14176 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 

71750), FDA announced that a food 

additive petition (animal use) (FAP 

2273) had been filed by DSM 

Nutritional Products, 45 Waterview 

Blvd., Parsippany, NJ 07054. The 

petition proposed to amend the food 

additive regulations to provide for the 

safe use of benzoic acid as a feed 

acidifier in swine feed. The notice of 

filing provided for a 30-day comment 

period on the petitioner’s environmental 

assessment. One comment was received 

that was not substantive. 

II. Conclusion 

FDA concludes that the data establish 

the safety and utility of benzoic acid for 

use as proposed with modification and 

that the food additive regulations 

should be amended as set forth in this 

document. 

III. Public Disclosure 

In accordance with § 571.1(h) (21 CFR 

571.1(h)), the petition and the 

documents that FDA considered and 

relied upon in reaching its decision to 

approve the petition are available for 

inspection at the Center for Veterinary 

Medicine by appointment with the 

information contact person (see FOR

FURTHER INFORMATION CONTACT). As 

provided in § 571.1(h), the Agency will 

delete from the documents materials 

that are not available for public 

disclosure before making the documents 

available for inspection. 

IV. Environmental Impact 

The Agency has determined under 21 

CFR 25.32(r) that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment, 

nor an environmental impact statement 

is required. 

V. Objections and Hearing Requests 

Any person who will be adversely 

affected by this regulation may file with 

the Division of Dockets Management 

(see ADDRESSES) either electronic or 

written objections. Each objection shall 

be separately numbered, and each 

numbered objection shall specify with 

particularity the provision of the 

regulation to which objection is made 

and the grounds for the objection. Each 

numbered objection on which a hearing 

is requested shall specifically so state. 

Failure to request a hearing for any 

particular objection shall constitute a 

waiver of the right to a hearing on that 

objection. Each numbered objection for 

which a hearing is requested shall 

include a detailed description and 

analysis of the specific factual 

information intended to be presented in 

support of the objection in the event 

that a hearing is held. Failure to include 

such a description and analysis for any 

particular objection shall constitute a 

waiver of the right to a hearing on the 

objection. 

It is only necessary to send one set of 

documents. Identify documents with the 

docket number found in brackets in the 

heading of this document. Any 

objections received in response to the 

regulation may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http://

www.regulations.gov. 

List of Subjects in 21 CFR Part 573 

Animal feeds, Food additives. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 573 is amended as follows: 

PART 573—FOOD ADDITIVES 

PERMITTED IN FEED AND DRINKING 

WATER OF ANIMALS 

■ 1. The authority citation for 21 CFR 

part 573 continues to read as follows: 

Authority: 21 U.S.C. 321, 342, 348. 

■ 2. Add § 573.210 to read as follows: 

§ 573.210 Benzoic acid. 

The food additive, benzoic acid, may 

be safely used in the manufacture of 

complete swine feeds in accordance 

with the following prescribed 

conditions: 

(a) The additive is used or intended 

for use as a feed acidifying agent, to 

lower the pH, in complete swine feeds 

at levels not to exceed 0.5 percent of the 

complete feed. 

(b) The additive consists of not less 

than 99.5 percent benzoic acid (CAS 65– 

85–0) by weight with the sum of 2- 

methylbiphenyl, 3-methylbiphenyl, 4- 

methylbiphenyl, benzyl benzoate, and 

isomers of dimethylbiphenyl not to 

exceed 0.01 percent by weight. 

(c) To assure safe use of the additive, 

in addition to the other information 

required by the Federal Food, Drug, and 

Cosmetic Act and paragraph (b) of this 

section, the label and labeling shall 

contain: 

(1) The name of the additive. 

(2) Adequate directions for use 

including a statement that benzoic acid 

must be uniformly applied and 

thoroughly mixed into complete swine 

feeds and that the complete swine feeds 

so treated shall be labeled as containing 

benzoic acid. 

(3) Appropriate warnings and safety 

precautions concerning benzoic acid. 

(4) A warning statement identifying 

benzoic acid as a possible irritant. 

(5) Information about emergency aid 

in case of accidental exposure. 

(6) Contact address and telephone 

number for reporting adverse reactions 

or to request a copy of the Material 

Safety Data Sheet (MSDS). 

Dated: March 6, 2014. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2014–05440 Filed 3–12–14; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0683; FRL–9905–26– 

Region 9] 

Revisions to the California State 

Implementation Plan; South Coast Air 

Quality Management District and El 

Dorado County Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

revisions to the South Coast Air Quality 

Management District and El Dorado 

County Air Quality Management District 

portions of the California State 

Implementation Plan (SIP). The South 

Coast action was proposed in the 

Federal Register on September 13, 2013 

and concerns carbon monoxide 

emissions from cement kilns. The El 

Dorado County action was proposed in 

the Federal Register on October 25, 

2013 and concerns the District’s 

demonstration that its rules met 

reasonably available control technology 

(RACT) requirements under the 1997 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS). We are 

approving these documents under the 

Clean Air Act (CAA or the Act). 

DATES: This rule will be effective on 

April 14, 2014. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0683 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 


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Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 14177 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action. 

II. Public Comments and EPA Responses. 

III. EPA Action. 

IV. Statutory and Executive Order Reviews. 

I. Proposed Action 

On September 13, 2013 (78 FR 56639) 

under Docket# EPA–R09–OAR–2013– 

0596, EPA proposed to approve the 

following rule into the California SIP. 

Local agency Rule # Rule title Amended Submitted 

SCAQMD .......... 1112.1 Emissions of Particulate Matter and Carbon Monoxide from Cement Kilns 12/4/09 07/20/10 

On October 25, 2013 (78 FR 63934) 

under Docket# EPA–R09–OAR–2013– 

0683, EPA proposed to approve the 

following document into the California 

SIP. 

Local agency Document Adopted Submitted 

EDAQMD .......... EDAQMD Reasonably Available Control Technology (RACT) State Implementation Plan 

(SIP) Update Analysis Staff Report (‘‘2006 RACT SIP’’).

02/06/07 07/11/07 

Our technical support document for 

the proposed approval of EDAQMD’s 

2006 RACT SIP included a suggestion 

that EDAQMD submit negative 

declarations for the metal parts and 

products, solvent metal cleaning, and 

graphic arts Control Technique 

Guidelines categories. These negative 

declarations were submitted to EPA on 

September 30, 2013, and we are taking 

separate action on them. 

We proposed to approve SCAQMD 

Rule 1112.1 and EDAQMD’s 2006 RACT 

SIP because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

submitted documents and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed actions provided a 

30-day public comment period. The 

docket for South Coast Rule 1112.1 

‘‘Emissions of Particulate Matter and 

Carbon Monoxide from Cement Kilns’’ 

received one comment. The comment 

was not germane to the proposed action 

and requested clarification on the 

geographic boundary to which the Santa 

Barbara County Air Pollution Control 

District’s outer continental shelf 

applied. EPA provided a separate reply 

to the commenter. We received no 

comments on the proposed approval of 

El Dorado County’s 2006 RACT SIP. 

III. EPA Action 

No comments were submitted that 

change our assessment of the submitted 

documents as described in our proposed 

actions. Therefore, as authorized in 

section 110(k)(3) of the Act, EPA is fully 

approving these documents into the 

California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 


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14178 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the 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 [insert date 60 

days from date of publication of this 

document in the Federal Register]. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 16, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(381) (i)(K) and 

(382)(ii) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(381) * * * 

(i) * * * 

(K) South Coast Air Quality 

Management District. 

(1) Rule 1112.1, ‘‘Emissions of 

Particulate Matter and Carbon 

Monoxide from Cement Kilns,’’ 

amended on December 4, 2009. 

* * * * * 

(382) * * * 

(i) * * * 

(ii) Additional Material 

(A) El Dorado County Air Quality 

Management District. 

(1) El Dorado County Air Quality 

Management District Reasonably 

Available Control Technology (RACT) 

State Implementation Plan (SIP) Update 

Analysis Staff Report (‘‘2006 RACT 

SIP’’) adopted on February 6, 2007. 

* * * * * 

[FR Doc. 2014–05387 Filed 3–12–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0806; FRL–9905–18– 

Region 9] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

graphic arts operations and from surface 

preparation and cleaning operations. We 

are approving local rules that regulate 

these emission sources under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on May 12, 

2014 without further notice, unless EPA 

receives adverse comments by April 14, 

2014. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0806, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rules. 

D. Public comment and final action. 

III. Statutory and Executive Order Reviews 


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