Approval and Promulgation of Implementation Plans; Texas; Beaumont/Port Arthur Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets, 7672-7674 [2013-02237]
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Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations
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§ 165.T07–0828 Safety Zone; Indian Street
Bridge Construction, St. Lucie Canal, Palm
City, FL.
ENVIRONMENTAL PROTECTION
AGENCY
(a) Regulated Area. The following
regulated area is a safety zone. All
waters of the St. Lucie Canal, Palm City,
FL surrounding the Indian Street Bridge
bounded by the following positions:
starting at point 1 in position 27°09′36″
N, 80°15′06″ W; thence southeast across
the canal to position 2 in position
27°09′35″ N, 80°15′04″ W; thence
southwest along the shoreline to
position 3 in position 27°09′29″ N,
80°15′07″ W; thence northwest across
the canal to position 4 in position
27°09′30″ N, 80°15′09″ W; then
northeast along the shoreline back to
point of origin.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Miami or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port Miami by
telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 10 a.m. February 11, 2013
through 4 p.m. March 11, 2013.
40 CFR Part 52
Dated: January 15, 2013.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2013–02308 Filed 2–1–13; 8:45 am]
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[EPA–R06–OAR–2012–0435; FRL–9775–2]
Approval and Promulgation of
Implementation Plans; Texas;
Beaumont/Port Arthur Ozone
Maintenance Plan Revision to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a revision to
the Beaumont/Port Arthur (BPA) 1997
8-hour ozone maintenance air quality
State Implementation Plan (SIP) which
replaces the previously approved motor
vehicle emissions budgets (budgets)
with budgets developed using EPA’s
Motor Vehicle Emissions Simulator
(MOVES) 2010a emissions model. The
BPA 1997 8-hour ozone maintenance
area consists of Hardin, Jefferson, and
Orange Counties in Texas.
DATES: This final rule is effective on
March 6, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2012–0435. All documents in the docket
are listed at www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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 Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
Contact the person listed in the FOR
SUMMARY:
FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
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The State submittal is also available
for public inspection during official
business hours, by appointment, at the
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
Mr.
Jeffrey Riley, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–8542; fax number
214–665–6762; email address
riley.jeffrey@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. What is the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
The background for today’s action is
discussed in detail in our September 19,
2012 proposal (77 FR 58058). In that
notice, we proposed to approve a
revision to the BPA 1997 8-hour ozone
maintenance air quality SIP by replacing
the previously approved motor vehicle
emissions budgets, developed with
EPA’s MOBILE 6.2 model, with budgets
developed using EPA’s more current
Motor Vehicle Emissions Simulator
(MOVES) 2010a emissions model. At
the time of our proposal, Texas had
provided for public review and
comment of the SIP revision at the state
level. Subsequently, the State adopted
the revision and submitted it to us on
December 10, 2012.
An air quality maintenance plan is
required to show that an area will
continue to maintain attainment of the
applicable standard taking into account
projections of future emissions. Our
approval means that EPA is finding that
Beaumont’s ozone air quality
maintenance plan still demonstrates
that the area will maintain attainment of
the 1997 ozone national ambient air
quality standard through the year 2021
while taking into account the revised
emissions from the MOVES model. The
motor vehicle emissions budgets are the
amount of emissions from on-road
motor vehicles that are consistent with
the maintenance plan. Once EPA
approves the submitted budgets, they
must be used by local, state and Federal
agencies in determining whether
transportation activities conform to the
SIP as required by section 176(c) of the
Clean Air Act (CAA) and 40 CFR 93.102.
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EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
The State public comment period for
merely approves state law as meeting
this SIP revision was from June 29,
Federal requirements and does not
2012, until August 3, 2012. A public
impose additional requirements beyond
hearing was offered but was not
those imposed by state law. For that
requested. No public comments were
reason, this action:
received by Texas during the comment
• Is not a ‘‘significant regulatory
period.
action’’ subject to review by the Office
The Federal Register proposing
of Management and Budget under
approval of this SIP revision was
Executive Order 12866 (58 FR 51735,
published on September 19, 2012, and
October 4, 1993);
the public comment period closed on
• Does not impose an information
October 19, 2012. EPA received three
collection burden under the provisions
comment letters. However, one
of the Paperwork Reduction Act (44
comment letter is not related to EPA’s
proposal and is outside the scope of this U.S.C. 3501 et seq.);
• Is certified as not having a
action. Therefore, EPA is responding
significant economic impact on a
only to the two comments that are
relevant to this action. Those comments substantial number of small entities
under the Regulatory Flexibility Act (5
expressed support of EPA’s approval of
this SIP revision and were submitted by U.S.C. 601 et seq.);
• Does not contain any unfunded
the Texas Commission on
mandate or significantly or uniquely
Environmental Quality, Austin;
affect small governments, as described
Executive Director, and the 8-Hour
in the Unfunded Mandates Reform Act
Ozone SIP Coalition, Austin; Project
of 1995 (Pub. L. 104–4);
Coordinator. EPA appreciates the
• Does not have Federalism
support for this action. The comment
implications as specified in Executive
letters are available for review in the
Order 13132 (64 FR 43255, August 10,
docket for this rulemaking.
1999);
III. What action is EPA taking?
• Is not an economically significant
regulatory action based on health or
EPA is approving as a SIP revision
new MOVES2010a-based budgets for the safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
Beaumont/Port Arthur 1997 ozone
• Is not a significant regulatory action
maintenance area because the submitted
budgets will continue to keep emissions subject to Executive Order 13211 (66 FR
below the attainment level and maintain 28355, May 22, 2001);
• Is not subject to requirements of
air quality. On the effective date of this
Section 12(d) of the National
rulemaking, the submitted
Technology Transfer and Advancement
MOVES2010a budgets will replace the
Act of 1995 (15 U.S.C. 272 note) because
existing, MOBILE6.2-based budgets in
application of those requirements would
the state’s 1997 8-hour ozone
be inconsistent with the CAA; and
maintenance plan and will be used in
• Does not provide EPA with the
future transportation conformity
discretionary authority to address, as
analyses for the area. The previously
appropriate, disproportionate human
approved MOBILE6.2 budgets will no
health or environmental effects, using
longer be applicable for transportation
practicable and legally permissible
conformity purposes.
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
BEAMONT/PORT ARTHUR
In addition, this rule does not have
MOVES2010a-BASED 8-Hr OZONE
tribal implications as specified by
MVEBS (TPD)
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
VOC
NOX
Budget year
MVEB
MVEB
not approved to apply in Indian country
located in the state, and EPA notes that
2021 ..........................
9.7
3.9
it will not impose substantial direct
costs on tribal governments or preempt
IV. Statutory and Executive Order
tribal law.
Reviews
The Congressional Review Act, 5
Under the CAA, the Administrator is
U.S.C. 801 et seq., as added by the Small
required to approve a SIP submission
Business Regulatory Enforcement
that complies with the provisions of the Fairness Act of 1996, generally provides
Act and applicable Federal regulations.
that before a rule may take effect, the
42 U.S.C. 7410(k); 40 CFR 52.02(a).
agency promulgating the rule must
Thus, in reviewing SIP submissions,
submit a rule report, which includes a
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II. What public comments were
received?
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7673
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 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 20, 2012. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: January 16, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. Section 52.2270(e) is amended by
adding an entry for On-Road Mobile
Source Emissions Inventory and Motor
Vehicle Emissions Budget Update at the
end of the second table titled ‘‘EPA
Approved Nonregulatory Provisions and
Quasi-Regulatory Measures in the Texas
SIP’’ as follows:
■
§ 52.2270
Identification of plan.
*
*
*
*
(e) * * *
*
*
*
*
*
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Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
State
submittal/
effective
date
Applicable geographic or nonattainment area
*
*
*
On-Road Mobile Source Emis- Beaumont/Port Arthur, TX .....
sions Inventory and Motor
Vehicle Emissions Budget
Update.
*
12/10/2012
EPA approval date
*
*
*
2/4/2013 [Insert citation of
MOVES update to motor vepublication in Federal Reghicle emissions budgets.
ister].
[Docket No. CDC–2011–0007]
IV. Required Regulatory Analyses Under
Executive Orders 13563 and 12866 and
Regulatory Flexibility Act
V. Other Administrative Requirements
A. Paperwork Reduction Act of 1995
B. Executive Order 12988, Civil Justice
Reform and Executive Order 13132,
Federalism
C. Plain Language in Government Writing
42 CFR Part 71
I. Background
RIN 0920–AA37
On October 14, 2011, we published a
proposed rule in the Federal Register
(76 FR 63891) to clarify regulatory
definitions, ensure adequate biosafety
measures, increase oversight through
inspections, to address permit
exemptions and transportation
requirements, and to describe an appeal
process. The proposed rule provided a
60-day public comment period that
ended on December 13, 2011.
This final rule contains provisions
that apply to a variety of entities
including academic institutions and
biomedical centers, commercial
manufacturing facilities, Federal, State,
and local laboratories, including clinical
and diagnostic laboratories, research
facilities, exhibition facilities, and
educational facilities.
[FR Doc. 2013–02237 Filed 2–1–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Foreign Quarantine; Import
Regulations for Infectious Biological
Agents, Infectious Substances, and
Vectors
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Final rule.
AGENCY:
The Centers for Disease
Control and Prevention (CDC) within
the Department of Health and Human
Services (HHS) is issuing this final rule
amending the regulations regarding the
importation of infectious biological
agents, infectious substances, and
vectors. The amendments improve
HHS/CDC’s ability to prevent the
introduction, transmission, or spread of
communicable diseases into the United
States.
DATES: The final rule is effective April
5, 2013.
FOR FURTHER INFORMATION CONTACT:
Robbin Weyant, Ph.D., Director,
Division of Select Agents and Toxins,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE., MS
A–46, Atlanta, GA 30333. Telephone:
404–718–2000.
SUPPLEMENTARY INFORMATION: The
preamble is organized as follows:
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
I. Background
II. Statutory Authority
III. Responses to Public Comments
A. Definitions
B. Infectious Biological Agent
C. Biosafety
D. Permit Exemptions
E. Transportation
F. Subsequent Transfer
G. Miscellaneous
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II. Statutory Authority
This final rule is issued under the
authority of Section 361 of the Public
Health Service Act (PHS Act) (42 U.S.C.
264). This provision authorizes the
Health and Human Services (HHS)
Secretary to make and enforce such
regulations as in her judgment are
necessary to prevent the introduction,
transmission, or spread of
communicable diseases from foreign
countries into the States or possessions
of the United States and from one State
or possession into any other State or
possession. For purposes of carrying out
and enforcing such regulations, the HHS
Secretary may authorize a variety of
public health measures, including
inspection, fumigation, disinfection,
sanitation, pest extermination,
destruction of animals or articles found
to be sources of dangerous infection to
human beings, and other measures.
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Comments
The Foreign Quarantine regulations
(42 CFR part 71) set forth provisions to
prevent the introduction, transmission,
and spread of communicable disease
from foreign countries into the United
States. Part 71, Subpart F (Importations)
contains provisions for importation of
etiological agents, hosts, and vectors (42
CFR 71.54), requiring persons to obtain
a permit issued by the CDC before
importing, or distributing after import,
any of these materials.
III. Responses to Public Comment
We received nine comments from
academic, private and government
facilities. The comments are discussed
below.
A. Definitions
Commenters requested clarification
about whether the definition of ‘‘vector’’
should (1) include an exemption for
animals meant for a zoo, (2) address
pelts or other objects meant for museum
use or (3) limit the definition to the
importation of live animals. Prior to
entry into the United States and
regardless of the purpose for the
importation, a permit will continue to
be required for any live animal or
animal product (e.g., a mount, rug, or
other display item composed of the
hide, hair, skull, teeth, bones, or claws
of an animal) unless (1) the animal or
animal product is not known to transfer
or to be capable of transferring an
infectious biological agent to a human
or (2) the animal product has been
rendered noninfectious. The
documentation may include a statement
from a treating veterinarian, statement
from a medical facility, medical
certificate, or in the case of an animal
product, documentary evidence, such as
a veterinary or taxidermy certificate,
describing how the material had been
treated to render it noninfectious. Any
live animal or animal product imported
for scientific, educational or exhibition
purposes (e.g., bats and bat products)
will also continue to require a permit,
unless accompanied by documentation
indicating that the animal or animal
product is not known to transfer or to
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]]>Agencies
[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Rules and Regulations]
[Pages 7672-7674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02237]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0435; FRL-9775-2]
Approval and Promulgation of Implementation Plans; Texas;
Beaumont/Port Arthur Ozone Maintenance Plan Revision to Approved Motor
Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Beaumont/Port Arthur (BPA)
1997 8-hour ozone maintenance air quality State Implementation Plan
(SIP) which replaces the previously approved motor vehicle emissions
budgets (budgets) with budgets developed using EPA's Motor Vehicle
Emissions Simulator (MOVES) 2010a emissions model. The BPA 1997 8-hour
ozone maintenance area consists of Hardin, Jefferson, and Orange
Counties in Texas.
DATES: This final rule is effective on March 6, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR- 2012-0435. All documents in the docket
are listed at www.regulations.gov. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information 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
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 Freedom
of Information Act (FOIA) Review Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal holidays. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at 214-665-7253 to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a 15 cent per page fee for making photocopies of
documents. On the day of the visit, please check in at the EPA Region 6
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection during
official business hours, by appointment, at the Texas Commission on
Environmental Quality, Office of Air Quality, 12124 Park 35 Circle,
Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Riley, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-8542;
fax number 214-665-6762; email address riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. What is the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
The background for today's action is discussed in detail in our
September 19, 2012 proposal (77 FR 58058). In that notice, we proposed
to approve a revision to the BPA 1997 8-hour ozone maintenance air
quality SIP by replacing the previously approved motor vehicle
emissions budgets, developed with EPA's MOBILE 6.2 model, with budgets
developed using EPA's more current Motor Vehicle Emissions Simulator
(MOVES) 2010a emissions model. At the time of our proposal, Texas had
provided for public review and comment of the SIP revision at the state
level. Subsequently, the State adopted the revision and submitted it to
us on December 10, 2012.
An air quality maintenance plan is required to show that an area
will continue to maintain attainment of the applicable standard taking
into account projections of future emissions. Our approval means that
EPA is finding that Beaumont's ozone air quality maintenance plan still
demonstrates that the area will maintain attainment of the 1997 ozone
national ambient air quality standard through the year 2021 while
taking into account the revised emissions from the MOVES model. The
motor vehicle emissions budgets are the amount of emissions from on-
road motor vehicles that are consistent with the maintenance plan. Once
EPA approves the submitted budgets, they must be used by local, state
and Federal agencies in determining whether transportation activities
conform to the SIP as required by section 176(c) of the Clean Air Act
(CAA) and 40 CFR 93.102.
[[Page 7673]]
II. What public comments were received?
The State public comment period for this SIP revision was from June
29, 2012, until August 3, 2012. A public hearing was offered but was
not requested. No public comments were received by Texas during the
comment period.
The Federal Register proposing approval of this SIP revision was
published on September 19, 2012, and the public comment period closed
on October 19, 2012. EPA received three comment letters. However, one
comment letter is not related to EPA's proposal and is outside the
scope of this action. Therefore, EPA is responding only to the two
comments that are relevant to this action. Those comments expressed
support of EPA's approval of this SIP revision and were submitted by
the Texas Commission on Environmental Quality, Austin; Executive
Director, and the 8-Hour Ozone SIP Coalition, Austin; Project
Coordinator. EPA appreciates the support for this action. The comment
letters are available for review in the docket for this rulemaking.
III. What action is EPA taking?
EPA is approving as a SIP revision new MOVES2010a-based budgets for
the Beaumont/Port Arthur 1997 ozone maintenance area because the
submitted budgets will continue to keep emissions below the attainment
level and maintain air quality. On the effective date of this
rulemaking, the submitted MOVES2010a budgets will replace the existing,
MOBILE6.2-based budgets in the state's 1997 8-hour ozone maintenance
plan and will be used in future transportation conformity analyses for
the area. The previously approved MOBILE6.2 budgets will no longer be
applicable for transportation conformity purposes.
Beamont/Port Arthur MOVES2010a-Based 8-Hr Ozone MVEBs (tpd)
------------------------------------------------------------------------
Budget year NOX MVEB VOC MVEB
------------------------------------------------------------------------
2021............................................ 9.7 3.9
------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable 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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 20, 2012. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: January 16, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. Section 52.2270(e) is amended by adding an entry for On-Road Mobile
Source Emissions Inventory and Motor Vehicle Emissions Budget Update at
the end of the second table titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
* * * * *
[[Page 7674]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
On-Road Mobile Source Emissions Beaumont/Port 12/10/2012 2/4/2013 [Insert MOVES update to
Inventory and Motor Vehicle Arthur, TX. citation of motor vehicle
Emissions Budget Update. publication in emissions budgets.
Federal Register].
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[FR Doc. 2013-02237 Filed 2-1-13; 8:45 am]
BILLING CODE 6560-50-P
