81 FR 52684 - California State Nonroad Engine Pollution Control Standards; Evaporative Emission Standards and Test Procedures for Off-Highway Recreational Vehicles (OHRVs); Request for Authorization; Opportunity for Public Hearing and Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 153 (August 9, 2016)

Page Range		52684-52686
FR Document		2016-18873

The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its off-highway recreational vehicles (ORVR) regulation that establish new evaporative emission standards and associated test procedures for 2018 and subsequent model year OHRVs (OHRV Evaporative Emission Amendments). By letter dated February 26, 2016, CARB asked that EPA authorize these amendments pursuant to section 209(e) of the Clean Air Act. This notice announces that EPA has tentatively scheduled a public hearing to consider California's authorization request and that EPA is now accepting written comment on the request.

Federal Register, Volume 81 Issue 153 (Tuesday, August 9, 2016)

[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52684-52686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18873]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0224; FRL-9950-43-OAR]


California State Nonroad Engine Pollution Control Standards; 
Evaporative Emission Standards and Test Procedures for Off-Highway 
Recreational Vehicles (OHRVs); Request for Authorization; Opportunity 
for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA 
that it has adopted amendments to its off-highway recreational vehicles 
(ORVR) regulation that establish new evaporative emission standards and 
associated test procedures for 2018 and subsequent model year OHRVs 
(OHRV Evaporative Emission Amendments). By letter dated February 26, 
2016, CARB asked that EPA authorize these amendments pursuant to 
section 209(e) of the Clean Air Act. This notice announces that EPA has 
tentatively scheduled a public hearing to consider California's 
authorization request and that EPA is now accepting written comment on 
the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's 
request on September 28, 2016. at 10 a.m. EPA will hold a hearing only 
if any party notifies EPA by September 21, 2016 to express interest in 
presenting the Agency with oral testimony. Parties wishing to present 
oral testimony at the public hearing should provide written notice to 
David Dickinson at the email address noted below. If EPA receives a 
request for a public hearing, that hearing will be held at the William 
Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave. 
NW., Washington, DC 20460. If EPA does not receive a request for a 
public hearing, then EPA will not hold a hearing, and instead will 
consider CARB's request based on written submissions to the docket. Any 
party may submit written comments until November 1, 2016.
    Any person who wishes to know whether a hearing will be held may 
call David Dickinson at (202) 343-9256 on or after September 21, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0181, by one of the following methods:
     Online at: http://www.regulations.gov: Follow the Online 
Instructions for Submitting Comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2016-0181, U.S. Environmental Protection Agency, Mail code: 6102T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total 
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Online Instructions for Submitting Comments: Direct your comments 
to Docket ID No. EPA-HQ-OAR-2016-0181. EPA's policy is that all 
comments we receive will be included in the public docket without 
change and may be made available online at http://www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through http://www.regulations.gov, your 
email address will automatically be captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted 
by CARB, written comments received from any interested parties, and any 
testimony given at the public hearing. Materials relevant to this 
proceeding are contained in the Air and Radiation Docket and 
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2016-0181. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air and 
Radiation Docket in the EPA Headquarters Library, EPA West Building, 
Room 3334, located at 1301 Constitution Avenue NW., Washington, DC. The 
Public Reading Room is open to the public on all federal government 
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday 
through Friday, excluding holidays. The telephone number for the 
Reading Room is (202) 566-1744. The Air and Radiation Docket and 
Information Center's Web site is http://www.epa.gov/oar/docket.html. 
The electronic mail (email) address for the Air and Radiation Docket 
is: a-and-r-Docket@epa.gov, the telephone number is (202) 566-1742, and 
the fax number is (202) 566-9744. An electronic version of the public 
docket is available through the federal government's electronic public 
docket and comment system. You may access EPA dockets at http://www.regulations.gov. After opening the http://www.regulations.gov Web 
site, enter, in the ``Enter Keyword or ID'' fill-in box to view 
documents in the record. Although a part of the official docket, the 
public docket does not include Confidential Business Information 
(``CBI'') or other information whose disclosure is restricted by 
statute.

FOR FURTHER INFORMATION CONTACT: David Dickinson (6405J), Office of 
Transportation and Air Quality, U.S. Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 343-
9256. Fax: (202) 343-2804. Email: dickinson.david@epa.gov.

SUPPLEMENTARY INFORMATION: 

(A) CARB's Authorization Request for Its OHRV Evaporative Emission 
Amendments

    The California OHRV category encompasses a wide variety of 
vehicles, including off-road motorcycles, all-terrain vehicles (ATVs), 
off-road sport and utility vehicles, sand cars, and golf carts. CARB's 
OHRV Evaporative

[[Page 52685]]

Emission Amendments establish a new test procedure and evaporative 
emission standard of 1.0 gram per day (g/day) of total organic gas 
(TOG) for a 3-day diurnal period, which may be achieved utilizing the 
available evaporative emissions technology currently used in the on-
road sector.
    By letter dated February 26, 2016, CARB submitted a request to EPA 
pursuant to section 209(e) of the Clean Air Act (CAA or the Act) for 
authorization for the OHRV Evaporative Emission Amendments.

(B) Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the CAA prohibits states and local governments 
from adopting or attempting to enforce any standard or requirement 
relating to the control of emissions from certain types of new nonroad 
vehicles or engines. The Act also preempts states from adopting and 
enforcing standards and other requirements related to the control of 
emissions from other types of new nonroad vehicles or engines as well 
as non-new nonroad engines or vehicles. Section 209(e)(2), however, 
requires the Administrator, after notice and opportunity for public 
hearing, to authorize California to adopt and enforce standards and 
other requirements relating to the control of emissions from such 
preempted vehicles or engines if California determines that California 
standards will be, in the aggregate, at least as protective of public 
health and welfare as applicable Federal standards. However, EPA shall 
not grant such authorization if it finds that (1) the determination of 
California is arbitrary and capricious; (2) California does not need 
such California standards to meet compelling and extraordinary 
conditions; or (3) California standards and accompanying enforcement 
procedures are not consistent with [CAA section 209]. In addition, 
other states with air quality attainment plans may adopt and enforce 
such regulations if the standards and the implementation and 
enforcement procedures are identical to California's standards. On July 
20, 1994, EPA promulgated a rule that sets forth, among other things, 
regulations providing the criteria, as found in section 209(e)(2), 
which EPA must consider before granting any California authorization 
request for new nonroad engine or vehicle emission standards.\1\ EPA 
revised these regulations in 1997.\2\ As stated in the preamble to the 
1994 rule, EPA has historically interpreted the section 
209(e)(2)(A)(iii) ``consistency'' inquiry to require, at minimum, that 
California standards and enforcement procedures be consistent with 
section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has 
interpreted that subsection in the context of section 209(b) motor 
vehicle waivers).\3\
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    \1\ 59 FR 36969 (July 20, 1994).
    \2\ 62 FR 67733 (December 30, 1997). The applicable regulations, 
now in 40 CFR part 1074, subpart B, Sec.  1074.105, provide:
    (a) The Administrator will grant the authorization if California 
determines that its standards will be, in the aggregate, at least as 
protective of public health and welfare as otherwise applicable 
federal standards.
    (b) The authorization will not be granted if the Administrator 
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling 
and extraordinary conditions.
    (3) The California standards and accompanying enforcement 
procedures are not consistent with section 209 of the Act.
    (c) In considering any request to authorize California to adopt 
or enforce standards or other requirements relating to the control 
of emissions from new nonroad spark-ignition engines smaller than 50 
horsepower, the Administrator will give appropriate consideration to 
safety factors (including the potential increased risk of burn or 
fire) associated with compliance with the California standard.
    \3\ 59 FR 36969 (July 20, 1994).
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    In order to be consistent with section 209(a), California's nonroad 
standards and enforcement procedures must not apply to new motor 
vehicles or new motor vehicle engines. To be consistent with section 
209(e)(1), California's nonroad standards and enforcement procedures 
must not attempt to regulate engine categories that are permanently 
preempted from state regulation. To determine consistency with section 
209(b)(1)(C), EPA typically reviews nonroad authorization requests 
under the same ``consistency'' criteria that are applied to motor 
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the 
Administrator shall not grant California a motor vehicle waiver if she 
finds that California ``standards and accompanying enforcement 
procedures are not consistent with [section 202(a)]'' of the Act. 
Previous decisions granting waivers and authorizations have noted that 
state standards and enforcement procedures are inconsistent with 
section 202(a) if: (1) There is inadequate lead time to permit the 
development of the necessary technology giving appropriate 
consideration to the cost of compliance within that time, or (2) the 
federal and state testing procedures impose inconsistent certification 
requirements.\4\
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    \4\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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    In considering whether to grant authorizations for accompanying 
enforcement procedures tied to standards for which an authorization has 
already been granted, EPA addresses questions as to whether the 
enforcement procedures undermine California's determination that its 
standards are as protective of public health and welfare as applicable 
federal standards, and whether the enforcement procedures are 
consistent with section 202(a).\5\
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    \5\ See CAA section 209(e)(2)(A)(i) and (iii), 42 U.S.C. 
7543(e)(2)(A) (i) and (iii).
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(C) EPA's Request for Comments

    EPA requests comment on whether the OHRV Evaporative Emission 
Amendments meet the criteria for an authorization. Specifically, we 
request comment on: (a) Whether CARB's determination that its 
standards, in the aggregate, are at least as protective of public 
health and welfare as applicable federal standards is arbitrary and 
capricious; (b) whether California needs such standards to meet 
compelling and extraordinary conditions; and (c) whether California's 
standards and accompanying enforcement procedures are consistent with 
section 209 of the Act.

Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the 
proceedings. Interested parties may arrange with the reporter at the 
hearing to obtain a copy of the transcript at their own expense. 
Regardless of whether a public hearing is held, EPA will keep the 
record open until November 1, 2016. Upon expiration of the comment 
period, the Administrator will render a decision on CARB's request 
based on the record from the public hearing, if any, all relevant 
written submissions, and other information that she deems pertinent. 
All information will be available for inspection at the EPA Air Docket 
No. EPA-HQ-OAR-2016-0181.
    Persons with comments containing proprietary information must 
distinguish such information from other comments to the greatest extent 
possible and label it as ``Confidential Business Information'' (CBI). 
If a person making comments wants EPA to base its decision on a 
submission labeled as CBI, then a non-confidential version of the 
document that summarizes the key data or information should be 
submitted to the public docket. To ensure that proprietary information 
is not

[[Page 52686]]

inadvertently placed in the public docket, submissions containing such 
information should be sent directly to the contact person listed above 
and not to the public docket. Information covered by a claim of 
confidentiality will be disclosed by EPA only to the extent allowed, 
and according to the procedures set forth in 40 CFR part 2. If no claim 
of confidentiality accompanies the submission when EPA receives it, EPA 
will make it available to the public without further notice to the 
person making comments.

    Dated: August 3, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2016-18873 Filed 8-8-16; 8:45 am]
BILLING CODE 6560-50-P

52684 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

Dated: August 3, 2016. David Dickinson at (202) 343–9256 on viruses. For additional information
Thomas H. Brennan, or after September 21, 2016. about EPA’s public docket visit the EPA
Deputy Director, Science Advisory Board Staff ADDRESSES: Submit your comments, Docket Center homepage at http://
Office. identified by Docket ID No. EPA–HQ– www.epa.gov/epahome/dockets.htm.
[FR Doc. 2016–18881 Filed 8–8–16; 8:45 am] OAR–2016–0181, by one of the EPA will make available for public
BILLING CODE 6560–50–P following methods: inspection materials submitted by
• Online at: http:// CARB, written comments received from
www.regulations.gov: Follow the Online any interested parties, and any
ENVIRONMENTAL PROTECTION Instructions for Submitting Comments. testimony given at the public hearing.
AGENCY • Email: a-and-r-docket@epa.gov. Materials relevant to this proceeding are
• Fax: (202) 566–9744. contained in the Air and Radiation
[EPA–HQ–OAR–2015–0224; FRL–9950–43–
• Mail: Air and Radiation Docket, Docket and Information Center,
OAR] maintained in Docket ID No. EPA–HQ–
Docket ID No. EPA–HQ–OAR–2016–
0181, U.S. Environmental Protection OAR–2016–0181. Publicly available
California State Nonroad Engine
Agency, Mail code: 6102T, 1200 docket materials are available either
Pollution Control Standards;
Pennsylvania Avenue NW., Washington, electronically through http://
Evaporative Emission Standards and
DC 20460. Please include a total of two www.regulations.gov or in hard copy at
Test Procedures for Off-Highway
copies. the Air and Radiation Docket in the EPA
Recreational Vehicles (OHRVs);
Request for Authorization; Opportunity • Hand Delivery: EPA Docket Center, Headquarters Library, EPA West
Public Reading Room, EPA West Building, Room 3334, located at 1301
for Public Hearing and Comment
Building, Room 3334, 1301 Constitution Constitution Avenue NW., Washington,
AGENCY: Environmental Protection Avenue NW., Washington, DC 20460. DC. The Public Reading Room is open
Agency (EPA). Such deliveries are only accepted to the public on all federal government
ACTION: Notice of opportunity for public during the Docket’s normal hours of work days from 8:30 a.m. to 4:30 p.m.;
hearing and comment. operation, and special arrangements generally, it is open Monday through
should be made for deliveries of boxed Friday, excluding holidays. The
SUMMARY: The California Air Resources information. telephone number for the Reading Room
Board (CARB) has notified EPA that it Online Instructions for Submitting is (202) 566–1744. The Air and
has adopted amendments to its off- Comments: Direct your comments to Radiation Docket and Information
highway recreational vehicles (ORVR) Docket ID No. EPA–HQ–OAR–2016– Center’s Web site is http://www.epa.gov/
regulation that establish new 0181. EPA’s policy is that all comments oar/docket.html. The electronic mail
evaporative emission standards and we receive will be included in the (email) address for the Air and
associated test procedures for 2018 and public docket without change and may Radiation Docket is: a-and-r-Docket@
subsequent model year OHRVs (OHRV be made available online at http:// epa.gov, the telephone number is (202)
Evaporative Emission Amendments). By www.regulations.gov, including any 566–1742, and the fax number is (202)
letter dated February 26, 2016, CARB personal information provided, unless 566–9744. An electronic version of the
asked that EPA authorize these the comment includes information public docket is available through the
amendments pursuant to section 209(e) claimed to be Confidential Business federal government’s electronic public
of the Clean Air Act. This notice Information (CBI) or other information docket and comment system. You may
announces that EPA has tentatively whose disclosure is restricted by statute. access EPA dockets at http://
scheduled a public hearing to consider Do not submit information that you www.regulations.gov. After opening the
California’s authorization request and consider to be CBI or otherwise http://www.regulations.gov Web site,
that EPA is now accepting written protected through http:// enter, in the ‘‘Enter Keyword or ID’’ fill-
comment on the request. www.regulations.gov or email. The in box to view documents in the record.
DATES: EPA has tentatively scheduled a http://www.regulations.gov Web site is Although a part of the official docket,
public hearing concerning CARB’s an ‘‘anonymous access’’ system, which the public docket does not include
request on September 28, 2016. at 10 means EPA will not know your identity Confidential Business Information
a.m. EPA will hold a hearing only if any or contact information unless you (‘‘CBI’’) or other information whose
party notifies EPA by September 21, provide it in the body of your comment. disclosure is restricted by statute.
2016 to express interest in presenting If you send an email comment directly FOR FURTHER INFORMATION CONTACT:
the Agency with oral testimony. Parties to EPA without going through http:// David Dickinson (6405J), Office of
wishing to present oral testimony at the www.regulations.gov, your email Transportation and Air Quality, U.S.
public hearing should provide written address will automatically be captured Environmental Protection Agency, 1200
notice to David Dickinson at the email and included as part of the comment Pennsylvania Ave. NW., Washington,
address noted below. If EPA receives a that is placed in the public docket and DC 20460. Telephone: (202) 343–9256.
request for a public hearing, that hearing made available on the Internet. If you Fax: (202) 343–2804. Email:
will be held at the William Jefferson submit an electronic comment, EPA dickinson.david@epa.gov.
Clinton Building (North), Room 5528 at recommends that you include your SUPPLEMENTARY INFORMATION:
1200 Pennsylvania Ave. NW., name and other contact information in
Washington, DC 20460. If EPA does not the body of your comment and with any (A) CARB’s Authorization Request for
asabaliauskas on DSK3SPTVN1PROD with NOTICES

receive a request for a public hearing, disk or CD–ROM you submit. If EPA Its OHRV Evaporative Emission
then EPA will not hold a hearing, and cannot read your comment due to Amendments
instead will consider CARB’s request technical difficulties and cannot contact The California OHRV category
based on written submissions to the you for clarification, EPA may not be encompasses a wide variety of vehicles,
docket. Any party may submit written able to consider your comment. including off-road motorcycles, all-
comments until November 1, 2016. Electronic files should avoid the use of terrain vehicles (ATVs), off-road sport
Any person who wishes to know special characters, any form of and utility vehicles, sand cars, and golf
whether a hearing will be held may call encryption, and be free of any defects or carts. CARB’s OHRV Evaporative

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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 52685

Emission Amendments establish a new regulations in 1997.2 As stated in the state testing procedures impose
test procedure and evaporative emission preamble to the 1994 rule, EPA has inconsistent certification requirements.4
standard of 1.0 gram per day (g/day) of historically interpreted the section In considering whether to grant
total organic gas (TOG) for a 3-day 209(e)(2)(A)(iii) ‘‘consistency’’ inquiry authorizations for accompanying
diurnal period, which may be achieved to require, at minimum, that California enforcement procedures tied to
utilizing the available evaporative standards and enforcement procedures standards for which an authorization
emissions technology currently used in be consistent with section 209(a), has already been granted, EPA addresses
the on-road sector. section 209(e)(1), and section questions as to whether the enforcement
209(b)(1)(C) (as EPA has interpreted that procedures undermine California’s
By letter dated February 26, 2016,
subsection in the context of section determination that its standards are as
CARB submitted a request to EPA protective of public health and welfare
pursuant to section 209(e) of the Clean 209(b) motor vehicle waivers).3
as applicable federal standards, and
Air Act (CAA or the Act) for In order to be consistent with section whether the enforcement procedures are
authorization for the OHRV Evaporative 209(a), California’s nonroad standards consistent with section 202(a).5
Emission Amendments. and enforcement procedures must not
apply to new motor vehicles or new (C) EPA’s Request for Comments
(B) Clean Air Act Nonroad Engine and
Vehicle Authorizations motor vehicle engines. To be consistent EPA requests comment on whether
with section 209(e)(1), California’s the OHRV Evaporative Emission
Section 209(e)(1) of the CAA prohibits nonroad standards and enforcement Amendments meet the criteria for an
states and local governments from procedures must not attempt to regulate authorization. Specifically, we request
adopting or attempting to enforce any engine categories that are permanently comment on: (a) Whether CARB’s
standard or requirement relating to the preempted from state regulation. To determination that its standards, in the
control of emissions from certain types determine consistency with section aggregate, are at least as protective of
of new nonroad vehicles or engines. The 209(b)(1)(C), EPA typically reviews public health and welfare as applicable
Act also preempts states from adopting nonroad authorization requests under federal standards is arbitrary and
and enforcing standards and other the same ‘‘consistency’’ criteria that are capricious; (b) whether California needs
requirements related to the control of applied to motor vehicle waiver such standards to meet compelling and
emissions from other types of new requests. Pursuant to section extraordinary conditions; and (c)
nonroad vehicles or engines as well as whether California’s standards and
209(b)(1)(C), the Administrator shall not
non-new nonroad engines or vehicles. accompanying enforcement procedures
grant California a motor vehicle waiver
are consistent with section 209 of the
Section 209(e)(2), however, requires the if she finds that California ‘‘standards
Act.
Administrator, after notice and and accompanying enforcement
opportunity for public hearing, to procedures are not consistent with Procedures for Public Participation
authorize California to adopt and [section 202(a)]’’ of the Act. Previous If a hearing is held, the Agency will
enforce standards and other decisions granting waivers and make a verbatim record of the
requirements relating to the control of authorizations have noted that state proceedings. Interested parties may
emissions from such preempted standards and enforcement procedures arrange with the reporter at the hearing
vehicles or engines if California are inconsistent with section 202(a) if: to obtain a copy of the transcript at their
determines that California standards (1) There is inadequate lead time to own expense. Regardless of whether a
will be, in the aggregate, at least as permit the development of the necessary public hearing is held, EPA will keep
protective of public health and welfare technology giving appropriate the record open until November 1, 2016.
as applicable Federal standards. consideration to the cost of compliance Upon expiration of the comment period,
However, EPA shall not grant such within that time, or (2) the federal and the Administrator will render a decision
authorization if it finds that (1) the on CARB’s request based on the record
determination of California is arbitrary 2 62 FR 67733 (December 30, 1997). The from the public hearing, if any, all
and capricious; (2) California does not applicable regulations, now in 40 CFR part 1074, relevant written submissions, and other
need such California standards to meet subpart B, § 1074.105, provide: information that she deems pertinent.
(a) The Administrator will grant the authorization
compelling and extraordinary if California determines that its standards will be,
All information will be available for
conditions; or (3) California standards in the aggregate, at least as protective of public inspection at the EPA Air Docket No.
and accompanying enforcement health and welfare as otherwise applicable federal EPA–HQ–OAR–2016–0181.
procedures are not consistent with standards. Persons with comments containing
[CAA section 209]. In addition, other (b) The authorization will not be granted if the proprietary information must
Administrator finds that any of the following are
states with air quality attainment plans true: distinguish such information from other
may adopt and enforce such regulations (1) California’s determination is arbitrary and comments to the greatest extent possible
if the standards and the implementation capricious. and label it as ‘‘Confidential Business
and enforcement procedures are (2) California does not need such standards to Information’’ (CBI). If a person making
meet compelling and extraordinary conditions. comments wants EPA to base its
identical to California’s standards. On
(3) The California standards and accompanying
July 20, 1994, EPA promulgated a rule enforcement procedures are not consistent with
decision on a submission labeled as CBI,
that sets forth, among other things, section 209 of the Act. then a non-confidential version of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

regulations providing the criteria, as (c) In considering any request to authorize document that summarizes the key data
found in section 209(e)(2), which EPA California to adopt or enforce standards or other or information should be submitted to
requirements relating to the control of emissions the public docket. To ensure that
must consider before granting any from new nonroad spark-ignition engines smaller
California authorization request for new than 50 horsepower, the Administrator will give proprietary information is not
nonroad engine or vehicle emission appropriate consideration to safety factors
(including the potential increased risk of burn or 4 Id. See also 78 FR 58090, 58092 (September 20,
standards.1 EPA revised these fire) associated with compliance with the California 2013).
standard. 5 See CAA section 209(e)(2)(A)(i) and (iii), 42
1 59 FR 36969 (July 20, 1994). 3 59 FR 36969 (July 20, 1994). U.S.C. 7543(e)(2)(A) (i) and (iii).

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52686 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

inadvertently placed in the public Washington, DC 20554. Document DA 2. On February 4, 2011, the
docket, submissions containing such 16–761 can also be downloaded in Commission released a Report and
information should be sent directly to Word or Portable Document Format Order that, inter alia, amended § 0.141
the contact person listed above and not (PDF) at: https://apps.fcc.gov/edocs_ of the Commission’s organizational
to the public docket. Information public/attachmatch/DA-16-761A1.docx rules to delegate authority to the Chief,
covered by a claim of confidentiality or https://apps.fcc.gov/edocs_public/ CGB, to conduct periodic review of all
will be disclosed by EPA only to the attachmatch/DA-16-761A1.pdf. The open dockets with the objective of
extent allowed, and according to the spreadsheet associated with document terminating those that were inactive.
procedures set forth in 40 CFR part 2. DA 16–761 listing the proceedings The Commission stated that termination
If no claim of confidentiality proposed for termination for dormancy of such proceedings also will include
accompanies the submission when EPA is available in Excel or Portable the dismissal as moot of any pending
receives it, EPA will make it available Document Format at: https:// petition, motion, or other request for
to the public without further notice to apps.fcc.gov/edocs_public/attachmatch/ relief in the terminated proceeding that
the person making comments. DA-16-761A2.xls or https:// is procedural in nature or otherwise
Dated: August 3, 2016.
apps.fcc.gov/edocs_public/attachmatch/ does not address the merits of the
DA-6-761A2.pdf. proceeding.
Christopher Grundler, To request materials in accessible 3. Following the release of the
Director, Office of Transportation and Air formats for people with disabilities Procedure Order, published at 76 FR
Quality, Office of Air and Radiation. (Braille, large print, electronic files, 24383, May 2, 2011, CGB, in
[FR Doc. 2016–18873 Filed 8–8–16; 8:45 am] audio format), send an email to fcc504@ consultation with the relevant other
BILLING CODE 6560–50–P fcc.gov or call the Consumer and bureaus and offices, conducted a review
Governmental Affairs Bureau at (202) of all open dockets and identified those
418–0530 (voice) or (202) 418–0432 dockets that could potentially be
FEDERAL COMMUNICATIONS (TTY). terminated. As a result of that process,
COMMISSION CGB issued the First Dormant
Final Paperwork Reduction Act of 1995
Proceedings Termination Public Notice,
[CG Docket No. 16–16; DA 16–761] Analysis
published at 76 FR 35892, June 20,
Document DA 16–761 does not 2011, listing the open dockets under
Termination of Dormant Proceedings contain information collection consideration for termination, and
AGENCY: Federal Communications requirements subject to the Paperwork providing interested parties the
Commission. Reduction Act of 1995, Public Law 104– opportunity to file comments on these
ACTION: Notice.
13. In addition, therefore, it does not proposed terminations. Following these
contain any information collection procedures, by Order released
SUMMARY: In this document, the burden for small business concerns with November 1, 2011, CGB terminated, as
Consumer and Governmental Affairs fewer than 25 employees, pursuant to dormant the docketed proceedings
Bureau (CGB), terminates, as dormant, the Small Business Paperwork Relief listed in the attachment thereto. See 76
certain docketed Commission Act of 2002, Public Law 107–198, see 44 FR 70902, November 16, 2011. Further
proceedings. The Commission believes U.S.C. 3506(c)(4). dormant proceeding terminations
that termination of these proceedings SYNOPSIS followed. See Second Dormant
furthers the Commission’s Proceedings Termination Order,
organizational goals of increasing the 1. In document DA 16–761, the published at 77 FR 60934, October 5,
efficiency of its decision-making, Consumer and Governmental Affairs 2012; Third Dormant Proceedings
modernizing the agency’s processes in Bureau (CGB) terminates, as dormant, Termination Order, published at 79 FR
the digital age, and enhancing the the proceedings listed on the 58344, September 29, 2014; Fourth
openness and transparency of Attachment hereto. CGB believes that Dormant Proceedings Termination
Commission proceedings for termination of these proceedings Order, published at 80 FR 4920, January
practitioners and the public. furthers the Commission’s 29, 2015.
organizational goals of increasing the 4. Based on CGB’s review of the
DATES: Effective August 9, 2016.
efficiency of its decision-making, record received in response to the Fifth
FOR FURTHER INFORMATION CONTACT: modernizing the agency’s processes in Dormant Proceedings Termination
Lauren Wilson, Consumer and the digital age, and enhancing the Public Notice, it terminates the
Governmental Affairs Bureau at (202) openness and transparency of proceedings listed in document DA 16–
418–1607 or by email at lauren.wilson@ Commission proceedings for 761 and leaves open two proceedings
fcc.gov. practitioners and the public. In that had been listed in Attachment A to
SUPPLEMENTARY INFORMATION: This is a addition, on the basis of further the Fifth Dormant Proceedings
synopsis of the Commission’s Order, evaluation, CGB leaves open two Termination Public Notice. See https://
Termination of Certain Proceedings as proceedings included in the Fifth apps.fcc.gov/edocs_public/attachmatch/
Dormant, document DA 16–761, Dormant Proceedings Termination DA-16-761A2.xls or https://
adopted on July 21, 2016, and released Public Notice, published at 81 FR apps.fcc.gov/edocs_public/attachmatch/
on July 25, 2016 in CG Docket No. 16– 26229, May 2, 2016, namely DA-16-761A2.pdf. After review of the
16. Amendment of the Commission’s Rules comment and CGB’s further evaluation,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

The full text of document DA 16–761 Relating to Program Exclusivity in the it has determined that GN Docket No.
and copies of any subsequently filed Cable and Broadcast Industries, GN 87–24 and RM–10335 will remain open
documents in this matter will be Docket No. 87–24, and Amendment of and will not be terminated at this time.
available for public inspection and the Commission’s Rules to Extend Its 5. Venture Technologies (GN Docket
copying via ECFS, and during regular Network and Non-Network Territorial No. 87–24, RM–10335). Venture
business hours at the FCC Reference Exclusivity, Syndicated Exclusivity, and Technologies Group, LLC asks that GN
Information Center, Portals II, 445 12th Network Non-Duplication Protection Docket No. 87–24 (Amendment of the
Street SW., Room CY–A257, Rules, RM–10335. Commission’s Rules Relating to Program

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Document Created: 2016-08-09 01:10:11
Document Modified: 2016-08-09 01:10:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of opportunity for public hearing and comment.
Dates		EPA has tentatively scheduled a public hearing concerning CARB's request on September 28, 2016. at 10 a.m. EPA will hold a hearing only if any party notifies EPA by September 21, 2016 to express interest in presenting the Agency with oral testimony. Parties wishing to present oral testimony at the public hearing should provide written notice to
Contact		David Dickinson (6405J), Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 343- 9256. Fax: (202) 343-2804. Email: [email protected]
FR Citation		81 FR 52684