Regulation of Fuels and Fuel Additives: Extension of Compliance and Attest Engagement Reporting Deadlines for 2013 Renewable Fuel Standards, 34242-34245 [2014-14019]
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Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations
1. The authority citation for Part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(342)(i)(D)(2) to
read as follows:
■
§ 52.220
Identification of plan.
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(c) * * *
(342) * * *
(i) * * *
(D) * * *
(2) Rule 502, ‘‘Conservation
Management Practices,’’ adopted on July
7, 2005.
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[FR Doc. 2014–13853 Filed 6–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2013–0479; FRL–9912–00–
OAR]
RIN 2060–AS25
Regulation of Fuels and Fuel
Additives: Extension of Compliance
and Attest Engagement Reporting
Deadlines for 2013 Renewable Fuel
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action on
two components of its annual
rulemaking to establish the 2014
renewable fuels standards under Clean
Air Act 211(o). The two components are
an extension of the compliance
demonstration deadline for the 2013
renewable fuel standards, and the
associated deadline for submission of
attest engagement reports for the 2013
renewable fuel standards. The new
deadlines are September 30, 2014 and
January 30, 2015, respectively. This
action ensures timely amendment of
existing deadlines, before compliance
obligations would otherwise go into
effect. The EPA intends to finalize the
remaining portion of its rulemaking to
establish the 2014 renewable fuel
standards shortly.
DATES: This rule is effective June 16,
2014.
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SUMMARY:
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The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2013–0479. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Julia
MacAllister, Office of Transportation
and Air Quality, Assessment and
Standards Division, Environmental
Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; Telephone
number: 734–214–4131; Fax number:
734–214–4816; Email address:
macallister.julia@epa.gov, or the public
information line for the Office of
Transportation and Air Quality;
telephone number (734) 214–4333;
Email address OTAQ@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
I. Background and Purpose
The EPA is today taking action to
amend existing regulatory deadlines for
obligated parties under the Renewable
Fuel Standards (RFS) program to submit
reports demonstrating their compliance
with the 2013 RFS percentage
standards, and to submit corresponding
attest engagement reports.
We received comments on our
November 29, 2013 proposed
rulemaking to establish the 2014 RFS
standards 1 reiterating the importance to
obligated parties of knowing their RFS
obligations for 2014 prior to the
compliance demonstration deadline for
the 2013 RFS standards. The EPA
recognized the value of this timing to
obligated parties in the 2013 standards
final rule, and for that reason delayed
the normally applicable February 28,
2014 compliance demonstration
deadline to June 30, 2014 for the 2013
RFS standards.2 We reasoned at that
time that an extension to June 30, 2014
1 78
2 78
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FR 49794, 49800 (August 15, 2013).
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would be sufficient in light of the
expected date of issuance of the 2014
annual RFS rule.
However, in light of the fact that the
EPA has not yet issued the 2014 annual
standards rule, we believe it is
appropriate to provide a further
extension of the 2013 compliance
demonstration deadline. The new
deadline is September 30, 2014.
Additionally, we are extending the
deadline for submitting the
corresponding attest engagement reports
to January 30, 2015. Although these
regulatory changes were not specifically
proposed in the 2014 annual standards
rule, we believe that they are
appropriate as a logical outgrowth of the
proposed rule. The EPA received several
comments on the proposed rule
emphasizing the need for the EPA to
promulgate the 2014 RFS standards
quickly and the need for obligated
parties to know their obligations for the
following year when finalizing their
2013 compliance demonstrations. As
noted above, the EPA itself recognized
the value to obligated parties of
knowing their obligations for 2014 prior
to having to demonstrate compliance
with their 2013 RFS requirements. This
is because, once the 2014 RFS standards
are known, obligated parties may choose
to consider the impact of the new
standards on their 2013 RFS compliance
approach, including how many 2013
Renewable Identification Numbers
(RINs) they can carry-forward (there is
a 20% limit based on the 2014 standard)
for purposes of complying with the 2014
RFS standards.
The 2014 RFS rulemaking has been
more time consuming than originally
anticipated, involving receipt of over
300,000 comments, concerning
numerous specific issues related to the
2014 standards which the EPA needs,
and wishes, to thoroughly consider and
respond to. Given the need for the EPA
to weigh these issues carefully, prior to
taking final action on the 2014 RFS
standards, the EPA believes it best to
further extend the existing June 30, 2014
compliance demonstration deadline and
associated attest engagement report
deadline for the 2013 RFS standards.
While we do not believe that the EPA
is constrained legally to extend the
deadline, we do believe it is appropriate
to do so in this instance. It will allow
the EPA time to complete its work on
the 2014 renewable fuel standards rule
in a thorough manner, while also
providing time between the expected
date of finalizing that rule and the new
2013 compliance deadline which will
be helpful to obligated parties. While
this final rule is a logical outgrowth of
the 2014 RFS proposed rule, and the
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circumstances of completing that rule,
the EPA needs to take final action on
this rule separately from the other
aspects of the 2014 rule, in order that
the actions taken in this rule are
effective prior to the existing 2013 RFS
standards compliance deadline of June
30, 2014.
We are setting the effective date for
this rule as the date that it is published
in the Federal Register. Section 553(d)
of the Administrative Procedure Act
(APA), generally provides that rules
may not take effect earlier than 30 days
after they are published in the Federal
Register. However, the EPA is issuing
this final rule under CAA section
307(d), and that provision specifies that
the APA does not apply, with only
limited exceptions that do not include
Section 553(d). The EPA is nevertheless
acting consistently with the policies
underlying APA section 553(d) in
making this rule effective on the date of
publication in the Federal Register. The
APA provides that the requirements of
section 553(d) do not apply where the
rule in question ‘‘relieves a restriction’’
or where the EPA finds and publishes
with the rule a determination that ‘‘good
cause’’ exists that warrants an
exception. We believe that the deadline
extensions finalized today will operate
to relieve restrictions, and that good
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cause exists for making this rule
effective prior to the deadlines currently
in effect for submission of the 2013
renewable fuel standards’ compliance
demonstration report and the associated
attest engagement reports, for the
reasons described above.
II. Affected Entities
Entities potentially affected by this
direct final rule are those involved with
the production, distribution, and sale of
transportation fuels, including gasoline
and diesel fuel or renewable fuels such
as ethanol and biodiesel. Potentially
regulated categories include:
Examples of potentially regulated entities
Petroleum Refineries.
Ethyl alcohol manufacturing.
Other basic organic chemical manufacturing.
Chemical and allied products merchant wholesalers.
Petroleum bulk stations and terminals.
Petroleum and petroleum products merchant wholesalers.
Other fuel dealers.
1 North
American Industry Classification System (NAICS).
2 Standard Industrial Classification (SIC) system code.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that the EPA is now
aware could be potentially regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
activities would be regulated by this
action, you should carefully examine
the applicability criteria in 40 CFR part
80. If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed in the preceding section.
III. Statutory and Executive Order
Reviews
emcdonald on DSK67QTVN1PROD with RULES
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Paperwork Reduction Act
There are no new information
collection requirements associated with
this rulemaking. The extension of the
existing regulatory deadlines for
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obligated parties under the Renewable
Fuel Standards (RFS) program impose
no new or different reporting
requirements on regulated parties. The
existing information collection requests
(ICR) that apply to the RFS program are
sufficient to address the reporting
requirements in the regulations.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for the EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedures Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
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city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s rule on small entities,
I certify that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule amends the existing regulatory
deadlines for obligated parties under the
Renewable Fuel Standards (RFS)
program to submit reports
demonstrating their compliance with
the 2013 RFS percentage standards, and
to submit corresponding attest
engagement reports. This action ensures
timely amendment of existing
deadlines, before compliance
obligations would otherwise go into
effect. The impacts of the RFS2 program
on small entities were already addressed
in the RFS2 final rule promulgated on
March 26, 2010 (75 FR 14670), and this
rule will not impose any additional
requirements on small entities beyond
those already analyzed.
D. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for State, local, or tribal
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Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations
governments or the private sector.
Therefore, this action is not subject to
the requirements of sections 202 or 205
of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
rule only applies to gasoline, diesel, and
renewable fuel producers, importers,
distributors and marketers and merely
extends the otherwise applicable
reporting deadlines.
because it implements specific
standards established by Congress in
statutes (section 211(o) of the Clean Air
Act).
therefore will not cause emissions
increases from these sources.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This action
amends the existing regulatory
deadlines for obligated parties under the
Renewable Fuel Standards (RFS)
program to submit reports
demonstrating their compliance with
the 2013 RFS percentage standards, and
to submit corresponding attest
engagement reports. The new deadlines
only apply to gasoline, diesel, and
renewable fuel producers, importers,
distributors and marketers. Thus,
Executive Order 13132 does not apply
to this rule.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs the
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This rulemaking does not involve
technical standards. Therefore, the EPA
is not considering the use of any
voluntary consensus standards.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
emcdonald on DSK67QTVN1PROD with RULES
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This rule will be implemented at
the Federal level and affects
transportation fuel refiners, blenders,
marketers, distributors, importers,
exporters, and renewable fuel producers
and importers. Tribal governments
would be affected only to the extent
they purchase and use regulated fuels.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the EO has the potential to influence the
regulation. This action is not subject to
EO 13045 because it does not establish
an environmental standard intended to
mitigate health or safety risks and
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this rule
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This action does not relax
the control measures on sources
regulated by the RFS regulations and
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K. Congressional Review Act
IV. Statutory Authority
Statutory authority for this action
comes from sections 211 and 301(a) of
the Clean Air Act, 42 U.S.C 7545 and
7601(a).
List of Subjects in 40 CFR Part 80
Environmental protection,
Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel
additives, Gasoline, Imports, Oil
imports, Petroleum.
Dated: June 6, 2014.
Gina McCarthy,
Administrator.
For the reasons set forth in the
preamble, 40 CFR part 80 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: 42 U.S.C. 7414, 7521, 7542,
7545, and 7601(a).
2. Section 80.1451 is amended by
revising paragraph (a)(1)(xiv) to read as
follows:
■
§ 80.1451 What are the reporting
requirements under the RFS program?
(a) * * *
(1) * * *
(xiv) For the 2013 compliance year,
annual compliance reports shall be
submitted by September 30, 2014.
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3. Section 80.1464 is amended by
revising paragraph (g) to read as follows:
■
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§ 80.1464 What are the attest engagement
requirements under the RFS program?
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(g) For the 2013 compliance year,
reports required under this section shall
be submitted to EPA by January 30,
2015.
[FR Doc. 2014–14019 Filed 6–13–14; 8:45 am]
section to remove the expiration date
and republishes § 224.105 for the
convenience of the reader.
List of Subjects in 50 CFR Part 224
Endangered marine and anadromous
species.
Dated: June 10, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
For the reasons set out in the
preamble, 50 CFR part 224 is corrected
as follows:
50 CFR Part 224
[Docket No. 110819518–4477–03]
PART 224—ENDANGERED MARINE
AND ANADROMOUS SPECIES
RIN 0648–BB20
■
Correction; Restatement of Final Rule
To Remove the Sunset Provision of the
Final Rule Implementing Vessel Speed
Restrictions To Reduce the Threat of
Ship Collisions With North Atlantic
Right Whales
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendment.
AGENCY:
NMFS published a document
eliminating the expiration date (or
‘‘sunset clause’’) in regulations requiring
vessel speed restrictions to reduce the
likelihood of lethal vessel collisions
with North Atlantic right whales. The
DATES section in the preamble of that
document did not specify that the
expiration date of the original rule was
being removed. This document corrects
the DATES section to remove the
expiration date and republishes
§ 224.105 for the convenience of the
reader.
SUMMARY:
The expiration of 50 CFR
224.105, as published at 73 FR 60173
(October 10, 2008), is removed effective
December 6, 2013. The effective date of
this rule is December 6, 2013.
FOR FURTHER INFORMATION CONTACT:
Gregory Silber, Ph.D., Fishery Biologist,
Office of Protected Resources, NMFS, at
(301) 427–8402.
SUPPLEMENTARY INFORMATION: NMFS
published a document eliminating the
expiration date (or ‘‘sunset clause’’) in
regulations requiring vessel speed
restrictions to reduce the likelihood of
lethal vessel collisions with North
Atlantic right whales. The DATES section
in the preamble of that document did
not specify that the expiration date of
the original rule was being removed.
This document corrects the DATES
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DATES:
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1. The authority citation for 50 CFR
part 224 continues to read as follows:
Authority: 16 U.S.C. 1531–1543 and 16
U.S.C. 1361 et seq.
2. In part 224, republish section
224.105 to read as follows:
■
§ 224.105 Speed restrictions to protect
North Atlantic Right Whales.
(a) The following restrictions apply to:
All vessels greater than or equal to 65
ft (19.8 m) in overall length and subject
to the jurisdiction of the United States,
and all other vessels greater than or
equal to 65 ft (19.8 m) in overall length
entering or departing a port or place
subject to the jurisdiction of the United
States. These restrictions shall not apply
to U.S. vessels owned or operated by, or
under contract to, the Federal
Government. This exemption extends to
foreign sovereign vessels when they are
engaging in joint exercises with the U.S.
Department of the Navy. In addition,
these restrictions do not apply to law
enforcement vessels of a State, or
political subdivision thereof, when
engaged in law enforcement or search
and rescue duties.
(1) Southeast U.S. (south of St.
Augustine, FL to north of Brunswick,
GA): Vessels shall travel at a speed of 10
knots or less over ground during the
period of November 15 to April 15 each
year in the area bounded by the
following: Beginning at 31°27′00.0″ N–
080°51′36.0″ W; thence west to charted
mean high water line then south along
charted mean high water line and
inshore limits of COLREGS limit to a
latitude of 29°45′00.0″ N thence east to
29°45′00.0″ N–080°51′36.0″ W; thence
back to starting point. (Fig. 1).
(2) Mid-Atlantic U.S. (from north of
Brunswick, Georgia to Rhode Island):
Vessels shall travel 10 knots or less over
ground in the period November 1 to
April 30 each year:
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34245
(i) In the area bounded by the
following: 33°56′42.0″ N–077°31′30.0″
W; thence along a NW bearing of
313.26° True to charted mean high
water line then south along mean high
water line and inshore limits of
COLREGS limit to a latitude of
31°27′00.0″ N; thence east to 31°27′00.0″
N–080°51′36.0″ W; thence to 31°50′00.0″
N–080°33′12.0″ W; thence to 32°59′06.0″
N–078°50′18.0″ W; thence to 33°28′24.0″
N–078°32′30.0″ W; thence to 33°36′30.0″
N–077°47′06.0″ W; thence back to
starting point.;
(ii) Within a 20-nm (37 km) radius (as
measured seaward from COLREGS
delineated coast lines and the center
point of the port entrance) (Fig. 2) at the
(A) Ports of New York/New Jersey:
40°29′42.2″ N–073°55′57.6″ W;
(B) Delaware Bay (Ports of
Philadelphia and Wilmington):
38°52′27.4″ N–075°01′32.1″ W;
(C) Entrance to the Chesapeake Bay
(Ports of Hampton Roads and
Baltimore): 37°00′36.9″ N–075°57′50.5″
W; and
(D) Ports of Morehead City and
Beaufort, NC: 34°41′32.0″ N–
076°40′08.3″ W; and
(iii) In Block Island Sound, in the area
bounded by the following coordinates:
Beginning at 40°51′53.7″ N–70°36′44.9″
W; thence to 41°20′14.1″ N–70°49′44.1″
W; thence to 41°04′16.7″ N–71°51′21.0″
W; thence to 40°35′56.5″ N–71°38′25.1″
W; thence back to starting point. (Fig. 2).
(3) Northeast U.S. (north of Rhode
Island):
(i) In Cape Cod Bay, MA: Vessels shall
travel at a speed of 10 knots or less over
ground during the period of January 1
to May 15 in Cape Cod Bay, in an area
beginning at 42°04′56.5″ N–070°12′00.0″
W; thence north to 42°12′00.0″ N–
070°12′00.0″ W; thence due west to
charted mean high water line; thence
along charted mean high water within
Cape Cod Bay back to beginning point.
(Fig. 3).
(ii) Off Race Point: Vessels shall travel
at a speed of 10 knots or less over
ground during the period of March 1 to
April 30 each year in waters bounded by
straight lines connecting the following
points in the order stated (Fig. 3):
42°30′00.0″ N–069°45′00.0″ W; thence to
42°30′00.0″ N–070°30′00.0″ W; thence to
42°12′00.0″ N–070°30′00.0″ W; thence to
42°12′00.0″ N–070°12′00.0″ W; thence to
42°04′56.5″ N–070°12′00.0″ W; thence
along charted mean high water line and
inshore limits of COLREGS limit to a
latitude of 41°40′00.0″ N; thence due
east to 41°41′00.0″ N–069°45′00.0″ W;
thence back to starting point.
(iii) Great South Channel: Vessels
shall travel at a speed of 10 knots or less
over ground during the period of April
E:\FR\FM\16JNR1.SGM
16JNR1
Agencies
[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34242-34245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14019]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2013-0479; FRL-9912-00-OAR]
RIN 2060-AS25
Regulation of Fuels and Fuel Additives: Extension of Compliance
and Attest Engagement Reporting Deadlines for 2013 Renewable Fuel
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on two components of its annual rulemaking to establish the 2014
renewable fuels standards under Clean Air Act 211(o). The two
components are an extension of the compliance demonstration deadline
for the 2013 renewable fuel standards, and the associated deadline for
submission of attest engagement reports for the 2013 renewable fuel
standards. The new deadlines are September 30, 2014 and January 30,
2015, respectively. This action ensures timely amendment of existing
deadlines, before compliance obligations would otherwise go into
effect. The EPA intends to finalize the remaining portion of its
rulemaking to establish the 2014 renewable fuel standards shortly.
DATES: This rule is effective June 16, 2014.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2013-0479. All documents in the docket are
listed in the www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air and
Radiation Docket and Information Center, EPA/DC, EPA West, Room 3334,
1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; Telephone number: 734-214-4131; Fax number: 734-214-4816; Email
address: macallister.julia@epa.gov, or the public information line for
the Office of Transportation and Air Quality; telephone number (734)
214-4333; Email address OTAQ@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
The EPA is today taking action to amend existing regulatory
deadlines for obligated parties under the Renewable Fuel Standards
(RFS) program to submit reports demonstrating their compliance with the
2013 RFS percentage standards, and to submit corresponding attest
engagement reports.
We received comments on our November 29, 2013 proposed rulemaking
to establish the 2014 RFS standards \1\ reiterating the importance to
obligated parties of knowing their RFS obligations for 2014 prior to
the compliance demonstration deadline for the 2013 RFS standards. The
EPA recognized the value of this timing to obligated parties in the
2013 standards final rule, and for that reason delayed the normally
applicable February 28, 2014 compliance demonstration deadline to June
30, 2014 for the 2013 RFS standards.\2\ We reasoned at that time that
an extension to June 30, 2014 would be sufficient in light of the
expected date of issuance of the 2014 annual RFS rule.
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\1\ 78 FR 71732 (November 29, 2013).
\2\ 78 FR 49794, 49800 (August 15, 2013).
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However, in light of the fact that the EPA has not yet issued the
2014 annual standards rule, we believe it is appropriate to provide a
further extension of the 2013 compliance demonstration deadline. The
new deadline is September 30, 2014. Additionally, we are extending the
deadline for submitting the corresponding attest engagement reports to
January 30, 2015. Although these regulatory changes were not
specifically proposed in the 2014 annual standards rule, we believe
that they are appropriate as a logical outgrowth of the proposed rule.
The EPA received several comments on the proposed rule emphasizing the
need for the EPA to promulgate the 2014 RFS standards quickly and the
need for obligated parties to know their obligations for the following
year when finalizing their 2013 compliance demonstrations. As noted
above, the EPA itself recognized the value to obligated parties of
knowing their obligations for 2014 prior to having to demonstrate
compliance with their 2013 RFS requirements. This is because, once the
2014 RFS standards are known, obligated parties may choose to consider
the impact of the new standards on their 2013 RFS compliance approach,
including how many 2013 Renewable Identification Numbers (RINs) they
can carry-forward (there is a 20% limit based on the 2014 standard) for
purposes of complying with the 2014 RFS standards.
The 2014 RFS rulemaking has been more time consuming than
originally anticipated, involving receipt of over 300,000 comments,
concerning numerous specific issues related to the 2014 standards which
the EPA needs, and wishes, to thoroughly consider and respond to. Given
the need for the EPA to weigh these issues carefully, prior to taking
final action on the 2014 RFS standards, the EPA believes it best to
further extend the existing June 30, 2014 compliance demonstration
deadline and associated attest engagement report deadline for the 2013
RFS standards. While we do not believe that the EPA is constrained
legally to extend the deadline, we do believe it is appropriate to do
so in this instance. It will allow the EPA time to complete its work on
the 2014 renewable fuel standards rule in a thorough manner, while also
providing time between the expected date of finalizing that rule and
the new 2013 compliance deadline which will be helpful to obligated
parties. While this final rule is a logical outgrowth of the 2014 RFS
proposed rule, and the
[[Page 34243]]
circumstances of completing that rule, the EPA needs to take final
action on this rule separately from the other aspects of the 2014 rule,
in order that the actions taken in this rule are effective prior to the
existing 2013 RFS standards compliance deadline of June 30, 2014.
We are setting the effective date for this rule as the date that it
is published in the Federal Register. Section 553(d) of the
Administrative Procedure Act (APA), generally provides that rules may
not take effect earlier than 30 days after they are published in the
Federal Register. However, the EPA is issuing this final rule under CAA
section 307(d), and that provision specifies that the APA does not
apply, with only limited exceptions that do not include Section 553(d).
The EPA is nevertheless acting consistently with the policies
underlying APA section 553(d) in making this rule effective on the date
of publication in the Federal Register. The APA provides that the
requirements of section 553(d) do not apply where the rule in question
``relieves a restriction'' or where the EPA finds and publishes with
the rule a determination that ``good cause'' exists that warrants an
exception. We believe that the deadline extensions finalized today will
operate to relieve restrictions, and that good cause exists for making
this rule effective prior to the deadlines currently in effect for
submission of the 2013 renewable fuel standards' compliance
demonstration report and the associated attest engagement reports, for
the reasons described above.
II. Affected Entities
Entities potentially affected by this direct final rule are those
involved with the production, distribution, and sale of transportation
fuels, including gasoline and diesel fuel or renewable fuels such as
ethanol and biodiesel. Potentially regulated categories include:
----------------------------------------------------------------------------------------------------------------
NAICS \1\ Examples of potentially
Category Codes SIC \2\ Codes regulated entities
----------------------------------------------------------------------------------------------------------------
Industry...................................... 324110 2911 Petroleum Refineries.
Industry...................................... 325193 2869 Ethyl alcohol manufacturing.
Industry...................................... 325199 2869 Other basic organic chemical
manufacturing.
Industry...................................... 424690 5169 Chemical and allied products
merchant wholesalers.
Industry...................................... 424710 5171 Petroleum bulk stations and
terminals.
Industry...................................... 424720 5172 Petroleum and petroleum products
merchant wholesalers.
Industry...................................... 454319 5989 Other fuel dealers.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the EPA is now
aware could be potentially regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your activities would be regulated by this action, you should
carefully examine the applicability criteria in 40 CFR part 80. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding section.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
There are no new information collection requirements associated
with this rulemaking. The extension of the existing regulatory
deadlines for obligated parties under the Renewable Fuel Standards
(RFS) program impose no new or different reporting requirements on
regulated parties. The existing information collection requests (ICR)
that apply to the RFS program are sufficient to address the reporting
requirements in the regulations.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's rule on small
entities, I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This rule amends the
existing regulatory deadlines for obligated parties under the Renewable
Fuel Standards (RFS) program to submit reports demonstrating their
compliance with the 2013 RFS percentage standards, and to submit
corresponding attest engagement reports. This action ensures timely
amendment of existing deadlines, before compliance obligations would
otherwise go into effect. The impacts of the RFS2 program on small
entities were already addressed in the RFS2 final rule promulgated on
March 26, 2010 (75 FR 14670), and this rule will not impose any
additional requirements on small entities beyond those already
analyzed.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal
[[Page 34244]]
governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule only
applies to gasoline, diesel, and renewable fuel producers, importers,
distributors and marketers and merely extends the otherwise applicable
reporting deadlines.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action amends the existing
regulatory deadlines for obligated parties under the Renewable Fuel
Standards (RFS) program to submit reports demonstrating their
compliance with the 2013 RFS percentage standards, and to submit
corresponding attest engagement reports. The new deadlines only apply
to gasoline, diesel, and renewable fuel producers, importers,
distributors and marketers. Thus, Executive Order 13132 does not apply
to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule will
be implemented at the Federal level and affects transportation fuel
refiners, blenders, marketers, distributors, importers, exporters, and
renewable fuel producers and importers. Tribal governments would be
affected only to the extent they purchase and use regulated fuels.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks and because it
implements specific standards established by Congress in statutes
(section 211(o) of the Clean Air Act).
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This rulemaking does not involve technical standards. Therefore,
the EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action does not relax the control measures on sources
regulated by the RFS regulations and therefore will not cause emissions
increases from these sources.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
IV. Statutory Authority
Statutory authority for this action comes from sections 211 and
301(a) of the Clean Air Act, 42 U.S.C 7545 and 7601(a).
List of Subjects in 40 CFR Part 80
Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum.
Dated: June 6, 2014.
Gina McCarthy,
Administrator.
For the reasons set forth in the preamble, 40 CFR part 80 is
amended as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).
0
2. Section 80.1451 is amended by revising paragraph (a)(1)(xiv) to read
as follows:
Sec. 80.1451 What are the reporting requirements under the RFS
program?
(a) * * *
(1) * * *
(xiv) For the 2013 compliance year, annual compliance reports shall
be submitted by September 30, 2014.
* * * * *
0
3. Section 80.1464 is amended by revising paragraph (g) to read as
follows:
[[Page 34245]]
Sec. 80.1464 What are the attest engagement requirements under the
RFS program?
* * * * *
(g) For the 2013 compliance year, reports required under this
section shall be submitted to EPA by January 30, 2015.
[FR Doc. 2014-14019 Filed 6-13-14; 8:45 am]
BILLING CODE 6560-50-P