentially could be 

affected by this rule. Other types of 

entities not listed on the table could also 

be affected by this rule. To determine 

whether your organization could be 

affected by this rule, you should 

carefully examine the regulations in 40 

CFR 80.70. If you have questions 

regarding the applicability of this action 

to a particular entity, call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section of this preamble. 

II. Background 

A. Background on the Federal 

Reformulated Gasoline Program 

The purpose of the federal RFG 

program is to improve air quality in 

certain areas through the use of gasoline 

that is reformulated to reduce motor 

vehicle emissions of tropospheric 

ozone-forming compounds, as set forth 

in CAA section 211(k)(1). The EPA first 

published regulations for the federal 

RFG program on February 16, 1994. (59 

FR 7716). RFG makes up over 30 

percent of the volume of motor vehicle 

gasoline consumed in the United 

States 2 and is used in 17 states and the 

District of Columbia.3

CAA section 211(k)(5) prohibits the 

sale of conventional gasoline (i.e., 

gasoline that the EPA has not certified 

as reformulated) in certain ozone 

nonattainment areas beginning January 

1, 1995. CAA section 211(k)(10)(D) 

defines the areas initially covered by the 

federal RFG program as ozone 

nonattainment areas having a 1980 

population in excess of 250,000 and 

having the highest ozone design values 

during the period 1987 through 1989.4

In addition, under CAA section 

211(k)(10)(D), any area reclassified as a 

Severe ozone nonattainment area under 

CAA section 181(b) is also included in 

the federal RFG program. Finally, CAA 

sections 211(k)(6)(A) and (B) allow areas 

classified as Marginal, Moderate, 

Serious, or Severe ozone nonattainment 

areas, or areas within the ozone 

transport region established under CAA 

section 184, to opt into the RFG program 

at the request of the Governor of the 

State in which the area is located. 

Maine is in the ozone transport region 

established under CAA section 184, and 

its request to opt into the RFG program 

was made pursuant to CAA section 

211(k)(6)(B). That provision specifies 

that upon petition of the Governor of a 

State in the ozone transport region, the 

EPA is to apply the prohibition against 

selling or dispensing of conventional 

gasoline in RFG covered areas in any 

area in the State other than an area 

classified as Marginal, Moderate, 

Serious, or Severe ozone nonattainment 

area under subpart 2 of part D of 

subchapter 1 of the Clean Air Act. This 

prohibition is to ‘‘commence as soon as 

practicable but not later than 2 years 

after the date of approval by the 

Administrator of the application of the 

Governor of the State.’’ CAA section 

211(k)(6)(B)(ii)(I). However, if the EPA 

determines that there is insufficient 

capacity to supply RFG, the EPA may 

extend the commencement date by no 

more than a year, and may renew that 

extension for two additional one-year 

periods. CAA section 211(k)(6)(B)(iii). 

The area may not opt out of the federal 

RFG program earlier than four (4) years 

after the RFG commencement date. CAA 

section 211(k)(6)(B)(ii)(II). 

B. Request From the State of Maine 

In 2013, the State of Maine enacted 

Public Law 2013 c.221 calling for the 

use of RFG in York, Cumberland, 

Sagadahoc, Androscoggin, Kennebec, 

Knox, and Lincoln counties beginning 

May 1, 2014. On July 23, 2013, the 

Governor of Maine formally requested, 

pursuant to CAA section 211(k)(6)(B), 

that the EPA extend the requirement for 

the sale of RFG to these counties 

beginning on May 1, 2014. 

The Maine legislature subsequently 

enacted an emergency law, Public Law 

2013 c.453, effective March 6, 2014, to 

postpone the requirement for the sale of 

RFG in these counties until June 1, 

2015. Pursuant to that legislation, the 


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6660 Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 

5The EPA has determined that the original 

petition from the Governor of Maine, together with 

the revised Maine legislation and the 

Commissioner’s letter, serve as a petition from the 

Governor under CAA section 211(k)(6)(B) seeking 

commencement of the prohibition in CAA 211(k)(5) 

in the Southern Maine Counties on June 1, 2015. 

Commissioner for the State of Maine’s 

Department of Environmental Protection 

(DEP) submitted a request to the EPA 

dated March 10, 2014, modifying 

Maine’s request for the implementation 

date for the sale of RFG in the Southern 

Maine Counties to coincide with June 1, 

2015.5

Copies of the Commissioner’s letter, 

the letter from the Governor of the State 

of Maine dated July 23, 2013, and the 

Maine legislation establishing the use of 

RFG in the Southern Maine Counties are 

available in the docket at EPA–HQ– 

OAR–2014–0283. 

The EPA issued a proposal for public 

comment on August 28, 2014 (79 FR 

51288), consistent with the State’s 

request. No comments were received. 

III. Description of the Final Rule 

Based on our evaluation of the 

appropriate lead time and start dates, 

and pursuant to Maine’s request for a 

June 1, 2015 implementation date and 

the provisions of CAA section 211(k)(6), 

the EPA is amending its RFG regulation 

at 40 CFR 80.70 to add new paragraph 

(n)(1) extending the CAA section 

211(k)(5) prohibition against the sale of 

conventional (i.e., non-reformulated) 

gasoline in RFG covered areas to the 

Southern Maine Counties. Based on 

Maine’s request for a June 1, 2015 

implementation date, the EPA is 

finalizing as proposed the prohibition 

on the sale of conventional gasoline in 

the Southern Maine Counties to 

commence as of May 1, 2015 for all 

regulated entities in these counties other 

than retailers and wholesale purchaserconsumers (i.e., refiners, importers, and 

distributors), and as of June 1, 2015 for 

retailers and wholesale purchaserconsumers. Thus, conventional gasoline 

may not be sold to consumers in the 

Southern Maine Counties as of June 1, 

2015. Only RFG may be sold to 

consumers in these counties as of June 

1, 2015. The Southern Maine Counties 

are part of the ozone transport region as 

defined in CAA section 184. They are 

not currently classified under subpart 2 

of Part D of CAA subchapter I as 

Marginal, Moderate, Serious, or Severe 

ozone nonattainment areas. 

Further, in today’s action, EPA is 

updating its RFG opt-out regulation at 

40 CFR 80.72 to add a new paragraph 

(c)(8) to reflect that there is a four-year 

minimum opt-in period for areas that 

opt into the RFG program on the basis 

of their location within the ozone 

transport region. This clarification 

aligns the federal regulation for RFG 

opt-out requirements with CAA section 

211(k)(6)(B)(ii)(II). 

Thus, the State of Maine may not opt 

out of the federal RFG program for the 

Southern Maine Counties before May 1, 

2019 for all regulated entities other than 

retailers and wholesale purchaserconsumers, and not before June 1, 2019 

for retailers and wholesale purchaserconsumers, respectively. 

IV. Rationale 

The EPA has determined that the 

commencement dates for the 

prohibition of the sale of conventional 

gasoline in the Southern Maine 

Counties finalized in today’s action 

provide a reasonable balance by 

achieving air quality benefits in 

southern Maine by the start of the 2015 

peak ozone season and providing 

adequate lead time for industry to 

prepare for program implementation. 

The dates are consistent with the State’s 

request that the EPA require RFG to be 

sold in the Southern Maine Counties to 

coincide with the beginning of the high 

ozone season, which begins June 1 of 

each year. Thus, the dates provide 

environmental benefits by allowing 

southern Maine to achieve volatile 

organic compound (VOC) reduction 

benefits for the 2015 VOC control 

season. The dates are also consistent 

with the statutory requirement that the 

EPA set the date for commencement of 

the prohibition within two years of the 

EPA’s approval of the application by the 

Governor. 

Today’s final action has no effect on 

the approved Maine State 

Implementation Plan (SIP). The State of 

Maine intends to submit a proposed SIP 

revision requesting the removal of its 

existing 7.8 Reid Vapor Pressure fuel 

requirements for the Southern Maine 

Counties. The EPA will consider 

Maine’s request when it is received. 

As stated previously, the EPA 

received no comments on the proposed 

rulemaking. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563. (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3. The OMB has 

approved the information collection 

requirements that apply to the RFG 

program (see 59 FR 7716, February 16, 

1994), and has assigned OMB control 

number 2060–0277 (EPA ICR No. 

1591.25). 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute 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 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s final rule on small entities, 

small entity is defined as: (1) Defined by 

the Small Business Administration’s 

(SBA) regulations at 13 CFR 121.201; (2) 

a small governmental jurisdiction that is 

a government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant adverse impact on a 

substantial number of small entities. In 

promulgating the RFG regulations for 

conventional gasoline, the EPA 

analyzed the impact of the regulations 

on small entities. The EPA concluded 

that the regulations may possibly have 

some economic effect on a substantial 

number of small refiners, but that the 

regulations may not significantly affect 

other small entities, such as gasoline 

blenders, terminal operators, service 

stations and ethanol blenders. See 59 FR 

7810–7811 (February 16, 1994). As 

stated in the preamble to the final 1994 

RFG rule, exempting small refiners from 

the RFG regulations would not meet 

CAA requirements. 59 FR 7810. 

However, since most small refiners are 

located in the mountain states or in 

California, which has its own RFG 

program, the vast majority of small 

refiners are unaffected by the federal 

RFG requirements (although all refiners 

of conventional gasoline are potentially 


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Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 6661 

subject to the RFG requirements). 

Moreover, all businesses, large and 

small, maintain the option to produce 

conventional gasoline to be sold in areas 

not obligated by the CAA to receive RFG 

or those areas which have not chosen to 

opt into the federal RFG program. A 

complete analysis of the effect of the 

RFG regulations on small businesses is 

contained in the Regulatory Flexibility 

Analysis which was prepared for the 

1994 RFG regulations, and can be found 

in the docket for that rulemaking. The 

docket number is: EPA Air Docket A– 

92–12. 

Today’s final rule affects only those 

refiners, importers or blenders of 

gasoline that choose to produce or 

import RFG for sale in the Southern 

Maine Counties, and gasoline 

distributors and retail stations in those 

areas. As discussed above, the EPA 

determined that, because of their 

location, the vast majority of small 

refiners will be unaffected by the RFG 

requirements. For the same reason, most 

small refiners will be unaffected by 

today’s action. Other small entities, 

such as gasoline distributors and retail 

stations located in the Southern Maine 

Counties, which will become a covered 

area under today’s final rule, will be 

subject to the same requirements as 

those small entities which are located in 

current RFG covered areas. The EPA did 

not find the previous RFG regulations to 

significantly affect these entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This final rule does not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or the private sector in 

any one year. Thus, this final rule is not 

subject to the requirements of sections 

202 and 205 of the UMRA. Although the 

EPA does not believe that UMRA 

imposes requirements for this 

rulemaking, the EPA notes that the 

environmental and economic impacts of 

the federal RFG program were assessed 

in the EPA’s Regulatory Impact Analysis 

for the 1994 RFG regulations. 

This final rule is also not subject to 

the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132 (Federalism) 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The final rule 

imposes requirements only on certain 

refiners and other entities in the 

gasoline distribution system, and not on 

States. The requirements of the final 

rule will be enforced by the federal 

government at the national level. Thus, 

Executive Order 13132 does not apply 

to this final rule. 

F. Executive Order 13175 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Today’s final rule affects only 

those refiners, importers or blenders of 

gasoline that choose to produce or 

import RFG for sale in the Southern 

Maine Counties, and gasoline 

distributors and retail stations in those 

areas. Thus, Executive Order 13175 does 

not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866, and because the Agency 

does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

the 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. NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations of the United States. 

The EPA has determined that this 

final rule does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

K. Congressional Review Act 

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. The 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. 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). This rule will be effective March 

9, 2015. 

VI. Legal Authority and Statutory 

Provisions 

The statutory authority for this action 

is granted to the EPA by Sections 211(k) 

and 301(a) of the Clean Air Act, as 

amended; 42 U.S.C. 7545(k), 7601(a). 


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List of Subjects in 40 CFR Part 80 

Environmental protection, Air 

pollution control, Fuel additives, 

Gasoline, Motor vehicle pollution. 

Dated: January 23, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons discussed in the 

preamble, the Environmental Protection 

Agency is amending 40 CFR part 80 as 

follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7542, 

7545, and 7601(a). 

■ 2. Section 80.70 is amended by adding 

paragraph (n) to read as follows: 

§ 80.70 Covered areas. 

* * * * * 

(n) The areas included in paragraph 

(n) of this section are located within the 

ozone transport region established 

under Clean Air Act section 184(a), are 

not classified as a Marginal, Moderate, 

Serious, or Severe ozone nonattainment 

area, and have opted into the 

reformulated gasoline program. They are 

covered areas for the purposes of 

subparts D, E, and F of this part. 

(1) The southern Maine counties of 

York, Cumberland, Sagadahoc, 

Androscoggin, Kennebec, Knox, and 

Lincoln are a covered area beginning 

June 1, 2015. The prohibitions of Clean 

Air Act section 211(k)(5) apply to all 

persons other than retailers and 

wholesale purchaser-consumers in these 

counties beginning May 1, 2015. The 

prohibitions of section 211(k)(5) of the 

Clean Air Act apply to retailers and 

wholesale purchaser-consumers in these 

counties beginning on June 1, 2015. 

(2) [Reserved] 

■ 3. Section 80.72 is amended by adding 

paragraph (c)(8) to read as follows: 

§ 80.72 Procedures for opting out of the 

covered areas. 

* * * * * 

(c) * * * 

(8) Notwithstanding any other 

provision of paragraph (c) of this 

section, for an area that opted in 

pursuant to Clean Air Act section 

211(k)(6)(B), the Administrator shall not 

set the effective date for removal of the 

area earlier than four years after the 

commencement date of opt-in. 

* * * * * 

[FR Doc. 2015–02185 Filed 2–5–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 140811659–5070–02] 

RIN 0648–XD437 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements the annual 

catch limit (ACL), harvest guideline 

(HG), and associated annual reference 

points for Pacific mackerel in the U.S. 

exclusive economic zone (EEZ) off the 

Pacific coast for the fishing season of 

July 1, 2014, through June 30, 2015. 

This rule is implemented according to 

the Coastal Pelagic Species (CPS) 

Fishery Management Plan (FMP). The 

2014–2015 HG for Pacific mackerel is 

29,170 metric tons (mt). This is the 

primary commercial fishing target level. 

The annual catch target (ACT), which 

will be the directed fishing harvest 

target, is 24,170 mt. If the fishery attains 

the ACT, the directed fishery will close, 

reserving the difference between the HG 

(29,170 mt) and ACT as a 5,000 mt setaside for incidental landings in other 

CPS fisheries and other sources of 

mortality. This final rule is intended to 

conserve and manage the Pacific 

mackerel stock off the U.S. West Coast. 

DATES: Effective March 9, 2015 through 

June 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, West Coast Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: During 

public meetings each year, the estimated 

biomass for Pacific mackerel is 

presented to the Pacific Fishery 

Management Council’s (Council) CPS 

Management Team (Team), the 

Council’s CPS Advisory Subpanel 

(Subpanel) and the Council’s Scientific 

and Statistical Committee (SSC), where 

the biomass and the status of the 

fisheries are reviewed and discussed. 

The biomass estimate is then presented 

to the Council along with the calculated 

overfishing limit (OFL), acceptable 

biological catch (ABC), ACL, HG and 

ACT recommendations and comments 

from the Team, Subpanel and SSC. 

Following review by the Council and 

after hearing public comment, the 

Council adopts a biomass estimate and 

makes its catch level recommendations 

to NMFS. 

The purpose of this final rule is to 

implement the 2014–2015 ACL, HG, 

ACT and other annual catch reference 

points, including OFL and an ABC that 

takes into consideration uncertainty 

surrounding the current estimate of 

biomass for Pacific mackerel in the U.S. 

EEZ off the Pacific coast. The CPS FMP 

and its implementing regulations 

require NMFS to set these annual catch 

levels for the Pacific mackerel fishery 

based on the annual specification 

framework in the FMP. This framework 

includes a harvest control rule that 

determines the HG, the primary 

management target for the fishery for the 

current fishing season. The HG is based, 

in large part, on the current estimate of 

stock biomass. The harvest control rule 

in the CPS FMP is HG = 

[(Biomass¥Cutoff) * Fraction * 

Distribution] with the parameters 

described as follows: 

1. Biomass. The estimated stock 

biomass of Pacific mackerel for the 

2014–2015 management season is 

157,106 mt. 

2. Cutoff. This is the biomass level 

below which no commercial fishery is 

allowed. The FMP established this level 

at 18,200 mt. 

3. Fraction. The harvest fraction is the 

percentage of the biomass above 18,200 

mt that may be harvested. 

4. Distribution. The average portion of 

the Pacific mackerel biomass estimated 

in the U.S. EEZ off the Pacific coast is 

70 percent and is based on the average 

historical larval distribution obtained 

from scientific cruises and the 

distribution of the resource according to 

the logbooks of aerial fish-spotters. 

In June 2014 the Council adopted and 

recommended to NMFS for the 2014– 

2015 Pacific mackerel fishing season an 

OFL of 32,992 metric tons (mt), an ABC 

and ACL of 30,138 mt each, a HG of 

29,170 mt, and an ACT of 24,170 mt. 

These catch specifications are based on 

the control rules established in the CPS 

FMP and a biomass estimate of 157,106 

mt; the biomass estimate is the result of 

a 2011 full stock assessment as updated 

with a catch-only projection estimate. 

The annual biomass estimates are an 

explicit part of the various harvest 

control rules for Pacific mackerel, and 

as the estimated biomass decreases or 

increases from one year to the next, the 

resulting allowable catch levels 

similarly trend. The Pacific mackerel 

fishing season runs from July 1 to June 

30. 

Upon attainment of the ACT, directed 

fishing would close, reserving the 

difference between the HG and ACT 

(5,000 mt) as a set-aside for incidental 


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