[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Proposed Rules]
[Pages 66295-66296]
[FR Doc No: 2020-22127]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0370; FRL-10014-94-Region 4]

Air Plan Approval; KY; Updates to Attainment Status Designations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Kentucky, through the Kentucky Division for Air Quality
(KDAQ), on December 9, 2019. The SIP revision updates the description
and attainment status designations of geographic areas within the
Commonwealth for several National Ambient Air Quality Standards (NAAQS
or standards). The updates are being made to conform Kentucky's
attainment status tables with the federal attainment status
designations for these areas. EPA is proposing to approve Kentucky's
SIP revision because it is consistent with the Clean Air Act (CAA or
Act) and EPA's regulations.

DATES: Comments must be received on or before November 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0370 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Ms. Sanchez can also be reached via electronic mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Sections 108 and 109 of the CAA require EPA to set NAAQS for
criteria air pollutants (ozone (O3), particulate matter
(PM), carbon monoxide, lead, sulfur dioxide (SO2), and
nitrogen dioxide) and to undertake periodic review of these standards.
After EPA sets a new NAAQS or revises an existing standard, the CAA
requires EPA to determine if areas of the country meet the new
standards and to designate areas as either nonattainment, attainment,
or unclassifiable.\1\ Such designations inform the state's planning and
implementation of requirements to achieve and maintain the NAAQS for
each area within that state.
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    \1\ A nonattainment area is an area that does not meet (or that
contributes to ambient air quality in a nearby area that does not
meet) the NAAQS; an attainment area is an area that meets the NAAQS;
and an unclassifiable area is an area that cannot be classified on
the basis of available information as meeting or not meeting the
NAAQS. See CAA section 107(d)(1)(A).
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    Section 107(d) of the CAA governs the process for these initial
area designations. Under this process, states and tribes submit
recommendations to EPA as to whether or not an area is attaining the
NAAQS for criteria air pollutants. EPA then considers these
recommendations as part of its obligation to promulgate the area
designations for the new or revised NAAQS. EPA codifies its
designations for areas within each state in 40 CFR part 81.\2\ Under
section 107(d) of the CAA, a designation for an area remains in effect
until redesignated by EPA.
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    \2\ EPA's attainment status designations for Kentucky are found
at 40 CFR 81.318.
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    EPA is proposing to approve changes to Kentucky rule 401 Kentucky
Administrative Regulation (KAR) 51:010, Attainment status designations,
which update the description and attainment status designations of
geographic areas within the Commonwealth with regard to a number of
NAAQS. The Commonwealth of Kentucky last amended 401 KAR 51:010 in
2016.\3\ Since that time, EPA promulgated the 2015 8-hour ozone NAAQS
and redesignated several areas within the Commonwealth. Kentucky
amended 401 KAR 51:010 in 2019 by updating the attainment status
designations in Sections 7 through 9 for O3, PM less than
2.5 microns in diameter (PM2.5), and SO2 to
conform with EPA's attainment status designations in 40 CFR 81.318.
Regulation 401 KAR 51:010 has also been amended by making one minor
textual modification to the NECESSITY, FUNCTION, AND CONFORMITY
section. The SIP submittal containing the updated Kentucky regulation
can be found in the docket at www.regulations.gov and is summarized
below.
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    \3\ EPA approved those amendments into the SIP in 2018. See 83
FR 65088 (December 19, 2018).
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II. Analysis of the Kentucky Submittal

    On December 9, 2019, the Commonwealth of Kentucky, through KDAQ,
submitted a revision to the Kentucky SIP. EPA is proposing to approve
the December 9, 2019, submission which amends and updates the
attainment status designations for O3, PM2.5, and
SO2.
    The following are the specific changes made to Sections 7 through
9:

Section 7.--Attainment Status Designations for Ozone (O3)

    Table (4) was added to reflect the attainment status designation
and classification of areas in the Commonwealth of Kentucky for the
2015 8-hour primary and secondary O3 NAAQS.

Section 8.--Attainment Status Designations for PM2.5

    Table (1) was amended to reflect the attainment status designation
of areas in the Commonwealth of Kentucky for the 1997 annual primary
and secondary PM2.5 NAAQS.
    Table (2) was amended to reflect the attainment status designation
of areas for the 2012 annual PM2.5 primary NAAQS.

Section 9.--Attainment Status Designations for Sulfur Dioxide
(SO2)

    Table (2) was amended to reflect the attainment status designation
of areas in the Commonwealth of Kentucky for the 2010 primary
SO2 NAAQS.\4\
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    \4\ Although Kentucky's December 9, 2019, SIP revision predates
EPA's redesignation of the Jefferson County, Kentucky area to
attainment for the SO2 NAAQS, the table accurately
reflects the current status of that area. See 85 FR 47670 (August 6,
2020).
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    EPA has reviewed these changes to the Kentucky regulations for
attainment status designations and is proposing to find that these
changes are consistent with the attainment status designations in 40
CFR 81.318.
    In addition to the change of attainment status designations in

Sections 7 through 9 of 401 KAR 51:010, the SIP submittal includes a
minor textual modification to the NECESSITY, FUNCTION, AND CONFORMITY
section that changes the word ``requires'' to ``authorizes'' in the
first sentence.\5\
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    \5\ The revised sentence reads ``KRS 224.10-100(5) authorizes
the cabinet to promulgate administrative regulations for the
prevention, abatement, and control of air pollution. This
administrative regulation designates the status of all areas of the
Commonwealth of Kentucky with regard to attainment of the ambient
air quality standards.''
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III. Incorporation by Reference

    In this notice, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Kentucky regulation 401 KAR 51:010, Attainment status
designations, state effective November 19, 2019, which was revised to
be consistent with the federal attainment status designations for the
areas within the Commonwealth. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

IV. Proposed Action

    EPA is proposing to approve the Commonwealth's December 9, 2019,
SIP revision which contains updates to Kentucky regulation 401 KAR
51:010. The revised regulation amends and updates the attainment status
designations for O3, PM2.5, and SO2 to
conform with EPA's attainment status designations in 40 CFR 81.318. EPA
is proposing to approve these changes because they are consistent with
the CAA and EPA regulations.

V. 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. See 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. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: September 30, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-22127 Filed 10-16-20; 8:45 am]
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[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29247-29249]
[FR Doc No: 2012-11945]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2012-0058]
RIN 2127-AL07

Federal Motor Vehicle Safety Standards; Occupant Crash Protection

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule; technical amendments.

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SUMMARY: This final rule makes technical amendments to Federal Motor
Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection.
Specifically, this document updates references to the Pipeline and
Hazardous Materials Safety Administration (PHMSA) (formerly the
Research and Special Programs Administration) regulations that are
included in the requirements for pressure vessels and explosive devices
used in occupant crash protection systems, such as air bags. As a
result of various rulemakings that reorganized the relevant
regulations, the references contained in FMVSS No. 208 are out of date.
This final rule updates the references to the PHMSA regulations.
    This document also makes a correction to the air bag warning label
requirements for vehicle dashboards and steering wheel hubs to make
clear that the general warning label requirements for vehicles with air
bags are superseded by different, specific requirements if the vehicle
is certified to meet certain advanced air bag requirements. As written
now, the general warning label requirements contain an explicit
exception for the warning label requirements for vehicles certified to
meet these advanced air bag requirements before December 1, 2003, but
do not reference the warning label requirements for vehicles certified
to meet these requirements on or after December 1, 2003.
    This document does not make any substantive changes to the
requirements specified in FMVSS No. 208.

DATES: This rule is effective June 18, 2012.
    Petitions for reconsideration must be received by July 2, 2012.

ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr. William H. Shakely, Office of the
Chief Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Discussion

    FMVSS No. 208 (49 CFR 571.208) specifies requirements for the
protection of vehicle occupants in crashes and includes equipment
requirements for restraint systems. This document makes technical
amendments to several of the provisions within this standard,
specifically the requirements for pressure vessels and explosive
devices, which are located at S9.1 and S9.2, and the air bag warning
label requirements, which are located at S4.5.1.
    S9.1 and S9.2 were promulgated in 1972 with the purpose of
regulating occupant crash protection systems, such as air bags, that
contain explosive materials or pressure vessels by imposing directly on
manufacturers the obligation to conform to Federal hazardous materials
regulations.\1\ S9.1 specifies that pressure vessels shall conform to
certain requirements for Specification 39 non-reusable (non-refillable)
cylinders found at 49 CFR 178.65. S9.2 specifies requirements for
explosive devices and, in particular, requires that such devices not
exhibit any of the characteristics prohibited by the Federal regulation
listing forbidden explosives, which, at the time S9.2 was adopted, was
found at 49 CFR 173.51.
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    \1\ 37 FR 9222 (May 6, 1972).
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    Since S9.1 and S9.2 were adopted, the hazardous materials
regulations referenced in these paragraphs have

been reorganized and, in some cases, relocated. On December 21, 1990,
the regulation listing forbidden explosives (49 CFR 173.51) was
redesignated as 49 CFR 173.54.\2\ On May 23, 1996, the pressure vessel
requirements in 49 CFR 178.65 were reorganized,\3\ and on August 8,
2002, a subreferenced provision concerning pressure relief devices (49
CFR 173.34(d)) was moved into 49 CFR 173.301.\4\
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    \2\ Final Rule; Performance-Oriented Packaging Standards;
Changes to Classification, Hazard Communication, Packaging and
Handling Requirements Based on UN Standards and Agency Initiative,
55 FR 52402 (Dec. 21, 1990).
    \3\ Final Rule; Restructuring of Cylinder Specifications
Requirements, 61 FR 25940 (May 23, 1996).
    \4\ Final Rule; Hazardous Materials: Requirements for
Maintenance, Requalification, Repair and Use of DOT Specification
Cylinders, 67 FR 51626 (Aug. 8, 2002). 49 CFR 173.301 includes
additional requirements beyond those for pressure relief devices.
Accordingly, the regulatory text of S9.1 has been amended in this
final rule so that only the pressure relief device requirements of
that section are referenced.
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    As a result of these reorganizations, the references in FMVSS No.
208 are no longer accurate. This notice updates the references
contained in S9.1 and S9.2 of this standard. It does not make any
substantive changes to the requirements specified therein. In
particular, we note that when the hazardous materials regulations
referenced in S9.1 and S9.2 were reorganized or redesignated, minor
textual changes were made to those referenced sections. However, these
textual changes did not result in any substantive changes. Accordingly,
the substantive requirements of S9.1 and S9.2 remain the same.
    The need to correct the references in S9.1 of FMVSS No. 208 was the
subject of a petition for rulemaking submitted by the North American
Automotive Hazardous Material Action Committee on October 7, 2004. That
organization specifically petitioned NHTSA to update paragraph S9.1 of
FMVSS No. 208. This document grants that petition. We had also
previously been contacted by a representative of Takata Corporation
concerning this matter.
    In addition to updating the references in S9.1 and S9.2, this final
rule makes a technical amendment to S4.5.1(e) of FMVSS No. 208, which
specifies requirements for air bag warning labels on vehicle dashboards
and steering wheel hubs. S4.5.1(e)(1) specifies label requirements for
all vehicles equipped with air bags except as provided in S4.5.1(e)(2).
S4.5.1(e)(2) specifies label requirements for vehicles certified to
meet certain advanced air bag requirements before December 1, 2003.
S4.5.1(e) contains a third set of label requirements in S4.5.1(e)(3),
which specifies the label requirements for vehicles certified to meet
the specified advanced air bag requirements on or after December 1,
2003. However, the text of S4.5.1(e)(1) does not include an exception
for S4.5.1(e)(3).
    On January 25, 2005, we received a request for interpretation from
Toyota Motor North America, Inc. (Toyota) concerning S4.5.1(e).\5\
Toyota's concern was that S4.5.1(e)(1) makes an exception for
S4.5.1(e)(2) but not for S4.5.1(e)(3). Arguably, as written, both
S4.5.1(e)(1) and S4.5.1(e)(3) would apply to vehicles certified to meet
certain advanced air bag requirements on or after December 1, 2003.
Toyota indicated its belief that it was not NHTSA's intention to
require vehicles to have both labels, which are very similar.
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    \5\ Docket No. NHTSA-2005-20694-0002.
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    We responded to Toyota's request for interpretation on March 14,
2005.\6\ We confirmed Toyota's understanding and agreed that it was not
the agency's intention to require vehicles to have both types of
labels. We indicated that the agency intended for the labeling
requirements in S4.5.1(e)(2) and S4.5.1(e)(3) to supersede the labeling
requirement in S4.5.1(e)(1) for vehicles certified to meet certain
advanced air bag requirements and stated that the exception identified
in S4.5.1(e)(1) should include both S4.5.1(e)(2) and S4.5.1(e)(3). This
amendment adds S4.5.1(e)(3) as an exception to the requirements of
S4.5.1(e)(1), consistent with our letter of interpretation to Toyota.
This is a technical correction and does not change any of the
substantive labeling requirements.
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    \6\ Docket No. NHTSA-2005-20694-0001.
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II. Rulemaking Analyses and Notices

    Section 553 of the Administrative Procedure Act (5 U.S.C. 553)
provides that when an agency, for good cause, finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a final rule without providing
notice and an opportunity for public comment (5 U.S.C. 553(b)(B)).
NHTSA has determined that there is good cause for making these
technical amendments final without notice and an opportunity for public
comment. These technical amendments update the cross-references to
Federal hazardous materials regulations in paragraphs S9.1 and S9.2 of
FMVSS No. 208 and correct the language in paragraph S4.5.1(e) of that
standard. The amendments do not alter the substance of the amended
sections nor do they alter the requirements of FMVSS No. 208.
Accordingly, notice and public comment are unnecessary. For the same
reasons, NHTSA has determined that there is good cause for these
amendments to go into effect 30 days after publication in the Federal
Register.
    The agency has discussed the relevant requirements of Executive
Order 12866, Executive Order 13563, DOT Regulatory Policies and
Procedures, the National Environmental Policy Act, the Regulatory
Flexibility Act, Executive Order 13132 (Federalism), Executive Order
12988 (Civil Justice Reform), the Unfunded Mandates Reform Act, the
Paperwork Reduction Act, Executive Order 13045 (Protection of Children
From Environmental Health and Safety Risks), the National Technology
Transfer and Advancement Act, and Executive Order 13211(Energy
Effects), as applicable, in the underlying substantive rules
establishing and amending the affected sections of FMVSS No. 208. Those
discussions are not affected by these amendments.

Regulatory Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.regulations.gov.

List of Subjects in 49 CFR Part 571

    Motor vehicle safety, Reporting and recordkeeping requirements,
Tires.

    For the reasons stated in the preamble, the National Highway
Traffic Safety Administration, Department of Transportation, amends 49
CFR part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority:  49 USC 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.

0
2. Section 571.208 is amended by revising the first sentence of
S4.5.1(e)(1), S9.1, and the first sentence of S9.2 to read as follows:

Sec.  571.208  Standard No. 208; Occupant crash protection.

* * * * *
    S4.5.1 Labeling and owner's manual information.
* * * * *
    (e) Label on the dashboard. (1) Except as provided in S4.5.1(e)(2)
or S4.5.1(e)(3), each vehicle that is equipped with an inflatable
restraint for the passenger position shall have a label attached to a
location on the dashboard or the steering wheel hub that is clearly
visible from all front seating positions. * * *
* * * * *
    S9.1 Pressure vessels. A pressure vessel that is continuously
pressurized shall conform to the requirements of Sec. Sec.  178.65(a),
178.65(c)(2), 178.65(d), 178.65(e)(1), and 178.65(e)(2) of this title;
and to the pressure relief device requirements of Sec. Sec.
173.301(a)(2), 173.301(a)(3) and 173.301(f) of this title. It shall not
leak or evidence visible distortion when tested in accordance with
Sec.  178.65(f)(1) of this title and shall not fail in any of the ways
enumerated in Sec.  178.65(f)(2) of this title when hydrostatically
tested to destruction. It shall not crack when flattened in accordance
with Sec.  178.65(g) of this title to the limit specified in Sec.
178.65(g)(4) of this title.
    S9.2 Explosive devices. An explosive device shall not exhibit any
of the characteristics prohibited by Sec.  173.54 of this title. * * *
* * * * *

    Issued: May 10, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-11945 Filed 5-16-12; 8:45 am]
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