30224 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules 

Dated: May 6, 2016. 

G.L. Tomasulo, 

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

Port Charleston. 

[FR Doc. 2016–11471 Filed 5–13–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

[EPA–HQ–OAR–2015–0486, FRL–9946–34– 

OAR] 

RIN 2060–AS71 

Revision to the Near-Road NO2

Minimum Monitoring Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to revise the 

minimum monitoring requirements for 

near-road nitrogen dioxide (NO2) 

monitoring by removing the existing 

requirements for near-road NO2

monitoring stations in Core Based 

Statistical Areas (CBSAs) having 

populations between 500,000 and 

1,000,000 persons, that are due by 

January 1, 2017. Current near-road NO2

monitoring data indicate air quality 

levels in the near-road environment are 

well below the National Ambient Air 

Quality Standards (NAAQS) for the 

oxides of nitrogen. In light of this 

information, and due to the relationship 

between population, traffic, and 

expected NO2 concentrations in the 

near-road environment, it is anticipated 

that measured near-road NO2

concentrations in relatively smaller 

CBSAs (e.g., CBSAs with populations 

less than 1,000,000 persons) would 

exhibit similar, and more likely, lower 

concentrations, than what is being 

measured in larger urban areas. 

DATES: Comments must be received on 

or before June 30, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2015–0486, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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 made outside of the primary 

submission (i.e., on the Web, Cloud, or 

other file sharing system). For 

additional submission methods, 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2015– 

0486. The 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 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 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the 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 the 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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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 the EPA’s public docket, visit the 

EPA Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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. Publicly available docket 

materials are available either 

electronically at www.regulations.gov or 

in hard copy at the Air and Radiation 

Docket and Information Center, EPA/

DC, EPA William J. Clinton (WJC) West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. 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 and Information Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nealson Watkins, Air Quality 

Assessment Division, Office of Air 

Quality Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

code C304–06, Research Triangle Park, 

NC 27711; telephone: (919) 541–5522; 

fax: (919) 541–1903; email: 

watkins.nealson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Does this action apply to me? 

This action applies to state, territorial, 

and local air quality management 

programs that are responsible for 

ambient air quality monitoring under 40 

CFR part 58. Categories and entities 

potentially regulated by this action 

include: 

Category NAICSa code 

State/territorial/local/tribal 

government ....................... 924110 

a North American Industry Classification 

System. 

B. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting CBI. Do not submit this 

information to the EPA through http:// 

www.regulations.gov or email. Clearly 

mark any of the information that you 

claim to be CBI. For CBI information in 

a disk or CD ROM that you mail to the 

EPA, mark the outside of the disk or CD 

ROM as CBI and then identify 

electronically within the disk or CD 

ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 Code of Federal Regulations (CFR) 

part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 


Lhorne on DSK30JT082PROD with PROPOSALS
Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules 30225 

1See 40 CFR part 58, appendix D, section 4.3.2. 

2See 40 CFR part 58, appendix D, section 4.3.3. 

3See 40 CFR part 58, appendix D, section 4.3.4. 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

CFR part or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this 

proposed rule will also be available on 

the Worldwide Web (WWW) through 

the Technology Transfer Network 

(TTN). Following signature, a copy of 

this proposed rule will be posted on the 

TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

the following address: https://

www3.epa.gov/ttnamti1/monregs.html. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. A redline/strikeout 

document comparing the proposed 

revisions to the appropriate sections of 

the current rules will be provided in the 

docket. 

Table of Contents 

The following topics are discussed in 

this preamble: 

I. Background 

II. Proposed Revisions to the Near-Road NO2

Minimum Monitoring Requirements 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 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: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations 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 

Populations 

I. Background 

On February 9, 2010, the EPA 

promulgated minimum monitoring 

requirements for the ambient NO2

monitoring network in support of the 

revised NO2 NAAQS (75 FR 6474; 

February 9, 2010). The 2010 NO2

NAAQS revision included a 1-hour 

standard with a 98th percentile form 

averaged over 3 years and a level of 100 

parts per billion (ppb), reflecting the 

maximum allowable NO2 concentration 

anywhere in an area, while retaining the 

annual standard of 53 ppb. 

As part of the 2010 NO2 NAAQS 

rulemaking, the EPA promulgated 

revisions to requirements for minimum 

numbers of ambient NO2 monitors 

which included new monitoring near 

major roads in larger urban areas, 

requirements to characterize NO2

concentrations representative of wider 

spatial scales in larger urban areas (areawide monitors), and monitors intended 

to characterize NO2 exposures of 

susceptible and vulnerable populations. 

Specifically, the requirements for these 

minimum monitoring requirements that 

were promulgated in 2010 were as 

follows: 

(a) The first tier of the ambient NO2

monitoring network required near-road 

monitoring.1 The requirements included 

the placement of one near-road NO2

monitoring station in each CBSA with a 

population of 500,000 or more persons 

to monitor a location of expected 

maximum hourly concentrations sited 

near a major road. An additional nearroad NO2 monitoring station was 

required at a second location of 

expected maximum hourly 

concentrations for any CBSA with a 

population of 2,500,000 or more 

persons, or in any CBSA with a 

population of 500,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater Annual Average 

Daily Traffic (AADT) counts. Based 

upon 2010 census data and data 

maintained by the U.S. Department of 

Transportation Federal Highway 

Administration on the most heavily 

trafficked roads in the U.S. (http://

www.fhwa.dot.gov/policyinformation/

tables/02.cfm), approximately 126 nearroad NO2 sites were required within 103 

CBSAs nationwide at the time of rule 

promulgation. 

(b) The second tier of the NO2

network required area-wide NO2

monitoring,2 where area-wide means 

that the monitor is representative of a 

spatial scale of representativeness of 

neighborhood scale (0.5 to 4 km in 

dimension) or larger, as defined in 40 

CFR part 58, appendix D, section 1.2. 

Requirements included the placement of 

one monitoring station in each CBSA 

with a population of 1,000,000 or more 

persons to monitor a location of 

expected highest NO2 concentrations 

representing the neighborhood or larger 

spatial scales. Based on 2010 census 

data, approximately 52 area-wide NO2

sites were required within 52 CBSAs at 

the time of rule promulgation. 

(c) The third tier of the NO2 minimum 

monitoring requirements was for the 

characterization of NO2 exposure for 

susceptible and vulnerable 

populations.3 The EPA Regional 

Administrators, in collaboration with 

states, required a minimum of 40 

additional NO2 monitoring stations 

nationwide in any area, inside or 

outside of CBSAs, in addition to the 

minimum monitoring requirements for 

near-road and area-wide monitors with 

a primary focus on siting these monitors 

in locations with susceptible and 

vulnerable populations. Monitoring 

sites intended to satisfy these NO2

minimum monitoring requirements 

were required to be submitted to the 

EPA for approval. Per 40 CFR 58.10 and 

58.13, states were required to submit a 

plan to the EPA for establishing 

required area-wide NO2 monitoring sites 

and those NO2 monitoring sites 

intended to represent areas with 

susceptible and vulnerable populations 

by July 1, 2012, and ensure that the 

monitoring stations were operational by 

January 1, 2013. State and local air 

monitoring agencies fulfilled the 

requirements for area-wide monitors 

and those sites representing areas with 

susceptible and vulnerable populations 

on schedule. 

The near-road component of the 

ambient NO2 monitoring network was 

also originally required to be completely 

operational by January 1, 2013. 

However, in 2012, the EPA proposed (77 

FR 64244; October 19, 2012) and then 

finalized in 2013 (78 FR 16184; March 

14, 2013), through a public notice and 

comment rulemaking, to require that the 

near-road NO2 monitoring stations be 

installed in three phases. The revised 

installation schedule allowed more time 

for states to establish the near-road NO2

network on a schedule consistent with 

available resources. The revised 

installation schedule for the near-road 


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4Memo to docket located in Docket #EPA–HQ– 

OAR–2015–0486, document 1, under ‘‘Supporting 

Documents.’’ 

5http://www.rita.dot.gov/bts/sites/

rita.dot.gov.bts/files/publications/state_

transportation_statistics/state_transportation_

statistics_2015/index.html. 

6Although the particular relationship between 

CBSA population size and any measured or 

expected near-road NO2 concentrations is quite 

strong, the deviations from that expected 

relationship or trend are explainable. Near-road 

NO2 measured concentrations are influenced by a 

number of known factors such as differences in 

traffic volumes, fleet mixes, congestion patterns, 

roadway design, terrain, and meteorology, along 

with some influence based upon the distance of the 

monitor to the road and with background NO2

concentration differences. The influence of these 

factors is inherently part of the near-road NO2

network (as referenced in 40 CFR part 58, section 

4.3.2), and the measured concentrations at every 

near-road NO2 site will always be influenced by any 

number of these factors to varying degrees in time. 

NO2 monitoring network was modified 

to reflect the following: 

Phase 1: In CBSAs with a population 

of 1,000,000 or more persons, one nearroad NO2 monitor shall be reflected in 

the state Annual Monitoring Network 

Plan submitted July 1, 2013, and that 

monitor shall be operational by January 

1, 2014. 

Phase 2: In CBSAs where two nearroad NO2 monitors are required (either 

because the CBSA has a population of 

2,500,000 or more persons, or has a 

population of 500,000 or more persons 

plus one or more roadway segments 

having AADT counts of 250,000 or 

more), the second near-road NO2

monitor shall be reflected in the state 

Annual Monitoring Network Plan 

submitted July 1, 2014, and that monitor 

shall be operational by January 1, 2015. 

Phase 3: In CBSAs with a population 

of at least 500,000 persons, but less than 

1,000,000 persons, one near-road NO2

monitor shall be reflected in the state 

Annual Monitoring Network Plan 

submitted July 1, 2016, and the monitor 

shall be operational by January 1, 2017. 

As of April 2016, the EPA estimates 

that 65 near-road NO2 monitors are in 

operation. Tracking of near-road site 

meta-data indicate that state and local 

air monitoring agencies have 

successfully installed these new 

monitors in the appropriate locations, 

collectively placing monitors adjacent to 

highly trafficked roads in their 

respective CBSAs. The latest available 

near-road NO2 monitoring site meta-data 

can be found at http://www3.epa.gov/

ttn/amtic/nearroad.html. 

II. Proposed Revisions to Near-Road 

NO2 Minimum Monitoring 

Requirements 

The EPA is proposing to revise the 

minimum monitoring requirements for 

near-road NO2 monitoring by removing 

the existing requirement for near-road 

NO2 monitoring stations in CBSAs 

having populations between 500,000 

and 1,000,000 persons, also known as 

Phase 3 of the near-road NO2 network. 

This revision is based on the following 

key technical points: 

• The Phase 1 and Phase 2 near-road 

sites that have been installed to date are 

located at maximum concentration 

locations consistent with the guidance 

in the Near-road NO2 Monitoring 

Technical Assistance Document (http:// 

www3.epa.gov/ttn/amtic/files/nearroad/

NearRoadTAD.pdf) as demonstrated by 

a detailed examination of site meta-data. 

• The higher populated CBSAs that 

contain these near-road NO2 sites have 

higher mobile source emissions and 

associated indicators, such as Vehicle 

Miles Traveled (VMTs). 

• Ambient concentrations collected at 

all existing near-road monitoring sites 

are well below both the annual and 1- 

hour daily maximum NAAQS levels of 

53 ppb and 100 ppb, respectively. 

Further information on each of the 

key points is provided below. 

The ‘‘Near-road NO2 Network and 

Data Analysis’’ docket memo (docket 

memo) provides a review and analysis 

of the characteristics of the existing 

near-road NO2 monitoring network and 

the relationships between NO2

emissions, population, traffic, and NO2

concentration data.4 First, as noted 

above, the existing near-road NO2

monitoring sites appropriately 

characterize the peak NO2

concentrations that exist in the nearroad environment within their 

respective CBSAs based on a detailed 

analysis of site metadata. This is an 

important assertion, as having the whole 

of the near-road NO2 network be 

representative of expected peak, nearroad NO2 concentration in a given CBSA 

allows for an equitable comparison of 

near-road data across CBSAs that have 

near-road monitors. Monitoring agencies 

have provided a detailed accounting of 

total traffic volume and fleet mix while 

also accounting for the available 

information on congestion patterns, 

roadway design, terrain, and 

meteorology that went into their site 

selection. For example, it is estimated 

that 55 percent of the near-road sites are 

adjacent to one of the top five highest 

trafficked road segments in their 

respective CBSA, 71 percent are 

adjacent to one of the top 10 most 

highly trafficked roads, and 91 percent 

are adjacent to one of the top 25 most 

highly trafficked roads. Further, while 

all sites are within the required distance 

of 50 meters from their respective target 

road, state and local air agencies were 

successful in placing the sites in close 

proximity to roadway travel lanes. The 

EPA estimates that 59 percent of the 

sites are within 20 meters from their 

respective target road (which was a 

recommended target distance in the 

‘‘Near-road NO2 Monitoring Technical 

Assistance Document’’), 87 percent are 

within 30 meters, and 96 percent are 

within 40 meters. Accordingly, the nearroad monitoring network is situated to 

provide measurements that are a good 

representation of peak near-road NO2

concentrations that exist in a given 

CBSA. 

Second, higher populated CBSAs 

have correspondingly more vehicles and 

vehicle miles traveled, which in turn 

increases the availability of mobile 

source emissions that lead to increased 

opportunity for higher NO2

concentrations, particularly in the nearroad environment. This is evident upon 

evaluation of national VMT data 

available from the U.S. Department of 

Transportation in the State 

Transportation Statistics 2015 

document.5 A more specific evaluation 

of VMT by CBSA shows a clear, positive 

relationship between CBSA population 

size and VMT. Further, more densely 

populated CBSAs typically have more 

individual roads with relatively high 

traffic volumes than less densely 

populated CBSA counterparts. Based on 

this relationship, the EPA notes that 

higher populated areas correspondingly 

have more vehicles, which increase the 

mobile source derived emissions that 

lead to increased opportunity for higher 

NO2 concentrations particularly in the 

near-road environment.6

Third, the analysis of the available 

near-road NO2 data from sites having 

largely complete data in 2013 and 2014, 

and the 1st, 2nd, and 3rd quarters of 

2015, indicate that while the larger 

CBSAs tend to have higher measured 

near-road NO2 concentrations than 

lesser populated CBSAs, all readings are 

well below the applicable NO2 NAAQS 

levels. This is true for both the annual 

and 1-hour NO2 NAAQS, although this 

correspondence is stronger in the longer 

term averages of the data (such as the 

annual mean) compared to the peak 1- 

hour values for a given time frame. 

Due to the phased implementation of 

the near-road NO2 network, the 

initiation of valid data collection varies 

significantly by location. Accordingly, it 

is more straight-forward to analyze the 

data by the years when monitoring 

commenced, recognizing that the 

number of operating sites and the 

resulting data completeness will 

generally increase with time. 

In 2013, four sites with sufficiently 

complete datasets (75 percent or greater 


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annual completeness) were operational 

(Boise, ID; Des Moines, IA; Detroit, MI; 

and St. Louis, MO). Among these sites, 

the highest 98th percentile 1-hour daily 

max value was 50 ppb measured in the 

St. Louis CBSA. The highest annual 

mean value was 18 ppb measured in the 

Detroit CBSA. 

In 2014, there were 21 CBSAs with 

near-road data meeting 75 percent 

completeness criteria. The highest 98th 

percentile 1-hour daily max value was 

70 ppb measured in the Denver CBSA. 

The highest annual mean value was 27 

ppb measured in the Los Angeles CBSA. 

At the time of development of this 

proposal, 4th quarter 2015 data were not 

yet due to be submitted to the EPA. 

Using the 75 percent completeness 

criteria applied to the first three 

calendar quarters of submitted 2015 

near-road NO2 data, there were 42 

CBSAs with data suitable for analysis. 

Of these data, the highest 98th 

percentile 1-hour daily max value was 

72 ppb measured in the New York City 

CBSA. The highest annual mean value 

was 26 ppb measured in the Denver 

CBSA. 

All of these data indicate that, to date, 

no near-road NO2 site has collected data 

that are above or are threatening the 

annual NO2 NAAQS of 53 ppb or the 

100 ppb level of the 98th percentile 1- 

hour daily maximum value. As noted 

above, this is true for the larger CBSAs 

where the highest emissions and VMT 

exist. 

In light of the information presented 

here and in the docket memo, the EPA 

is reconsidering the necessity of the 

third phase of the near-road NO2

network. In particular, we have revisited 

the issue of whether the additional 

burden on state and local air monitoring 

agencies to operate Phase 3 of the nearroad network is needed to provide 

evidence of compliance with the NO2

NAAQS in the smaller CBSAs. 

Given that measured near-road NO2

concentrations to date are not 

approaching the NAAQS levels, even in 

the most heavily populated CBSAs with 

monitoring stations adjacent to the most 

heavily traveled road segments, we have 

concluded that the likelihood of 

measuring elevated NO2 concentrations 

approaching or exceeding the NAAQS 

in smaller CBSAs is very small and, 

therefore, the Phase 3 requirement for 

near-road monitoring is no longer 

needed. 

The EPA notes that even with the 

proposed deletion of the Phase 3 nearroad requirements, the authority 

remains for the EPA Regional 

Administrator to work with states to 

install additional near-road NO2

monitors above the minimum 

requirements (40 CFR part 58, section 

4.3.4) in areas that may have 

concentrations approaching or 

exceeding the NAAQS. This authority 

provides a means for additional nearroad NO2 monitors to be installed in any 

area, such as a CBSA with a population 

below 1,000,000 persons, where data or 

other information suggest that near-road 

NO2 monitoring might be warranted. 

Such an action could be based on 

research or non-regulatory data in an 

area, situations where an area has high 

background or area-wide NO2

concentrations, a desired or needed 

understanding of near-road NO2

concentrations and exposures, or in 

situations where an unusual or unique 

roadway related exposure to high 

ambient NO2 concentrations exists such 

as an unusually highly trafficked road 

segment (i.e., a road segment having 

greater than 250,000 AADT counts) in a 

relatively smaller CBSA. The EPA views 

this existing Regional Administrator 

authority as a means to ensure that nearroad NO2 monitoring will continue to 

occur where needed, even after the 

proposed changes to minimum 

monitoring requirements. 

In summary, given the relationships 

between population, traffic, and 

expected NO2 concentrations in the 

near-road environment, the EPA 

anticipates that measured near-road NO2

concentrations in relatively smaller 

CBSAs (e.g., CBSAs with populations 

less than 1,000,000 persons) would 

typically exhibit similar, if not lower, 

concentrations than what is being 

measured in larger urban areas. It has 

also been demonstrated that the 

available near-road NO2 data indicate 

the air quality in the near-road 

environment is generally well below the 

NO2 NAAQS across the network. 

Accordingly, the EPA is proposing to 

remove the requirement to install nearroad NO2 monitors in CBSAs having 

populations between 500,000 and 

1,000,000 persons, also known as Phase 

3 of the near-road NO2 network, due by 

January 1, 2017. This proposed action 

would also relieve states from being 

required to document the need for Phase 

3 requirements in their Annual 

Monitoring Network Plans that are due 

July 1, 2016. 

The EPA also proposes to modify the 

requirement for a second near-road NO2

monitor in any CBSA having 500,000 or 

more persons that also had one or more 

road segments with 250,000 or greater 

AADT counts to only apply to CBSAs 

having 1,000,000 or more persons. This 

is necessary to align all near-road NO2

monitoring requirements language to 

only apply to those CBSAs having 

1,000,000 persons or more. If there is a 

case of a relatively smaller CBSA having 

one or more road segments with 250,000 

AADT counts or greater (of which the 

EPA is not aware), then the Regional 

Administrator’s authority to require 

additional monitoring might be 

appropriate to consider and there could 

be an evaluation of whether monitoring 

is warranted. 

This proposed revision is estimated to 

relieve requirements for approximately 

53 near-road NO2 monitors, based on 

2014 Census Bureau population 

estimates (http://www.census.gov/

population/metro/). This action would 

not modify the requirements for nearroad NO2 monitors in CBSAs having 

1,000,000 or more persons and for a 

second near-road monitor in CBSAs 

having 2,500,000 or more persons, 

which collectively comprise what are 

also known as Phase 1 and Phase 2 of 

the near-road NO2 network, 

respectively. This action also does not 

modify the existing requirements for 

area-wide NO2 monitors or monitoring 

of NO2 in areas with susceptible and 

vulnerable populations. The EPA 

requests comment on these proposed 

changes to the minimum monitoring 

requirements of near-road NO2

monitors. 

III. 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. The proposed revisions do not add 

any information collection requirements 

beyond those imposed by the existing 

NO2 monitoring requirements. 

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. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This action 

proposes to remove a sub-set of the 


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30228 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules 

current air monitoring requirements 

and, therefore, remove the requirement 

for the state and local air monitoring 

agencies to provide evidence of 

compliance with the NO2 NAAQS in the 

near-road environment in CBSAs with 

less than 1,000,000 persons. We have, 

therefore, concluded that this action 

will relieve regulatory burden for all 

directly regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. This 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. This action proposes 

to reduce the number of required nearroad NO2 monitors to be operated by 

state and local air monitoring agencies. 

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. In the spirit of 

Executive Order 13132, and consistent 

with the EPA policy to promote 

communications between the EPA and 

state and local governments, the EPA 

specifically solicits comment on this 

proposed rule from state and local 

officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This proposed rule 

imposes no requirements on tribal 

governments. Thus, Executive Order 

13175 does not apply to this action. In 

the spirit of Executive order 13175, the 

EPA specifically solicits additional 

comment on this proposed action from 

tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets EO 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 concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations 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) 

This action does not involve technical 

standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. The results of the network 

and data evaluation are contained in the 

Near-road NO2 Network and Data 

Analysis docket memo, which provides 

a review and analysis of the 

characteristics of the existing near-road 

NO2 monitoring network and the 

relationships between NO2 emissions, 

population, traffic, and NO2

concentration data. Further, this rule 

does not modify the existing 

requirements for near-road monitors 

required in CBSAs having 1,000,000 or 

more persons, area-wide NO2 monitors, 

or monitoring of NO2 in areas with 

susceptible and vulnerable populations. 

List of Subjects 

40 CFR Part 58 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations. 

Dated: May 5, 2016. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend 40 CFR part 

58 as follows: 

PART 58—AMBIENT AIR QUALITY 

SURVEILLANCE 

■ 1. The authority citation for part 58 

continues to read as follows: 

Authority: 42 U.S.C. 7403, 7405, 7410, 

7414, 7601, 7611, 7614, and 7619. 

■ 2. Amend § 58.10 by revising 

paragraph (a)(5)(iv) and removing 

paragraph (a)(5)(v) to read as follows: 

§ 58.10 Annual monitoring network plan 

and periodic network assessment. 

(a) * * * 

(5) * * * 

(iv) A plan for establishing a second 

near-road NO2 monitor in any CBSA 

with a population of 2,500,000 persons 

or more, or in any CBSA with a 

population of 1,000,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater AADT counts, in 

accordance with the requirements of 

Appendix D, section 4.3.2 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2014. 

The plan shall provide for these 

required monitors to be operational by 

January 1, 2015. 

* * * * * 

■ 3. Amend § 58.13 by revising 

paragraph (c)(4) and removing 

paragraph (c)(5) to read as follows: 

§ 58.13 Monitoring network completion. 

* * * * * 

(c) * * * 

(4) January 1, 2015, for a second nearroad NO2 monitor in CBSAs that have 

a population of 2,500,000 or more 

persons or a second monitor in any 

CBSA with a population of 1,000,000 or 

more persons that has one or more 

roadway segments with 250,000 or 

greater AADT counts that is required in 

Appendix D, section 4.3.2 to this part. 

* * * * * 

4. Appendix D to Part 58 is amended 

by revising section 4.3.2 to read as 

follows: 

Appendix D to Part 58—Network 

Design Criteria for Ambient Air Quality 

Monitoring 

* * * * * 

4.3.2 Requirement for Near-Road NO2

Monitors 

(a) Within the NO2 network, there must be 

one microscale near-road NO2 monitoring 

station in each CBSA with a population of 

1,000,000 or more persons to monitor a 

location of expected maximum hourly 

concentrations sited near a major road with 

high AADT counts as specified in paragraph 

4.3.2(a)(1) of this appendix. An additional 

near-road NO2 monitoring station is required 

for any CBSA with a population of 2,500,000 

persons or more, or in any CBSA with a 

population of 1,000,000 or more persons that 

has one or more roadway segments with 

250,000 or greater AADT counts to monitor 

a second location of expected maximum 

hourly concentrations. CBSA populations 

shall be based on the latest available census 

figures. 

(1) The near-road NO2 monitoring sites 

shall be selected by ranking all road segments 

within a CBSA by AADT and then 

identifying a location or locations adjacent to 

those highest ranked road segments, 

considering fleet mix, roadway design, 


Lhorne on DSK30JT082PROD with PROPOSALS
Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules 30229 

congestion patterns, terrain, and 

meteorology, where maximum hourly NO2

concentrations are expected to occur and 

siting criteria can be met in accordance with 

appendix E of this part. Where a state or local 

air monitoring agency identifies multiple 

acceptable candidate sites where maximum 

hourly NO2 concentrations are expected to 

occur, the monitoring agency shall consider 

the potential for population exposure in the 

criteria utilized to select the final site 

location. Where one CBSA is required to 

have two near-road NO2 monitoring stations, 

the sites shall be differentiated from each 

other by one or more of the following factors: 

Fleet mix; congestion patterns; terrain; 

geographic area within the CBSA; or different 

route, interstate, or freeway designation. 

(b) Measurements at required near-road 

NO2 monitor sites utilizing 

chemiluminescence FRMs must include at a 

minimum: NO, NO2, and NOX. 

* * * * * 

[FR Doc. 2016–11507 Filed 5–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 218 

[Docket No. FRA–2014–0033, Notice No. 2] 

RIN 2130–AC48 

Train Crew Staffing 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Proposed rulemaking; extension 

of comment period. 

SUMMARY: On March 15, 2016, FRA 

published a Notice of Proposed 

Rulemaking (NPRM) that would require 

establishing minimum requirements for 

the size of train crew staffs depending 

on the type of operation. FRA is 

announcing an extension to the 

comment period and that it will 

schedule a public hearing in a future 

notice to provide interested persons an 

opportunity to comment on the proposal 

and to discuss further development of 

the regulation. When FRA schedules the 

public hearing in a future notice, it will 

also reopen the comment period for this 

proceeding to allow additional time for 

interested parties to submit written 

comments in response to views or 

information provided at the public 

hearing. 

DATES: (1) Written Comments: FRA must 

receive written comments on the 

proposed rule by June 15, 2016. FRA 

may consider comments received after 

that date if possible without incurring 

additional expense or delay. 

(2) FRA received a timely request for 

a public hearing and will publish a 

supplemental notice in the Federal 

Register to inform interested parties of 

the date, time, and location of that 

hearing when it is scheduled. When 

FRA issues the supplemental notice, it 

will also reopen the comment period for 

this proceeding to allow additional time 

for interested parties to submit written 

comments in response to views or 

information provided at the public 

hearing. 

ADDRESSES: You may submit comments 

identified by the docket number FRA– 

2014–0033 by any of the following 

methods: 

• Online: Comments should be filed 

at the Federal eRulemaking Portal, 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: Room W12–140 on 

the Ground level of the West Building, 

1200 New Jersey Avenue SE., 

Washington, DC 20590 between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Instructions: All submissions must 

include the agency name, docket name, 

and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking (RIN 2130–AC48). Note that 

FRA will post all comments received 

without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading in the 

‘‘Supplementary Information’’ section of 

this document for Privacy Act 

information about any submitted 

petitions, comments, or materials. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov at any time or to 

the U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Joseph D. Riley, Railroad Safety 

Specialist (OP)-Operating Crew 

Certification, U.S. Department of 

Transportation, Federal Railroad 

Administration, Mail Stop–25, Room 

W33–412, 1200 New Jersey Avenue SE., 

Washington, DC 20590, (202) 493–6318, 

or Alan H. Nagler, Senior Trial 

Attorney, U.S. Department of 

Transportation, Federal Railroad 

Administration, Office of Chief Counsel, 

RCC–10, Mail Stop 10, West Building 

3rd Floor, Room W31–309, 1200 New 

Jersey Avenue SE., Washington, DC 

20590, (202) 493–6038). 

SUPPLEMENTARY INFORMATION: 

Privacy Act 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

See http://www.regulations.gov/

#!privacyNotice for the privacy notice of 

regulations.gov or interested parties may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477). In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Issued in Washington, DC, on May 11, 

2016, under the authority set forth in 49 CFR 

1.89(b). 

Sarah E. Feinberg, 

Administrator. 

[FR Doc. 2016–11491 Filed 5–13–16; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORATION 

Surface Transportation Board 

49 CFR Parts 1108 and 1115 

[Docket No. EP 730] 

Revisions to Arbitration Procedures 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Surface Transportation 

Board (Board or STB) is proposing to 

amend its arbitration procedures to 

conform to the requirements of the 

Surface Transportation Board 

Reauthorization Act of 2015. 

DATES: Comments are due by June 13, 

2016. Replies are due by July 1, 2016. 

ADDRESSES: Comments on this proposal 

may be submitted either via the Board’s 

e-filing format or in the traditional 

paper format. Any person using e-filing 

should attach a document and otherwise 

comply with the instructions at the E– 

FILING link on the Board’s Web site, at 


Lhorne on DSK30JT082PROD with PROPOSALS