California State Nonroad Engine Pollution Control Standards; Large Spark-Ignition Engines Regulation; Request for Authorization; Opportunity for Public Hearing and Comment, 69845-69848 [2014-27801]
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices
amendments are within the scope of the
previous authorization. A within-thescope confirmation, without a full
authorization review, is permissible if
three conditions are met.14 First, the
amended regulations must not
undermine California’s determination
that its standards, in the aggregate, are
as protective of public health and
welfare as applicable federal standards.
Second, the amended regulations must
not affect consistency with section
202(a) of the Act. Third, the amended
regulations must not raise any ‘‘new
issues’’ affecting EPA’s prior
authorizations.
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III. EPA’s Request for Comments
As stated above, EPA is offering the
opportunity for a public hearing, and is
requesting written comment on issues
relevant to a within-the-scope analysis
pertaining to CARB’s amendments.
Specifically, we request comment on
whether California’s CHC amendments:
(a) Undermine California’s previous
determination that its standards, in the
aggregate, are at least as protective of
public health and welfare as comparable
federal standards; (b) affect the
consistency of California’s requirements
with section 209 of the Act; or (c) raise
any other new issues affecting EPA’s
previous waiver or authorization
determinations.
Should any party believe that the
amendments noted within CARB’s
request are not within the scope of the
previous authorization, EPA also
requests comment on whether the CARB
CHC amendments meet the criteria for
a full authorization. Specifically, we
request comment on: (a) Whether
CARB’s determination that its
standards, in the aggregate, are at least
as protective of public health and
welfare as applicable federal standards
is arbitrary and capricious, (b) whether
California needs such standards to meet
compelling and extraordinary
conditions, and (c) whether California’s
standards and accompanying
enforcement procedures are consistent
with section 209 of the Act.
EPA also requests comment on
whether the CHC amendments, for
which CARB seeks a full authorization,
meet the criteria of section 209(e) for a
full authorization.
IV. Procedures for Public Participation
If a hearing is held, the Agency will
make a verbatim record of the
proceedings. Interested parties may
arrange with the reporter at the hearing
to obtain a copy of the transcript at their
own expense. Regardless of whether a
14 See
78 FR 38970, 38972 (June 28, 2013).
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public hearing is held, EPA will keep
the record open until February 16, 2015.
Upon expiration of the comment period,
the Administrator will render a decision
on CARB’s request based on the record
from the public hearing (if a hearing is
conducted), all relevant written
submissions, and other information that
she deems pertinent. All information
will be available for inspection at the
EPA Air Docket No. EPA–HQ–OAR–
2014–0534.
Persons with comments containing
proprietary information must
distinguish such information from other
comments to the greatest extent possible
and label it as ‘‘Confidential Business
Information’’ (‘‘CBI’’). If a person
making comments wants EPA to base its
decision on a submission labeled as CBI,
then a non-confidential version of the
document that summarizes the key data
or information should be submitted to
the public docket. To ensure that
proprietary information is not
inadvertently placed in the public
docket, submissions containing such
information should be sent directly to
the contact person listed above and not
to the public docket. Information
covered by a claim of confidentiality
will be disclosed by EPA only to the
extent allowed, and according to the
procedures set forth in 40 CFR part 2.
If no claim of confidentiality
accompanies the submission when EPA
receives it, EPA will make it available
to the public without further notice to
the person making comments.
Dated: November 12, 2014.
Christopher Grundler,
Director, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2014–27807 Filed 11–21–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9919–57–OAR]
California State Nonroad Engine
Pollution Control Standards; Large
Spark-Ignition Engines Regulation;
Request for Authorization; Opportunity
for Public Hearing and Comment
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The California Air Resources
Board (CARB) has notified the
Environmental Protection Agency (EPA)
that it has adopted amendments to its
large spark-ignited engines regulation
(LSI amendments). By letter dated June
2, 2014, CARB asked that EPA either
SUMMARY:
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69845
confirm that the LSI amendments
(adopted in 2008 and 2010) are within
the scope of prior authorizations or that
EPA issue a full authorization for those
LSI amendments found not to be within
the scope of prior authorizations,
pursuant to section 209(e) of the Clean
Air Act (CAA or Act). This notice
announces that EPA has tentatively
scheduled a public hearing to consider
California’s authorization request for the
LSI amendments, and that EPA is now
accepting written comment on the
request.
EPA has tentatively scheduled a
public hearing concerning CARB’s
request on January 14, 2015, at 10 a.m.
ET. EPA will hold a hearing only if any
party notifies EPA by December 15,
2014, to express interest in presenting
the agency with oral testimony. Parties
that wish to present oral testimony at
the public hearing should provide
written notice to David Dickinson at the
email address noted below. If EPA
receives a request for a public hearing,
that hearing will be held at the William
Jefferson Clinton Building (North),
Room 5530, 1200 Pennsylvania Avenue
NW., Washington, DC 20460. If EPA
does not receive a request for a public
hearing, then EPA will not hold a
hearing, and instead will consider
CARB’s request based on written
submissions to the docket. Any party
may submit written comments until
February 16, 2015.
Any person who wishes to know
whether a hearing will be held may call
David Dickinson at (202) 343–9256 on
or after December 17, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2014–0533, by one of the
following methods:
• Online at https://
www.regulations.gov: Follow the Online
Instructions for Submitting Comments.
• Email: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Air and Radiation Docket,
Docket ID No. EPA–HQ–OAR–2014–
0533, U.S. Environmental Protection
Agency, Mail code: 6102T, 1200
Pennsylvania Avenue NW., Washington,
DC 20460. Please include a total of two
copies.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20460.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Online Instructions for Submitting
Comments: Direct your comments to
DATES:
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices
Docket ID No. EPA–HQ–OAR–2014–
0533. EPA’s policy is that all comments
we receive will be included in the
public docket without change and may
be made available online at 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 email. 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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will automatically be captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
EPA will make available for public
inspection materials submitted by
CARB, written comments received from
any interested parties, and any
testimony given at the public hearing.
Materials relevant to this proceeding are
contained in the Air and Radiation
Docket and Information Center,
maintained in Docket ID No. EPA–HQ–
OAR–2014–0533. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket in the EPA
Headquarters Library, EPA West
Building, Room 3334, located at 1301
Constitution Avenue NW., Washington,
DC. The Public Reading Room is open
to the public on all federal government
work days from 8:30 a.m. to 4:30 p.m.;
generally, it is open Monday through
Friday, excluding holidays. The
telephone number for the Reading Room
is (202) 566–1744. The Air and
Radiation Docket and Information
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Center’s Web site is https://www.epa.gov/
oar/docket.html. The electronic mail
(email) address for the Air and
Radiation Docket is: a-and-r-Docket@
epa.gov, the telephone number is (202)
566–1742, and the fax number is (202)
566–9744. An electronic version of the
public docket is available through the
federal government’s electronic public
docket and comment system. You may
access EPA dockets at https://
www.regulations.gov. After opening the
https://www.regulations.gov Web site,
enter, in the ‘‘Enter Keyword or ID’’ fillin box to view documents in the record.
Although a part of the official docket,
the public docket does not include
Confidential Business Information
(‘‘CBI’’) or other information whose
disclosure is restricted by statute.
EPA’s Office of Transportation and
Air Quality also maintains a Web page
that contains general information on its
review of California waiver and
authorization requests. Included on that
page are links to prior waiver and
authorization Federal Register notices.
The page can be accessed at https://
www.epa.gov/otaq/cafr.htm.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Attorney-Advisor,
Compliance Division, Office of
Transportation and Air Quality, U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue (6405A) NW.,
Washington, DC 20460. Telephone:
(202) 343–9256. Fax: (202) 343–2804.
Email: Dickinson.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. California’s LSI Regulations
CARB promulgated its first LSI
regulations, applicable to new LSI
engines, in 1999 and they remained
unchanged until the 2008 amendments.1
EPA authorized the LSI regulations, on
May 15, 2006.2 The 1999 LSI regulations
established exhaust emission standards
and associated test procedures for LSI
engines based upon engine
displacements. The exhaust emission
standards applicable to 2002 and
subsequent model years (MYs) with
displacements up to one liter were
identical to the emission standards
applicable to California small off-road
engines (SORE) with engines greater
than or equal to 225 cubic centimeters
and have remained unchanged except
CARB subsequently adopted more
stringent exhaust emission standards for
engines greater than 225 cubic
centimeters.3 CARB adopted its initial
1 Title
13, California Code of Regulations, sections
2430–2439.
2 71 FR 29623 (May 15, 2006).
3 EPA granted an authorization for these
amendments at 71 FR 75536 (December 15, 2006).
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off-road LSI fleet operator regulations on
May 25, 2006 (Fleet Operator
Regulations).4 The Fleet Operator
Regulations are designed to address the
hydrocarbon and nitrogen oxide
emissions from existing LSI engines
operating in California and require fleets
to meet certain fleet average emission
level standards.
CARB adopted the 2008 LSI
amendments on November 21, 2008.
The 2008 LSI amendments create two
new engine categories below one liter
displacement, with new more stringent
exhaust and evaporative emission
standards applicable to new engines,
and provide clarification as to when
CARB’s off-road sport or utility
regulations apply to certain LSI engines.
CARB adopted the 2010 LSI
amendments on December 17, 2010.
These amendments are designed to
provide compliance flexibility which
will allow operators to reduce their
compliance costs while retaining the
emission benefits associated with the
original regulations.
By letter dated June 2, 2014, CARB
submitted a request to EPA pursuant to
section 209(e) of the CAA for
authorization of its 2008 and 2010 LSI
amendments. CARB seeks EPA’s
confirmation that these amendments fall
within the scope of EPA’s previous
authorization, or, in the alternative, a
full authorization.
II. Clean Air Act Nonroad Engine and
Vehicle Authorizations
Section 209(e)(1) of the CAA prohibits
states and local governments from
adopting or attempting to enforce any
standard or requirement relating to the
control of emissions from new nonroad
vehicles or engines. The Act also
preempts states from adopting and
enforcing standards and other
requirements related to the control of
emissions from non-new nonroad
engines or vehicles. Section 209(e)(2),
however, requires the Administrator,
after notice and opportunity for public
hearing, to authorize California to adopt
and enforce standards and other
requirements relating to the control of
emissions from such vehicles or engines
if California determines that California
standards will be, in the aggregate, at
least as protective of public health and
welfare as applicable Federal standards.
However, EPA shall not grant such
authorization if it finds that (1) the
CARB also adopted amendments establishing more
stringent exhaust emission standards for engines
equal to or greater than one liter in 2007 and EPA
granted an authorization for these amendments at
77 FR 20388 (April 4, 2012).
4 EPA granted an authorization for these
regulations at 77 FR 20388 (April 4, 2012).
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determination of California is arbitrary
and capricious; (2) California does not
need such California standards to meet
compelling and extraordinary
conditions; or (3) California standards
and accompanying enforcement
procedures are not consistent with
[CAA section 209].5 In addition, other
states with air quality attainment plans
may adopt and enforce such regulations
if the standards, and implementation
and enforcement procedures, are
identical to California’s standards. On
July 20, 1994, EPA promulgated a rule
that sets forth, among other things,
regulations providing the criteria, as
found in section 209(e)(2), which EPA
must consider before granting any
California authorization request for new
nonroad engine or vehicle emission
standards.6 EPA revised these
regulations in 1997.7 As stated in the
preamble to the 1994 rule, EPA has
historically interpreted the section
209(e)(2)(iii) ‘‘consistency’’ inquiry to
require, at minimum, that California
standards and enforcement procedures
be consistent with section 209(a),
5 EPA’s review of California regulations under
section 209 is not a broad review of the
reasonableness of the regulations or its
compatibility with all other laws. Sections 209(b)
and 209(e) of the Clean Air Act limit EPA’s
authority to deny California requests for waivers
and authorizations to the three criteria listed
therein. As a result, EPA has consistently refrained
from denying California’s requests for waivers and
authorizations based on any other criteria. In
instances where the U.S. Court of Appeals has
reviewed EPA decisions declining to deny waiver
requests based on criteria not found in section
209(b), the Court has upheld and agreed with EPA’s
determination. See Motor and Equipment
Manufacturers Ass’n v. Nichols, 142 F.3d 449, 462–
63, 466–67 (D.C. Cir.1998), Motor and Equipment
Manufacturers Ass’n v. EPA, 627 F.2d 1095, 1111,
1114–20 (D.C. Cir. 1979). See also 78 FR 58090,
58120 (September 20, 2013).
6 59 FR 36969 (July 20, 1994).
7 62 FR 67733 (December 30, 1997). The
applicable regulations, now in 40 CFR part 1074,
subpart B, § 1074.105, provide:
(a) The Administrator will grant the authorization
if California determines that its standards will be,
in the aggregate, at least as protective of public
health and welfare as otherwise applicable federal
standards.
(b) The authorization will not be granted if the
Administrator finds that any of the following are
true:
(1) California’s determination is arbitrary and
capricious.
(2) California does not need such standards to
meet compelling and extraordinary conditions.
(3) The California standards and accompanying
enforcement procedures are not consistent with
section 209 of the Act.
(c) In considering any request to authorize
California to adopt or enforce standards or other
requirements relating to the control of emissions
from new nonroad spark-ignition engines smaller
than 50 horsepower, the Administrator will give
appropriate consideration to safety factors
(including the potential increased risk of burn or
fire) associated with compliance with the California
standard.
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section 209(e)(1), and section
209(b)(1)(C) (as EPA has interpreted that
subsection in the context of section
209(b) motor vehicle waivers).8
In order to be consistent with section
209(a), California’s nonroad standards
and enforcement procedures must not
apply to new motor vehicles or new
motor vehicle engines. To be consistent
with section 209(e)(1), California’s
nonroad standards and enforcement
procedures must not attempt to regulate
engine categories that are permanently
preempted from state regulation. To
determine consistency with section
209(b)(1)(C), EPA typically reviews
nonroad authorization requests under
the same ‘‘consistency’’ criteria that are
applied to motor vehicle waiver
requests. Pursuant to section
209(b)(1)(C), the Administrator shall not
grant California a motor vehicle waiver
if she finds that California ‘‘standards
and accompanying enforcement
procedures are not consistent with
section 202(a)’’ of the Act. Previous
decisions granting waivers and
authorizations have noted that state
standards and enforcement procedures
are inconsistent with section 202(a) if:
(1) There is inadequate lead time to
permit the development of the necessary
technology giving appropriate
consideration to the cost of compliance
within that time, or (2) the Federal and
state testing procedures impose
inconsistent certification requirements.9
If California amends regulations that
EPA has already authorized, California
can seek EPA confirmation that the
amendments are within the scope of the
previous authorization. A within-thescope confirmation, without a full
authorization review, is permissible if
three conditions are met.10 First, the
amended regulations must not
undermine California’s determination
that its standards, in the aggregate, are
as protective of public health and
welfare as applicable Federal standards.
Second, the amended regulations must
not affect consistency with section
202(a) of the Act. Third, the amended
regulations must not raise any ‘‘new
issues’’ affecting EPA’s prior
authorizations.
III. EPA’s Request for Comments
As stated above, EPA is offering the
opportunity for a public hearing, and is
requesting written comment on issues
relevant to a within-the-scope analysis.
Specifically, we request comment on
whether California’s LSI amendments:
8 59
9 Id.
FR 36969 (July 20, 1994).
See also 78 FR 58090, 58092 (September 20,
2013).
10 See 78 FR 38970, 38972 (June 28, 2013).
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69847
(a) Undermine California’s previous
determination that its standards, in the
aggregate, are at least as protective of
public health and welfare as comparable
Federal standards; (b) affect the
consistency of California’s requirements
with section 209 of the Act; or (c) raise
any other new issues affecting EPA’s
previous waiver or authorization
determinations.
Should any party believe that the
amendments are not within the scope of
the previous authorization, EPA also
requests comment on whether the LSI
amendments meet the criteria for a full
authorization. Specifically, we request
comment on: (a) Whether CARB’s
determination that its standards, in the
aggregate, are at least as protective of
public health and welfare as applicable
federal standards is arbitrary and
capricious; (b) whether California needs
such standards to meet compelling and
extraordinary conditions; and (c)
whether California’s standards and
accompanying enforcement procedures
are consistent with section 209 of the
Act.
IV. Procedures for Public Participation
If a hearing is held, the Agency will
make a verbatim record of the
proceedings. Interested parties may
arrange with the reporter at the hearing
to obtain a copy of the transcript at their
own expense. Regardless of whether a
public hearing is held, EPA will keep
the record open until February 16, 2015.
Upon expiration of the comment period,
the Administrator will render a decision
on CARB’s request based on the record
from the public hearing, if any, all
relevant written submissions, and other
information that she deems pertinent.
All information will be available for
inspection at the EPA Air Docket No.
EPA–HQ–OAR–2014–0533.
Persons with comments containing
proprietary information must
distinguish such information from other
comments to the greatest extent possible
and label it as ‘‘Confidential Business
Information’’ (‘‘CBI’’). If a person
making comments wants EPA to base its
decision on a submission labeled as CBI,
then a non-confidential version of the
document that summarizes the key data
or information should be submitted to
the public docket. To ensure that
proprietary information is not
inadvertently placed in the public
docket, submissions containing such
information should be sent directly to
the contact person listed above and not
to the public docket. Information
covered by a claim of confidentiality
will be disclosed by EPA only to the
extent allowed, and according to the
procedures set forth in 40 CFR part 2.
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If no claim of confidentiality
accompanies the submission when EPA
receives it, EPA will make it available
to the public without further notice to
the person making comments.
FEDERAL COMMUNICATIONS
COMMISSION
Dated: November 12, 2014.
Christopher Grundler,
Director, Office of Transportation and Air
Quality, Office of Air and Radiation.
commence at 2:30 p.m. in Room TW–
C305, at 445 12th Street SW.,
Washington, DC.
October 17, 2014.
FCC To Hold Special Commission
Meeting; Friday, October 24, 2014
The Federal Communications
Commission will hold a Special
Commission Meeting on the subject
listed below on Friday, October 24,
2014. The meeting is scheduled to
[FR Doc. 2014–27801 Filed 11–21–14; 8:45 am]
BILLING CODE 6560–50–P
Item No.
Bureau
Subject
1 ......................................................
ENFORCEMENT ...........................
TITLE: Enforcement Bureau Action.
SUMMARY: The Commission will consider whether to take an enforcement action.
Additional information concerning
this meeting may be obtained from Mark
Wigfield, Office of Media Relations,
(202) 418–0253; TTY 1–888–835–5322.
Copies of materials adopted at this
meeting can be purchased from the
FCC’s duplicating contractor, Best Copy
and Printing, Inc. (202) 488–5300; Fax
(202) 488–5563; TTY (202) 488–5562.
These copies are available in paper
format and alternative media, including
large print/type; digital disk; and audio
and video tape. Best Copy and Printing,
Inc. may be reached by email at FCC@
BCPIWEB.com.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014–27564 Filed 11–21–14; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
[Docket No. 14–14]
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Mark Barr v. Ocean Trade Lines, Inc.;
Notice of Filing of Complaint and
Assignment
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (Commission) by Mark
Barr, hereinafter ‘‘Complainant,’’ against
Ocean Trade Lines, Inc., hereinafter
‘‘Respondent.’’ Complainant states that
he is a resident of the United Kingdom.
Complainant alleges that Respondent is
a non-vessel-operating common carrier
(NVOCC) licensed by the Commission
with its primary place of business in
Florida.
Complainant alleges that Respondent
has violated the Shipping Act, 46 U.S.C.
41102(c), 41104(2), 41104(3), 41104(4),
in connection with a contract for
shipment of a sailboat from Port
Everglades, FL to Southampton UK.
Complainant alleges that the sailboat
was not transported by Respondent and
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Respondent did not refund the freight
charges to Complainant.
Complainants seeks reparations in the
amount of $16,239, plus interest and
reasonable attorneys fees; payment of
additional amounts if violations of 46
U.S.C. 41104(3) are found; ‘‘a
determination whether Ocean Trade
Lines should be ordered to cease and
desist from all such practices; . . . a
determination whether the OTI license
of Ocean Trade Lines should be
suspended or revoked, as provided in 46
U.S.C. 40903(A); and . . . such other
relief or orders as the Commission may
determine.’’
The full text of the complaint can be
found in the Commission’s Electronic
Reading Room at www.fmc.gov/14–14.
This proceeding has been assigned to
the Office of Administrative Law Judges.
The initial decision of the presiding
officer in this proceeding shall be issued
by November 18, 2015 and the final
decision of the Commission shall be
issued by May 19, 2016.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2014–27690 Filed 11–21–14; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Savings and Loan Holding
Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Home Owners’ Loan Act
(12 U.S.C. 1461 et seq.) (HOLA),
Regulation LL (12 CFR part 238), and
Regulation MM (12 CFR part 239), and
all other applicable statutes and
regulations to become a savings and
loan holding company and/or to acquire
the assets or the ownership of, control
of, or the power to vote shares of a
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savings association and nonbanking
companies owned by the savings and
loan holding company, including the
companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the HOLA (12 U.S.C. 1467a(e)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 10(c)(4)(B) of the
HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless
otherwise noted, nonbanking activities
will be conducted throughout the
United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than December 19,
2014.
A. Federal Reserve Bank of
Philadelphia (William Lang, Senior Vice
President) 100 North 6th Street,
Philadelphia, Pennsylvania 19105–
1521:
1. Cape Bancorp, Inc., and Cape Bank,
both in Cape May Court House, New
Jersey; to acquire 100 percent of the
voting shares of Colonial Financial
Services, Inc., and Colonial Bank
Federal Savings Bank, both in Vineland,
New Jersey.
Board of Governors of the Federal Reserve
System, November 19, 2014.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2014–27765 Filed 11–21–14; 8:45 am]
BILLING CODE 6210–01–P
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Agencies
[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69845-69848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27801]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9919-57-OAR]
California State Nonroad Engine Pollution Control Standards;
Large Spark-Ignition Engines Regulation; Request for Authorization;
Opportunity for Public Hearing and Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The California Air Resources Board (CARB) has notified the
Environmental Protection Agency (EPA) that it has adopted amendments to
its large spark-ignited engines regulation (LSI amendments). By letter
dated June 2, 2014, CARB asked that EPA either confirm that the LSI
amendments (adopted in 2008 and 2010) are within the scope of prior
authorizations or that EPA issue a full authorization for those LSI
amendments found not to be within the scope of prior authorizations,
pursuant to section 209(e) of the Clean Air Act (CAA or Act). This
notice announces that EPA has tentatively scheduled a public hearing to
consider California's authorization request for the LSI amendments, and
that EPA is now accepting written comment on the request.
DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on January 14, 2015, at 10 a.m. ET. EPA will hold a hearing
only if any party notifies EPA by December 15, 2014, to express
interest in presenting the agency with oral testimony. Parties that
wish to present oral testimony at the public hearing should provide
written notice to David Dickinson at the email address noted below. If
EPA receives a request for a public hearing, that hearing will be held
at the William Jefferson Clinton Building (North), Room 5530, 1200
Pennsylvania Avenue NW., Washington, DC 20460. If EPA does not receive
a request for a public hearing, then EPA will not hold a hearing, and
instead will consider CARB's request based on written submissions to
the docket. Any party may submit written comments until February 16,
2015.
Any person who wishes to know whether a hearing will be held may
call David Dickinson at (202) 343-9256 on or after December 17, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0533, by one of the following methods:
Online at https://www.regulations.gov: Follow the Online
Instructions for Submitting Comments.
Email: a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2014-0533, U.S. Environmental Protection Agency, Mail code: 6102T, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total
of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Online Instructions for Submitting Comments: Direct your comments
to
[[Page 69846]]
Docket ID No. EPA-HQ-OAR-2014-0533. EPA's policy is that all comments
we receive will be included in the public docket without change and may
be made available online at 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 email. 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 email comment directly to EPA without
going through https://www.regulations.gov, your email address will
automatically be captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
EPA will make available for public inspection materials submitted
by CARB, written comments received from any interested parties, and any
testimony given at the public hearing. Materials relevant to this
proceeding are contained in the Air and Radiation Docket and
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2014-0533.
Publicly available docket materials are available either electronically
through https://www.regulations.gov or in hard copy at the Air and
Radiation Docket in the EPA Headquarters Library, EPA West Building,
Room 3334, located at 1301 Constitution Avenue NW., Washington, DC. The
Public Reading Room is open to the public on all federal government
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday
through Friday, excluding holidays. The telephone number for the
Reading Room is (202) 566-1744. The Air and Radiation Docket and
Information Center's Web site is https://www.epa.gov/oar/docket.html.
The electronic mail (email) address for the Air and Radiation Docket
is: a-and-r-Docket@epa.gov, the telephone number is (202) 566-1742, and
the fax number is (202) 566-9744. An electronic version of the public
docket is available through the federal government's electronic public
docket and comment system. You may access EPA dockets at https://www.regulations.gov. After opening the https://www.regulations.gov Web
site, enter, in the ``Enter Keyword or ID'' fill-in box to view
documents in the record. Although a part of the official docket, the
public docket does not include Confidential Business Information
(``CBI'') or other information whose disclosure is restricted by
statute.
EPA's Office of Transportation and Air Quality also maintains a Web
page that contains general information on its review of California
waiver and authorization requests. Included on that page are links to
prior waiver and authorization Federal Register notices. The page can
be accessed at https://www.epa.gov/otaq/cafr.htm.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor,
Compliance Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue (6405A) NW.,
Washington, DC 20460. Telephone: (202) 343-9256. Fax: (202) 343-2804.
Email: Dickinson.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. California's LSI Regulations
CARB promulgated its first LSI regulations, applicable to new LSI
engines, in 1999 and they remained unchanged until the 2008
amendments.\1\ EPA authorized the LSI regulations, on May 15, 2006.\2\
The 1999 LSI regulations established exhaust emission standards and
associated test procedures for LSI engines based upon engine
displacements. The exhaust emission standards applicable to 2002 and
subsequent model years (MYs) with displacements up to one liter were
identical to the emission standards applicable to California small off-
road engines (SORE) with engines greater than or equal to 225 cubic
centimeters and have remained unchanged except CARB subsequently
adopted more stringent exhaust emission standards for engines greater
than 225 cubic centimeters.\3\ CARB adopted its initial off-road LSI
fleet operator regulations on May 25, 2006 (Fleet Operator
Regulations).\4\ The Fleet Operator Regulations are designed to address
the hydrocarbon and nitrogen oxide emissions from existing LSI engines
operating in California and require fleets to meet certain fleet
average emission level standards.
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\1\ Title 13, California Code of Regulations, sections 2430-
2439.
\2\ 71 FR 29623 (May 15, 2006).
\3\ EPA granted an authorization for these amendments at 71 FR
75536 (December 15, 2006). CARB also adopted amendments establishing
more stringent exhaust emission standards for engines equal to or
greater than one liter in 2007 and EPA granted an authorization for
these amendments at 77 FR 20388 (April 4, 2012).
\4\ EPA granted an authorization for these regulations at 77 FR
20388 (April 4, 2012).
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CARB adopted the 2008 LSI amendments on November 21, 2008. The 2008
LSI amendments create two new engine categories below one liter
displacement, with new more stringent exhaust and evaporative emission
standards applicable to new engines, and provide clarification as to
when CARB's off-road sport or utility regulations apply to certain LSI
engines.
CARB adopted the 2010 LSI amendments on December 17, 2010. These
amendments are designed to provide compliance flexibility which will
allow operators to reduce their compliance costs while retaining the
emission benefits associated with the original regulations.
By letter dated June 2, 2014, CARB submitted a request to EPA
pursuant to section 209(e) of the CAA for authorization of its 2008 and
2010 LSI amendments. CARB seeks EPA's confirmation that these
amendments fall within the scope of EPA's previous authorization, or,
in the alternative, a full authorization.
II. Clean Air Act Nonroad Engine and Vehicle Authorizations
Section 209(e)(1) of the CAA prohibits states and local governments
from adopting or attempting to enforce any standard or requirement
relating to the control of emissions from new nonroad vehicles or
engines. The Act also preempts states from adopting and enforcing
standards and other requirements related to the control of emissions
from non-new nonroad engines or vehicles. Section 209(e)(2), however,
requires the Administrator, after notice and opportunity for public
hearing, to authorize California to adopt and enforce standards and
other requirements relating to the control of emissions from such
vehicles or engines if California determines that California standards
will be, in the aggregate, at least as protective of public health and
welfare as applicable Federal standards. However, EPA shall not grant
such authorization if it finds that (1) the
[[Page 69847]]
determination of California is arbitrary and capricious; (2) California
does not need such California standards to meet compelling and
extraordinary conditions; or (3) California standards and accompanying
enforcement procedures are not consistent with [CAA section 209].\5\ In
addition, other states with air quality attainment plans may adopt and
enforce such regulations if the standards, and implementation and
enforcement procedures, are identical to California's standards. On
July 20, 1994, EPA promulgated a rule that sets forth, among other
things, regulations providing the criteria, as found in section
209(e)(2), which EPA must consider before granting any California
authorization request for new nonroad engine or vehicle emission
standards.\6\ EPA revised these regulations in 1997.\7\ As stated in
the preamble to the 1994 rule, EPA has historically interpreted the
section 209(e)(2)(iii) ``consistency'' inquiry to require, at minimum,
that California standards and enforcement procedures be consistent with
section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has
interpreted that subsection in the context of section 209(b) motor
vehicle waivers).\8\
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\5\ EPA's review of California regulations under section 209 is
not a broad review of the reasonableness of the regulations or its
compatibility with all other laws. Sections 209(b) and 209(e) of the
Clean Air Act limit EPA's authority to deny California requests for
waivers and authorizations to the three criteria listed therein. As
a result, EPA has consistently refrained from denying California's
requests for waivers and authorizations based on any other criteria.
In instances where the U.S. Court of Appeals has reviewed EPA
decisions declining to deny waiver requests based on criteria not
found in section 209(b), the Court has upheld and agreed with EPA's
determination. See Motor and Equipment Manufacturers Ass'n v.
Nichols, 142 F.3d 449, 462-63, 466-67 (D.C. Cir.1998), Motor and
Equipment Manufacturers Ass'n v. EPA, 627 F.2d 1095, 1111, 1114-20
(D.C. Cir. 1979). See also 78 FR 58090, 58120 (September 20, 2013).
\6\ 59 FR 36969 (July 20, 1994).
\7\ 62 FR 67733 (December 30, 1997). The applicable regulations,
now in 40 CFR part 1074, subpart B, Sec. 1074.105, provide:
(a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
federal standards.
(b) The authorization will not be granted if the Administrator
finds that any of the following are true:
(1) California's determination is arbitrary and capricious.
(2) California does not need such standards to meet compelling
and extraordinary conditions.
(3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
(c) In considering any request to authorize California to adopt
or enforce standards or other requirements relating to the control
of emissions from new nonroad spark-ignition engines smaller than 50
horsepower, the Administrator will give appropriate consideration to
safety factors (including the potential increased risk of burn or
fire) associated with compliance with the California standard.
\8\ 59 FR 36969 (July 20, 1994).
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In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if she
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
Federal and state testing procedures impose inconsistent certification
requirements.\9\
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\9\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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If California amends regulations that EPA has already authorized,
California can seek EPA confirmation that the amendments are within the
scope of the previous authorization. A within-the-scope confirmation,
without a full authorization review, is permissible if three conditions
are met.\10\ First, the amended regulations must not undermine
California's determination that its standards, in the aggregate, are as
protective of public health and welfare as applicable Federal
standards. Second, the amended regulations must not affect consistency
with section 202(a) of the Act. Third, the amended regulations must not
raise any ``new issues'' affecting EPA's prior authorizations.
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\10\ See 78 FR 38970, 38972 (June 28, 2013).
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III. EPA's Request for Comments
As stated above, EPA is offering the opportunity for a public
hearing, and is requesting written comment on issues relevant to a
within-the-scope analysis. Specifically, we request comment on whether
California's LSI amendments: (a) Undermine California's previous
determination that its standards, in the aggregate, are at least as
protective of public health and welfare as comparable Federal
standards; (b) affect the consistency of California's requirements with
section 209 of the Act; or (c) raise any other new issues affecting
EPA's previous waiver or authorization determinations.
Should any party believe that the amendments are not within the
scope of the previous authorization, EPA also requests comment on
whether the LSI amendments meet the criteria for a full authorization.
Specifically, we request comment on: (a) Whether CARB's determination
that its standards, in the aggregate, are at least as protective of
public health and welfare as applicable federal standards is arbitrary
and capricious; (b) whether California needs such standards to meet
compelling and extraordinary conditions; and (c) whether California's
standards and accompanying enforcement procedures are consistent with
section 209 of the Act.
IV. Procedures for Public Participation
If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until February 16, 2015. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that she deems pertinent.
All information will be available for inspection at the EPA Air Docket
No. EPA-HQ-OAR-2014-0533.
Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information''
(``CBI''). If a person making comments wants EPA to base its decision
on a submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
part 2.
[[Page 69848]]
If no claim of confidentiality accompanies the submission when EPA
receives it, EPA will make it available to the public without further
notice to the person making comments.
Dated: November 12, 2014.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2014-27801 Filed 11-21-14; 8:45 am]
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