22204 Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Proposed Rules 

SUPPLEMENTARY INFORMATION: On 

January 20, 2016, we published in the 

Federal Register (81 FR 3033–3038, 

Docket No. APHIS–2015–0073) a 

proposal to amend the regulations to 

allow the importation of fresh apple and 

pear fruit from certain countries in the 

European Union into the continental 

United States, provided that the fruit is 

produced in accordance with a systems 

approach, as an alternative to 

importation under the current 

preclearance program. 

Comments on the proposed rule were 

required to be received on or before 

March 21, 2016. We are reopening the 

comment period on Docket No. APHIS– 

2015–0073 for an additional 45 days 

until May 5, 2016. This action will 

allow interested persons additional time 

to prepare and submit comments. We 

will also consider all comments 

received between March 22, 2016, and 

the date of this notice. 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

Done in Washington, DC, this 11th day of 

April 2016. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2016–08806 Filed 4–14–16; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[Docket ID ED–2015–OESE–0130] 

Negotiated Rulemaking Committee; 

Schedule of Committee Meetings 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Intent to establish a negotiated 

rulemaking committee. 

SUMMARY: On February 4, 2016, we 

announced our intention to establish a 

negotiated rulemaking committee prior 

to publishing proposed regulations to 

implement part A of title I, Improving 

Basic Programs Operated by Local 

Educational Agencies, of the Elementary 

and Secondary Education Act of 1965 

(ESEA), as amended by the Every 

Student Succeeds Act (ESSA). We also 

announced the schedule for three 

sessions of committee meetings and the 

location for each of those meetings. We 

now announce a change of location for 

the meeting on the first day of the third 

session. 

DATES: The dates, times, and locations 

of the committee meetings are set out in 

the Schedule for Negotiations section in 

the SUPPLEMENTARY INFORMATION section 

of this notice. 

FOR FURTHER INFORMATION CONTACT: 

James Butler, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 3W246, Washington, DC 20202. 

Telephone (202) 260–9737 or by email: 

OESE.ESSA.nominations@ed.gov. 

For general information about the 

negotiated rulemaking process, see The 

Negotiated Rulemaking Process for the 

Every Student Succeeds Act— 

Frequently Asked Questions, available 

at http://www2.ed.gov/policy/elsec/leg/

essa/essanegregnoticefaqs02022016.pdf. 

If you use a telecommunications 

device for the deaf or a text telephone, 

call the Federal Relay Service, toll free, 

at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 4, 2016, we published a 

notice in the Federal Register (81 FR 

5969) announcing our intention to 

establish a negotiated rulemaking 

committee prior to publishing proposed 

regulations to implement part A of title 

I of the ESEA, as amended by the ESSA. 

We explained that the negotiated 

rulemaking committee would be 

convened to address proposed 

regulations that would: (1) Update 

existing assessment regulations to 

reflect changes to section 1111(b)(2) of 

the ESEA; and (2) relate to the 

requirement under section 1118(b) of 

the ESEA that title I, part A funds be 

used to supplement, and not supplant, 

non-Federal funds. In the February 4, 

2016, notice, we set a schedule for three 

sessions of committee meetings, 

including an optional third session from 

April 18–April 19, 2016, if the 

committee determined that a third 

session would enable the committee to 

complete its work of developing 

regulations that reflect a final consensus 

of the committee. We also announced 

the date, time, and locations of the three 

sessions. 

We now announce that the April 18, 

2016, meeting of the committee will be 

held at a different location than 

indicated in the February 4, 2016, 

notice. 

Schedule for Negotiations: The 

committee will meet for its third session 

on April 18–April 19, 2016. The 

committee meetings will run from 9 

a.m. to 5 p.m. each day. 

The April 18, 2016, committee 

meeting will be held at the U.S. 

Department of Education, Potomac 

Center Plaza, 550 12th Street SW., 

Washington, DC 22202. The April 19, 

2016, committee meeting will be held at 

the U.S. Department of Education, 400 

Maryland Avenue SW., Washington, DC 

20202. 

The meetings are open to the public. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

The negotiated rulemaking meeting 

sites are accessible to individuals with 

disabilities. If you need an auxiliary aid 

or service to participate in the meeting 

(e.g., interpreting service, assistive 

listening device, or materials in 

alternative format), notify the program 

contact person listed under FOR FURTHER

INFORMATION CONTACT in advance of the 

scheduled meeting date. We will make 

every effort to meet any request we 

receive. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. You may also 

access documents of the Department 

published in the Federal Register by 

using the article search feature at: 

www.federalregister.gov. Specifically, 

through the advanced search feature at 

this site, you can limit your search to 

documents published by the 

Department. 

Dated: April 12, 2016. 

John B. King, Jr., 

Secretary of Education. 

[FR Doc. 2016–08795 Filed 4–14–16; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0105 FRL–9944–94– 

Region 9] 

Limited Approval, Limited Disapproval 

of California 9+Air Plan Revisions, 

Eastern Kern Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Proposed Rules 22205 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a limited 

approval and limited disapproval of 

revisions to the Eastern Kern Air 

Pollution Control District (EKAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compounds (VOCs) emitted from motor 

vehicle and mobile equipment 

refinishing operations. We are 

proposing action on a local rule that 

regulates 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 

May 16, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0105 at http://

www.regulations.gov, or via email to 

Steckel.Andrew@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Lazarus, EPA Region IX, (415) 

972–3024, Lazarus.Arnold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the 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 revision? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. What are the rule deficiencies? 

D. EPA Recommendations To Further 

Improve the Rule 

E. Proposed Action and Public Comment 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Population 

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 # Rule title Amended Submitted 

EKAPCD ........................... 410.4A ............................. Motor Vehicle and Mobile Equipment Refinishing 

Operations.

03/13/14 07/25/14 

On September 11, 2014, the submittal 

for EKAPCD Rule 410.4A was found to 

meet 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 410.4A into the SIP on November 

13, 1998 (63 FR 63410). The EKAPCD 

adopted revisions to the SIP-approved 

version on March 13, 2014 and CARB 

submitted them to us on July 25, 2014. 

C. What is the purpose of the submitted 

rule revision? 

VOCs help produce ground-level 

ozone, smog and particulate matter 

(PM), which harm human health and 

the environment. Section 110(a) of the 

CAA requires States to submit 

regulations that control VOC emissions. 

The purpose of this rule is to limit VOC 

emissions from coatings and solvents 

used in production, repair, refinish, or 

maintenance operations where motor 

vehicles, mobile equipment, or 

associated parts and components are 

coated. 

The EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

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). 

Generally, SIP rules must require 

Reasonably Available Control 

Technology (RACT) for each category of 

sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source of VOCs in 

ozone nonattainment areas classified as 

moderate or above (see CAA section 

182(b)(2)). The EKAPCD regulates an 

ozone nonattainment area classified as 

Marginal Nonattainment for the 8-hour 

Ozone National Ambient Air Quality 

Standard (40 CFR 81.305). In addition, 

EKAPCD is classified as Moderate for 

the 1997 8-hour ozone NAAQS (40 CFR 

81.305). There is no EPA CTG for Motor 

Vehicle and Mobile Equipment 

Refinishing Operations and, according 

to CARB’s facility search engine, there 

are no facilities that emit VOC in the 

EKAPCD for this category for the most 

recent database year of 2013. Therefore, 

Rule 410.4A is not required to 

implement reasonably available control 

technology (RACT) pursuant to CAA 

section 182(b)(2). 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
22206 Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Proposed Rules 

1See ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ (a.k.a., 

Bluebook) EPA OAQPS, May 25, 1988. P2–7. 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants 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. Code of Federal Regulations (CFR) Title 40, 

Subpart B, Table 1, ‘‘Volatile Organic 

Compound Emission Standards for 

Automobile Refinish Coatings’’ (40 CFR 

part 59, subpart B, table 1). 

B. Does the rule meet the evaluation 

criteria? 

Rule 410.4A improves the SIP by 

establishing more stringent emission 

limits, and by clarifying labeling, test 

methods and recordkeeping provisions. 

The rule is largely consistent with CAA 

requirements and relevant guidance 

regarding enforceability, stringency and 

SIP revisions. Rule provisions that do 

not meet the evaluation criteria are 

summarized below and discussed 

further in the TSD. 

C. What are the rule deficiencies? 

These provisions do not satisfy the 

requirements of section 110 and part D 

of title I of the Act and prevent full 

approval of the SIP revision. 

• Paragraph VI(A), ‘‘VOC Content 

Limits,’’ provides VOC limits for cavity 

wax, deadener, gasket/gasket sealing 

material, lubricating wax/compounds 

and trunk interior coatings. However, in 

conflict with long-standing guidance on 

enforceability such as discussed in the 

Bluebook, these terms are not defined in 

the rule.1

D. EPA Recommendations To Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule. 

E. Proposed Action and Public 

Comment 

As authorized in sections 110(k)(3) 

and 301(a) of the Act, the EPA is 

proposing a limited approval of the 

submitted rule. If finalized, this action 

would incorporate the submitted rule 

into the SIP, including those provisions 

identified as deficient. This approval is 

limited because EPA is simultaneously 

proposing a limited disapproval of the 

rule under section 110(k)(3). 

Neither sanctions nor a Federal 

Implementation Plan (FIP) would be 

imposed should the EPA finalize this 

limited disapproval. Sanctions would 

not be imposed under CAA 179(b) 

because the submittal of Rule 410.4A is 

discretionary (i.e., not required to be 

included in the SIP), and the EPA 

would not promulgate a FIP in this 

instance under CAA 110(c)(1) because 

the disapproval does not reveal a 

deficiency in the SIP for the area that a 

FIP must correct. Specifically, there is 

no EPA CTG for Motor Vehicle and 

Mobile Equipment Refinishing 

Operations and, according to CARB’s 

Facility Search Engine, there are no 

facilities that emit VOC in the EKAPCD 

for this category for the most recent 

database year of 2013. Accordingly, the 

failure of the EKAPCD to adopt 

revisions to Rule 410.4A would not 

adversely affect the SIP’s compliance 

with the CAA’s requirements, such as 

the requirements for section 182 ozone 

RACT, reasonable further progress, and 

attainment demonstrations. 

Note that the submitted rule has been 

adopted by the EKAPCD, and the EPA’s 

final limited disapproval would not 

prevent the local agency from enforcing 

it. The limited disapproval also would 

not prevent any portion of the rule from 

being incorporated by reference into the 

federally enforceable SIP. 

We will accept comments from the 

public on the proposed limited approval 

and limited disapproval for the next 30 

days. 

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 

EKAPCD Rule 410.4A 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 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because 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, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Proposed Rules 22207 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

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

Dated: April 4, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2016–08508 Filed 4–14–16; 8:45 am] 

BILLING CODE 6560–50–P 


jstallworth on DSK7TPTVN1PROD with PROPOSALS