Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Diesel-Powered Motor Vehicle Idling Act, 45705-45709 [2011-19276]
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
entitlement to, educational assistance
under chapter 33, Post-9/11 GI Bill.
(2) Reelection of subsistence
allowance under § 21.260(b). Reelection
of payment of benefits at the chapter 31
subsistence allowance rate under
§ 21.260(b) may be made only after
completion of a term, quarter, semester,
or other period of instruction unless:
(i) Chapter 33 eligibility or
entitlement ends earlier; or
(ii) Failure to approve immediate
reelection would prevent the veteran
from continuing in the rehabilitation
program.
(3) Services under chapter 31. A
veteran who elects payment of the Post9/11 subsistence allowance remains
entitled to all other services and
assistance under chapter 31.
(Authority: 38 U.S.C. 3108(b))
5. Amend § 21.270 by:
a. Revising the section heading.
b. Removing paragraph (b).
c. Redesignating paragraph (c) as
paragraph (b).
■ d. In newly redesignated paragraph
(b), removing ‘‘Weeekend’’ and adding,
in its place, ‘‘Weekend’’.
■ e. Adding an authority citation at the
end of the section.
The revision and addition read as
follows:
■
■
■
■
§ 21.270 Payment of subsistence
allowance during leave and other periods.
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(Authority: 38 U.S.C. 3680(a))
6. Revise § 21.274 (d)(1)(iii) to read as
follows:
■
§ 21.274
Revolving fund loan.
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(d) * * *
(1) * * *
(iii) The advance does not exceed
either the amount needed, or twice the
monthly subsistence allowance for a
veteran without dependents in full-time
institutional training specified in
§ 21.260(b); and
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[FR Doc. 2011–19473 Filed 7–29–11; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R03–OAR–2011–0471; FRL–9445–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Diesel-Powered Motor
Vehicle Idling Act
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Direct final rule.
EPA is taking direct final
action to approve a revision to the
Pennsylvania State Implementation Plan
(SIP). The revision consists of the
Commonwealth’s Diesel-Powered Motor
Vehicle Idling Act (hereafter referred to
as the Diesel-Powered Motor Vehicle
Idling Act or as Act 124 of 2008, or
simply Act 124). Act 124, passed by the
Pennsylvania General Assembly and
signed into state law by Governor
Rendell in October 2008 (and effective
at the state level in February 2009),
reduces the allowable time that heavyduty, commercial highway diesel
vehicles of over 10,000 pounds gross
vehicle weight can idle their main
propulsion engines. The law restricts
idling of these commercial diesel
vehicles (mostly heavy trucks and
buses) to a period of 5 minutes per
continuous 60 minute period (with
certain allowable exemptions and
exclusions). Act 124 applies statewide
in the Commonwealth, and is estimated
by Pennsylvania to significantly reduce
emissions of nitrogen oxides, volatile
organic compounds, and fine particulate
matter. While idle time emissions limits
are not mandatory under the Clean Air
Act (CAA), incorporation of Act 124
into the SIP does strengthen the SIP,
makes the state law federally
enforceable by EPA, and allows the
Commonwealth to take credit for
emissions benefits from the rule as part
of future Pennsylvania SIP revisions to
demonstrate compliance with CAA
National Ambient Air Quality Standards
(NAAQS). EPA is approving this
revision governing idling time limits on
commercial heavy duty vehicles into the
Pennsylvania SIP. This action is not a
federal mandate required by the CAA,
but provides emission reductions that
aid Pennsylvania in complying with
CAA NAAQS. EPA’s approval of this
SIP revision is being done in accordance
with the requirements of the CAA.
DATES: This rule is effective on
September 30, 2011 without further
notice, unless EPA receives adverse
written comment by August 31, 2011. If
EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0471 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: fernandez.cristina@epa.gov
SUMMARY:
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C. Mail: EPA–R03–OAR–2011–0471,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID Number EPA–R03–OAR–
2011–0471. EPA’s policy is that all
comments received will be included in
the public docket without change, and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by
e-mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this rulemaking action,
whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used,
we are referring to EPA. The following
outline is provided to aid in locating
information in this preamble.
I. Summary of the SIP Revision
A. Applicability
B. Penalties for Violations
C. Idle Restriction Signage Requirements
D. Preemption of Local Ordinances and
Rules
II. What action is EPA taking?
III. Why is EPA approving Pennsylvania’s SIP
revision?
IV. Final Action
V. Statutory and Executive Order Reviews
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I. Summary of the SIP Revision
On January 21, 2010, Pennsylvania
submitted a SIP revision to incorporate
its Diesel-Powered Motor Vehicle Idling
Act. Act 124, as this statute became
known, was effective at the state level
on February 6, 2009, and is codified in
Title 35, Chapter 23B of the
Pennsylvania Statute. Act 124 restricts
unnecessary idling of the main
propulsion engine of in-use dieselpowered commercial, heavy duty motor
vehicles of over 10,000 pounds gross
vehicle weight rating. With certain
exceptions and exemptions, idling of
subject trucks and buses is restricted to
5 minutes in any continuous 60-minute
period. The purpose of Act 124 is to
reduce emissions of air pollutants,
including nitrogen oxides and volatile
organic compounds, both of which are
precursors to the formation of ground
level ozone, and which are governed by
a NAAQS under authority of the CAA.
Act 124 also addresses fine particulate
matter, another group of pollutants
which is regulated by a NAAQS under
the Clean Air Act.
A. Applicability
Act 124 restricts extended idling of
diesel-powered highway vehicles that
are used for commercial purposes and
have a gross vehicle weight rating
(GVWR) of over 10,000 pounds while
operating in the Commonwealth of
Pennsylvania. The regulation sets a time
limit of five minutes of idling (i.e.,
defined as operation of vehicle’s main
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propulsion engine while the vehicle is
stationary) per continuous 60 minute
period. Section 3 of Pennsylvania’s Act
124 specifically excludes certain types
of highway vehicles from these idling
restrictions, including motor homes,
implements of husbandry, and farm
vehicles and equipment.
These idling restrictions do not apply
to a diesel-powered motor vehicle with
a label from the California Air Resources
Board showing that the vehicle’s engine
meets California’s optional idling
emission standard for nitrogen oxide
emissions (per applicable California law
as it relates to 1985 and newer heavyduty vehicles and engines (13 CCR
1956.8(a)(6)(C)).
For vehicles that are subject to
Pennsylvania’s Act 124, exemptions that
allow idling beyond the five-minute per
hour time limit are specified therein,
including:
(1) Idling caused by traffic conditions,
traffic control devices or signals, or law
enforcement officials;
(2) idling necessary to operate
defrosters, heaters, air conditioners, or
cargo refrigeration equipment, or idling
necessary to install equipment, or idling
related to a safety or health emergency
(not for purposes of a rest period), or to
comply with manufacturers’ operating
requirements or operating specifications
or warranties in accordance with federal
or state motor carrier safety regulations;
(3) idling of a police, fire, ambulance,
public safety, military, utility service, or
other law enforcement vehicle or
vehicle being used in an emergency
capacity and not for the convenience of
the driver;
(4) idling of the main propulsion
engine for maintenance, particulate
matter trap regeneration, servicing, or
repair of the vehicle or for vehicle
diagnostic purposes, if idling is required
for that activity;
(5) idling performed as part of a state
inspection to verify the equipment is in
good working order, if necessary as part
of the inspection;
(6) idling of a primary propulsion
engine to power work-related
mechanical, safety, or electrical
operations other than propulsion (not
done for cabin comfort or to operation
nonessential onboard equipment);
(7) idling of a primary propulsion
engine necessary as part of a security
inspection, such as entering or exiting a
facility;
(8) idling of an armored vehicle when
a person remains inside to guard the
contents or during loading or unloading;
(9) idling due to mechanical
difficulties in which the driver has no
control (if the owner submits repair
documentation to the Pennsylvania
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Department of Environmental Protection
within 30 days) verifying that the
mechanical problem has been remedied;
(10) idling of a bus, school bus, or
school vehicle to provide heat or air
conditioning when non-driver
passengers are onboard (up to a
maximum of 15 minutes per continuous
60 minute period);
(11) idling necessary for sampling,
weighing, active loading or unloading
for an attended motor vehicle waiting
for sampling, weighing, loading, or
unloading (up to 15 minutes per
continuous 60 minute period);
(12) idling by a school bus or school
vehicle off school property during
queuing for the sequential discharge or
pickup of students where the physical
configuration of the school or
surrounding location does not allow for
stopping;
(13) idling where necessary for
maintaining safe operating conditions
while waiting for a police escort when
transporting a load requiring issuance of
a special permit for excessive size and
weight;
(14) idling when actively engaged in
solid waste collection or the collection
of source-separated recyclable materials
(not to apply when a vehicle is not
actively engaged in solid waste or
source separated recyclables collection);
B. Penalties for Violations
Pennsylvania Act 124 lists penalties
that may result from violations of the
idling limits in Section 5 of Act 124.
Violations constitute a summary
offense, punishable by a fine of not less
than $150 and not more than $300 and
court costs. In addition, the
Commonwealth may issue enforcement
orders and civil penalties to aid in the
enforcement of Act 124.
C. Idling Restriction Signage
Requirements
Pennsylvania Act 124 requires that an
owner or operator of a location where
vehicles subject to the act load or
unload that provide 15 or more parking
spaces for vehicles subject to Act 124
shall erect and maintain permanent
signs that inform drivers that idling of
heavy, commercial diesel-powered
vehicles is restricted in Pennsylvania.
D. Preemption of Local Ordinances or
Rules
Section 9 of Act 124 preempts and
supersedes local ordinance or rules
concerning idling restrictions on
vehicles subject to Act 124, except
where the local rule is more restrictive
than the provisions of Act 124 (if the
local ordinance or rule was in effect
prior to January 1, 2007).
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
II. What rulemaking action is EPA
taking?
EPA is approving a formal revision to
the Pennsylvania SIP submitted by the
Commonwealth on January 21, 2010.
This SIP revision consists of the DieselPowered Motor Vehicle Idling Act of
2008 (codified in the Pennsylvania
Statute, Title 35, chapter 23B 4601–
4610), which was signed into law by
Governor Rendell on October 9, 2008
and became effective as state law on
February 6, 2009. EPA is taking direct
final rulemaking action to approve this
SIP revision, and is acting to incorporate
by reference Pennsylvania Act 124 of
2008 entitled, ‘‘The Diesel Powered
Motor Vehicle Idling Act’’ (codified at
Title 35, chapter 23B, 4601–4610 of the
Pennsylvania Statute).
III. Why is EPA approving
Pennsylvania’s SIP revision?
Pennsylvania’s Diesel-Powered Motor
Vehicle Idling Act SIP results in
reduced emissions of pollutants that
contribute to nonattainment of NAAQS
for ozone and fine particulate matter.
Specifically, Pennsylvania Act 124 leads
to elimination of such pollutants
resulting from unnecessary extended
idling of heavy-duty, diesel-powered
commercial vehicles. The reduction in
vehicle idling resulting from this statute
decreases emissions of volatile organic
compounds and nitrogen oxides, both of
which are ground level ozone pollution
precursors. Pennsylvania’s Act 124 also
reduces emissions of fine particulate
matter, in addition to carbon monoxide
and carbon dioxide.
The approval of Pennsylvania’s Act
124 will strengthen the Pennsylvania
SIP and will assist the Commonwealth
in complying with federal ambient air
quality standards, including the NAAQS
for ground level ozone and fine
particulate matter. Act 124 is consistent
with EPA’s ‘‘Model State Idling Law’’
(EPA420–S–06–001, April 2006). This
model rule was developed with input
from the states and affected industry to
address extended idling issues in a
consistent manner from state to state
and to aid those being regulated in
compliance with compliance with
idling limits.
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IV. Final Action
EPA is approving Pennsylvania’s
Diesel-Powered Motor Vehicle Idling
SIP and incorporating Pennsylvania Act
124 of 2008 into the Pennsylvania SIP.
Act 124 is intended to reduce emissions
caused by unnecessary idling of heavyduty, diesel-powered, commercial motor
vehicles within the boundaries of the
Commonwealth of Pennsylvania.
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EPA is publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and we
anticipate we will receive no adverse
comment. Act 124 has been in effect at
the state level in Pennsylvania since
February 6, 2009. Therefore, the
regulated community should be
accustomed to the idling restrictions
imposed by this state statute.
Similar provisions for reduced idling
have been adopted in many other states,
including the neighboring states of
Delaware, Maryland, New York, New
Jersey, Ohio, and West Virginia. We
anticipate the regulated parties will
understand Pennsylvania’s
requirements as they relate to other
nearby states and localities with similar
vehicle idling restrictions. Pennsylvania
Act 124 complies with EPA’s idling
guidance and model rule. For these
reasons, EPA anticipates that this direct
final action to approve Pennsylvania’s
Diesel-Powered Vehicle Idling Act SIP
revision will not be controversial.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
September 30, 2011 without further
notice unless EPA receives adverse
comment by August 31, 2011. If EPA
receives adverse comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
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• 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 30, 2011. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking.
This action to approve the
Pennsylvania Diesel-Powered Vehicle
Idling Act SIP revision 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, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(1) is amended by revising the
paragraph title and adding Title 35
Pennsylvania Statute, Chapter 23B,
Sections 4601 to 4610, at the end of the
table to read as follows:
■
§ 52.2020
Identification of plan.
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(c) * * *
Dated: July 18, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
(1) EPA-APPROVED PENNSYLVANIA REGULATIONS AND STATUTES
State citation
*
State effective
date
*
*
EPA approval date
*
Title/subject
*
Additional explanation/
§ 52.2063 citation
*
Title 35 Pennsylvania Statute—Health and Safety
Chapter 23B—Diesel-Powered Motor Vehicle Idling Act
Short title .....................................
2/6/09
Section 4602 ................................
Definitions ....................................
2/6/09
Section 4603 ................................
Section 4604 ................................
Restrictions on idling ...................
Increase of weight limit ................
2/6/09
2/6/09
Section 4605 ................................
Penalties ......................................
2/6/09
Section 4606 ................................
Disposition of fines ......................
2/6/09
Section 4607 ................................
Enforcement ................................
2/6/09
Section 4608 ................................
Permanent idling restriction signs
2/6/09
Section 4609 ................................
Preemption ..................................
2/6/09
Section 4610 ................................
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Section 4601 ................................
Applicability ..................................
2/6/09
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
DEPARTMENT OF ENERGY
RIN 0648–XA610
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the West Yakutat District of the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch in the
West Yakutat District of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2011 total
allowable catch (TAC) of Pacific ocean
perch in the West Yakutat District of the
GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 27, 2011, through 2400
hrs, A.l.t., December 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
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SUMMARY:
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NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2011 TAC of Pacific ocean perch
in the West Yakutat District of the GOA
is 1,937 metric tons (mt) as established
by the final 2011 and 2012 harvest
specifications for groundfish of the GOA
(76 FR 11111, March 1, 2011).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2011 TAC of Pacific
ocean perch in the West Yakutat District
of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 1,837 mt, and is setting
aside the remaining 100 mt as bycatch
to support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific ocean perch
in the West Yakutat District of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2011–19276 Filed 7–29–11; 8:45 am]
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45709
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific ocean perch
in the West Yakutat District of the GOA.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of July 26,
2011.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 27, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–19394 Filed 7–27–11; 4:15 pm]
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]]>Agencies
[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Rules and Regulations]
[Pages 45705-45709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19276]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0471; FRL-9445-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Diesel-Powered Motor Vehicle Idling Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
Pennsylvania State Implementation Plan (SIP). The revision consists of
the Commonwealth's Diesel-Powered Motor Vehicle Idling Act (hereafter
referred to as the Diesel-Powered Motor Vehicle Idling Act or as Act
124 of 2008, or simply Act 124). Act 124, passed by the Pennsylvania
General Assembly and signed into state law by Governor Rendell in
October 2008 (and effective at the state level in February 2009),
reduces the allowable time that heavy-duty, commercial highway diesel
vehicles of over 10,000 pounds gross vehicle weight can idle their main
propulsion engines. The law restricts idling of these commercial diesel
vehicles (mostly heavy trucks and buses) to a period of 5 minutes per
continuous 60 minute period (with certain allowable exemptions and
exclusions). Act 124 applies statewide in the Commonwealth, and is
estimated by Pennsylvania to significantly reduce emissions of nitrogen
oxides, volatile organic compounds, and fine particulate matter. While
idle time emissions limits are not mandatory under the Clean Air Act
(CAA), incorporation of Act 124 into the SIP does strengthen the SIP,
makes the state law federally enforceable by EPA, and allows the
Commonwealth to take credit for emissions benefits from the rule as
part of future Pennsylvania SIP revisions to demonstrate compliance
with CAA National Ambient Air Quality Standards (NAAQS). EPA is
approving this revision governing idling time limits on commercial
heavy duty vehicles into the Pennsylvania SIP. This action is not a
federal mandate required by the CAA, but provides emission reductions
that aid Pennsylvania in complying with CAA NAAQS. EPA's approval of
this SIP revision is being done in accordance with the requirements of
the CAA.
DATES: This rule is effective on September 30, 2011 without further
notice, unless EPA receives adverse written comment by August 31, 2011.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0471 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov
C. Mail: EPA-R03-OAR-2011-0471, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID Number EPA-R03-OAR-
2011-0471. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
Air
[[Page 45706]]
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this rulemaking action, whenever
``we,'' ``us,'' or ``our'' is used, we are referring to EPA. The
following outline is provided to aid in locating information in this
preamble.
I. Summary of the SIP Revision
A. Applicability
B. Penalties for Violations
C. Idle Restriction Signage Requirements
D. Preemption of Local Ordinances and Rules
II. What action is EPA taking?
III. Why is EPA approving Pennsylvania's SIP revision?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of the SIP Revision
On January 21, 2010, Pennsylvania submitted a SIP revision to
incorporate its Diesel-Powered Motor Vehicle Idling Act. Act 124, as
this statute became known, was effective at the state level on February
6, 2009, and is codified in Title 35, Chapter 23B of the Pennsylvania
Statute. Act 124 restricts unnecessary idling of the main propulsion
engine of in-use diesel-powered commercial, heavy duty motor vehicles
of over 10,000 pounds gross vehicle weight rating. With certain
exceptions and exemptions, idling of subject trucks and buses is
restricted to 5 minutes in any continuous 60-minute period. The purpose
of Act 124 is to reduce emissions of air pollutants, including nitrogen
oxides and volatile organic compounds, both of which are precursors to
the formation of ground level ozone, and which are governed by a NAAQS
under authority of the CAA. Act 124 also addresses fine particulate
matter, another group of pollutants which is regulated by a NAAQS under
the Clean Air Act.
A. Applicability
Act 124 restricts extended idling of diesel-powered highway
vehicles that are used for commercial purposes and have a gross vehicle
weight rating (GVWR) of over 10,000 pounds while operating in the
Commonwealth of Pennsylvania. The regulation sets a time limit of five
minutes of idling (i.e., defined as operation of vehicle's main
propulsion engine while the vehicle is stationary) per continuous 60
minute period. Section 3 of Pennsylvania's Act 124 specifically
excludes certain types of highway vehicles from these idling
restrictions, including motor homes, implements of husbandry, and farm
vehicles and equipment.
These idling restrictions do not apply to a diesel-powered motor
vehicle with a label from the California Air Resources Board showing
that the vehicle's engine meets California's optional idling emission
standard for nitrogen oxide emissions (per applicable California law as
it relates to 1985 and newer heavy-duty vehicles and engines (13 CCR
1956.8(a)(6)(C)).
For vehicles that are subject to Pennsylvania's Act 124, exemptions
that allow idling beyond the five-minute per hour time limit are
specified therein, including:
(1) Idling caused by traffic conditions, traffic control devices or
signals, or law enforcement officials;
(2) idling necessary to operate defrosters, heaters, air
conditioners, or cargo refrigeration equipment, or idling necessary to
install equipment, or idling related to a safety or health emergency
(not for purposes of a rest period), or to comply with manufacturers'
operating requirements or operating specifications or warranties in
accordance with federal or state motor carrier safety regulations;
(3) idling of a police, fire, ambulance, public safety, military,
utility service, or other law enforcement vehicle or vehicle being used
in an emergency capacity and not for the convenience of the driver;
(4) idling of the main propulsion engine for maintenance,
particulate matter trap regeneration, servicing, or repair of the
vehicle or for vehicle diagnostic purposes, if idling is required for
that activity;
(5) idling performed as part of a state inspection to verify the
equipment is in good working order, if necessary as part of the
inspection;
(6) idling of a primary propulsion engine to power work-related
mechanical, safety, or electrical operations other than propulsion (not
done for cabin comfort or to operation nonessential onboard equipment);
(7) idling of a primary propulsion engine necessary as part of a
security inspection, such as entering or exiting a facility;
(8) idling of an armored vehicle when a person remains inside to
guard the contents or during loading or unloading;
(9) idling due to mechanical difficulties in which the driver has
no control (if the owner submits repair documentation to the
Pennsylvania Department of Environmental Protection within 30 days)
verifying that the mechanical problem has been remedied;
(10) idling of a bus, school bus, or school vehicle to provide heat
or air conditioning when non-driver passengers are onboard (up to a
maximum of 15 minutes per continuous 60 minute period);
(11) idling necessary for sampling, weighing, active loading or
unloading for an attended motor vehicle waiting for sampling, weighing,
loading, or unloading (up to 15 minutes per continuous 60 minute
period);
(12) idling by a school bus or school vehicle off school property
during queuing for the sequential discharge or pickup of students where
the physical configuration of the school or surrounding location does
not allow for stopping;
(13) idling where necessary for maintaining safe operating
conditions while waiting for a police escort when transporting a load
requiring issuance of a special permit for excessive size and weight;
(14) idling when actively engaged in solid waste collection or the
collection of source-separated recyclable materials (not to apply when
a vehicle is not actively engaged in solid waste or source separated
recyclables collection);
B. Penalties for Violations
Pennsylvania Act 124 lists penalties that may result from
violations of the idling limits in Section 5 of Act 124. Violations
constitute a summary offense, punishable by a fine of not less than
$150 and not more than $300 and court costs. In addition, the
Commonwealth may issue enforcement orders and civil penalties to aid in
the enforcement of Act 124.
C. Idling Restriction Signage Requirements
Pennsylvania Act 124 requires that an owner or operator of a
location where vehicles subject to the act load or unload that provide
15 or more parking spaces for vehicles subject to Act 124 shall erect
and maintain permanent signs that inform drivers that idling of heavy,
commercial diesel-powered vehicles is restricted in Pennsylvania.
D. Preemption of Local Ordinances or Rules
Section 9 of Act 124 preempts and supersedes local ordinance or
rules concerning idling restrictions on vehicles subject to Act 124,
except where the local rule is more restrictive than the provisions of
Act 124 (if the local ordinance or rule was in effect prior to January
1, 2007).
[[Page 45707]]
II. What rulemaking action is EPA taking?
EPA is approving a formal revision to the Pennsylvania SIP
submitted by the Commonwealth on January 21, 2010. This SIP revision
consists of the Diesel-Powered Motor Vehicle Idling Act of 2008
(codified in the Pennsylvania Statute, Title 35, chapter 23B 4601-
4610), which was signed into law by Governor Rendell on October 9, 2008
and became effective as state law on February 6, 2009. EPA is taking
direct final rulemaking action to approve this SIP revision, and is
acting to incorporate by reference Pennsylvania Act 124 of 2008
entitled, ``The Diesel Powered Motor Vehicle Idling Act'' (codified at
Title 35, chapter 23B, 4601-4610 of the Pennsylvania Statute).
III. Why is EPA approving Pennsylvania's SIP revision?
Pennsylvania's Diesel-Powered Motor Vehicle Idling Act SIP results
in reduced emissions of pollutants that contribute to nonattainment of
NAAQS for ozone and fine particulate matter. Specifically, Pennsylvania
Act 124 leads to elimination of such pollutants resulting from
unnecessary extended idling of heavy-duty, diesel-powered commercial
vehicles. The reduction in vehicle idling resulting from this statute
decreases emissions of volatile organic compounds and nitrogen oxides,
both of which are ground level ozone pollution precursors.
Pennsylvania's Act 124 also reduces emissions of fine particulate
matter, in addition to carbon monoxide and carbon dioxide.
The approval of Pennsylvania's Act 124 will strengthen the
Pennsylvania SIP and will assist the Commonwealth in complying with
federal ambient air quality standards, including the NAAQS for ground
level ozone and fine particulate matter. Act 124 is consistent with
EPA's ``Model State Idling Law'' (EPA420-S-06-001, April 2006). This
model rule was developed with input from the states and affected
industry to address extended idling issues in a consistent manner from
state to state and to aid those being regulated in compliance with
compliance with idling limits.
IV. Final Action
EPA is approving Pennsylvania's Diesel-Powered Motor Vehicle Idling
SIP and incorporating Pennsylvania Act 124 of 2008 into the
Pennsylvania SIP. Act 124 is intended to reduce emissions caused by
unnecessary idling of heavy-duty, diesel-powered, commercial motor
vehicles within the boundaries of the Commonwealth of Pennsylvania.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and we anticipate we will receive
no adverse comment. Act 124 has been in effect at the state level in
Pennsylvania since February 6, 2009. Therefore, the regulated community
should be accustomed to the idling restrictions imposed by this state
statute.
Similar provisions for reduced idling have been adopted in many
other states, including the neighboring states of Delaware, Maryland,
New York, New Jersey, Ohio, and West Virginia. We anticipate the
regulated parties will understand Pennsylvania's requirements as they
relate to other nearby states and localities with similar vehicle
idling restrictions. Pennsylvania Act 124 complies with EPA's idling
guidance and model rule. For these reasons, EPA anticipates that this
direct final action to approve Pennsylvania's Diesel-Powered Vehicle
Idling Act SIP revision will not be controversial. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on September 30, 2011 without further notice unless EPA
receives adverse comment by August 31, 2011. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register.
[[Page 45708]]
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 30, 2011. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking.
This action to approve the Pennsylvania Diesel-Powered Vehicle
Idling Act SIP revision 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, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: July 18, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by
revising the paragraph title and adding Title 35 Pennsylvania Statute,
Chapter 23B, Sections 4601 to 4610, at the end of the table to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) EPA-Approved Pennsylvania Regulations and Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/Sec. 52.2063
State citation Title/subject effective date EPA approval date citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 35 Pennsylvania Statute--Health and Safety
Chapter 23B--Diesel-Powered Motor Vehicle Idling Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 4601...................... Short title.......... 2/6/09 8/1/11 [Insert page number where the .....................................
document begins].
Section 4602...................... Definitions.......... 2/6/09 8/1/11 [Insert page number where the .....................................
document begins].
Section 4603...................... Restrictions on 2/6/09 8/1/11 [Insert]....................... .....................................
idling.
Section 4604...................... Increase of weight 2/6/09 8/1/11 [Insert page number where the .....................................
limit. document begins].
Section 4605...................... Penalties............ 2/6/09 8/1/11 [Insert page number where the .....................................
document begins].
Section 4606...................... Disposition of fines. 2/6/09 8/1/11 [Insert page number where the .....................................
document begins].
Section 4607...................... Enforcement.......... 2/6/09 8/1/11 [Insert page number where the .....................................
document begins].
Section 4608...................... Permanent idling 2/6/09 8/1/11 [Insert page number where the .....................................
restriction signs. document begins].
Section 4609...................... Preemption........... 2/6/09 8/1/11 [Insert page number where the .....................................
document begins].
Section 4610...................... Applicability........ 2/6/09 8/1/11 [Insert page number where the .....................................
document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 45709]]
* * * * *
[FR Doc. 2011-19276 Filed 7-29-11; 8:45 am]
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