73202 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 

separately to each change would be 

substantial. Therefore, we periodically 

have announced uniform compliance 

dates for new food labeling 

requirements (see, e.g., the Federal 

Register of October 19, 1984 (49 FR 

41019); December 24, 1996 (61 FR 

67710); December 27, 1996 (61 FR 

68145); December 23, 1998 (63 FR 

71015); November 20, 2000 (65 FR 

69666); December 31, 2002 (67 FR 

79851); December 21, 2006 (71 FR 

76599); December 8, 2008 (73 FR 

74349); December 15, 2010 (75 FR 

78155); and November 28, 2012 (77 FR 

70885)). Use of a uniform compliance 

date provides for an orderly and 

economical industry adjustment to new 

labeling requirements by allowing 

sufficient lead time to plan for the use 

of existing label inventories and the 

development of new labeling materials. 

We have determined under 21 CFR 

25.30(k) 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. 

This final rule contains no collections 

of information. Therefore, clearance by 

the Office of Management and Budget 

under the Paperwork Reduction Act of 

1995 is not required. 

We have examined the impacts of the 

final rule under Executive Order 12866, 

Executive Order 13563, the Regulatory 

Flexibility Act (5 U.S.C. 601–612), and 

the Unfunded Mandates Reform Act of 

1995 (Public Law 104–4). Executive 

Orders 12866 and 13563 direct Agencies 

to assess all costs and benefits of 

available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). We 

believe that this final rule is not a 

significant regulatory action under 

Executive Order 12866. 

The establishment of a uniform 

compliance date does not in itself lead 

to costs or benefits. We will assess the 

costs and benefits of the uniform 

compliance date in the regulatory 

impact analyses of the labeling rules 

that take effect at that date. 

The Regulatory Flexibility Act 

requires Agencies to analyze regulatory 

options that would minimize any 

significant economic impact of a rule on 

small entities. Because the final rule 

does not impose compliance costs on 

small entities, we certify that the final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 requires 

that Agencies prepare a written 

statement, which includes an 

assessment of anticipated costs and 

benefits, before proposing ‘‘any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more (adjusted annually for inflation) 

in any one year.’’ The current threshold 

after adjustment for inflation is $141 

million, using the most current (2013) 

Implicit Price Deflator for the Gross 

Domestic Product. We do not expect 

this final rule to result in any 1-year 

expenditure that would meet or exceed 

this amount. 

We have analyzed this final rule in 

accordance with the principles set forth 

in Executive Order 13132. We have 

determined that the rule does not 

contain policies 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. Accordingly, we 

have concluded that the rule does not 

contain policies that have federalism 

implications as defined in the Executive 

Order and, consequently, a federalism 

summary impact statement is not 

required. 

This action is not intended to change 

existing requirements for compliance 

dates contained in final rules published 

before January 1, 2015. Therefore, all 

final rules published by FDA in the 

Federal Register before January 1, 2015, 

will still go into effect on the date stated 

in the respective final rule. We generally 

encourage industry to comply with new 

labeling regulations as quickly as 

feasible, however. Thus, when industry 

members voluntarily change their 

labels, it is appropriate that they 

incorporate any new requirements that 

have been published as final regulations 

up to that time. 

In rulemaking that began with 

publication of a proposed rule on April 

15, 1996 (61 FR 16422), and ended with 

a final rule on December 24, 1996, we 

provided notice and an opportunity for 

comment on the practice of establishing 

uniform compliance dates by issuance 

of a final rule announcing the date. 

Receiving no comments objecting to this 

practice, FDA finds any further advance 

notice and opportunity for comment or 

delayed effective date unnecessary for 

establishment of the uniform 

compliance date. We have previously 

invited comment on the practice of 

establishing uniform compliance dates 

by issuing a final rule, and interested 

parties will have an opportunity to 

comment on the compliance date for 

each individual food labeling regulation 

as part of the rulemaking process for 

that regulation. Nonetheless, under 21 

CFR 10.40(e)(1), we are providing an 

opportunity for comment on whether 

the uniform compliance date 

established by this final rule should be 

modified or revoked. 

The new uniform compliance date 

will apply only to final FDA food 

labeling regulations that require changes 

in the labeling of food products and that 

publish after January 1, 2015, and before 

December 31, 2016. Those regulations 

will specifically identify January 1, 

2018, as their compliance date. All food 

products subject to the January 1, 2018, 

compliance date must comply with the 

appropriate regulations when initially 

introduced into interstate commerce on 

or after January 1, 2018. If any food 

labeling regulation involves special 

circumstances that justify a compliance 

date other than January 1, 2018, we will 

determine for that regulation an 

appropriate compliance date, which 

will be specified when the final 

regulation is published. 

II. Comments 

Interested persons may submit either 

electronic comments regarding this 

document to http://www.regulations.gov 

or written comments to the Division of 

Dockets Management (see ADDRESSES). It 

is only necessary to send one set of 

comments. Identify comments with the 

docket number found in brackets in the 

heading of this document. Received 

comments 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. 

Dated: December 4, 2014. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2014–28829 Filed 12–9–14; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0123; FRL–9920–13– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 73203 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the Environmental 

Protection Agency (EPA) is withdrawing 

the October 17, 2014, direct final rule 

approving a revision to the Illinois State 

Implementation Plan (SIP) to phase out 

the requirements of the Stage II Vapor 

Recovery program. 

DATES: The direct final rule published at 

79 FR 62352 on October 17, 2014, is 

withdrawn effective December 10, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Mobile Source 

Program Manager, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Illinois Environmental Protection 

Agency submitted this revision as a 

modification to the SIP for gasoline 

vapor recovery requirements. In the 

direct final rule, EPA stated that if 

adverse comments were submitted by 

November 17, 2014, the rule would be 

withdrawn and not take effect. On 

October 20, 2014, EPA received an 

adverse comment and, therefore, is 

withdrawing the direct final rule. EPA 

will address the comment in a 

subsequent final action based upon the 

proposed action also published on 

October 17, 2014. EPA will not institute 

a second comment period on this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Oxides of nitrogen, Ozone, 

Volatile organic compounds. 

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

Dated: November 24, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

Accordingly, the amendment to 40 

CFR 52.720 published in the Federal 

Register on October 17, 2014 (79 FR 

62352) on page 62356 is withdrawn 

effective December 10, 2014. 

[FR Doc. 2014–28803 Filed 12–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0480; FRL–9919–76– 

Region 9] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

South Coast Air Quality Management 

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 

Antelope Valley Air Quality 

Management District (AVAQMD) and 

South Coast Air Quality Management 

District (SCAQMD) portions of the 

California State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM) emissions from 

fugitive dust and abrasive blasting. We 

are approving local rules that regulate 

these emission sources under the Clean 

Air Act (CAA or the Act). 

DATES: This rule is effective on February 

9, 2015 without further notice, unless 

EPA receives adverse comments by 

January 9, 2015. 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–2014–0480, 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 94105–3901. 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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

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 

rule revisions? 

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 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resource Board. 


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