### 53199 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices

Oceanside/Camp Pendleton, New Information, San Diego County, CA, Comment Period Ends: 10/15/2012,
Contact: Manuel E. Sanchez 619–699–

7336.

Amended Notices
EIS No. 20120274, Draft EIS, USFS, AZ,

Prescott National Forest Land and Resource Management Plan, Yavapai and Coconino Counties, AZ, Comment Period Ends: 11/28/2012, Contact: Mary C. Rasmussen 928–
443–8265. Revision to FR Notice Published 08/24/2012; Change Comment Period Ending 10/08/2012
to 11/28/2012. EIS No. 20120275, Draft EIS, USFS, MT,

Wild Cramer Forest Health and Fuels Reduction Project, Swan Lake Ranger District, Flathead National Forest, Flathead County, MT, Comment Period Ends: 10/09/2012, Contact:
Richard Kehr 406–837–7500. Revision to FR Notice Published 08/24/2012; Change Comment Period Ending 10/
08/2012 to 10/09/2012.

Dated: August 28, 2012.
Cliff Rader, Director, NEPA Compliance Division, Office of Federal Activities.

[FR Doc. 2012–21568 Filed 8–30–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[AMS–FRL–9724–4]**

**California State Motor Vehicle Pollution Control Standards; Advanced**  **Clean Car Program; Request for Waiver of Preemption; Opportunity for**  **Public Hearing and Public Comment**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of Opportunity for Public Hearing and Comment.

**SUMMARY :**  The California Air Resources Board (CARB) has notified EPA that it has developed an Advanced Clean Car program (ACC) which combines the control of smog and soot causing pollutants and greenhouse gas (GHG) emissions into a single coordinated package of requirements for passenger cars, light-duty trucks and medium-duty passenger vehicles (and limited requirements related to heavy-duty vehicles). The ACC program includes
revisions to California’s Low Emission Vehicle (LEV) program as well as its Zero Emission Vehicle (ZEV) program. By letter dated June 27, 2012, CARB submitted a request that EPA grant a waiver of preemption under section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for the revisions to the LEV program. CARB also seeks
confirmation that the amendments to the ZEV program are within-the-scope of prior waiver decisions issued by EPA, or in the alternative requests a waiver
for these revisions. This notice
announces that EPA has scheduled a public hearing concerning California’s request and that EPA is accepting written comment on the request.

**DATES :**  EPA has scheduled a public hearing concerning CARB’s request on September 19, 2012, beginning at 9:00 a.m. Any party planning to present oral testimony should notify EPA by September 14, 2012, expressing its interest. EPA will hold the public hearing at EPA’s offices at 1310 L Street NW., Washington, DC 20460. Any party may submit written comments by October 19, 2012.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2012–0562, by one of the following methods:

• http://www.regulations.gov: Follow the on-line instructions for submitting

comments.

• Email: dickinson.david@epa.gov.

• Fax: (202) 343–2804.

• Mail: U.S. Environmental Protection Agency, EPA West (Air Docket), 1200 Pennsylvania Ave., NW., Room B108, Mail Code 6102T, Washington, DC 20460, Attention Docket ID No. EPA–HQ–OAR–2012–
0562. Please include a total of two copies.

• Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements
should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No EPA–HQ–

OAR–2012–0562.

EPA’s policy is that all comments received will be included in the public docket without change and may be
made available online at http:// 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 http:// www.regulations.gov or email.

The http://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 http://www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects
or viruses. Docket: All documents in the
docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard

copy.

EPA will make available for in person inspection, at the Air and Radiation Docket and Information Center, written
comments received from interested parties, in addition to any testimony given at the public hearing. The official public docket is the collection of materials that is available for public viewing at the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air and Radiation Docket is (202)
566–1743. The reference number for this docket is EPA–HQ–OAR–2012–0562.

EPA will make available an electronic copy of this Notice on the Office of Transportation and Air Quality’s (OTAQ’s) homepage (http://www.epa. gov/otaq/ ). Users can find this document by accessing the OTAQ homepage and looking at the path entitled ‘‘Regulations.’’ This service is free of charge, except any cost you already incur for Internet connectivity. Users can also get the official Federal Register version of the Notice on the day of publication on the primary Web site: (http://www.epa.gov/docs/fedrgstr/ EPA-AIR/ ). Please note that due to differences between the software used to develop
the documents and the software into


### 53200 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices

1 The amendments and adoption of regulations can be found at title 13, California Code of Regulations, sections 1961.2 and 1961.3 (adoption) and sections 1900, 1956.8, 1960.1, 1961, 1961.1,

1965, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 2145, 2147, 2235, 2317, and Documents incorporated by reference (amendments).

2 Letter from Mary D. Nichols, CARB, dated June 27, 2012 at p. 2. 3 ‘‘CLEAN AIR ACT § 209(b) WAIVER SUPPORT

DOCUMENT SUBMITTED BY THE CALIFORNIA AIR RESOURCES BOARD, May 2012,’’ at p. 9 (accompanying June 27, 2012 letter). 4 To be consistent, the California certification procedures need not be identical to the Federal certification procedures. California procedures would be inconsistent, however, if manufacturers
would be unable to meet the state and the Federal requirements with the same test vehicle in the course of the same test. See, e.g., 43 FR 32182 (July 25, 1978). which the documents may be downloaded, changes in format, page length, etc., may occur.

**FOR FURTHER INFORMATION CONTACT :**  David Dickinson, Compliance Division (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 343–9256, Fax: (202) 343–2804,
email address: Dickinson.David@EPA.

GOV.

mailto:Dickinson.David@EPA.GOV.

**SUPPLEMENTARY INFORMATION :**  I. CARB’s New Waiver Request and
Prior Greenhouse Gas Emission
Waivers

CARB’s June 27, 2012, letter to the
Administrator notified EPA that CARB had adopted its ACC regulatory package in January 2012 and that the package
contains amendments to its low emission vehicle (LEV) program to address both smog forming pollutants and greenhouse gases, and amendments to its zero emission vehicle program (ZEV). 1 The amendments to the LEV program are referred to as LEV III. CARB requests that EPA grant a new waiver for its LEV III program. CARB also seeks
confirmation that amendments to its ZEV program are within-the-scope of previous waivers issued by EPA. In the alternative, CARB requests that EPA grant a new waiver for its ZEV program.

CARB’s waiver request discusses in detail both its ZEV program
amendments and its LEV III amendments. CARB’s waiver request includes an ‘‘analysis setting forth
California’s basis for the waiver requests. The analysis sets forth a summary of the regulatory actions, a review of the criteria governing EPA’s
evaluation of a California waiver request, and the legal arguments that support and compel EPA to grant California’s request.’’ 2 With respect to the LEV III greenhouse gas standards, CARB notes that it plans to adopt a rule
which would allow manufacturers to demonstrate compliance with California’s greenhouse gas regulations for the 2017 through 2025 model years by demonstrating compliance with EPA’s greenhouse gas requirements for the 2017 through 2025 model years (commonly referred to as the ‘deemed to comply’ provision), subject to review of the contents of EPA’s final rule for these model years. 3

CARB plans to commence its ‘‘deemed to comply’’ rulemaking shortly after EPA finalizes the light-duty vehicle greenhouse gas emission standards for model years 2017–2025, conditioned on
its review of EPA’s final GHG rule. As discussed below, EPA invites comment on all aspects of CARB’s waiver request, and specifically invites comment on CARB’s waiver request in light of CARB’s plans concerning adoption of a deemed to comply provision into its
LEV III GHG standards. This will allow EPA to consider any deemed to comply provision and comments on it when taking action on CARB’s request for a

waiver.

EPA previously granted CARB a waiver of preemption for its 2009 and subsequent model year new motor vehicle greenhouse gas emission standards on July 8, 2009 (74 FR 32744). Subsequently, CARB adopted a series of amendments to those regulations, including a deemed to comply rule whereby compliance with EPA’s GHG standards for model years 2012 through 2016 would serve as compliance with
California’s GHG standards for those model years. On June 14, 2011 (76 FR 34693), EPA confirmed that these series of amendments were within-the-scope of the waiver granted on July 8, 2009. EPA has most recently issued waivers and within-the-scope decisions for CARB’s ZEV program in 2006 (71 FR 78190, December 28, 2006) and 2011 (76 FR 61095, October 3, 2011). EPA’s most recent waivers and within-the-scope decisions for CARB’s LEV II program were issued in 2003 (68 FR 19811, April 22, 2003), 2005 (70 FR 22034, April 28, 2005), and 2010 (75 FR 44948, July 30, 2010).

II. Scope of Preemption and Criteria for
a Waiver Under the Clean Air Act

Section 209(a) of the Clean Air Act, as amended (‘‘Act’’), 42 U.S.C. 7543(a), provides:

No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions
from new motor vehicles or new motor vehicle engines subject to this part. No state shall require certification, inspection or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment. Section 209(b) of the Act requires the Administrator, after notice and opportunity for public hearing, to waive application of the prohibitions of section 209(a) for any state that has adopted standards (other than crankcase emission standards) for the control of
emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the state determines that the state standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. California is the only state that is qualified to seek and receive a waiver under section 209(b). The Administrator must grant a waiver unless she finds that (A) the determination of the state is arbitrary and capricious, (B) the state does not
need the state standards to meet compelling and extraordinary conditions, or (C) the state standards and accompanying enforcement procedures are not consistent with section 202(a) of the Act. Previous decisions granting waivers of Federal preemption for motor vehicles have
stated that State standards are inconsistent with section 202(a) if there is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time period or if the Federal and State test procedures impose inconsistent certification procedures. 4
III. Request for Comment

When EPA receives new waiver requests from CARB, EPA traditionally publishes a notice of opportunity for public hearing and comment and then, after the comment period has closed, publishes a notice of its decision in the Federal Register . In contrast, when EPA receives within-the-scope waiver requests from CARB, EPA usually publishes a notice of its decision in the Federal Register and concurrently invites public comment if an interested party is opposed to EPA’s decision. In this case, for the ZEV amendments CARB requests a within-the-scope determination, or in the alternative a

waiver.

Since CARB has submitted a withinthe-scope request for its ZEV amendments as they affect both the 2012–2017 model years (MYs) and 2018 and subsequent MYs, EPA invites


### 53201 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices

1 Copies of the Minutes of the Federal Open Market Committee at its meeting held on July 31– August 1, 2012, which includes the domestic policy directive issued at the meeting, are available on the Board’s Web site, www.federalreserve.gov. The minutes are also published in the Federal Reserve Bulletin and in the Board’s Annual Report. comment on the following issues. First, should California’s ZEV amendments, as they affect the 2012–2017 MYs and/or the 2018 and later MYs, be considered under the within-the-scope criteria or should they be considered under the full waiver criteria? Second, to the extent part or all of those ZEV
amendments should be considered as a within-the-scope request, do such
amendments meet the criteria for EPA to confirm that they are within-the-scope of prior waivers? Please also provide
comments to address the full waiver analysis (noted below for the remainder of the ACC program), in the event that
EPA cannot confirm that some or all of
CARB’s ZEV amendments are withinthe-scope of previous waivers.

We are requesting comment on all aspects of the full waiver analysis with regard to the ACC program (the LEV III criteria pollutant and GHG regulations,
and the ZEV amendments to the extent
EPA does not consider them under the within-the-scope analysis noted above).
This includes consideration of the following three criteria: whether (a)
California’s determination that its motor vehicle emission standards are, in the aggregate, at least as protective of public health and welfare as applicable Federal standards is arbitrary and capricious, (b)
California needs such standards to meet compelling and extraordinary conditions, and (c) California’s standards and accompanying enforcement procedures are consistent with section 202(a) of the Clean Air Act. As noted above, CARB plans to propose a deemed to comply rule for its GHG standards shortly after EPA finalizes its light-duty vehicle greenhouse gas emission standards, conditioned on its
review of EPA’s final GHG rule. As such, EPA specifically invites comment on CARB’s waiver request in light of CARB’s plans concerning adoption of a deemed to comply provision into its
LEV III GHG standards. This will allow EPA to consider any deemed to comply provision and comments on it when taking action on CARB’s request for a
waiver.

IV. Procedures for Public Participation

The Agency will make a verbatim record of the proceedings at the hearing. Interested parties may arrange with the reporter at the hearing to obtain a copy of the transcript at their own expense. EPA will keep the record open until October 19, 2012. Upon expiration of the comment period, the Administrator
will render a decision on CARB’s request based on the record of the public hearing, relevant written submissions, and other information that she deems pertinent. Persons with comments containing proprietary information must distinguish such information from other comments to the greatest possible extent
and label it as ‘‘Confidential Business Information’’ (CBI). If a person making
comments wants EPA to base its decision in part on a submission labeled CBI, then a non-confidential version of the document that summarizes the key
data or information should be submitted for the public docket. To ensure that proprietary information is not inadvertently placed in the 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 by 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: August 28, 2012. Gina McCarthy, Assistant Administrator, Office of Air and
Radiation.

[FR Doc. 2012–21566 Filed 8–30–12; 8:45 am]

**BILLING CODE 6560–50–P**

**EXPORT-IMPORT BANK**

**Economic Impact Policy**

This notice is to inform the public that the Export-Import Bank of the
United States has received an application for a $21 million guarantee to support the $19 million export of a wire rod mill to the Czech Republic. The U.S. export will replace an existing facility and enable the Czech company to expand its production of wire rod by approximately 50,000 metric tons annually during the 8.5-year repayment term of the obligation. Available
information indicates that the additional wire rod production will be sold domestically in the Czech Republic and Slovakia, Germany, and Italy.

Interested parties may submit comments on this transaction by email

to economic.impact@exim.gov or by mail to 811 Vermont Avenue NW., Room 947, Washington, DC 20571, within 14 days of the date this notice appears in the Federal Register

. Kathryn Hoff-Patrinos, Deputy General Counsel.

[FR Doc. 2012–21548 Filed 8–30–12; 8:45 am]

**BILLING CODE 6690–01–P FEDERAL RESERVE SYSTEM** 

**Federal Open Market Committee; Domestic Policy Directive of July 31–**  **August 1, 2012**

In accordance with Section 271.7(d) of its rules regarding availability of information (12 CFR part 271), there is set forth below the domestic policy directive issued by the Federal Open Market Committee at its meeting held on July 31–August 1, 2012. 1

The Federal Open Market Committee seeks monetary and financial conditions that will foster price stability and promote sustainable growth in output. To further its long-run objectives, the
Committee seeks conditions in reserve
markets consistent with federal funds trading in a range from 0 to 1 ⁄ 4 percent. The Committee directs the Desk to continue the maturity extension program it announced in June to purchase Treasury securities with remaining maturities of 6 years to 30 years with a total face value of about $267 billion by the end of December 2012, and to sell or redeem Treasury securities with remaining maturities of approximately 3 years or less with a total face value of about $267 billion. For the duration of this program, the Committee directs the Desk to suspend its current policy of rolling over maturing Treasury securities into new
issues. The Committee directs the Desk to maintain its existing policy of reinvesting principal payments on allagency debt and agency mortgagebacked securities in the System OpenMarket Account in agency mortgagebacked securities. These actions should
maintain the total face value of domestic securities at approximately $2.6 trillion.
The Committee directs the Desk to engage in dollar roll transactions as necessary to facilitate settlement of the Federal Reserve’s agency MBS transactions. The System Open Market Account Manager and the Secretary will keep the Committee informed of ongoing developments regarding the System’s balance sheet that could affect
the attainment over time of the Committee’s objectives of maximum employment and price stability.