Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations 30161 

Dated: April 24, 2015. 

P.C. Schifflin, 

Captain, U.S. Coast Guard, Captain of the 

Port New Orleans. 

[FR Doc. 2015–12735 Filed 5–26–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0532; FRL–9928–17– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Alaska State Implementation Plan 

(SIP) submitted on July 1, 2014 and 

October 24, 2014. These revisions 

primarily update the adoption by 

reference of Federal regulations and 

definitions into the Alaska SIP. The 

revisions also clarify stationary source 

permitting rules governing ownerrequested emission limits and revise the 

SIP to reflect the redesignation of the 

Eagle River area of Anchorage. Upon the 

effective date, the Alaska SIP will be 

updated to reflect recent Federal 

regulatory changes and actions. 

DATES: This final rule is effective on 

June 26, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2014–0532. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which 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 through http://

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–150, 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at (206) 553–6357, 

hall.kristin@epa.gov, or by using the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

In a notice of proposed rulemaking 

published in the Federal Register at 80 

FR 14038, March 18, 2015, the EPA 

proposed to approve and incorporate by 

reference revisions to the Alaska SIP 

submitted on July 1, 2014 and October 

24, 2014. Please see our March 18, 2015, 

proposed rulemaking for further 

explanation and the basis for our 

finding. The public comment period for 

the proposal ended on April 17, 2015. 

We received a comment letter from the 

Alaska Department of Environmental 

Conservation, dated April 16, 2015, 

acknowledging our work and supporting 

the proposal. We received no other 

comments. 

II. Final Action 

The EPA is approving and 

incorporating by reference into the 

Alaska SIP changes to the following 

provisions submitted on July 1, 2014 

and October 24, 2014: 

• 18 AAC 50.015 ‘‘Air Quality 

Designations, Classifications, and 

Control Regions’’ (State effective 10/6/

2013); 

• 18 AAC 50.040 ‘‘Federal Standards 

Adopted by Reference’’ (State effective 

10/6/2013); 

• 18 AAC 50.225 ‘‘Owner-Requested 

Limits’’ (State effective 10/6/2013); 

• 18 AAC 50.260 ‘‘Guidelines for Best 

Available Retrofit Technology under the 

Regional Haze Rule’’ (State effective 10/ 

6/2013); 

• 18 AAC 50.502 ‘‘Minor Permits for 

Air Quality Protection’’ (State effective 

11/9/2014); and 

• 18 AAC 50.990 ‘‘Definitions’’ (State 

effective 11/9/2014). 

We note that this action does not 

address the submitted revisions related 

to Alaska’s nonattainment NSR 

permitting program because we 

approved those changes on January 7, 

2015 (80 FR 832). This action is being 

taken under section 110 and part C of 

title I of the CAA. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

provisions of 18 AAC 50 set forth below. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

IV. Statutory and Executive Order 

Reviews 

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, the 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

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30162 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 27, 2015. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 7, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart C—Alaska 

■ 2. In section 52.70, the table in 

paragraph (c) is amended by revising 

entries 18 AAC 50.015, 18 AAC 50.040, 

18 AAC 50.225, 18 AAC 50.260, 18 AAC 

50.502, and 18 AAC 50.990 to read as 

follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

*******

18 AAC 50.015 ....... Air Quality Designations, Classifications, and Control Regions.10/6/13 05/27/15 [Insert Federal Register 

citation].

* * * * * * * 

18 AAC 50.040 ....... Federal Standards Adopted by 

Reference.

11/9/14 

10/6/13 

12/3/05 

1/7/15, 80 FR 832; 05/27/15 [Insert Federal Register citation] 

8/14/07, 72 FR 45378.

except (a), (b), (c), (d), (e), (g), 

(h)(21), (j), and (k). 

* * * * * * * 

18 AAC 50 Article 2. Program Administration 

*******

18 AAC 50.225 ....... Owner-Requested Limits .............. 10/6/13 05/27/15 [Insert Federal Register 

citation].

* * * * * * * 

18 AAC 50.260 ....... Guidelines for Best Available Retrofit Technology under the Regional Haze Rule.10/6/13 05/27/15 [Insert Federal Register 

citation].

* * * * * * * 

18 AAC 50 Article 5. Minor Permits 

18 AAC 50.502 ....... Minor Permits for Air Quality Protection.11/9/14 05/27/15 [Insert Federal Register 

citation].

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Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations 30163 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

18 AAC 50 Article 9. General Provisions 

18 AAC 50.990 ....... Definitions ..................................... 11/9/14 1/7/15, 80 FR 832; 05/27/15 [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–12655 Filed 5–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 383 

Commercial Driver’s License 

Standards; Regulatory Guidance 

Concerning the Passenger 

Endorsement Requirements 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of regulatory guidance. 

SUMMARY: FMCSA responds to a 

question whether a commercial driver’s 

license (CDL) passenger endorsement is 

required for drivers of certain custom 

motorcoaches designed or used to 

transport fewer than 16 passengers, 

including the driver. The guidance 

explains that a passenger endorsement 

is required because the vehicle is 

intended to transport passengers rather 

than cargo. 

DATES: This guidance is effective May 

27, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Selden Fritschner, Chief, Commercial 

Driver’s License Division, Office of 

Safety Programs, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. Telephone (202) 366–0677 or 

Selden.Fritschner@dot.gov. Office hours 

are from 8:00 a.m. to 4:30 p.m., Monday 

through Friday, except Federal holidays. 

If you have questions on the docket, call 

Ms. Barbara Hairston, Docket 

Operations, telephone 202–366–3024. 

SUPPLEMENTARY INFORMATION: 

I. Legal Basis 

The CDL program was established by 

the Commercial Motor Vehicle Safety 

Act of 1986 (CMVSA) (49 U.S.C. chapter 

313). The CMVSA authorizes the 

Secretary of Transportation to set 

minimum standards for the CDL. The 

Administrator of FMCSA has been 

delegated the authority to carry out the 

functions vested in the Secretary by the 

CMVSA (49 Code of Federal Regulations 

[CFR] 1.87(e)(1)). 

Parts 383 and 384 of Title 49, CFR, 

implement the CMVSA requirements. 

Part 383 prohibits any person who does 

not hold a valid CDL or commercial 

learner’s permit (CLP) issued by his/her 

State of domicile from operating a 

commercial motor vehicle (CMV) that 

requires a driver with a CDL. This 

regulatory guidance is based on that 

authority and is intended to ensure that 

CDL holders obtain the proper 

endorsements before operating a CMV. 

II. Background 

The American Bus Association (ABA) 

asked if drivers of certain custom 

motorcoaches require passenger 

endorsements. These motorcoaches are 

used primarily to transport entertainers 

to performance venues throughout the 

United States. Because these vehicles 

have gross vehicle weights (GVWs) and 

gross vehicle weight ratings (GVWRs) 

greater than 26,000 pounds, the driver 

must have a CDL. However, the vehicles 

are not designed or used to transport 16 

or more passengers. Each vehicle begins 

as a motorcoach chassis and body shell 

which is then customized by a secondstage manufacturer that installs beds, 

couches, sinks, kitchen cabinets, and 

other furnishings. ABA notes that the 

maximum passenger capacity of these 

vehicles is approximately 10–12 

persons, plus the driver. The ABA asked 

whether the drivers must have 

passenger endorsements on their CDLs. 

ABA estimates that approximately 1,000 

entertainer motorcoaches are currently 

in operation. 

III. Applicable Regulations 

The CDL rules in 49 CFR 383.23(a) 

require individuals to pass written and 

driving tests for a CLP or CDL to operate 

commercial motor vehicles (CMVs). 

Section 383.5 defines a CMV. 

The customized motorcoaches 

described by the ABA are Group B 

Heavy Straight Vehicles, within the 

CMV definition under § 383.5 and under 

§ 383.91 concerning endorsements. 

They are used in commerce to transport 

passengers, and have GVWRs and GVWs 

of 26,001 pounds or more. Section 

383.93(b)(2) requires CDL holders who 

operate or expect to operate ‘‘passenger 

vehicles’’ to obtain a passenger 

endorsement requiring a knowledge and 

skills test (§ 383.93(c)(2)). Neither these 

sections nor the passenger endorsement 

provisions in § 383.117 specifies a 

minimum number of passengers needed 

to trigger the endorsement requirement. 

Drivers of the customized motorcoaches 

used by the entertainment industry, 

which are designed or used to transport 

between 10 and 12 passengers, 

including the driver, are therefore 

required to have a CDL with a passenger 

endorsement. 

It should be noted that FMCSA and its 

predecessor agency, the Federal 

Highway Administration, have held for 

more than 20 years that drivers of 

recreational vehicles used strictly for 

non-commercial purposes are not 

required to obtain a CDL [Question 3 

under § 383.3, 58 FR 60734, 60735, 

November 17, 1993; available on the 

Agency’s Web site: www.fmcsa.dot.gov]. 

Such vehicles are not ‘‘used in 

commerce’’ in the sense intended by the 

definition of ‘‘commercial motor 

vehicle’’ in 49 U.S.C. 31301(4) and 49 

CFR 383.5. Today’s regulatory guidance 

is therefore limited to the issue of the 

passenger endorsement for individuals 

who are already required to possess a 

CDL. 

IV. FMCSA Decision 

In consideration of the above, FMCSA 

has determined that the requirements 

under 49 CFR part 383 require CDLholders to have a passenger 

endorsement when operating a vehicle 

that exceeds the 26,000-pound 

threshold, and is designed to transport 

passengers rather than property. FMCSA 

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