[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25301-25302]
[FR Doc No: 2020-08421]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0039; FRL-10008-22--Region 7]

Air Plan Approval; Missouri; Removal of Control of Emissions From
the Application of Automotive Underbody Deadeners

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP)
revision submitted by the State of Missouri on December 3, 2018, and
supplemented by letter on May 22, 2019. Missouri requests that the EPA
remove a rule related to control of emissions from the application of
automotive underbody deadeners in the Kansas City, Missouri area from
its SIP. This removal does not have an adverse effect on air quality.
The EPA's approval of this rule revision is in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 1, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0039. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI 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 through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Will Stone, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving the removal of 10 Code of State Regulations
(CSR) 10-2.310, Control of Emissions from the Application of Automotive
Underbody Deadeners, from the Missouri SIP. As explained in detail in
the EPA's proposed rule, Missouri has demonstrated that removal of 10
CSR 10-2.310 will not interfere with attainment of the NAAQS,
reasonable further progress \1\ or any other applicable requirement of
the CAA because the single source subject to the rule has permanently
ceased operations and removal of the rule will not cause VOC emissions
to increase. 85 FR 8230, February 13, 2020. Therefore the EPA is
finalizing its proposal to remove 10 CSR 10-2.310 from the SIP.
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    \1\ Reasonable further progress is not applicable to the Kansas
City Area because the area is in attainment of all applicable ozone
standards.
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II. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from February 28,
2018, to April 5, 2018 and received five comments from the EPA that
related to Missouri's lack of an adequate demonstration that the rule
could be removed from the SIP in

accordance with section 110(l) of the CAA. Missouri's May 22, 2019
letter addressed the EPA's comments. In addition, the revision meets
the substantive SIP requirements of the CAA, including section 110 and
implementing regulations.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened
February 13, 2020, the date of its publication in the Federal Register
and closed on March 16, 2020. During this period, the EPA received
three comments. Two comments were not substantive and do not require a
response from the EPA. The remaining comment is addressed in this
document.
    Comment: How has the EPA confirmed that the facility that was
subject to this rule is decommissioned and is no longer subject to 10
CSR 10-2.310?
    Response: The EPA confirmed that the facility subject to this rule
was decommissioned based on a publicly available source of information
that confirms that General Motors no longer owns the automotive
manufacturing facility. EPA has concluded that General Motors is no
longer subject to 10 CSR 10-2.310. A copy of the August 2000 remedial
action report in support of this statement is added to the docket.

IV. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's request to
remove 10 CSR 10-2.310 from the SIP.

V. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Regulation from the Missouri State Implementation
Plan, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.

VI. 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 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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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 and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 March 24, 2020. 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, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: April 16, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart-AA Missouri

Sec.  52.1320  [Amended]

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by removing
the entry ``10-2.310'' under the heading ``Chapter 2--Air Quality
Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area''.

[FR Doc. 2020-08421 Filed 4-30-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 14, 2010 (Volume 75, Number 113)]
[Notices]
[Page 33663-33664]
[DOCID:fr14jn10-94]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2006-25756]

Commercial Driver's License (CDL) Standards; Volvo Trucks North
America, Renewal of Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA renews Volvo Trucks North America's (Volvo) exemption
from the Agency's requirement for certain drivers of commercial motor
vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo
requested that its exemption for five Swedish engineers and technicians
be renewed to enable these individuals to continue test-driving CMVs in
the United States for Volvo. Each of these individuals holds a valid
Swedish CDL. FMCSA believes the training program and knowledge and
skills testing that drivers must undergo to obtain a Swedish CDL ensure
a level of safety equivalent to, or greater than, the level of safety
that would be obtained by complying with the U.S. requirement for a
CDL.

DATES: Comments must be received on or before July 14, 2010.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2006-25756 by any of the following
methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. In the ENTER KEYWORD OR ID box enter FMCSA-2006-
25756 and click on the tab labeled SEARCH. On the ensuing page, click
on any tab labeled SUBMIT A COMMENT on the extreme right of the page
and a page should open that is titled ``Submit a Comment.'' You may
identify yourself under section 1, ENTER INFORMATION, or you may skip
section 1 and remain anonymous. You enter your comments in section 2,
TYPE COMMENT & UPLOAD FILE. When you are ready to submit your comments,
click on the tab labeled SUBMIT. Your comment is then submitted to the
docket; and you will receive a tracking number.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time, and in
the ENTER KEYWORD OR ID box enter FMCSA-2006-25756 and click on the tab
labeled SEARCH.
    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 (65 FR 19476) or you may visit http://
www.regulations.gov.
    Public Participation: The www.regulations.gov Web site is generally
available 24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the www.regulations.gov Web site and also at the DOT's http://
docketsinfo.dot.gov Web site. If you want us to notify you that we
received your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgement page that appears
after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Telephone:<PHONE_NUMBER>. E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption
from the CDL requirements of 49 CFR 383.23 for a maximum 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.'' The procedures for requesting an
exemption (including renewals) are prescribed in 49 CFR part 381.

Volvo Application for Exemption Renewal

    Volvo applied for the renewal of an exemption from 49 CFR 383.23,
the commercial driver licensing requirement for drivers operating
commercial motor vehicles (CMVs). A copy of the request for renewal is
in the docket identified at the beginning of this notice. Volvo asked
for the renewal of exemption for five drivers for an additional period
of 2 years. The five drivers are Jonas Gustafsson, Christer Milding,
Jonas Nilsson, Bjorn Nyman, and Sten-Ake Sandberg.
    FMCSA initially granted this exemption to Volvo for 11 Swedish

engineers and technicians on May 12, 2006 (71 FR 27780). Detailed
information about the qualifications and experience of each of the 11
drivers, including the 5 drivers who are the subject of this notice,
was provided by Volvo in its original application, a copy of which is
in the docket referenced above. On February 4, 2008, Volvo's request
for renewal of the exemption for 8 of the original 11 exempt
individuals was approved for an additional period of 2 years (73 FR
6552). FMCSA has evaluated Volvo's current application for renewal of 5
of the 8 individuals on its merits and decided to grant renewal of this
Volvo exemption for an additional 2-year period, i.e. from February 4,
2010, through February 4, 2012.
    Volvo is seeking a renewal of this exemption because the drivers it
employs are citizens and residents of Sweden, and cannot easily obtain
non-resident CDLs, given the small number of States willing to issue
such license. Renewal of the exemption will enable the five drivers to
operate CMVs in the U.S. and continue to support Volvo's field tests to
meet future clean air standards, to test drive prototype vehicles at
their test site, and to deliver the vehicles, if necessary. It is
estimated that each driver will drive approximately 2,500 miles per
year on U.S. roads. Each of the 5 drivers is an experienced CMV
operator holding a valid Swedish-issued CDL. Each driver has received
extensive CMV training, and has satisfied strict regulations in Sweden
in order to obtain a CDL. Volvo explained in detail in earlier
exemption requests in this docket the rigorous training program, and
knowledge and skills tests, that applicants for a Swedish CDL must
undergo. Volvo also stated in prior exemption requests that it believes
that the knowledge and skills tests and training program ensure the
exemption provides a level of safety that is equivalent to, or greater
than, the level of safety obtained by complying with the U.S.
requirement for a CDL.

Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has previously determined the process for obtaining a Swedish
CDL is comparable to, or as effective as, the Federal requirements of
Part 383, and adequately assesses the driver's ability to operate CMVs
in the U.S. In the past 2 years, FMCSA has published several notices of
similar Volvo exemption requests; the most recent Agency notice of
final disposition was published on May 5, 2009, granting an exemption
to seven Volvo drivers for two years (74 FR 20778).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on the renewal of Volvo's exemption from the
requirements of 49 CFR 383.23 for these five individuals. The Agency
requests that interested parties with specific data concerning the
safety records of the five drivers listed in this notice submit
comments by July 14, 2010. FMCSA will review all comments received by
this date and determine whether renewal of the exemption is consistent
with the requirements of 49 U.S.C. 31315 and 31136(e).
    FMCSA believes the requirements for renewal of an exemption under
49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the
renewal and then requesting and subsequently evaluating comments
submitted by interested parties. As indicated above, on two prior
occasions, the Agency has determined that providing exemption for these
five Volvo drivers from the CDL requirements of 49 CFR 383.23 does not
compromise the level of safety that would exist if the exemption were
not granted. Each of the prior FMCSA decisions was based on careful
consideration of the comments received, and on the merits of each
driver's demonstrated knowledge and skills about the safe operation of
CMVs.
    Interested parties or organizations possessing information that
would show that any or all of these drivers are not currently achieving
the requisite statutory level of safety should immediately notify
FMCSA. The Agency will evaluate any adverse information submitted and,
if safety is being compromised or if the continuation of the exemption
is not consistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will
take immediate steps to revoke the exemption of the driver(s) in
question.

    Issued on: June 4, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-14264 Filed 6-11-10; 8:45 am]
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[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15683]
[DOCID:fr02ap07-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Intent To File License Application, Filing of Pre-
Application Document, and Approving Use of the Traditional Licensing
Process

March 27, 2007.
    a. Type of filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 12775-000.
    c. Date Filed: February 14, 2007.
    d. Submitted By: City of Spearfish, South Dakota.
    e. Name of Project: Spearfish Hydroelectric Project.
    f. Location: On Spearfish Creek, in Lawrence county, South Dakota.
The project occupies United States lands within the Black Hills
National Forest administered by the U.S. Forest Service.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. License Applicant Contact: Ms. Cheryl Johnson, Public Works
Administrator, City of Spearfish, 625 Fifth Street, Spearfish, SD
57783;<PHONE_NUMBER>; or e-mail at<EMAIL_ADDRESS>    i. FERC Contact: Steve Hocking at<PHONE_NUMBER>; or e-mail at
<EMAIL_ADDRESS>
    j. The City of Spearfish filed a request to use the Traditional
Licensing Process on February 14, 2007, and provided public notice of
this request on February 15, 2007. With this notice, the Director of
the Office of Energy Projects approves the City of Spearfish's request
to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act; and (b) the South Dakota State Historic
Preservation Officer, as required by Section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. By letters dated February 22, 2007, we designated the City of
Spearfish as the Commission's non-federal representative for carrying
out informal consultation pursuant to section 7 of the Endangered
Species Act, and consultation pursuant to section 106 of the National
Historic Preservation Act.
    m. The City of Spearfish filed a Pre-Application Document (PAD)
with the Commission pursuant to 18 CFR 5.6 of the Commission's
regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified

via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5998 Filed 3-30-07; 8:45 am]

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