83 FR 21171 - Special Local Regulation; Wolf River Chute, Memphis, TN
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 90 (May 9, 2018)
Coast Guard
Federal Register Volume 83, Issue 90 (May 9, 2018)
| Page Range | 21171-21174 | |
| FR Document | 2018-09908 |
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)] [Rules and Regulations] [Pages 21171-21174] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09908] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0313] RIN 1625-AA08 Special Local Regulation; Wolf River Chute, Memphis, TN AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary special local regulation for all navigable waters of the Wolf River Chute in the vicinity of the Mud Island River Park near Memphis, TN. This action is necessary to protect spectators and vessels during the Duncan William Dragon Boat Races regatta. Entry of vessels or persons into this regulated area is prohibited unless authorized by the Captain of the Port Sector Lower Mississippi River (COTP) or a designated representative. DATES: This rule is effective from 7 a.m. through 4 p.m. on May 12, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0313 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Petty Officer Todd Manow, Sector Lower Mississippi River Prevention Department, U.S. Coast Guard, telephone 901-521-4813, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Lower Mississippi River DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency, for good cause, finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard did not receive the event details in sufficient time to publish an NPRM. We must establish this special local regulation on May 12, 2018 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the regulated area until after the date of the regatta and compromise public safety. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. Delaying the effective [[Page 21172]] date of this rule would be impracticable and contrary to public interest because immediate action is necessary to protect persons and property from the dangers associated with commercial traffic interacting with this rowing event. III. Legal Authority and Need for a Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Sector Lower Mississippi River (COTP) has determined that potential hazards associated with the Duncan Williams Dragon Boat Races from 7 a.m. to 4 p.m. on May 12, 2018 will be a safety concern for all navigable waters of the Wolf River Chute in the vicinity of the Mud Island River Park. This rule is necessary to ensure the safety of life and vessels on these navigable waters before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a special local regulation from 7 a.m. through 4 p.m. on May 12, 2017 for all navigable waters of the Wolf River Chute from the Mud Island River Park Monorail Bridge at 35[deg]08.9'' N, 090[deg]03.4'' W, south to the mouth of the Chute at 35[deg]08.5'' N, 090[deg]08.5'' W, in Memphis, TN. The duration of the regulated area is intended to ensure the safety of life and vessels on these navigable waters before, during, and after the scheduled event. No vessel or person shall transit the regulated area unless authorized by the COTP or a designated representative. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''. All persons and vessels not registered with the event sponsor as participants or official patrol vessels are considered spectators. The ``official patrol vessels'' consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. Spectator vessels desiring to transit the regulated area may do so only with prior approval of the COTP or a designated representative and when so directed by that officer will be operated at a minimum safe navigation speed in a manner that will not endanger participants in the regulated area or any other vessels. No spectator vessel shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. Persons or vessels seeking to enter into or transit through the regulated area must request permission from the COTP or a designated representative. They may be contacted on VHF-FM channels 16 or by telephone at 1-866-777-2784. If permission is granted, all persons and vessels must comply with the instructions of the COTP or designated representative. The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. The COTP or a designated representative may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. The COTP or a designated representative will terminate enforcement of the regulated area at the conclusion of the event. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the special local regulation. This special local regulation will restrict vessel traffic for nine hours on a less than half-mile stretch of the Wolf River Chute for one day. Moreover, the Coast Guard will issue Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about the regulated area, and the rule allows vessels to seek permission to enter the regulated area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area may be small entities, for the reasons stated in section V.A. above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. [[Page 21173]] C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a special local regulation lasting nine hours for an event spanning 860 yards of the Wolf River Chute in the vicinity of the Mud Island River Park in Memphis, TN. It is categorically excluded from further review under paragraphs L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 0 2. Add Sec. 100.35T08-0313 to read as follows: Sec. 100.35T08-0313 Special Local Regulation; Wolf River Chute, Memphis, TN. (a) Location. (1) The following area is a special local regulation: All navigable waters of the Wolf River Chute forming the mouth of the Chute, from the Mud Island River Park Monorail bridge at 35[deg]08.9'' N, 090[deg]03.4'' W, south to the mouth of the Chute at 35[deg]08.5'' N, 090[deg]08.5'' W. (b) Regulations. (1) In accordance with the general regulations in Sec. 100.801 of this part, no vessel or person shall enter the regulated area unless authorized by the Captain of the Port Sector Lower Mississippi River (COTP) or a designated representative. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''. (2) All persons and vessels not registered with the event sponsor as participants or official patrol vessels are considered spectators. The ``official patrol vessels'' consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. (3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the COTP or a designated representative and when so directed by that officer will be operated at a minimum safe navigation speed in a manner that will not endanger participants in the regulated area or any other vessels. (4) No spectator vessel shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. (5) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. (6) Persons or vessels seeking to enter into or transit through the regulated area must request permission from the COTP or a designated representative. They may be contacted on VHF-FM channels 16 or by telephone at 1-866-777-2784. (7) If permission is granted, all persons and vessels must comply with the instructions of the COTP or designated representative. (8) The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (9) The COTP or a designated representative may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. (10) The COTP or a designated representative will terminate enforcement of the regulated area at the conclusion of the event. (c) Effective period. This section is effective from 7 a.m. until 4 p.m. on May 12, 2018. (d) Informational broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs) of the enforcement period for the [[Page 21174]] regulated area as well as any changes in the dates and times of enforcement. Dated: April 23, 2018. R. Tamez, Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi River. [FR Doc. 2018-09908 Filed 5-8-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations 21171
result in loss of engine thrust control, and may examine the EASA AD in the AD docket regatta. Entry of vessels or persons into
reduced control of the airplane. on the internet at http://www.regulations.gov this regulated area is prohibited unless
by searching for and locating it in Docket No. authorized by the Captain of the Port
(f) Compliance FAA–2018–0287.
Comply with this AD within the Sector Lower Mississippi River (COTP)
compliance times specified, unless already (k) Material Incorporated by Reference or a designated representative.
done. (1) The Director of the Federal Register DATES: This rule is effective from 7 a.m.
approved the incorporation by reference through 4 p.m. on May 12, 2018.
(g) Required Actions (IBR) of the service information listed in this ADDRESSES: To view documents
(1) For engines with an oil pump assembly, paragraph under 5 U.S.C. 552(a) and 1 CFR
part number (P/N) V112225 or P/N mentioned in this preamble as being
part 51.
NPN11962, installed: (2) You must use this service information available in the docket, go to http://
(i) After the effective date of this AD, as applicable to do the actions required by www.regulations.gov, type USCG–2018–
within 30 days or 25 flight hours, whichever this AD, unless the AD specifies otherwise. 0313 in the ‘‘SEARCH’’ box and click
occurs first, inspect the oil pump assembly (i) Rolls-Royce plc Alert Service Bulletin ‘‘SEARCH.’’ Click on Open Docket
to determine the P/N of the oil pressure filter Mk. 601–22 Number 72–A208, dated Folder on the line associated with this
in accordance with the Accomplishment September 2017. rule.
Instructions, Paragraph 2.A.(3), of RR Alert (ii) Reserved. FOR FURTHER INFORMATION CONTACT: If
Service Bulletin (ASB) Mk. 601–22 Number (3) For Rolls-Royce plc service information
72–A208, dated September 2017. you have questions about this rule, call
identified in this AD, contact DA Services
(ii) If an oil pressure filter, P/N V21264, is Operations Room at Rolls-Royce plc, Defense or email Petty Officer Todd Manow,
installed, replace the oil pressure filter before Sector Bristol, WH–70, P.O. Box 3, Filton, Sector Lower Mississippi River
the next flight with oil filter, P/N 2526, in Bristol BS34 7QE, United Kingdom; phone: Prevention Department, U.S. Coast
accordance with the Accomplishment +44 (0) 117 97 90700; fax: +44 (0) 117 97 Guard, telephone 901–521–4813, email
Instructions, Paragraph 2.A.(3)(b), of RR ASB 95498; email: defence-operations-room@ Todd.M.Manow@uscg.mil.
Mk. 601–22 Number 72–A208, dated rolls-royce.com. SUPPLEMENTARY INFORMATION:
September 2017. (4) You may view this service information
(2) For engines with an oil pump assembly, at FAA, Engine & Propeller Standards I. Table of Abbreviations
P/N V112027, installed: Branch, 1200 District Avenue, Burlington,
(i) After the effective date of this AD, CFR Code of Federal Regulations
MA 01803. For information on the COTP Captain of the Port Sector Lower
within 30 days or 25 flight hours, whichever availability of this material at the FAA, call
occurs first, replace the oil pump assembly Mississippi River
781–238–7759. DHS Department of Homeland Security
with oil pump assembly, P/N V112225 or P/ (5) You may view this service information
N NPN11962, in accordance with the FR Federal Register
that is incorporated by reference at the NPRM Notice of proposed rulemaking
Accomplishment Instructions, Paragraph National Archives and Records
2.A.(2), of RR ASB Mk. 601–22 Number 72– § Section
Administration (NARA). For information on U.S.C. United States Code
A208, dated September 2017. the availability of this material at NARA, call
(ii) Reserved. 202–741–6030, or go to: http:// II. Background Information and
(h) Installation Prohibition www.archives.gov/federal-register/cfr/ibr- Regulatory History
locations.html.
After the effective date of this AD, do not The Coast Guard is issuing this
install an oil pump assembly, P/N V112027, Issued in Burlington, Massachusetts, on temporary final rule without prior
or an oil pressure filter, P/N V21264, on any April 25, 2018. notice and opportunity to comment
engine, nor return any engine to service with Robert J. Ganley, pursuant to authority under section 4(a)
an oil pump assembly, P/N V112027, or an
oil pressure filter, P/N V21264, installed.
Manager, Engine and Propeller Standards of the Administrative Procedure Act
Branch, Aircraft Certification Service. (APA) (5 U.S.C. 553(b)). This provision
(i) Alternative Methods of Compliance [FR Doc. 2018–09913 Filed 5–8–18; 8:45 am] authorizes an agency to issue a rule
(AMOCs) BILLING CODE 4910–13–P without prior notice and opportunity to
(1) The Manager, ECO Branch, FAA, has comment when the agency, for good
the authority to approve AMOCs for this AD, cause, finds that those procedures are
if requested using the procedures found in 14 ‘‘impracticable, unnecessary, or contrary
CFR 39.19. In accordance with 14 CFR 39.19, DEPARTMENT OF HOMELAND
send your request to your principal inspector SECURITY to the public interest.’’ Under 5 U.S.C.
or local Flight Standards District Office, as 553(b)(3)(B), the Coast Guard finds that
appropriate. If sending information directly Coast Guard good cause exists for not publishing a
to the manager of the certification office, notice of proposed rulemaking (NPRM)
send it to the attention of the person 33 CFR Part 100 with respect to this rule because it is
identified in paragraph (j)(1) of this AD. You impracticable. The Coast Guard did not
may email your request to: ANE-AD-AMOC@ [Docket Number USCG–2018–0313]
receive the event details in sufficient
faa.gov. RIN 1625–AA08 time to publish an NPRM. We must
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
establish this special local regulation on
Special Local Regulation; Wolf River May 12, 2018 and lack sufficient time to
or lacking a principal inspector, the manager Chute, Memphis, TN
of the local flight standards district office/ provide a reasonable comment period
certificate holding district office. AGENCY: Coast Guard, DHS. and then consider those comments
ACTION: Temporary final rule. before issuing this rule. The NPRM
(j) Related Information
process would delay the establishment
(1) For more information about this AD, SUMMARY: The Coast Guard is of the regulated area until after the date
contact Robert Green, Aerospace Engineer, establishing a temporary special local of the regatta and compromise public
amozie on DSK3GDR082PROD with RULES
ECO Branch, FAA, 1200 District Avenue,
regulation for all navigable waters of the safety.
Burlington, MA 01803; phone: 781–238–
7754; fax: 781–238–7199; email: Wolf River Chute in the vicinity of the Under 5 U.S.C. 553(d)(3), the Coast
robert.green@faa.gov. Mud Island River Park near Memphis, Guard finds that good cause exists for
(2) Refer to European Aviation Safety TN. This action is necessary to protect making this temporary rule effective less
Agency (EASA) AD 2017–0197, dated spectators and vessels during the than 30 days after publication in the
October 6, 2017, for more information. You Duncan William Dragon Boat Races Federal Register. Delaying the effective
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![21174 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
regulated area as well as any changes in the person identified in the FOR FURTHER vehicle if it is determined that there has
the dates and times of enforcement. INFORMATION CONTACT section for been tampering with the vehicle’s
Dated: April 23, 2018. additional availability information. emission controls.
FOR FURTHER INFORMATION CONTACT: The EPA’s rationale for the proposed
R. Tamez,
Reema Loutan, Air Programs Branch, approval of the SIP revision was
Captain, U.S. Coast Guard, Captain of the presented in the October 6, 2017
Port Sector Lower Mississippi River. U.S. Environmental Protection Agency,
290 Broadway, 25th Floor, New York, proposal, referenced above, and will not
[FR Doc. 2018–09908 Filed 5–8–18; 8:45 am]
New York 10007, at (212) 637–3760, or be restated here.
BILLING CODE 9110–04–P
by email at loutan.reema@epa.gov. III. What comments were received in
SUPPLEMENTARY INFORMATION: response to the EPA’s proposed action?
ENVIRONMENTAL PROTECTION I. What action is the EPA taking today? The proposed action provided a 30-
AGENCY II. What was submitted by the NJDEP and day public comment period. During this
how did the EPA respond? period, two comments were received.
40 CFR Part 52 III. What comments were received in One comment discussed greenhouse gas
response to the EPA’s proposed action?
[EPA–R02–OAR–2017–0101; FRL–9977– concerns and is not relevant to the
IV. What is the EPA’s conclusion?
61—Region 2] V. Incorporation by Reference
content of the I/M SIP revision
VI. Statutory and Executive Order Reviews submitted by New Jersey. The second
Approval and Promulgation of comment and EPA’s response is
Implementation Plans; New Jersey; I. What action is the EPA taking today? discussed below.
Motor Vehicle Enhanced Inspection The EPA is approving a request from Comment #2: An anonymous
and Maintenance Program New Jersey to revise its SIP to commenter asked ‘‘Why would we not
incorporate revisions to the enhanced test and control idling emissions? What
AGENCY: Environmental Protection is to be gained by not ensuring that this
Agency (EPA). inspection and maintenance (I/M)
program. doesn’t allow harmful toxins and
ACTION: Final rule. particulate matter into the air? Do you
II. What was submitted by the NJDEP want your child on line for the school
SUMMARY: The Environmental Protection and how did the EPA respond? bus that is idling and spewing?’’
Agency (EPA) is approving a request Response: Under this SIP revision,
from New Jersey to revise its State On September 16, 2016, New Jersey
submitted to the EPA revisions to the New Jersey’s revised SIP will expand
Implementation Plan (SIP) to inspection test requirements to all
incorporate revisions to the motor New Jersey SIP pertaining to New
Jersey’s motor vehicle enhanced I/M vehicles with OBD systems that are
vehicle enhanced inspection and covered by New Jersey I/M testing
maintenance (I/M) program. New Jersey program. On October 6, 2017 (82 FR
46742), the EPA published a notice of program. Light duty gasoline vehicles
has made several amendments to its from model year 1996 and later, and
I/M program and has requested that the proposed rulemaking to approve the
revisions to the SIP for New Jersey’s heavy-duty engines and vehicles
SIP be revised to include these changes. between 8,500 and 14,000 pounds gross
EPA is approving New Jersey’s I/M program. The revisions submitted
by New Jersey include: vehicle weight rating from 2008 and
amendments to its I/M program to
discontinue idle tests on model years • Discontinuing the two-speed idle later are all required by EPA regulations
tests on model year 1981–1995 light to have OBD systems.
1995 and older light duty gasoline The OBD system processes readings
vehicles, idle tests on heavy-duty duty gasoline vehicles, idle tests on pre-
1981 model year light duty gasoline from sensors in the engine and along the
gasoline vehicles and gas cap leak exhaust system to monitor and record
testing. In addition, heavy-duty gasoline vehicles, and idle tests on heavy-duty
gasoline vehicles; indicators of engine performance,
vehicles equipped with on-board
diagnostics (OBD) will be subject to • Discontinuing the smoke opacity performance of the fuel delivery system,
test for diesel-powered vehicles and functioning of the emission control
OBD testing with this revision. The system. The OBD system thus monitors
intended effect of this action is to equipped with an on-board diagnostic
(OBD) system; for nearly all potential emission control
maintain consistency between the State-
• Discontinuing the rolling component malfunctions that may cause
adopted rules and the federally excess vehicle emissions, and an OBD
acceleration smoke opacity test and the
approved SIP. inspection test provides technicians
power brake smoke opacity test for
DATES: This rule is effective on June 8, with timely and accurate emissions data
heavy-duty diesel motor vehicles;
2018. • Replacing the fuel cap leak test or and flags malfunctions early, which
ADDRESSES: The EPA has established a gas cap test for gasoline-fueled vehicles helps vehicle owners better maintain
docket for this action under Docket ID with a visual gas cap check to ensure their vehicles. Thus, OBD inspection
No. EPA–R02–OAR–2017–0101. All the gas cap is present; tests play a key role in helping states
documents in the docket are listed on • Requiring an OBD test for every meet national air quality standards, and
the www.regulations.gov website. vehicle subject to inspection that is offers significant benefits to state and
Although listed in the index, some required by the EPA to be equipped local agencies working to improve air
information is not publicly available, with an OBD system; quality through vehicle inspection and
e.g., confidential business information • Requiring inspections for maintenance programs.
or other information whose disclosure is commercial vehicles; New Jersey’s SIP revision does
restricted by statute. Certain other • Requiring that re-inspections of all eliminate tailpipe idle tests for model
amozie on DSK3GDR082PROD with RULES
material, such as copyrighted material, vehicles be performed at New Jersey’s year 1995 and earlier light duty vehicles
is not placed on the internet and will be decentralized I/M facilities; and all heavy-duty gasoline vehicles.
publicly available only in hard copy • Adding procedures for the diesel However, the number of vehicles that
form. Publicly available docket exhaust after-treatment checks; and will no longer require idle testing and
materials are available through • Authorizing inspectors of both that also do not have OBD systems is a
www.regulations.gov, or please contact gasoline and diesel vehicles to fail a small proportion of vehicles in New
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Document Created: 2018-05-09 03:17:30
Document Modified: 2018-05-09 03:17:30
| 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 | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 7 a.m. through 4 p.m. on May 12, 2018. | |
| Contact | If you have questions about this rule, call or email Petty Officer Todd Manow, Sector Lower Mississippi River Prevention Department, U.S. Coast Guard, telephone 901-521-4813, email [email protected] | |
| FR Citation | 83 FR 21171 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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