75442 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 

Management User Guide—V. 1.8, July 

23, 2012, Section 3.4, page 92, available 

at https://www.sam.gov/sam/transcript/

SAM_User_Guide_v1.8.pdf). In addition, 

the U.S. government takes steps to 

facilitate selection of the correct NAICS 

code by private parties. The U.S. Census 

Bureau posts instructions on its Web 

site on how to properly classify 

products and services in accordance 

with the NAICS. BIS has included 

illustrative examples in § 701.4(c)(1)(iii) 

and § 701.4(c)(2)(iv) on classifying 

military export sales and offset 

transactions by NAICS codes. 

In addition, small governmental 

entities and small organizations are not 

likely to be involved in international 

defense trade, and would therefore have 

no reason to submit data to BIS 

pursuant to this regulation. 

Consequently, this proposed rule, if 

promulgated, will not have a significant 

impact on a substantial number of small 

entities. 

List of Subjects in 15 CFR Part 701 

Administrative practice and 

procedure, Arms and munitions, 

Business and industry, Exports, 

Government contracts, Reporting and 

recordkeeping requirements. 

Accordingly, 15 CFR part 701 is 

proposed to be amended as follows: 

PART 701—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 701 is revised to read as follows: 

Authority: 50 U.S.C. app. 2061 et. seq., 

E.O. 13603, 77 FR 16651, 3 CFR, 2012 Comp., 

p. 225. 

■ 2. Revise paragraphs (a) and (b) of 

§ 701.2 to read as follows: 

§ 701.2 Definitions. 

(a) Offsets—Compensation practices 

required as a condition of purchase in 

either government-to-government or 

commercial sales of: 

(1) Defense articles and/or defense 

services as defined by the Arms Export 

Control Act and the International Traffic 

in Arms Regulations; or 

(2) Items controlled under an Export 

Control Classification Number (ECCN) 

that has the numeral ‘‘6’’ as its third 

character in the Commerce Control List 

found in Supplement No. 1 to part 774 

of this chapter other than semisubmersible and submersible vessels 

specially designed for cargo transport 

and parts, components, accessories and 

attachments specially designed therefor 

controlled under ECCN 8A620.b; test, 

inspection and production equipment 

controlled in ECCN 8B620.b, software 

controlled in ECCN 8D620.b and 

technology controlled in ECCN 8E620.b. 

(b) Military Export Sales—Exports 

that are either Foreign Military Sales 

(FMS) or commercial (direct) sales of: 

(1) Defense articles and/or defense 

services as defined by the Arms Export 

Control Act and International Traffic in 

Arms Regulations; or 

(2) Items controlled under an Export 

Control Classification Number (ECCN) 

that has the numeral ‘‘6’’ as its third 

character in the Commerce Control List 

found in Supplement No. 1 to part 774 

of this chapter other than semisubmersible and submersible vessels 

specially designed for cargo transport 

and parts, components, accessories and 

attachments specially designed therefor 

controlled under ECCN 8A620.b; test, 

inspection and production equipment 

controlled in ECCN 8B620.b; software 

controlled in ECCN 8D620.b; and 

technology controlled in ECCN 8E620.b. 

* * * * * 

■ 3. Revise paragraph (a) of § 701.3 to 

read as follows: 

§ 701.3 Applicability and scope. 

(a) This part applies to U.S. firms 

entering contracts that are subject to an 

offset agreement exceeding $5,000,000 

in value and that are for the sale to a 

foreign country or foreign firm of: (1) 

Defense articles and/or defense services 

as defined by the Arms Export Control 

Act and International Traffic in Arms 

Regulations; or 

(2) Items controlled under an Export 

Control Classification Number (ECCN) 

that has the numeral ‘‘6’’ as its third 

character in the Commerce Control List 

found in Supplement No. 1 to part 774 

of this chapter other than semisubmersible and submersible vessels 

specially designed for cargo transport 

and parts, components, accessories and 

attachments specially designed therefor 

controlled under ECCN 8A620.b; test, 

inspection and production equipment 

controlled in ECCN 8B620.b; software 

controlled in ECCN 8D620.b and 

technology controlled in ECCN 8E620.b. 

* * * * * 

Dated: November 24, 2015. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2015–30421 Filed 12–1–15; 8:45 am] 

BILLING CODE 3510–JT–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0751; FRL–9939–64– 

Region 9] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns volatile organic 

compound (VOC), oxides of nitrogen 

(NOX), and particulate matter (PM) 

emissions from internal combustion 

engines. We are proposing to approve a 

local rule to regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Any comments must arrive by 

January 4, 2016. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2015–0751, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: Once submitted, 

comments cannot be edited or 

withdrawn. The EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. If you need to 

include CBI as part of your comment, 

please visit http://www.epa.gov/

dockets/comments.html for further 

instructions. Multimedia submissions 

(audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. For the full EPA public comment 

policy and general guidance on making 

effective comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 75443 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Proposed Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rule 

D. Public comment and proposed action 

III. Incorporation by reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule number Rule title Adopted Submitted 

SJVUAPCD ..................................................... 4702 Internal Combustion Engines ......................... 11/14/13 05/13/14 

On July 18, 2014, EPA determined 

that the submittal for SJVUAPCD Rule 

4702 met the completeness criteria in 40 

CFR part 51 Appendix V, which must be 

met before formal EPA review. 

B. Are there other versions of this rule? 

We approved an earlier version of 

Rule 4702 into the SIP on January 10, 

2008 (73 FR 1819). The SJVUAPCD 

adopted revisions to the SIP-approved 

version on November 14, 2013 and 

CARB submitted them to us on May 13, 

2014. While we can act on only the most 

recently submitted version, we have 

reviewed materials provided with 

previous submittals. 

C. What is the purpose of the submitted 

rule revisions? 

VOCs and NOX help produce groundlevel ozone and smog, which harm 

human health and the environment. PM 

contributes to effects that are harmful to 

human health and the environment, 

including premature mortality, 

aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

emissions of VOC, NOX, and PM, among 

other pollutants. 

The primary changes to Rule 4702 

include expanding the applicability of 

the rule, establishing lower NOX limits 

for spark-ignited non-Agricultural 

Operation (non-AO) IC engines, and 

adding a fee compliance option. EPA’s 

technical support document (TSD) 

contains more information about this 

rule. 

II. EPA’s Evaluation and Proposed 

Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see CAA section 110(a)(2)), 

must not interfere with applicable 

requirements concerning attainment and 

reasonable further progress or other 

CAA requirements (see CAA section 

110(l)), and must not modify certain SIP 

control requirements in nonattainment 

areas without ensuring equivalent or 

greater emissions reductions (see CAA 

section 193). 

Guidance and policy documents that 

we use to evaluate pollution control 

requirements, rule enforceability, and 

SIP revisions under CAA section 110 

include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title 

I of the Clean Air Act Amendments of 

1990,’’ 57 FR 13498 (April 16, 1992); 57 

FR 18070 (April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, 

revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘State Implementation Plans; Nitrogen 

Oxides Supplement to the General 

Preamble; Clean Air Act Amendments of 

1990 Implementation of Title I; Proposed 

Rule,’’ (the NOX Supplement), 57 FR 

55620, November 25, 1992. 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Stationary Reciprocating Internal 

Combustion Engines,’’ EPA–453/R–93– 

032, July 1993. 

6. ‘‘Determination of Reasonable Available 

Control Technology and Best Available 

Retrofit Control Technology for 

Stationary Spark-Ignited Internal 

Combustion Engines,’’ CARB, November 

2011. 

7. ‘‘Review of State Implementation Plans 

and Revisions for Enforceability and 

Legal Sufficiency,’’ September 23, 1987. 

In ozone nonattainment areas 

classified as moderate or above, all 

major stationary sources of NOX or 

VOCs must be subject to Reasonably 

Available Control Technology (RACT) 

(see sections 182(b)(2) and 182(f)). The 

SJVUAPCD regulates an ozone 

nonattainment area classified as extreme 

nonattainment for the 1-hour, 1997 8- 

hour, and 2008 8-hour ozone NAAQS 

(see 40 CFR 81.305). 

Additionally, moderate PM2.5

nonattainment areas must implement 

Reasonably Available Control Measures 

(RACM), including Reasonably 

Available Control Technology (RACT) 

(see CAA sections 172(c)(1) and 

189(a)(1)(C)), and serious PM2.5

nonattainment areas must implement 

Best Available Control Measures 

(BACM), including Best Available 

Control Technology (BACT) (see CAA 

section 189(b)(1)(B)). The SJVUAPCD 

regulates a PM2.5 nonattainment area 

classified as serious nonattainment for 

the 1997 PM2.5 NAAQS and moderate 

nonattainment for the 2006 and 2012 

PM2.5 NAAQS. Therefore, we are 

evaluating this rule for compliance with 

both RACT and BACT requirements for 

NOX control. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, BACT, 

and SIP revisions. Although the new 

NOX emission limits for spark-ignited IC 

engines used in non-agricultural 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
75444 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 

operations in Table 2 of the revised rule 

are not enforceable because of the 

option to pay fees in lieu of compliance 

with the limits (section 5.2.2.2), the rule 

clearly requires that all engines in the 

fee program comply with the applicable 

limits in Table 1 of the rule (section 

5.2.2.2.1), which are identical to the 

control requirements in the SIPapproved version of Rule 4702. Based 

on our evaluation of the control 

requirements in the rule and related 

support documents in the SIP 

submission, we propose to determine 

that Rule 4702 implements BACT for 

NOX emissions from stationary internal 

combustion engines operating in the 

SJV. The TSD has more information on 

our evaluation. 

C. EPA Recommendations to Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time SJVUAPCD modifies the rule 

but are not currently the basis for rule 

disapproval. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, EPA is proposing to fully 

approve the submitted rule based on our 

conclusion that the rule satisfies all 

applicable CAA requirements. We will 

accept comments from the public on 

this proposal until January 4, 2016. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the SJVUAPCD rule as described in 

Table 1 of this notice. The EPA has 

made, and will continue to make, these 

documents available electronically 

through www.regulations.gov and in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive 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 Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action 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 on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule will not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: November 12, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2015–30542 Filed 12–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0613; FRL–9939–46– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; State of New 

Mexico/Albuquerque-Bernalillo 

County; Infrastructure and Interstate 

Transport SIP 2010 Nitrogen Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve a State 

Implementation Plan (SIP) submission 

from the State of New Mexico on behalf 

of the City of Albuquerque-Bernalillo 

County for the Nitrogen Dioxide (NO2) 

National Ambient Air Quality Standards 

(NAAQS). The submittal addresses how 

the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 NO2 NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP for 

Albuquerque-Bernalillo County is 

adequate to meet the state’s 

responsibilities under the CAA, 

including the four CAA requirements 

for interstate transport of NO2

emissions. 

DATES: Written comments must be 

received on or before January 4, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R06–OAR–2013–0613, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Tracie Donaldson at 

Donaldson.tracie@epa.gov. 

• Mail or delivery: Mary Stanton, 

Chief, State Implementation B Section 

(6MM–AB), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Deliveries 

are accepted only between the hours of 

8 a.m. and 4 p.m. weekdays, and not on 

legal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS