[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71531-71533]
[FR Doc No: 2012-29134]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0386]
RIN 1625-AA08

Special Local Regulation; Kelley's Island Swim, Lake Erie;
Kelley's Island, Lakeside, OH

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its regulations in 33 CFR part 100
by adding a Special Local Regulation within the Captain of the Port
Detroit Zone. This regulation is intended to regulate vessel movement
in portions of Lake Erie during the annual Kelley's Island Swim. This
special local regulated area is necessary to protect swimmers from
vessel traffic.

DATES: This final rule is effective January 2, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
number USCG-2012-0386. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Benjamin Nessia, Response Department, Marine Safety
Unit Toledo, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing material
to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On June 5, 2012, the Coast Guard published an NPRM entitled Special
Local Regulation; Kelley's Island Swim, Lake Erie; Kelley's Island,
Lakeside, OH in the Federal Register (77 FR 33130). We did not receive
any comments in response to the proposed rule. No public meeting was
requested and none was held.

B. Basis and Purpose

    Each year an organized swimming event takes place in Lake Erie in
which individuals swim the four miles between Lakeside and Kelley's
Island, OH. The Captain of the Port Detroit has determined that
swimmers in close proximity to watercraft and in the shipping channel
pose extra and unusual hazards to public safety and property. Thus, the
Captain of the Port Detroit has determined that establishing a Special
Local Regulation around the location of the race's course will help
ensure the safety of persons and property at these events and help
minimize the associated risks.

C. Discussion of Comment, Changes and the Final Rule

    To mitigate the dangers presented by a large number of swimmers
crossing a shipping channel during a four mile competition, the Captain
of the Port Detroit has determined that establishing a Special Local
Regulation is necessary. Thus, the Coast Guard is amending 33 CFR part
100 by adding Sec.  100.921 to establish a permanent Special Local
Regulation. The affected area encompasses all the waters of Lake Erie
between Lakeside, OH and Kelley's Island, OH bound by a line extending
from a point on land at the Lakeside dock at positions
41[deg]32'51.96'' N; 082[deg]45'3.15'' W and 41[deg]32'52.21'' N;
082[deg]45'2.19'' W and a line extending to Kelley's Island dock to
positions 41[deg]35'24.59'' N; 082[deg]42'16.61'' W and
41[deg]35'24.44'' N; 082[deg]42'16.04'' W (Datum: NAD 83). The precise
times and dates of enforcement for this regulated area will be
determined annually.
    The Captain of the Port Detroit will use all appropriate means to
notify the public when the Special Local Regulation in this rule will
be enforced. Such means may include publication in the Federal
Register, Broadcast Notice to Mariners, Local Notice to Mariners, or,
upon request, by facsimilie (fax). Also, the Captain of the Port will
issue a Broadcast Notice to Mariners notifying the public if
enforcement of the affected area in this section is cancelled
prematurely.
    No comments were received in response to and there are no changes
to the rule as proposed by the NPRM published June 5, 2012.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The regulated area
established by this rule will be relatively small and enforced for
relatively short time. Also, the regulated area is designed to minimize
its impact on navigable waters. Furthermore, this regulated area has
been designed to allow vessels to transit the area affected by this
regulation, provided vessel operators meet the requirements set forth
by this rule. Thus, restrictions on vessel movements within any
particular area are expected to be minimal. On the whole, the Coast
Guard expects insignificant adverse impact to mariners from the
activation of this regulated area.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a

significant economic impact on a substantial number of small entities.
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.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the above portion of Lake Erie, Lakeside, OH between 7:00
a.m. and 11:00 a.m. on the dates of the event, which will be determined
annually. The special local regulation will not have a significant
economic impact on a substantial number of small entities for the
following reasons: This rule will be in effect for 4 hours on the day
of the event, and vessels wishing to transit through the affected area
may do so with caution. The Coast Guard will give notice to the public
via a local Notice to Mariners that the regulation is in effect.
Additionally, the COTP will suspend enforcement of the special local
regulation if the event for which the special local regulation is
established ends earlier than the time expected.

3. Assistance for Small Entities

    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 this 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,
above.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

10. Indian Tribal Governments

    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 Federal Government and Indian tribes.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. 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 (NEPA) (42 U.S.C. 4321-4370f), and have have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This rule is categorically excluded,
under figure 2-1, paragraph (34)(h) of the Instruction and during the
annual permitting process for this dragon boat racing event an
environmental analysis will be conducted to include the effects of this
Special Local Regulation.

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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.921 to read as follows:

Sec.  100.921  Special Local Regulation; Kelley's Island Swim, Lake
Erie, Lakeside, OH.

    (a) Regulated area. The regulated area includes all U.S. navigable
waters of lake Erie, Lakeside, OH, contained by a line connecting the
following points: two points on land at the Lakeside dock,
41[deg]32'51.96'' N/082[deg]45'3.15'' W and 41[deg]32'52.21'' N/
082[deg]45'2.19'' W, and two points on Kelley's Island at the Kelley's
Island Dock, 41[deg]35'24.59'' N/082[deg]42'16.61'' W, and
41[deg]35'24.44'' N/082[deg]42'16.04'' W (Datum: NAD 83).

    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. Vessels transiting within the regulated area shall travel at a
no-wake speed and remain vigilant for swimmers. Additionally, vessels
shall yield right-of-way for event participants and event safety craft
and shall follow directions given by event representatives during the
event.
    (c) Enforcement period. These Special Local Regulations will be
enforced annually. The exact enforcement date and times will be
published annually in the Federal Register via a Notice of Enforcement.

    Dated: November 19, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-29134 Filed 11-30-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Proposed Rules]
[Pages 8403-8408]
[FR Doc No: 2018-03992]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0620; FRL-9974-85--Region 9]

Approval and Promulgation of Implementation Plans; California;
California Mobile Source Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 proposing to approve the SIP
revision because the regulations meet the applicable requirements of
the Clean Air Act. If finalized, approval of the regulations as part of
the California SIP will make them federally enforceable.

DATES: Any comments must arrive by March 29, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0620 at http://www.regulations.gov, or via email to John
Ungvarsky, at [email protected]. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be removed or edited from
Regulations.gov. For either manner of submission, the EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, EPA Region IX, (415)
972-3963, [email protected]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Background
II. The State's Submittal
    A. What regulations did the State submit?
    B. Are there other versions of these regulations?
    C. What is the purpose of the submitted regulations?
    D. What requirements do the regulations establish?
III. EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the regulations?
    B. Do the State's regulations meet CAA SIP evaluation criteria?
    C. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Under the Clean Air Act (CAA or ``Act''), the EPA establishes
national ambient air quality standards (NAAQS) to protect public health
and welfare. The EPA has established NAAQS for certain pervasive air
pollutants including ozone, carbon monoxide, nitrogen dioxide, sulfur
dioxide, lead and particulate matter. Under section 110(a)(1) of the
CAA, states must submit plans that provide for the implementation,
maintenance, and enforcement of the NAAQS within each state. Such plans
are referred to as SIPs, and revisions to those plans are referred to
as SIP revisions. Section 110(a)(2) of the CAA sets forth the content
requirements for SIPs. Among the various requirements, SIPs must
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 CAA section 110(a)(2)(a).
    Emissions sources contributing to ambient air pollution levels can
be divided into two basic categories: Stationary emissions sources and
mobile emissions sources. As a general matter, the CAA assigns
stationary source regulation and SIP development responsibilities to
the states through title I of the Act and assigns mobile source
regulation to the EPA through title II 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),\1\ 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)).
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    \1\ EPA regulations refer to ``nonroad'' vehicles and engines
whereas California Air Resources Board (CARB) regulations refer to
``off-road'' vehicles and engines. These terms refer to the same
types of vehicles and engines, and for the purposes of this action,
we will be using CARB's chosen term, ``off-road,'' to refer to such
vehicles and engines.
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    Under California law, the California Air Resources Board (CARB) is
the State agency responsible for adopting and submitting the California
SIP and SIP revisions. Over the years, CARB has submitted, and the EPA
has approved, many county and regional air district rules regulating
stationary source emissions as part of the California SIP. See
generally 40 CFR 52.220(c). With respect to mobile sources not
specifically preempted under the CAA, CARB has submitted, and the EPA
has approved, certain specific State regulatory programs, such as the
in-use, heavy-duty, diesel-fueled truck rule, various fuels
regulations, and the vehicle inspection and maintenance program (I/M,
also known as ``smog check''). See, e.g., 77 FR 20308 (April 4, 2012)
(in-use truck and bus regulation), 75 FR 26653 (May 12, 2010)
(revisions to California on-road reformulated gasoline and diesel fuel
regulations) and 75 FR 38023 (July 1, 2010) (revisions to California
motor vehicle I/M program).
    CARB and the air districts rely on these county, regional and State
stationary and mobile source regulations to meet various CAA
requirements and include the corresponding emissions reductions in the
various regional air quality plans developed to attain and maintain the
NAAQS. The EPA generally allows California to take credit for the
corresponding emissions reductions relied upon in the various regional
air quality plans because, among other reasons, the regulations are
approved as part of the SIP and are thereby federally enforceable as
required under CAA section 110(a)(2)(A).

    With respect to mobile sources that are specifically preempted
under the CAA, CARB must request a waiver (for motor vehicles) or
authorization (for off-road engines and equipment) in order to enforce
standards relating to the control of emissions and accompanying
enforcement procedures for these types of mobile sources. See CAA
sections 209(b) (new motor vehicles) and 209(e)(2) (most categories of
new and in-use off-road vehicles). Over the years, CARB has submitted
many requests for waiver or authorization of its standards and other
requirements relating to the control of emissions from new on-road and
new and in-use off-road vehicles and engines, and the EPA has granted
many such requests. Once the EPA grants the request for waiver or
authorization, CARB may enforce the corresponding mobile source
regulations, and until 2015, the EPA had approved California air
quality plans that take credit for emissions reductions from such
regulations, notwithstanding the fact that California had not submitted
these particular regulations as part of the California SIP.
    The EPA's longstanding practice of approving California plans that
rely on emissions reductions from such ``waiver measures,''
notwithstanding the lack of approval as part of the SIP, was challenged
in several petitions filed in the Ninth Circuit Court of Appeals. In a
2015 decision, the Ninth Circuit held in favor of the petitioners on
this issue and concluded that CAA section 110(a)(2)(A) requires that
all state and local control measures on which SIPs rely to attain the
NAAQS be included in the SIP and thereby subject to enforcement by the
EPA and members of the general public. See Committee for a Better Arvin
v EPA, 786 F.3d 1169 (9th Cir. 2015).
    In response to the decision in Committee for a Better Arvin v. EPA,
CARB submitted SIP revisions on August 14, 2015, December 7, 2016, and
June 15, 2017, consisting of State mobile source regulations that
establish standards and other requirements for the control of emissions
from various new on-road and new and in-use off-road vehicles and
engines for which the EPA has issued waivers or authorizations and that
are relied upon by California regional plans to attain and maintain the
NAAQS. The EPA took final action on CARB's August 14, 2015, and
December 7, 2016 submittals at 81 FR 39424 (June 16, 2016) and 82 FR
14446 (March 21, 2017), respectively. In today's action, the EPA is
proposing action on CARB's June 15, 2017 SIP revision submittal.

II. The State's Submittal

A. What regulations did the State submit?

    On June 15, 2017, CARB submitted a SIP revision that included a set
of State mobile source regulations for which waivers or authorizations
have been granted by the EPA under section 209 of the CAA since the
previous related SIP revision submittal (i.e., since December 7, 2016).
The SIP revision consists of the regulations themselves and
documentation of the public process conducted by CARB in approving the
regulations as part of the California SIP. Table 1 below presents the
contents of the SIP revision by mobile source category and provides,
for each such 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 or in-use vehicles or
engines; the corresponding date of CARB's hearing date 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.

                                  Table 1--CARB SIP Revision Submittal Summary
----------------------------------------------------------------------------------------------------------------
                                  Relevant sections of       Date of relevant CARB
        Source category            California Code of      hearing date or Executive     EPA notice of decision
                                       Regulations              Officer action
----------------------------------------------------------------------------------------------------------------
Commercial Harbor Craft (CHC)..  17 CCR Sec.   93118.5   June 24, 2010...............  82 FR 6500
                                  (excluding (e)(1)),                                  (January 19, 2017).
                                  effective for State
                                  law purposes on July
                                  20, 2011.
In-Use Diesel-Fueled Transport   13 CCR Sec.  Sec.       October 21, 2011............  82 FR 6525
 Refrigeration Units (TRUs).      2477, 2477.1 through                                 (January 19, 2017).
                                  2477.21, effective
                                  for State law
                                  purposes on October
                                  15, 2012.
On-Road Heavy-Duty Diesel (HDD)  13 CCR Sec.   1956.8,   June 23, 2011...............  82 FR 4867
 Engines.                         effective for State                                  (January 17, 2017).
                                  law purposes on
                                  December 22, 2011,
                                  and the document
                                  incorporated by
                                  reference (see table
                                  2 below).
Off-Highway Recreational         13 CCR Sec.  Sec.       July 25, 2013...............  82 FR 6540
 Vehicles (OHRVs).                2416, 2417, 2418,                                    (January 19, 2017).
                                  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 as part of the overall SIP
revision and listed in Table 1 incorporate by reference documents that
establish test procedures, among other things. Table 2 lists the
incorporated documents included in the SIP submittal.

 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.
------------------------------------------------------------------------

    We note that CARB has expressly excluded 17 CCR Sec.  93118.5(e)(1)
from consideration as part of the SIP revision on the grounds that it
is not preempted and thus not included in the EPA's authorization of
the amended CHC regulations. The excluded provision requires use of low
sulfur fuel by all commercial harbor craft within certain California
waters with certain exceptions. This same provision was excluded from
the SIP submittal of the original CHC regulations, which the EPA
approved at 81 FR 39424 (June 16, 2016).

B. Are there other versions of these regulations?

    Historically, as noted above, CARB regulations subject to the
section 209 waiver or authorization process were not submitted to the
EPA as a revision to the California SIP. However, in the wake of the
Ninth Circuit's decision in Committee for a Better Arvin v. EPA, on
August 14, 2015, CARB submitted a large set of mobile source
regulations that had been issued waivers or authorizations to the EPA
as a SIP revision. The EPA took final approval action on this first set
of regulations on June 16, 2016 (81 FR 39424). CARB's initial set of
regulations included regulations establishing standards and other
requirements relating to the control of emissions from new on-road
vehicles and engines, including certain requirements related to on-road
HDD vehicle and engines, from new and in-use off-road vehicles and
engines, including certain requirements related to CHC, TRUs, and
OHRVs. On December 7, 2016, CARB submitted a second set of mobile
source regulations, i.e., those for which waivers or authorizations had
been issued since August 2015, and the EPA approved them on March 21,
2017 (82 FR 14446). CARB's December 7, 2016 SIP revision submittal
contained certain amended on-board diagnostic system regulations for
new on-road vehicles and engines and certain amendments to the
regulations affecting off-road large spark-ignition engines, small off-
road engines, and off-road compression-ignition engines. CARB's June
15, 2017 SIP revision submittal represents the third set of mobile
source regulations, which include regulations for which the EPA issued
waivers or authorization since December 2016. This third set of
regulations consists of amendments to the previously-approved
regulations for on-road HDD engines, CHC, TRUs, and OHRVs.

C. What is the purpose of the submitted regulations?

    California has experienced some of the most severe and most
persistent air pollution problems in the country. Under the CAA, based
on ambient data collected at numerous sites throughout the State, the
EPA has designated areas within California as nonattainment areas for
the ozone NAAQS and the particulate matter (PM) NAAQS, which includes
both coarse and fine particulate (i.e., PM10 and
PM2.5). See, generally, 40 CFR 81.305. Several areas in
California that had been designated as nonattainment areas for the
carbon monoxide NAAQS have been redesignated by the EPA as attainment
areas because they have attained the standard and are subject to an
approved maintenance plan demonstrating how they will maintain the
carbon monoxide standard into the future.
    Mobile source emissions constitute a significant portion of overall
emissions of carbon monoxide, volatile organic compounds (VOC), oxides
of nitrogen (NOX), sulfur dioxide (SO2) and PM in
the various air quality planning areas within California, and thus, the
purpose of CARB's mobile source regulations is to reduce these
emissions and thereby reduce ambient concentrations to attain and
maintain the NAAQS throughout California.\2\ At elevated levels, ozone
and PM harm human health and the environment by contributing to
premature mortality, aggravation of respiratory and cardiovascular
disease, decreased lung function, visibility impairment, and damage to
vegetation and ecosystems.
---------------------------------------------------------------------------

    \2\ VOC and NOX are precursors responsible for the
formation of ozone, and NOX and SO2 are
precursors for PM2.5. SO2 belongs to a family
of compounds referred to as sulfur oxides. PM2.5
precursors also include VOC and ammonia. See 40 CFR 51.1000.
---------------------------------------------------------------------------

D. What requirements do the regulations establish?

    Table 3 below generally describes the amended regulations listed in
table 1 above and summarizes some of the key emissions control
requirements contained in the rules.

 Table 3--General Description of Requirements Established in the Mobile
      Source Regulations Included in the June 15, 2017 SIP Revision
------------------------------------------------------------------------
                                       Description of requirements in
          Source category                   submitted regulations
------------------------------------------------------------------------
Commercial Harbor Craft (CHC).....  The 2011 amendments to the CHC
                                     regulations set forth a variety of
                                     in-use requirements, including
                                     extending the applicability of the
                                     CHC regulations to in-use crew and
                                     supply, barge and dredge vessels
                                     that are equipped with federal Tier
                                     0 and Tier 1 propulsion and
                                     auxiliary marine engines that
                                     operate within 24 miles seaward of
                                     the California coastline; eliminate
                                     certain exemptions for CHC engines
                                     that had been registered in a
                                     different CARB program; allow EPA
                                     or CARB Tier 2 or higher tier
                                     certified off-road engines to be
                                     used as auxiliary or propulsion
                                     engines in both new and in-use CHC
                                     vessels; and clarify requirements
                                     and address certain issues that
                                     have arisen during CARB's
                                     implementation of the original CHC
                                     regulations. For more information,
                                     see 82 FR 6500 (January 19, 2017).
In-Use Diesel-Fueled Transport      The 2011 amendments to the TRU
 Refrigeration Units (TRU).          regulations primarily provide
                                     owners of TRU engines with certain
                                     flexibilities; clarify
                                     recordkeeping requirements for
                                     certain types of TRU engines;
                                     establish requirements for
                                     businesses that arrange, hire,
                                     contract, or dispatch the transport
                                     of goods in TRU-equipped trucks,
                                     trailers, or containers; and
                                     address other issues that arose
                                     during the initial implementation
                                     of CARB's TRU regulation. For more
                                     information, see 82 FR 6525
                                     (January 19, 2017).
On-Road Heavy-Duty Diesel (HDD)     The 2011 amendments to the HDD in-
 Engines.                            use compliance regulations
                                     establish a new PM measurement
                                     allowance consistent with
                                     amendments by the EPA to the
                                     corresponding federal program; and
                                     clarify an exemption for certain
                                     armored cars and workover rigs. For
                                     more information, see 82 FR 4867
                                     (January 17, 2017).
Off-Highway Recreational Vehicles   The 2014 amendments to the OHRV
 (OHRVs).                            regulations establish a new
                                     evaporative emission standard of
                                     1.0 gram per day for the complete
                                     OHRV fuel system which includes
                                     running losses (evaporative
                                     emissions generated during vehicle
                                     operation), hot soak (evaporative
                                     emissions generated directly after
                                     vehicle operation), and diurnal
                                     losses (evaporative emissions
                                     generated during long term
                                     storage); establish diurnal and
                                     fuel system leakage standards and
                                     associated test procedures for 2018
                                     and subsequent model year OHRVs;
                                     and establish certain durability
                                     test procedures and other test
                                     procedure provisions for
                                     preconditioning evaporative
                                     emission control systems and
                                     components, running loss and hot
                                     soak preconditioning tests, and
                                     test procedures for the 72-hour and
                                     steady-state diurnal tests. The
                                     California OHRV category
                                     encompasses a wide variety of
                                     vehicles, including off-road
                                     motorcycles, all-terrain vehicles,
                                     off-road sport and utility
                                     vehicles, sand cars, and golf
                                     carts. For more information, see 82
                                     FR 6540 (January 19, 2017).
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III. EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the regulations?

    The EPA has evaluated the submitted regulations discussed above
against the applicable procedural and substantive requirements of the
CAA for SIPs and SIP revisions and has concluded that they meet all the
applicable requirements. Generally, SIPs must include enforceable
emission limitations and other control measures, means, or techniques,
as well as schedules and timetables for compliance, as may be necessary
to meet the requirements of the Act (see CAA section 110(a)(2)(A));
must provide necessary assurances that the state will have adequate
personnel, funding, and authority under state law to carry out such SIP
(and is not prohibited by any provision of federal or state law from
carrying out such SIP) (see CAA section 110(a)(2)(E)); must be adopted
by a state after reasonable notice and public hearing (see CAA section
110(l)); and must not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the Act (see CAA section 110(l)).\3\
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    \3\ CAA section 193, which prohibits any pre-1990 SIP control
requirement relating to nonattainment pollutants in nonattainment
areas from being modified unless the SIP is revised to insure
equivalent or greater emission reductions of such air pollutants,
does not apply to these regulations because they are new regulations
or amend regulations previously approved in the California SIP in
2016, and thus, do not constitute an amendment to a pre-1990 SIP
control requirement.
---------------------------------------------------------------------------

B. Do the State's regulations meet CAA SIP evaluation criteria?

1. Did the state provide adequate public notification and comment
periods?
    Under CAA section 110(l), SIP revisions must be adopted by the
state, and the state must provide for reasonable public notice and
hearing prior to adoption. In 40 CFR 51.102(d), we specify that
reasonable public notice in this context refers to at least 30 days.
    All the submitted regulations have gone through extensive public
comment processes including CARB's workshop and hearing processes prior
to State adoption of each rule. Also, the EPA's waiver and
authorization processes provide an opportunity for the public to submit
written comment and to request public hearings to present information
relevant to the EPA's consideration of CARB's request for waiver or
authorization under section 209 of the CAA.
    In addition, on June 19, 2015, CARB published a notice of public
hearing to consider adoption and submittal of certain adopted
regulations as a revision to the California SIP including those
submitted by CARB on June 15, 2017. CARB held the public hearing on
July 23, 2015. No written comments were submitted to CARB on the
proposed SIP revision, and no public comments were made at the public
hearing. CARB adopted the SIP revision at the July 23, 2015 Board
Hearing (see Board Resolution 15-40) and submitted the relevant mobile
source regulations to the EPA along with evidence of the public process
conducted by CARB in adopting the SIP revision.\4\ We conclude that
CARB's June 15, 2017 SIP revision submittal meets the applicable
procedural requirements for SIP revisions under the CAA section 110(l)
and 40 CFR 51.102.
---------------------------------------------------------------------------

    \4\ In addition to CARB's June 15, 2017 submittal, prior
submittals of relevant mobile source regulations were made on August
14, 2015 and December 7, 2016. The EPA took final actions on the
2015 and 2016 submittals on June 16, 2016 (81 FR 39424) and March
21, 2017 (82 FR 14446), respectively.
---------------------------------------------------------------------------

2. Does the state have adequate legal authority to implement the
regulations?
    CARB has been granted both general and specific authority under the
California Health & Safety Code (H&SC) to adopt and implement these
regulations. California H&SC sections 39600 (``Acts required'') and
39601 (``Adoption of regulation; Conformance to federal law'') confer
on CARB the general authority and obligation to adopt regulations and
measures necessary to execute CARB's powers and duties imposed by State
law. California H&SC sections 43013(a) and 43018 provide broad
authority to achieve the maximum feasible and cost-effective emission
reductions from all mobile source categories. Regarding in-use motor
vehicles, California H&SC sections 43600 and 43701(b), respectively,
grant CARB authority to adopt emission standards and emission control
equipment requirements.
    The mobile source regulations that are the subject of today's
action were submitted by CARB under CAA section 209 with a request for
waiver or authorization and were granted such waiver or authorization
by the EPA. Thus, the regulations we are proposing to approve today are
not preempted under the CAA. For additional information regarding
California's motor vehicle emission standards, please see the EPA's
``California Waivers and Authorizations'' web page at URL address:
http://www.epa.gov/otaq/cafr.htm. This website also lists relevant
Federal Register notices that have been issued by the EPA is response
to California waiver and authorization requests.
    In addition, the EPA is unaware of any non-CAA legal obstacle to
CARB's enforcement of the regulations and thus we conclude that CARB
has provided the necessary assurances that the State has adequate
authority under State law to carry out the SIP revision (and is not
prohibited by any provision of federal or State law from carrying out
such SIP) and thereby meets the requirements of CAA section
110(a)(2)(E) with respect to legal authority.
3. Are the regulations enforceable as required under CAA section
110(a)(2)?
    We have evaluated the enforceability of the amended mobile source
regulations with respect to applicability and exemptions; standard of
conduct and compliance dates; sunset provisions; discretionary
provisions; and test methods, recordkeeping and reporting,\5\ and have
concluded for the reasons given below that the amended regulations
would be enforceable for the purposes of CAA section 110(a)(2).
---------------------------------------------------------------------------

    \5\ These concepts are discussed in detail in an EPA memorandum
from J. Craig Potter, EPA Assistant Administrator for Air and
Radiation, et al., titled ``Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency,'' dated
September 23, 1987.
---------------------------------------------------------------------------

    First, with respect to applicability, we find that the amended
regulations are sufficiently clear as to which persons and which
vehicles or engines are affected by the regulations. See, e.g., 13 CCR
sections 2416(a) and (b) (applicability and exemption provisions for
OHRV evaporative emissions requirements), 13 CCR sections 2477.2 and
2477.3 (applicability and exemption provisions for in-use diesel-fueled
TRUs), and 17 CCR sections 93118.5(b) and (c) (applicability and
exemption provisions for commercial harbor craft).
    Second, we find that the amended regulations are sufficiently
specific so that the persons affected by the regulations are on notice
as to what the requirements and related compliance dates are. For
instance, see the evaporative emission standards and test procedures
set forth for OHRVs in 13 CCR section 2418, the in-use compliance dates
for TRUs in 13 CCR section 2477.5(b), and the engine emission
requirements in 17 CCR sections 93118.5(e)(2)-(6).
    Third, none of the amended regulations contain sunset provisions
that automatically repeal the emissions limits by a given date or upon
the occurrence of a particular event, such as

the change in the designation of an area from nonattainment to
attainment.
    Fourth, a number of the amended regulations contain provisions that
allow for discretion on the part of CARB's Executive Officer. Such
``director's discretion'' provisions can undermine enforceability of a
SIP regulation, and thus prevent full approval by the EPA. However, in
the instances of ``director's discretion'' in the amended regulations,
the discretion that can be exercised by the CARB Executive Officer is
reasonably limited under the terms of the regulations. For instance, in
17 CCR 93118.5(e)(6)(E), the Executive Officer may grant a time-limited
extension to the compliance date that would otherwise apply only for
specific reasons and under limited circumstances as set forth in the
regulation. With such constraints on discretion, the ``director's
discretion'' contained in the amended regulations would not
significantly undermine enforceability of the rules by citizens or the
EPA.
    Lastly, the amended regulations identify appropriate test methods
and include adequate recordkeeping and reporting requirements
sufficient to ensure compliance with the applicable requirements.
4. Do the regulations interfere with reasonable further progress and
attainment or any other applicable requirement of the Act?
    All the State's reasonable further progress (RFP), attainment, and
maintenance plans rely to some extent on the emission reductions from
CARB's mobile source program, including the emissions standards and
other requirements for which the EPA has issued waivers or
authorizations. CARB's mobile source program is reflected in the
emissions estimates for mobile sources that are included in the
emissions inventories that form the quantitative basis for the RFP,
attainment, and maintenance demonstrations. Based on CARB estimates,
the amended regulations evaluated herein would, considered together,
reduce VOC, NOX, and PM emissions by approximately 1,220
tons per year (tpy), 270 tpy, and 20 tpy, respectively, on a statewide
basis in year 2023.\6\ As such, the amended regulations would support
the various RFP, attainment, and maintenance plans, and would not
interfere with such requirements for the purposes of CAA section
110(l).
---------------------------------------------------------------------------

    \6\ The emissions estimates are based on emissions presented in
the Initial Statement of Reasons (ISOR) published by CARB for each
of the four individual regulatory actions considered herein. The
relevant ISORs are included in the docket for this rulemaking.
---------------------------------------------------------------------------

5. Will the state have adequate personnel and funding for the
regulations?
    In its SIP revision submittal dated August 14, 2015, CARB refers to
the annual approval by the California Legislature of funding and staff
resources for carrying out CAA-related responsibilities and notes that
a large portion of CARB's budget has gone toward meeting CAA
mandates.\7\ CARB indicates that a majority of CARB's funding comes
from dedicated fees collected from regulated emission sources and other
sources such as vehicle registration fees and vehicles license plate
fees and that these funds can only be used for air pollution control
activities. Id. For the 2014-2015 budget cycle, CARB had over 700
positions and almost $500 million dedicated to the mobile source
program developing and enforcing regulations. Id. Given the
longstanding nature of CARB's mobile source program, and its documented
effectiveness at achieving significant reductions from mobile sources,
we find that CARB has provided necessary assurances that the State has
adequate personnel and funding to carry out the amended mobile source
regulations submitted for approval on June 15, 2017.
---------------------------------------------------------------------------

    \7\ Letter from Richard W. Corey, Executive Officer, CARB, to
Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14,
2015.
---------------------------------------------------------------------------

6. EPA's Evaluation Conclusion
    Based on the above discussion, we believe these regulations are
consistent with the relevant CAA requirements and with relevant EPA
policies and guidance.

C. Proposed Action and Public Comment

    Under section 110(k)(3) of the CAA, and for the reasons given
above, we are proposing to approve a SIP revision submitted by CARB on
June 15, 2017, that includes certain sections of titles 13 and 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. We are proposing to
approve these regulations as part of the California SIP because we
believe they fulfill all relevant CAA requirements. We will accept
comments from the public on this proposal until March 29, 2018. If we
finalize this action as proposed, the submitted regulations will be
incorporated into the federally enforceable SIP for the State of
California.

IV. Incorporation by Reference

    In this action, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference of certain sections of titles 13 and 17 of the California
Code of Regulations that establish standards and other requirements
relating to the control of emissions from certain new on-road and new
and in-use off-road vehicles and engines, as described in section II of
this preamble. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and in hard copy at the appropriate EPA office (see
the ADDRESSES section of this preamble for more information).

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 proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive

Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, 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 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 proposed 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).

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: February 15, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-03992 Filed 2-26-18; 8:45 am]
 BILLING CODE 6560-50-P