Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31627

compliance, please contact Lieutenant

Rob Coller, U.S. Coast Guard Marine

Safety Office Los Angeles-Long Beach,

at (562) 980–4425.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612 and has determined that this rule

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under Commandant

Instruction M16475.1C, Figure 2–1,

paragraph (34)(g), this rule is

categorically excluded from further

environmental documentation. This

regulation is expected to have no

significant effect on the environment.

Unfunded Mandates

Under the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4), the

Coast Guard must consider whether this

rule will result in an annual

expenditure by state, local, and tribal

governments, in the aggregate of $100

million (adjusted annually for inflation).

If so, the Act requires that a reasonable

number of regulatory alternatives be

considered, and that from those

alternatives, the least costly, most costeffective, or least burdensome

alternative that achieves the objective of

the rule be selected.

No state, local, or tribal government

entities will be effected by this rule, so

this rule will not result in annual or

aggregate cost of $100 million or more.

Therefore, the Coast Guard is exempt

from any further regulatory

requirements under the Unfunded

Mandates Act.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

In consideration of the foregoing,

subpart F of part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; 49 CFR 1.46.

2. A new § 165.T11–054 is added to

read as follows:

§ 165.T11–054 Safety Zone: San Pedro

Bay.

(a) Location. All navigable waters

bounded by a line connecting the

following coordinates are established as

safety zone:

Latitude Longitude

Safety Zone Point #1: ......................................................................................................................................... 33°41′16′′ N, 118°13′15′′ W;

thence to

Safety Zone Point #2: ......................................................................................................................................... 33°40′45′′ N, 118°13′01′′ W;

thence to

Safety Zone Point #3: ......................................................................................................................................... 33°40′34′′ N, 118°13′37′′ W;

thence to

Safety Zone Point #4: ......................................................................................................................................... 33°41′04′′ N, 118°13′51′′ W;

thence returning to the

point of beginning.

Datum: NAD 83

(b) Effective Dates: This section will

be in effect from 6 a.m. PDT on May 17,

1998 until 11:59 p.m. PDT on May 17,

1999.

(c) Regulations. In accordance with

the general regulations in § 165.23, entry

into, transit through, or anchoring

within this safety zone is prohibited for

all vessels with a draft of 50 feet or

more, unless specifically authorized by

the Captain of the Port, for the entire

time that this regulation is enforced by

the Captain of the Port.

(1) All other vessels are prohibited

from entering into, transiting through, or

anchoring within this safety zone,

unless specifically authorized by the

Captain of the Port, only when actual

construction activities are in progress.

(2) The Captain of the Port will

announce, via Broadcast Notice to

Mariners and any other means

practicable, when the area is closed to

vessels less than 50 feet in draft because

construction activities are in progress.

Dated: May 15, 1998.

G.F. Wright,

Captain, U.S. Coast Guard, Captain of the

Port Los Angeles-Long Beach, California.

[FR Doc. 98–15424 Filed 6–9–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–6106–6]

Approval of Colorado’s Petition to

Relax the Federal Gasoline Reid Vapor

Pressure Volatility Standard for 1998,

1999, and 2000

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rulemaking.

SUMMARY: The Environmental Protection

Agency (EPA or the Agency) is

approving the State of Colorado’s

January 21, 1998, petition to relax the

Reid Vapor Pressure (RVP) standard that

applies to gasoline introduced into

commerce in the Denver-Boulder area

from June 1 to September 15. The

standard is relaxed from 7.8 pounds per

square inches (psi) to 9.0 psi for the

years 1998, 1999, and 2000. This action

is being taken under section 211(h)(1) of

the Clean Air Act as Amended in 1990

(CAA) to modify EPA’s gasoline

volatility regulations promulgated June

11, 1990 and modified December 12,

1991. The Agency does not believe that

this action will cause environmental

harm to Denver-Boulder’s residents. The

area has been in compliance with the

ozone standard since 1987. The DenverBoulder area’s gasoline has had a 9.0 psi
31628 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations

1Hawaii, Alaska and U. S. territories were

excepted.

2For more details, see 54 FR, 11868 (March 22,

1989).

3For more details, see 55 FR 23658 (June 11,

1990).

4For more details, see 56 FR 64704 (December 12,

1991).

5The Phase II final rulemaking discussed

procedures by which states could petition EPA for

more or less stringent volatility standards. 55 FR at

23660 (June 11, 1990).

6 56 FR 24242 (May 29, 1991).

standard since 1992. In addition to

today’s approval, EPA has approved

relaxations of Denver-Boulder’s RVP

standard from 7.8 psi to 9.0 psi for the

past six years, from 1992 through 1997.

DATES: This rule is effective on July 27,

1998 without further notification unless

the Agency receives relevant comments

by July 10, 1998. Should the Agency

receive such comments, it will publish

a timely withdrawal of the rule in the

Federal Register.

ADDRESSES: Materials relevant to this

rulemaking have been placed in Docket

A–98–04 by EPA. The docket is located

at the Docket Office of the U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460,

Room M–1500 in Waterside Mall and

may be inspected from 8:30 a.m. to 5:30

p.m., Monday through Friday. A

duplicate public docket CO–RVP–98 has

been established at U. S. EPA Region

VIII, 999 18th Street, Suite 500, Denver,

CO, 80202–2466, and is available for

inspection during normal working

hours. Interested persons wishing to

examine the documents in this docket

should make an appointment with the

appropriate contact at least 24 hours

before the visiting day. Contact Scott P.

Lee at (303) 312–6736. As provided in

40 CFR part 2, a reasonable fee may be

charged for copying docket material.

Comments should be submitted (in

duplicate if possible) to the two dockets

listed above at the above addresses.

A copy should also be sent to the EPA

contact person listed below at the

following address: U.S. Environmental

Protection Agency, Office of Air and

Radiation, 401 M Street, SW (6406–J),

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Marilyn Winstead McCall of the Fuels

and Energy Division at 202–564–9029 at

the above address.

SUPPLEMENTARY INFORMATION:

I. Background

A. Regulated Entities

Entities potentially affected by this

action are those involved with the

production, distribution, and sale of

conventional gasoline that is supplied

and consumed in the Denver-Boulder,

Colorado area. Regulated categories

include:

Category Examples of regulated entities

Industry ................................. Gasoline refiners and importers, gasoline terminals, gasoline truckers, gasoline retailers and wholesale purchaser-consumers.

B. Regulatory History of Gasoline

Volatility

In 1987, EPA determined that gasoline

had become increasingly volatile,

causing an increase in evaporative

emissions from gasoline-powered

sources. These emissions from gasoline,

referred to as volatile organic

compounds (VOCs), are precursors for

ozone and are a major contributor to the

nation’s serious ground-level ozone

problem. Ground-level ozone causes

health problems, including damaged

lung tissue, reduced lung function, and

lungs that are sensitized to other

pollutants.

Under authority in section 211(c)(4) of

the Clean Air Act (as Amended in 1977),

EPA promulgated regulations on March

22, 1989 that, beginning in 1989, set

maximum volatility levels for gasoline

sold during the summer ozone control

season. These regulations were referred

to as Phase I of a two-phase nationwide 1

program, which was designed to reduce

the volatility of commercial gasoline

during the summer high ozone season 2

by setting maximum RVP standards. On

June 11, 1990, EPA promulgated more

stringent volatility controls for Phase II.3

The requirements established maximum

volatility standards of 9.0 psi and 7.8

psi (depending upon the state and the

month, and the area’s ozone attainment

status) during the ozone control season.

The 1990 CAA Amendments

established a new section 211(h) to

address fuel volatility. Section 211(h)

requires EPA to promulgate regulations

making it unlawful to sell, offer for sale,

dispense, supply, offer for supply,

transport, or introduce into commerce

gasoline with an RVP level in excess of

9.0 psi during the high ozone season. It

further requires EPA to establish more

stringent RVP standards in

nonattainment areas if EPA finds such

standards ‘‘necessary to generally

achieve comparable evaporative

emissions (on a per vehicle basis) in

nonattainment areas, taking into

consideration the enforceability of such

standards, the need of an area for

emission control, and economic

factors.’’ Section 211(h) bans EPA from

establishing a volatility standard more

stringent than 9.0 psi in an attainment

area, except that EPA may impose a

lower standard in any former ozone

nonattainment area redesignated to

attainment.

On December 12, 1991, EPA

promulgated regulations to modify the

Phase II volatility regulations 4 pursuant

to section 211(h). The modified

regulations prohibited the sale of

gasoline with an RVP above 9.0 psi

during the summer ozone season in all

areas designated attainment for ozone,

beginning in 1992. Areas designated as

nonattainment retained the original

Phase II standards published on June 11,

1990.

As stated in the preamble for the

Phase II volatility controls 5 and

reiterated in the proposed change to the

volatility standards published on May

29, 1991,6 EPA will rely on states to

initiate changes to the EPA volatility

program that they believe will enhance

local air quality and/or increase the

economic efficiency of the program,

within the statutory limits. The

Governor of a state may petition EPA to

set a less stringent volatility standard for

some month or months in a

nonattainment area. The petition must

demonstrate the existence of a particular

local economic impact that makes such

changes appropriate and must

demonstrate that sufficient alternative

programs are available to achieve

attainment and maintenance of the

ozone National Ambient Air Quality

Standard (NAAQS).

C. Colorado’s Petition

On January 21, 1998, Governor Roy

Romer sent a letter to William

Yellowtail, EPA Regional Administrator

for Region VIII, requesting EPA to waive

the federal RVP standard for the DenverBoulder area. The specific change

requested was to ‘‘retain the 9.0 psi Reid

Vapor Pressure standard for gasoline

volatility in the Denver-Boulder area for

the summers of 1998 and 1999.’’

(Denver-Boulder has received waivers of
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31629

7For more details, see 53 FR 26067 (April 30,

1993).

8For more details, see 59 FR 15629 (April 4,

1994).

9For more details, see 61 FR 16391 (April 15,

1996).

the 7.8 psi RVP standard since 1992.)

The Governor further stated that this

waiver should only be necessary until

EPA acts on the submittal of the ozone

maintenance plan for the area or takes

an alternative action regarding the

implementation of the new standard for

ozone. The request was based on

discussions and reviews held in

November 1997, by the Colorado Air

Quality Control Commission (AQCC) of

the environmental and economic

impacts of the 7.8 psi standard. On

December 10, 1997, the AQCC issued a

resolution which recommended that the

Governor submit a petition to EPA to

request EPA to waive the 7.8 psi

standard and replace it with a 9.0 psi

standard.

D. History of Denver-Boulder Ozone

Attainment Status Prior to

Establishment of New NAAQS for

Ozone

On November 6, 1991, the DenverBoulder metropolitan area was

designated nonattainment for the ozone

NAAQS (see 56 FR 56694 (November 6,

1991)). The nonattainment area

encompasses Denver’s entire six-county

Consolidated Metropolitan Statistical

Area, with the exception of Rocky

Mountain National Park in Boulder

County and the eastern portions of

Adams and Arapahoe Counties.

Under the Phase II rule promulgated

on December 12, 1991, the standard

applicable in the Denver-Boulder

nonattainment area beginning in 1992

was 9.0 psi in May and 7.8 psi from

June 1 to September 15. The standard

applicable in other areas of Colorado

was 9.0 psi from May 1 to September 15.

On November 6, 1991, EPA issued

ozone nonattainment designations

pursuant to section 107(d)(1)(C) of the

Act (56 FR 56694). In that notice, EPA

designated the Denver-Boulder area as a

nonattainment area and classified it as

a ‘‘transitional area’’ as determined

under section 185A of the CAA. Section

185A defines a transitional area as ‘‘an

area designated as an ozone

nonattainment area as of the date of

enactment of the Clean Air Act

Amendments of 1990 [that] has not

violated the national primary ambient

air quality standard for ozone for the 36-

month period commencing on January

1, 1987, and ending on December 31,

1989.’’ In fact, according to monitoring

data, the Denver-Boulder area attained

and has continued to maintain the 0.12

parts per million (ppm) 1-hour standard

since 1987.

E. Establishment of the New NAAQS for

Ozone and Denver-Boulder’s Current

Attainment Status

On July 18, 1997, EPA promulgated a

new 8-hour ozone standard of 0.08 ppm

effective September 16, 1997 (see 62 FR

38856). EPA indicated in its December

29, 1997, guidance memorandum

entitled ‘‘Guidance for Implementing

the 1-Hour Ozone and Pre-Existing

PM 10 NAAQS’’ that designations for

areas regarding the new 8-hour ozone

NAAQS would take place in the future.

EPA currently plans to designate areas

as nonattainment for the new 8-hour

ozone standard by July 2000, based on

the most recently available three years

of air quality data at that time (e.g.,

1997, 1998, and 1999). Therefore, EPA

is granting Colorado’s request to relax

the 7.8 psi standard until the year 2000.

Taking into account Denver-Boulder’s

ozone attainment status for the new 8-

hour standard, EPA will make a

determination at that time as to which

volatility standard will apply to the

Denver-Boulder area.

F. Previous Petitions for Waivers of the

7.8 psi RVP Standard Granted by EPA

In separate rulemakings, EPA

previously granted petitions by the

Governor of Colorado for a relaxation of

the Federal RVP volatility standard for

the Denver-Boulder area for the years

1992 and 1993,7 for the years 1994 and

1995,8 and for the years 1996 and 1997.9

For in-depth discussions of these

actions, please refer to the Federal

Register notices.

In summary, EPA granted these

petitions to relax the 7.8 psi standard

based on evidence presented to EPA by

Colorado that showed economic

hardship to consumers and industry if

the 7.8 psi standard were retained.

Evidence also demonstrated that the 7.8

psi standard was not necessary given

the area’s record of continued

attainment of the 0.12 ppm 1-hour

ozone standard.

G. Justification for Granting Colorado’s

Petition to Waive the 7.8 psi RVP

Standard for 1998, 1999, and 2000

The Denver-Boulder area has attained

the 1-hour ozone standard and EPA has

proposed to revoke that standard for the

area (see Notice of Proposed

Rulemaking, 63 FR 2804, January 16,

1998). Ambient air quality data archived

in EPA’s national data base—Aerometric

Information and Retrieval System

(AIRS)—show continuous attainment of

the 1-hour standard in Denver-Boulder

since 1987, with a summertime gasoline

RVP of 9.0 psi. Furthermore, even with

the 9.0 RVP gasoline, data in AIRS show

that the Denver-Boulder area has been

attaining the new 8-hour ozone standard

for 1994, 1995, and 1996, and in

addition, a preliminary analysis also

indicates continued attainment of the 8-

hour standard through 1997. Thus, the

Denver-Boulder area to date has been

able to attain the 1-hour standard and

the 8-hour standard with a 9.0 psi RVP

gasoline standard in place.

Available evidence indicates that

retention of the 7.8 psi standard would

impose significant, additional costs for

consumers and the gasoline industry in

the area. Previous documentation

submitted in support of Colorado’s

petitions for relaxation of the 7.8 psi

RVP standard indicate that

implementation of that standard would

be costly. This documentation shows

that implementation of the 7.8 psi RVP

standard would cost the consumer about

1.1 cents more per gallon of gasoline

with an overall seasonal cost of over

$3,000,000.

In a letter of June 20, 1995, the local

refinery industry stated that the

imposition of a 7.8 psi standard in the

Denver-Boulder area at that time would

cause many refiners to make irreversible

capital improvements. It was stated that

these improvements may not be needed

if Denver-Boulder implemented a 9.0

psi RVP standard after redesignation to

attainment, which at that time seemed

imminent. EPA notes that because the

rest of the Colorado market requires a

9.0 psi RVP standard, any refinery

changes made in order to comply with

the 7.8 psi standard would be in

response only to the market demand in

the Denver-Boulder areas.

In testimony and documentation

presented at a 1995 hearing held before

the Colorado Air Quality Control

Commission, the Air Pollution Control

Board of the Colorado Department of

Health stated that these increased costs

would vary among refiners. Also

minutes and documentation from that

hearing indicated that the Air Pollution

Control Board supported a relaxation of

the RVP standard since there had been

no monitored violations of the ozone (1-

hour) NAAQS since 1986.

As stated above, with a 9.0 RVP

gasoline standard in place, the DenverBoulder area has attained the 1-hour

ozone standard since 1992, (when the

Phase II volatility standards were

implemented), and has shown

attainment with the 8-hour standard for

1994, 1995, and 1996, (with a
31630 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations

10 58 FR 51735 (October 4, 1993).

preliminary analysis also showing

attainment for 1997). Therefore, EPA

believes that keeping in place the 9.0 psi

RVP gasoline standard for the next three

years in Denver-Boulder will not cause

Denver-Boulder’s air quality to

deteriorate significantly. Additionally,

since 1989, summertime gasoline

volatility has been reduced significantly

through federal volatility regulations.

Moreover, ongoing vehicle fleet

turnover, as well as several

requirements under the 1990 CAA

Amendments (tighter tailpipe standards,

longer periods for a vehicle’s ‘‘useful

life’’ during which it must comply with

the standards, requirements for onboard diagnostic equipment to detect

failures of the emissions control system,

requirements for on-board vapor

recovery equipment to capture

emissions during refueling, and

enhanced inspection and maintenance

requirements) will continue to help

control overall mobile source emissions

of VOCs in the Denver-Boulder area.

Under the CAA, EPA has up to three

years from promulgation of a new

NAAQS to designate areas for the new

NAAQS. If an area is designated in 2000

as nonattainment for the 8-hour

NAAQS, that area will be required to

develop and submit a State

Implementation Plan (SIP) revision to

provide for attainment of the 8-hour

standard. EPA believes that when the

Agency determines the Denver-Boulder

area’s ozone attainment status for

purposes of the initial designations (by

July 2000), that will be the appropriate

time to assign a permanent RVP

standard for the Denver-Boulder area.

II. Direct Final Rulemaking

This action is being taken without

prior proposal because EPA believes

that this continuation of the relaxation

of the RVP requirements is

noncontroversial. The effect of this

rulemaking is limited to the DenverBoulder, Colorado nonattainment area,

and EPA anticipates no significant

comments on this action. This action

extends the RVP standard that has been

in effect in the Denver-Boulder area

since 1992.

III. Administrative Requirements

A. Public Participation

This rule will become effective

without further notification unless the

Agency receives relevant adverse

comments on the parallel document of

proposed rulemaking published in

today’s Federal Register within 30 days

of this document. Should the Agency

receive such comments, it will publish

a notice informing the public that this

rule did not take effect. All relevant

public comments received within the

30-day comment period will then be

addressed in a subsequent final rule

based on EPA’s proposal to approve

Colorado’s petition published in the

proposed rules section of today’s

Federal Register. No second comment

period on this rule will be instituted.

B. Environmental Impact

The proposed amendment is not

expected to have any adverse

environmental effects. The DenverBoulder six-county area has met the 1-

hour NAAQS for ozone since 1987.

Current air quality is expected to be

further maintained by a 9.0 psi RVP

gasoline standard for the years 1998,

1999, and 2000.

C. Economic Impact

The proposed continued relaxation of

the 7.8 psi RVP gasoline standard to 9.0

psi will avoid a cost increase in gasoline

refining and decrease in summertime

gasoline supply levels in the DenverBoulder area. No new economic burdens

will be placed on the local refining

industry to implement a change in the

RVP standard.

D. Executive Order 12866

Under Executive Order 12886 10, the

Agency must determine whether a

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 entitlements, 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.

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review. Specifically, this rule will

not have an annual effect on the

economy in excess of $100 million, have

a significant adverse impact on

competition, investment, employment

or innovation, or result in a major price

increase. In fact, as discussed above,

this action will reduce the cost of

compliance with Federal requirements

in this area.

E. Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1980, 44 U.S.C. 3501, EPA must

obtain OMB clearance for any activity

that will involve collecting substantially

the same information from ten or more

non-Federal respondents. This direct

final rule does not create any new

information requirements or contain any

new information collection activities.

F. Regulatory Flexibility Act

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this direct final rule. EPA has also

determined that this rule will not have

significant economic impact on

substantial number of small entities.

Small entities include small businesses,

small for profit enterprises, and small

governmental jurisdictions. This rule

will not have a significant impact on a

substantial number of small entities

because the overall impact of this rule

is a net decrease in requirements on all

entities including small entities.

Therefore, I certify that this action will

not have a significant economic impact

on a substantial number of small

entities.

G. Unfunded Mandates

Section 202 of the Unfunded

Mandates Reform Act of 1995 requires

that the Agency prepare a budgetary

impact statement before promulgating a

rule that includes a Federal mandate

that may result in expenditure by State,

local, and tribal governments, in

aggregate, or by the private sector, of

$100 million or more in any one year.

Section 203 requires the Agency to

establish a plan for obtaining input from

and informing, educating, and advising

any small governments that may be

significantly or uniquely affected by the

rule.

Under section 205 of the Unfunded

Mandates Act, the Agency must identify

and consider a reasonable number of

regulatory alternatives before

promulgating a rule for which a

budgetary impact statement must be

prepared. The Agency must select from

those alternatives the least costly, most

cost-effective, or least burdensome

alternative that achieves the objectives

of the rule, unless the Agency explains

why this alternative is not selected or
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31631

the selection of this alternative is

inconsistent with the law.

The Agency has determined that this

rule does not include 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. This

rule reduces costs to such entities by

relaxing a regulatory requirement.

Because small governments will not be

significantly or uniquely affected by this

rule, the Agency is not required to

develop a plan with regard to small

governments.

H. Submission to Congress and the

Comptroller General

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 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 rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

section 804(2).

I. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 10, 1998.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and it

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).)

J. Electronic Copies of Rulemaking

A copy of this action is available on

the Internet at www.epa.gov/

OMSWWW under the title: ‘‘Relaxation

of Federal Gasoline RVP Standard in

Denver-Boulder Metropolitan Area.’’

K. Statutory Authority

The promulgation of this regulation is

authorized by sections 211(h) and 301(a)

of the Clean Air Act as amended by the

Clean Air Act Amendments of 1990(42

U.S.C. 7545(h) and 7601(a)).

L. Children’s Health Protection

This direct final rule is not subject to

E.O. 13045, entitled ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it does not

involve decisions on environmental

health risks or safety risks that may

disproportionately affect children.

List of Subjects in 40 CFR Part 80

Environmental Protection,

Administrative practice and procedures,

Air pollution control, Fuel additives,

Gasoline, Motor vehicle and motor

vehicle engines, Motor vehicle

pollution, Penalties, Reporting and

recordkeeping requirements.

Dated: May 28, 1998.

Carol M. Browner,

Administrator.

For the reasons set forth in the

preamble, part 80 of title 40 of the Code

of Federal Regulations is amended as

follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Sections 114, 211, and 301(a) of

the Clean Air Act as amended, 42 U.S.C.

7414, 7545 and 7601(a).

2. In § 80.27(a)(2), the table is

amended by revising the entry for

Colorado and footnote 2 to read as

follows:

§ 80.27 Controls and prohibitions on

gasoline volatility.

* * * * *

(a) * * *

(2) * * *

APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS

State May June July August September

* * * * * * *

Colorado2 ................................................................................................... 9.0 7.8 7.8 7.8 7.8

* * * * * * *

1Standards are expressed in pounds per square inch (psi).

2The standard for 1992 through 2000 in the Denver-Boulder area designated nonattainment for the 1-hour ozone NAAQS in 1991 (see 40

CFR 81.306) will be 9.0 for June 1 through September 15.

[FR Doc. 98–15449 Filed 6–9–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300652; FRL 5788–4]

RIN 2070–AB78

Glyphosate; Extension of Tolerance for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends a timelimited tolerance for residues of

Roundup Ultra and Roundup Ultra RT

(Glyphosate [N-

(Phosphonomethyl)glycine) and its

metabolites in or on dry peas, lentils,

and chickpeas at 5 part per million

(ppm) for an additional 18 month, to

February 29, 2000. This action is in

response to EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

the pesticide on dry peas, lentils, and

chickpeas. Section 408(l)(6) of the

Federal Food, Drug, and Cosmetic Act

(FFDCA) requires EPA to establish a

time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA under section 18 of FIFRA.

DATES: This regulation becomes

effective June 10, 1998. Objections and

requests for hearings must be received

by EPA, on or before August 10, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300652],

must be submitted to: Hearing Clerk

(1900), Environmental Protection