83 FR 23232 - Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 97 (May 18, 2018)
Federal Register Volume 83, Issue 97 (May 18, 2018)
| Page Range | 23232-23238 | |
| FR Document | 2018-10570 |
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)] [Rules and Regulations] [Pages 23232-23238] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10570] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0620; FRL-9978-19--Region 9] Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a submittal by the State of California (``State'') to revise its State Implementation Plan (SIP). The submittal consists of State regulations establishing standards and other requirements relating to the control of emissions from certain new and in-use on- road and off-road vehicles and engines. The EPA is approving the SIP revision because the regulations meet the applicable requirements of the Clean Air Act. Approval of these regulations as part of the California SIP makes them federally enforceable. DATES: This rule is effective on June 18, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0620. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (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 http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: John Ungvarsky, EPA Region IX, (415) 972-3963, ungvarsky.john@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On February 27, 2018 (83 FR 8403) (``proposed rule''), the EPA proposed to approve a SIP revision submitted by the California Air Resources Board (CARB) on June 15, 2017. The submittal consists of certain state regulations establishing standards and other requirements relating to the control of emissions from new on-road and new and in- use off-road vehicles and engines (referred to herein as ``mobile source regulations'') for which the EPA has previously issued waivers or authorizations under section 209(b) or section 209(e)(2), respectively, of the Clean Air Act (``Act'' or CAA). Our proposed rule provided background information concerning the CAA, national ambient air quality standards (NAAQS), SIPs, and other matters pertinent to this rulemaking. See 83 FR at 8403-8404. We noted in particular that a basic content requirement for SIPs is that they include enforceable emission limitations and other control measures, means, or techniques as may be necessary or appropriate to meet the applicable requirements of the CAA (see section 110(a)(2)(A)). We also noted that the EPA's long-standing practice was to allow California emissions reductions credit for mobile source regulations for which the EPA had issued waivers or authorizations under section 209 but that had not been submitted or approved as part of the SIP. We noted that the EPA's rationale for this long-standing practice was rejected by the United States Court of Appeals for the Ninth Circuit in Committee for a Better Arvin v. EPA, 786 F.3d 1169 (9th Cir. 2015) (Committee for a Better Arvin), and that the decision in Committee for a Better Arvin led to submittals by CARB of numerous mobile source regulations as SIP revisions on August 14, 2015, December 7, 2016, and June 15, 2017. In our proposed rule, we described CARB's June 15, 2017 SIP revision as consisting of the regulations themselves and documentation of the public [[Page 23233]] process conducted by CARB in approving the regulations as part of the California SIP. Specifically, the proposed rule included Table 1 (see below), which presents the contents of the SIP revision by mobile source category and provides, for each category, a listing of the relevant sections of the California Code of Regulations (CCR) that establish standards and other requirements for control of emissions from new on-road and new or in-use off-road vehicles or engines; the corresponding date of CARB's hearing or Executive Officer action through which the regulations or amendments were adopted; and the notice of decision in which the EPA granted a waiver or authorization for the given set of regulations. For this final rule, we are republishing Table 1 from the proposed rule. Table 1--CARB SIP Revision Submittal Summary -------------------------------------------------------------------------------------------------------------------------------------------------------- Relevant sections of Source category California Code of Date of relevant CARB hearing or EPA notice of decision Regulations executive officer action -------------------------------------------------------------------------------------------------------------------------------------------------------- Commercial Harbor Craft (CHC)........ 17 CCR section 93118.5 June 24, 2010.................... 82 FR 6500 (January 19, 2017). (excluding (e)(1)), effective for State law purposes on July 20, 2011. In-Use Diesel-Fueled Transport 13 CCR sections 2477, 2477.1 October 21, 2011................. 82 FR 6525 (January 19, 2017). Refrigeration Units (TRUs). through 2477.21, effective for State law purposes on October 15, 2012. On-Road Heavy-Duty Diesel Engines 13 CCR section 1956.8, June 23, 2011.................... 82 FR 4867 (January 17, 2017). (HDD). effective for State law purposes on December 22, 2011, and the document incorporated by reference (see table 2 below). Off-Highway Recreational Vehicles 13 CCR sections 2416, 2417, July 25, 2013.................... 82 FR 6540 (January 19, 2017). (OHRVs). 2418, 2419, 2419.1-2419.4, effective for State law purposes on April 1, 2015, and the document incorporated by reference (see table 2 below). -------------------------------------------------------------------------------------------------------------------------------------------------------- The regulations submitted by CARB and listed in Table 1 incorporate by reference certain documents that establish test procedures and labeling specifications, among other things, and CARB submitted these documents as part of the overall SIP revision. In our proposed rule, we included a table (republished as Table 2 below) that listed the incorporated documents included in the SIP submittal. Our proposed rule also included a third table in which we described the applicability of the regulations listed in Table 1 above and summarized some of the key emissions control requirements contained in the rules. See 83 FR at 8305. In this action, we are approving the regulations in Table 1 and the test procedures and specifications in Table 2 as a revision to the California SIP. Table 2--Documents Incorporated by Reference in CARB Regulations Listed in Table 1 and Submitted as Part of SIP Revision ------------------------------------------------------------------------ ------------------------------------------------------------------------- On-Road Heavy-Duty Diesel Engines: California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 12, 2011. Off-Highway Recreational Vehicles and Engines: Test Procedure for Determining Evaporative Emissions from Off- Highway Recreational Vehicles (TP-933), dated November 5, 2014. ------------------------------------------------------------------------ In our proposed rule, we described how we evaluated the regulations and how we determined that the regulations meet all applicable CAA requirements for SIPs and SIP revisions. See 83 FR at 8406-8407. In short, we determined that:CARB has provided adequate public notice of a comment period and a hearing on the draft SIP revision prior to adoption and submittal to the EPA, and thereby complied with the applicable procedural requirements for SIP revisions under the CAA section 110(l) and 40 CFR 51.102; CARB has adequate legal authority to implement the regulations because state law so provides, because the regulations are not preempted under the CAA (due to the EPA's grant of waivers or authorizations for them under CAA section 209), and because CARB is not otherwise prohibited by any provision of federal or state law from carrying out the regulations; The regulations include all the elements necessary to provide for practical enforceability, including clear applicability and exemption provisions, emissions standards and other requirements, test methods, recordkeeping and reporting provisions, and thereby establish enforceable emissions limitations as required under CAA section 110(a)(2)(A); CARB's mobile source regulations achieve emissions reductions and thereby support the various reasonable further progress, attainment, and maintenance plans developed by California to meet CAA SIP requirements, and thus would not interfere with such CAA requirements for the purposes of CAA section 110(l); and Given the longstanding nature of CARB's mobile source program, and its documented effectiveness at achieving significant reductions from mobile sources, the State has adequate personnel and funding to carry out the mobile source regulations submitted for approval as part of the California SIP. For more background information on the regulatory context for this final rule, and for additional detail on the SIP submittal itself, and our evaluation, please see our proposed rule. II. Public Comments and EPA Responses The EPA's proposed rule, published at 83 FR 8403 (February 27, 2018), provided for a 30-day comment period. The EPA received fifteen anonymous [[Page 23234]] comment letters in response to the proposed rule. Thirteen of the comments concern issues that are outside the scope of our proposed approval of the California mobile source regulations as a revision to the California SIP. The issues raised in those comments include, but are not limited to, air quality in China, EPA Administrator Scott Pruitt, renewable energy, natural gas, mining, the dangers of electric cars, wind farms, taxes, and wind turbines. We received two comment letters germane to the proposed action. In the paragraphs below, we summarize the relevant comments and provide our responses. Comment #1: The commenter agrees with the EPA's proposed approval of the California mobile source SIP revision and believes that regulation, enforcement, and implementation of the mobile source regulations should be handled on the federal level. EPA Response to Comment #1: As a general matter, the CAA assigns mobile source regulation to the EPA through title II of the Act and assigns stationary source regulation and SIP development responsibilities to the states through title I of the Act. In so doing, the CAA preempts various types of state regulation of mobile sources as set forth in section 209(a) (preemption of state emissions standards for new motor vehicles and engines), section 209(e) (preemption of state emissions standards for new and in-use off-road vehicles and engines), and section 211(c)(4)(A) (preemption of state fuel requirements for motor vehicle emission control, i.e., other than California's motor vehicle fuel requirements for motor vehicle emission control--see section 211(c)(4)(B)). For certain types of mobile source emission standards, however, the State of California may request a waiver (for motor vehicles) or authorization (for off-road engines and equipment) for standards relating to the control of emissions and accompanying enforcement procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2) (most categories of new and in-use off-road vehicles). In this action, the EPA is approving certain California mobile source regulations for which the EPA has granted waivers or authorizations under CAA sections 209(b) or 209(e)(2). Comment #2: The commenter requests that the exclusion of 17 CCR 93118.5(e)(1) (relating to low sulfur fuel requirements for commercial harbor craft) from the SIP action be reconsidered in light of the associated emissions reductions from the requirement to use such fuel. EPA Response to Comment #2: The specific paragraph in question was not submitted to the EPA as part of CARB's June 15, 2017 SIP revision and thus is not subject to the EPA's review and approval or disapproval at this time. We agree that CARB should submit the low sulfur fuel requirement for commercial harbor craft as part of the SIP if needed or relied upon to meet any CAA requirements, such as reasonable further progress or attainment demonstrations. III. Final Action Under section 110(k)(3) of the CAA, and for the reasons given in the proposed rule and summarized above, we are taking final action to approve a SIP revision submitted by CARB on June 15, 2017, that includes certain sections of title 13 and title 17 of the California Code of Regulations that establish standards and other requirements relating to the control of emissions from certain new and in-use on- road and off-road vehicles and engines. Tables 1 and 2 above list the regulations and related test procedures and other specifications we are approving in this action. We are approving the SIP revision because the regulations (and related test procedures and other specifications) included therein fulfill all relevant CAA requirements. This final action incorporates by reference the regulations into the federally enforceable SIP for the State of California. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of certain sections of title 13 and title 17 of the California Code of Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation. V. Statutory and Executive Order Reviews Under the Clean Air Act, 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, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the 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). In addition, the SIP is not approved to apply on any Indian reservation land [[Page 23235]] or in any other area where the 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. The 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 17, 2018. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 8, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: 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 F--California 0 2. Section 52.220a is amended in paragraph (c) by: 0 a. In table 1: 0 i. Adding an entry for ``1956.8(b)'' after the entry for ``1956.8(b), (c)(1)(A)(3), (d), and (h)(5)''; 0 ii. Adding entries for ``2416'', ``2417'', ``2418'', ``2419'', ``2419.1'', ``2419.2'', ``2419.3'', and ``2419.4'' after the entry for ``2413''; 0 iii. Revising the entry for ``2477''; 0 iv. Adding entries for ``2477.1'', ``2477.2'', ``2477.3'', ``2477.4'', ``2477.5'', ``2477.6'', ``2477.7'', ``2477.8'', ``2477.9'', ``2477.10'', ``2477.11'', ``2477.12'', ``2477.13'', ``2477.14'', ``2477.15'', ``2477.16'', ``2477.17'', ``2477.18'', ``2477.19'', ``2477.20'', and ``2477.21'' after the entry for ``2477''; and 0 v. Revising the entry for ``93118.5, excluding (e)(1)''; and 0 b. In table 2: 0 i. Adding an entry for ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 12, 2011'' after the entry for ``California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended September 1, 2006''; and 0 ii. Adding an entry for ``Test Procedure for Determining Evaporative Emissions from Off-Highway Recreational Vehicles (TP-933), adopted November 5, 2014'' after the entry for ``California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines, as last amended October 25, 2012''. The additions and revisions read as follows: Sec. 52.220a Identification of plan--in part. * * * * * (c) * * * Table 1--EPA-Approved Statutes and State Regulations \1\ ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Additional explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1956.8(b)........................ Exhaust Emissions 12/22/2011 [Insert Federal Updates certain test Standards and Test Register procedures. Procedures--1985 citation], 5/18/ and Subsequent 2018. Model Heavy-Duty Engines and Vehicles. * * * * * * * 2416............................. Applicability...... 4/1/2015 [Insert Federal Sections 2416-2419.4 Register establish certain citation], 5/18/ evaporative emission 2018. standards for off- highway recreational vehicles. 2417............................. Definitions........ 4/1/2015 [Insert Federal Sections 2416-2419.4 Register establish certain citation], 5/18/ evaporative emission 2018. standards for off- highway recreational vehicles. 2418............................. Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4 Emission Standards Register establish certain and Test citation], 5/18/ evaporative emission Procedures. 2018. standards for off- highway recreational vehicles. 2419............................. Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4 Emission Control Register establish certain Labels--New Off- citation], 5/18/ evaporative emission Highway 2018. standards for off- Recreational highway recreational Vehicles. vehicles. 2419.1........................... Defect Warranty 4/1/2015 [Insert Federal Sections 2416-2419.4 Requirements for Register establish certain Evaporative citation], 5/18/ evaporative emission Emissions Control 2018. standards for off- Systems of 2018 highway recreational and Later Model vehicles. Year Off-Highway Recreational Vehicles. 2419.2........................... Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4 Emissions Control Register establish certain System Warranty citation], 5/18/ evaporative emission Statement. 2018. standards for off- highway recreational vehicles. [[Page 23236]] 2419.3........................... New Off-Highway 4/1/2015 [Insert Federal Sections 2416-2419.4 Recreational Register establish certain Vehicle citation], 5/18/ evaporative emission Evaporative 2018. standards for off- Emission highway recreational Standards, vehicles. Enforcement and Recall Provisions, Warranty, Quality Audit, and New Engine Testing. 2419.4........................... Evaporative 4/1/2015 [Insert Federal Sections 2416-2419.4 Emissions Control Register establish certain System Testing and citation], 5/18/ evaporative emission Certification 2018. standards for off- Requirement. highway recreational vehicles. * * * * * * * 2477............................. Airborne Toxic 10/15/2012 [Insert Federal Sections 2477-2477.21 Control Measure Register establish emissions for In-Use Diesel- citation], 5/18/ standards and other Fueled Transport 2018. requirements relating Refrigeration to the control of Units (TRU) and emissions from in-use TRU Generator diesel-fueled Sets, and transport Facilities Where refrigeration units TRUs Operate. (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.1........................... Purpose............ 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.2........................... Applicability...... 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.3........................... Exemptions......... 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.4........................... Definitions........ 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.5........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Owners or Owner/ Register establish emissions Operators. citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.6........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Terminal Operators. Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.7........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Drivers. Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.8........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Freight Brokers Register establish emissions and Freight citation], 5/18/ standards and other Forwarders. 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.9........................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Motor Carriers. Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.10.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 California-Based Register establish emissions Shippers. citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.11.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 California-Based Register establish emissions Receivers. citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.12.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Lessors and Register establish emissions Lessees. citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. [[Page 23237]] 2477.13.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 TRU and TRU Gen Register establish emissions Set Original citation], 5/18/ standards and other Equipment 2018. requirements relating Manufacturers. to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.14.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 TRU, TRU Gen Set, Register establish emissions and TRU-Equipped citation], 5/18/ standards and other Truck and Trailer 2018. requirements relating Dealers. to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.15.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Repair Shops Register establish emissions Located in citation], 5/18/ standards and other California that 2018. requirements relating Work on TRUs or to the control of TRU Gen Sets. emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.16.......................... Requirements for 10/15/2012 [Insert Federal Sections 2477-2477.21 Engine Rebuilders. Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.17.......................... Facility Reporting. 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.18.......................... Prohibitions....... 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.19.......................... Penalties.......... 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.20.......................... Authority to 10/15/2012 [Insert Federal Sections 2477-2477.21 Request Additional Register establish emissions Information. citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. 2477.21.......................... Severability....... 10/15/2012 [Insert Federal Sections 2477-2477.21 Register establish emissions citation], 5/18/ standards and other 2018. requirements relating to the control of emissions from in-use diesel-fueled transport refrigeration units (TRUs), TRU generator sets, and facilities where TRUs operate. * * * * * * * 93118.5, excluding (e)(1)........ Airborne Toxic 7/20/2011 [Insert Federal Applicability, Control Measure Register exemptions, for Commercial citation], 5/18/ definitions, engine Harbor Craft. 2018. emission requirements, alternative control provisions, recordkeeping and reporting requirements, test methods. Excluded subsection relates to the low sulfur fuel use requirement. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications ---------------------------------------------------------------------------------------------------------------- State Title/subject effective EPA approval date Additional explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * California Exhaust Emission Standards and 12/22/2011 [Insert Federal Register Submitted by CARB on June Test Procedures for 2004 and Subsequent citation], 5/18/2018. 15, 2017. Model Heavy-Duty Diesel Engines and Vehicles, as last amended October 12, 2011. * * * * * * * Test Procedures for Determining 4/1/2015 [Insert Federal Register Submitted by CARB on June Evaporative Emissions from Off-Highway citation], 5/18/2018. 15, 2017. Recreational Vehicles (TP-933), adopted November 5, 2014. ---------------------------------------------------------------------------------------------------------------- [[Page 23238]] * * * * * [FR Doc. 2018-10570 Filed 5-17-18; 8:45 am] BILLING CODE 6560-50-P
![23232 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
1 of DHS Instruction Manual 023–01– obtain permission to enter or operate INFORMATION CONTACT section for
001–01, Rev. 01. A Record of within the safety zone. The COTP or his additional availability information.
Environmental Consideration on-scene representative may be FOR FURTHER INFORMATION CONTACT: John
supporting this determination is contacted via VHF Channel 16 or at Ungvarsky, EPA Region IX, (415) 972–
available in the docket where indicated (313) 568–9464. Vessel operators given 3963, ungvarsky.john@epa.gov.
under ADDRESSES. permission to enter or operate in the SUPPLEMENTARY INFORMATION:
G. Protest Activities regulated area must comply with all Throughout this document, ‘‘we,’’ ‘‘us’’
directions given to them by the COTP or and ‘‘our’’ refer to the EPA.
The Coast Guard respects the First his on-scene representative.
Amendment rights of protesters. Table of Contents
Dated: May 3, 2018.
Protesters are asked to contact the I. Proposed Action
person listed in the FOR FURTHER Jeffrey W. Novak,
II. Public Comments and EPA Responses
INFORMATION CONTACT section to Captain, U.S. Coast Guard, Captain of the III. Final Action
coordinate protest activities so that your Port Detroit. IV. Incorporation by Reference
message can be received without [FR Doc. 2018–10647 Filed 5–17–18; 8:45 am] V. Statutory and Executive Order Reviews
jeopardizing the safety or security of BILLING CODE 9110–04–P
I. Proposed Action
people, places or vessels.
On February 27, 2018 (83 FR 8403)
List of Subjects in 33 CFR Part 165 (‘‘proposed rule’’), the EPA proposed to
ENVIRONMENTAL PROTECTION
Harbors, Marine safety, Navigation AGENCY approve a SIP revision submitted by the
(water), Reporting and recordkeeping California Air Resources Board (CARB)
requirements, Security measures, 40 CFR Part 52 on June 15, 2017. The submittal consists
Waterways. of certain state regulations establishing
[EPA–R09–OAR–2017–0620; FRL–9978–
For the reasons discussed in the standards and other requirements
19—Region 9]
preamble, the Coast Guard amends 33 relating to the control of emissions from
CFR part 165 as follows: Approval and Promulgation of new on-road and new and in-use off-
Implementation Plans; California; road vehicles and engines (referred to
PART 165—REGULATED NAVIGATION California Mobile Source Regulations herein as ‘‘mobile source regulations’’)
AREAS AND LIMITED ACCESS AREAS for which the EPA has previously issued
AGENCY: Environmental Protection waivers or authorizations under section
■ 1. The authority citation for part 165 Agency (EPA). 209(b) or section 209(e)(2), respectively,
continues to read as follows: ACTION: Final rule. of the Clean Air Act (‘‘Act’’ or CAA).
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Our proposed rule provided
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: The Environmental Protection background information concerning the
Department of Homeland Security Delegation Agency (EPA) is taking final action to CAA, national ambient air quality
No. 0170.1. approve a submittal by the State of standards (NAAQS), SIPs, and other
■ 2. Add § 165.T09–0248 to read as California (‘‘State’’) to revise its State matters pertinent to this rulemaking.
follows: Implementation Plan (SIP). The See 83 FR at 8403–8404. We noted in
submittal consists of State regulations particular that a basic content
§ 165.T09–0248 Safety Zone; Algonac establishing standards and other
Fireworks, St. Clair River, Algonac, MI. requirement for SIPs is that they include
requirements relating to the control of enforceable emission limitations and
(a) Location. A safety zone is emissions from certain new and in-use
established to include all U.S. navigable other control measures, means, or
on-road and off-road vehicles and techniques as may be necessary or
waters of the St. Clair River, Algonac, engines. The EPA is approving the SIP
MI, within a 700-foot radius of position appropriate to meet the applicable
revision because the regulations meet requirements of the CAA (see section
42°37.1′ N, 082°31.36′ W (NAD 83). the applicable requirements of the Clean
(b) Enforcement period. The regulated 110(a)(2)(A)). We also noted that the
Air Act. Approval of these regulations EPA’s long-standing practice was to
area described in paragraph (a) will be as part of the California SIP makes them
enforced from 10 p.m. through 11:30 allow California emissions reductions
federally enforceable. credit for mobile source regulations for
p.m. on June 29, 2018 and June 30,
DATES: This rule is effective on June 18, which the EPA had issued waivers or
2018.
(c) Regulations. (1) No vessel or 2018. authorizations under section 209 but
person may enter, transit through, or ADDRESSES: The EPA has established a that had not been submitted or
anchor within the safety zone unless docket for this action under Docket ID approved as part of the SIP. We noted
authorized by the Captain of the Port No. EPA–R09–OAR–2017–0620. All that the EPA’s rationale for this long-
Detroit (COTP), or his on-scene documents in the docket are listed on standing practice was rejected by the
representative. the http://www.regulations.gov website. United States Court of Appeals for the
(2) The safety zone is closed to all Although listed in the index, some Ninth Circuit in Committee for a Better
vessel traffic, except as may be information is not publicly available, Arvin v. EPA, 786 F.3d 1169 (9th Cir.
permitted by the COTP or his on-scene e.g., Confidential Business Information 2015) (Committee for a Better Arvin),
representative. (CBI) or other information whose and that the decision in Committee for
(3) The ‘‘on-scene representative’’ of disclosure is restricted by statute. a Better Arvin led to submittals by
COTP is any Coast Guard Certain other material, such as CARB of numerous mobile source
sradovich on DSK3GMQ082PROD with RULES
commissioned, warrant or petty officer copyrighted material, is not placed on regulations as SIP revisions on August
or a Federal, State, or local law the internet and will be publicly 14, 2015, December 7, 2016, and June
enforcement officer designated by or available only in hard copy form. 15, 2017.
assisting the Captain of the Port Detroit Publicly available docket materials are In our proposed rule, we described
to act on his behalf. available through http:// CARB’s June 15, 2017 SIP revision as
(4) Vessel operators shall contact the www.regulations.gov, or please contact consisting of the regulations themselves
COTP or his on-scene representative to the person identified in the FOR FURTHER and documentation of the public
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![Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations 23235
or in any other area where the EPA or and shall not postpone the effectiveness ‘‘2419.3’’, and ‘‘2419.4’’ after the entry
an Indian tribe has demonstrated that a of such rule or action. This action may for ‘‘2413’’;
tribe has jurisdiction. In those areas of not be challenged later in proceedings to ■ iii. Revising the entry for ‘‘2477’’;
Indian country, the rule does not have enforce its requirements. (See section ■ iv. Adding entries for ‘‘2477.1’’,
tribal implications and will not impose 307(b)(2).) ‘‘2477.2’’, ‘‘2477.3’’, ‘‘2477.4’’, ‘‘2477.5’’,
substantial direct costs on tribal ‘‘2477.6’’, ‘‘2477.7’’, ‘‘2477.8’’, ‘‘2477.9’’,
List of Subjects in 40 CFR Part 52
governments or preempt tribal law as ‘‘2477.10’’, ‘‘2477.11’’, ‘‘2477.12’’,
specified by Executive Order 13175 (65 Environmental protection, Air
‘‘2477.13’’, ‘‘2477.14’’, ‘‘2477.15’’,
FR 67249, November 9, 2000). pollution control, Carbon monoxide,
‘‘2477.16’’, ‘‘2477.17’’, ‘‘2477.18’’,
The Congressional Review Act, 5 Incorporation by reference,
‘‘2477.19’’, ‘‘2477.20’’, and ‘‘2477.21’’
U.S.C. 801 et seq., as added by the Small Intergovernmental relations, Nitrogen
after the entry for ‘‘2477’’; and
Business Regulatory Enforcement dioxide, Ozone, Particulate matter,
■ v. Revising the entry for ‘‘93118.5,
Fairness Act of 1996, generally provides Reporting and recordkeeping
that before a rule may take effect, the requirements, Volatile organic excluding (e)(1)’’; and
agency promulgating the rule must compounds. ■ b. In table 2:
submit a rule report, which includes a ■ i. Adding an entry for ‘‘California
Authority: 42 U.S.C. 7401 et seq.
copy of the rule, to each House of the Exhaust Emission Standards and Test
Dated: May 8, 2018. Procedures for 2004 and Subsequent
Congress and to the Comptroller General
Alexis Strauss, Model Heavy-Duty Diesel Engines and
of the United States. The EPA will
submit a report containing this action Acting Regional Administrator, Region IX. Vehicles, as last amended October 12,
and other required information to the Chapter I, title 40 of the Code of 2011’’ after the entry for ‘‘California
U.S. Senate, the U.S. House of Federal Regulations is amended as Exhaust Emission Standards and Test
Representatives, and the Comptroller follows: Procedures for 2004 and Subsequent
General of the United States prior to Model Heavy-Duty Diesel Engines, as
publication of the rule in the Federal PART 52—APPROVAL AND last amended September 1, 2006’’; and
Register. A major rule cannot take effect PROMULGATION OF ■ ii. Adding an entry for ‘‘Test
until 60 days after it is published in the IMPLEMENTATION PLANS Procedure for Determining Evaporative
Federal Register. This action is not a Emissions from Off-Highway
■ 1. The authority citation for part 52
‘‘major rule’’ as defined by 5 U.S.C. Recreational Vehicles (TP–933), adopted
continues to read as follows:
804(2). November 5, 2014’’ after the entry for
Under section 307(b)(1) of the Clean Authority: 42 U.S.C. 7401 et seq. ‘‘California Exhaust Emissions
Air Act, petitions for judicial review of Standards and Test Procedures for 1997
Subpart F—California and Later Off-Highway Recreational
this action must be filed in the United
States Court of Appeals for the ■ 2. Section 52.220a is amended in Vehicles and Engines, as last amended
appropriate circuit by July 17, 2018. paragraph (c) by: October 25, 2012’’.
Filing a petition for reconsideration by ■ a. In table 1: The additions and revisions read as
the Administrator of this final rule does ■ i. Adding an entry for ‘‘1956.8(b)’’ follows:
not affect the finality of this action for after the entry for ‘‘1956.8(b),
the purposes of judicial review nor does (c)(1)(A)(3), (d), and (h)(5)’’; § 52.220a Identification of plan—in part.
it extend the time within which a ■ ii. Adding entries for ‘‘2416’’, ‘‘2417’’, * * * * *
petition for judicial review may be filed, ‘‘2418’’, ‘‘2419’’, ‘‘2419.1’’, ‘‘2419.2’’, (c) * * *
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State
State citation Title/subject effective EPA approval date Additional explanation
date
* * * * * * *
1956.8(b) ........................... Exhaust Emissions Standards 12/22/2011 [Insert Federal Register Updates certain test procedures.
and Test Procedures—1985 citation], 5/18/2018.
and Subsequent Model
Heavy-Duty Engines and Ve-
hicles.
* * * * * * *
2416 .................................. Applicability ................................ 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
citation], 5/18/2018. sion standards for off-highway recreational vehicles.
2417 .................................. Definitions .................................. 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
citation], 5/18/2018. sion standards for off-highway recreational vehicles.
2418 .................................. Evaporative Emission Standards 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
and Test Procedures. citation], 5/18/2018. sion standards for off-highway recreational vehicles.
2419 .................................. Evaporative Emission Control 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
Labels—New Off-Highway citation], 5/18/2018. sion standards for off-highway recreational vehicles.
Recreational Vehicles.
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2419.1 ............................... Defect Warranty Requirements 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
for Evaporative Emissions citation], 5/18/2018. sion standards for off-highway recreational vehicles.
Control Systems of 2018 and
Later Model Year Off-High-
way Recreational Vehicles.
2419.2 ............................... Evaporative Emissions Control 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
System Warranty Statement. citation], 5/18/2018. sion standards for off-highway recreational vehicles.
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![23236 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
2419.3 ............................... New Off-Highway Recreational 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
Vehicle Evaporative Emission citation], 5/18/2018. sion standards for off-highway recreational vehicles.
Standards, Enforcement and
Recall Provisions, Warranty,
Quality Audit, and New En-
gine Testing.
2419.4 ............................... Evaporative Emissions Control 4/1/2015 [Insert Federal Register Sections 2416–2419.4 establish certain evaporative emis-
System Testing and Certifi- citation], 5/18/2018. sion standards for off-highway recreational vehicles.
cation Requirement.
* * * * * * *
2477 .................................. Airborne Toxic Control Measure 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
for In-Use Diesel-Fueled citation], 5/18/2018. and other requirements relating to the control of emis-
Transport Refrigeration Units sions from in-use diesel-fueled transport refrigeration
(TRU) and TRU Generator units (TRUs), TRU generator sets, and facilities where
Sets, and Facilities Where TRUs operate.
TRUs Operate.
2477.1 ............................... Purpose ..................................... 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.2 ............................... Applicability ................................ 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.3 ............................... Exemptions ................................ 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.4 ............................... Definitions .................................. 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.5 ............................... Requirements for Owners or 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Owner/Operators. citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.6 ............................... Requirements for Terminal Op- 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
erators. citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.7 ............................... Requirements for Drivers .......... 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.8 ............................... Requirements for Freight Bro- 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
kers and Freight Forwarders. citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.9 ............................... Requirements for Motor Carriers 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.10 ............................. Requirements for California- 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Based Shippers. citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.11 ............................. Requirements for California- 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Based Receivers. citation], 5/18/2018. and other requirements relating to the control of emis-
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sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.12 ............................. Requirements for Lessors and 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Lessees. citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State
State citation Title/subject effective EPA approval date Additional explanation
date
2477.13 ............................. Requirements for TRU and TRU 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Gen Set Original Equipment citation], 5/18/2018. and other requirements relating to the control of emis-
Manufacturers. sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.14 ............................. Requirements for TRU, TRU 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Gen Set, and TRU-Equipped citation], 5/18/2018. and other requirements relating to the control of emis-
Truck and Trailer Dealers. sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.15 ............................. Requirements for Repair Shops 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Located in California that citation], 5/18/2018. and other requirements relating to the control of emis-
Work on TRUs or TRU Gen sions from in-use diesel-fueled transport refrigeration
Sets. units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.16 ............................. Requirements for Engine Re- 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
builders. citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.17 ............................. Facility Reporting ....................... 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.18 ............................. Prohibitions ................................ 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.19 ............................. Penalties .................................... 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.20 ............................. Authority to Request Additional 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
Information. citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
2477.21 ............................. Severability ................................ 10/15/2012 [Insert Federal Register Sections 2477–2477.21 establish emissions standards
citation], 5/18/2018. and other requirements relating to the control of emis-
sions from in-use diesel-fueled transport refrigeration
units (TRUs), TRU generator sets, and facilities where
TRUs operate.
* * * * * * *
93118.5, excluding (e)(1) .. Airborne Toxic Control Measure 7/20/2011 [Insert Federal Register Applicability, exemptions, definitions, engine emission re-
for Commercial Harbor Craft. citation], 5/18/2018. quirements, alternative control provisions, record-
keeping and reporting requirements, test methods. Ex-
cluded subsection relates to the low sulfur fuel use re-
quirement.
* * * * * * *
1 Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California
test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or quasi-reg-
ulatory are listed in paragraph (e).
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS
State
Title/subject effective EPA approval date Additional explanation
date
* * * * * * *
California Exhaust Emission Standards and 12/22/2011 [Insert Federal Register citation], Submitted by CARB on June 15, 2017.
Test Procedures for 2004 and Subsequent 5/18/2018.
Model Heavy-Duty Diesel Engines and Vehi-
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cles, as last amended October 12, 2011.
* * * * * * *
Test Procedures for Determining Evaporative 4/1/2015 [Insert Federal Register citation], Submitted by CARB on June 15, 2017.
Emissions from Off-Highway Recreational 5/18/2018.
Vehicles (TP–933), adopted November 5,
2014.
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![23238 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
* * * * * SUPPLEMENTARY INFORMATION: General Instructions for Submitting
[FR Doc. 2018–10570 Filed 5–17–18; 8:45 am] Comments
BILLING CODE 6560–50–P
I. Comments Invited
All submissions must include the
TSA published an IFR, with request agency name and docket number for this
for comments, in 2004 to establish notice. With the exception of items
DEPARTMENT OF HOMELAND requirements for alien flight training requiring special handling, all
SECURITY and security awareness training for comments received will be posted
flight school employees.1 TSA evaluated without change to http://
Transportation Security Administration
all public comments received on the www.regulations.gov.
IFR, whether received before or after the
49 CFR Part 1552 Handling of Confidential or Proprietary
original comment period closed on
[Docket No. TSA–2004–19147]
Information and SSI Submitted in
October 20, 2004. It is not necessary for Public Comments
RIN 1652–AA35 commenters to resubmit issues
previously raised, but TSA believes Do not submit comments to the public
Flight Training for Aliens and Other reopening the comment period is regulatory docket that contain trade
Designated Individuals; Security advisable to obtain updated information secrets, confidential commercial or
Awareness Training for Flight School and perspectives from regulated entities financial information, or sensitive
Employees; Reopening of Comment on the impact of the regulation. security information (SSI). Please
Period contact afsp.help@tsa.dhs.gov for
TSA invites interested persons to instructions on how to submit
AGENCY: Transportation Security participate in this rulemaking by information requiring special handling.
Administration, DHS. submitting written comments, data, or TSA will not place such information in
ACTION: Interim final rule; reopening of views. See ADDRESSES above for the public docket and will handle them
comment period. information on where to submit in accordance with applicable
comments. In general, TSA seeks safeguards and restrictions on access.
SUMMARY: The Transportation Security comments on the broad areas outlined TSA will hold documents containing
Administration (TSA) is reopening the within this notice. TSA also seeks SSI, confidential business information,
comment period for the interim final comments on how this rulemaking or trade secrets in a separate file to
rule (IFR) that established the Alien could be modified to maximize benefits which the public does not have access,
Flight Student Program (AFSP). TSA is while reducing excessive, unjustified, or and place a note in the public docket
in the process of finalizing the IFR with unnecessary costs. We also invite explaining commenters have submitted
modifications to improve the efficiency comments relating to the current such documents. TSA may include a
and efficacy of this program consistent economic, environmental, energy, or redacted version of the comment in the
with regulatory reform requirements of federalism impacts of this regulation. public docket. Requests to examine or
Executive Orders (E.O.) 13771 (Jan. 30,
TSA asks that commenters provide as copy information that is not in the
2017) and 13777 (Feb. 24, 2017). To
much information as possible. public docket will be treated as any
ensure TSA has adequately considered
Whenever possible, please provide other request under the Freedom of
relevant options, we are reopening the
citations and copies of any relevant Information Act (FOIA) (5 U.S.C. 552)
comment period on the IFR. In
studies or reports on which you rely, as and the Department of Homeland
particular, TSA is requesting comments
well as any additional data which Security’s (DHS’) FOIA regulation found
on three types of issues: Scope of
supports your comment. It is also in 6 CFR part 5.
security threat assessments (STAs),
including who should receive them and helpful to explain the basis and Reviewing Comments in the Docket
the frequency of such assessments; reasoning underlying your comment.
For access to the docket to read
options for reducing the burden of TSA appreciates all information background documents or comments, go
recordkeeping requirements, including provided. While complete answers are to http://www.regulations.gov. The
the use of electronic records; and preferable, we recognize providing docket for this rulemaking currently
sources of data on costs and other detailed comments on every question includes the 2004 IFR and all comments
programmatic impacts of the rule. TSA could be burdensome and will consider received on that rulemaking.
is reopening the comment period for an all comments, regardless of whether the
additional 30 days. response is complete. TSA does not II. Background
DATES: The comment period for the expect every commenter will be able to TSA published the 2004 IFR to fulfill
interim final rule published at 69 FR answer every question. Please respond the requirement in Sec. 612(a) of the
56324 (Sept. 20, 2004), is reopened. to those questions you feel able to Vision 100-Century of Aviation
Comments must be received by June 18, answer or that address your particular Reauthorization Act.2 The IFR created
2018. issue. part 1552, Flight Schools, in title 49 of
ADDRESSES: You may submit comments, TSA encourages responses from all the Code of Federal Regulations (CFR).
identified by the TSA docket number to interested entities, not just flight schools The regulation applies to flight schools
this rulemaking, through the Federal and the applicants for flight training. If, and to individuals who apply for or
eRulemaking Portal: http:// however, you are not directly subject to receive flight training. TSA issued
www.regulations.gov. Follow the this regulation or its requirements, exemptions and clarifications in
sradovich on DSK3GMQ082PROD with RULES
instructions for submitting comments. please explain your interest in this response to comments on the regulation
FOR FURTHER INFORMATION CONTACT: rulemaking and how your comments and questions raised during operation of
Johannes Knudsen (TSA Alien Flight may assist in TSA’s development of the
2 Public Law 108–176, 117 Stat. 2490, 2572 (Dec.
Student Program) at telephone (571) final rule.
12, 2003). This provision required TSA to establish
227–2188, or David Ross (TSA Office of a process to implement the requirements of Sec.
Chief Counsel) at telephone (571) 227– 1 See docket for this rulemaking or 69 FR 56324 612(a), including the fee provisions, not later than
2465, or email to afsp.help@tsa.dhs.gov. (Sept. 20, 2004). 60 days after the enactment of the Act.
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Document Created: 2018-05-18 02:15:35
Document Modified: 2018-05-18 02:15:35
| 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 | Final rule. | |
| Dates | This rule is effective on June 18, 2018. | |
| Contact | John Ungvarsky, EPA Region IX, (415) 972-3963, [email protected] | |
| FR Citation | 83 FR 23232 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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