50412 Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices 

http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, call toll-free 1–866–208– 

3676 or email FERCOnlineSupport@

ferc.gov. For TTY, call (202) 502–8659. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments and Protests—Anyone 

may submit comments or protests in 

accordance with the requirements of 

Rules of Practice and Procedure, 18 CFR 

385.210 and 385.211. In determining the 

appropriate action to take, the 

Commission will consider all protests 

filed. Any protests must be received on 

or before the specified deadline date for 

the particular proceeding. 

o. Filing and Service of Responsive 

Documents—Any filing must (1) bear in 

all capital letters the title ‘‘COMMENTS 

or ‘‘PROTEST,’’ as applicable; (2) set 

forth in the heading the project number 

of the proceeding to which the filing 

responds; (3) furnish the name, address, 

and telephone number of the person 

commenting or protesting; and (4) 

otherwise comply with the requirements 

of 18 CFR 385.2001 through 385.2005. 

All comments or protests must set forth 

their evidentiary basis and otherwise 

comply with the requirements of 18 CFR 

4.34(b). All comments or protests 

should relate to project works which are 

the subject of the termination of 

exemption. A copy of any protest must 

be served upon each representative of 

the exemptee specified in item g above. 

A copy of all other filings in reference 

to this notice must be accompanied by 

proof of service on all persons listed in 

the service list prepared by the 

Commission in this proceeding, in 

accordance with 18 CFR 4.34(b) and 

385.2010. 

p. Agency Comments—Federal, state, 

and local agencies are invited to file 

comments on the described proceeding. 

If any agency does not file comments 

within the time specified for filing 

comments, it will be presumed to have 

no comments. 

Dated: August 13, 2013. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2013–20161 Filed 8–16–13; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2013–0024; FRL 9900–21– 

OAR] 

California State Nonroad Engine 

Pollution Control Standards; 

Amendments to Spark Ignition Marine 

Engine and Boat Regulations; Request 

for Authorization; Opportunity for 

Public Hearing and 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 adopted amendments to the 

California Spark Ignition Marine Engine 

and Boat Regulations (2008 Marine SI 

Amendments or 2008 Amendments). 

CARB requested EPA confirmation that 

some of the 2008 Amendments are 

within the scope of prior EPA 

authorizations or alternatively that EPA 

grant full authorization for those 

amendments. CARB also requested 

confirmation that additional 

amendments require and merit full 

authorization. This notice announces 

that EPA has tentatively scheduled a 

public hearing and is now accepting 

written comment on California’s request 

for authorization of the 2008 Marine SI 

Amendments. 

DATES: EPA has tentatively scheduled a 

public hearing concerning CARB’s 

request on September 16, 2013, at 9 a.m. 

EPA will hold a hearing only if any 

party notifies EPA by September 6, 

2013, of their request to present oral 

testimony. Parties wishing to present 

oral testimony at the public hearing 

must provide written notice by 

September 6, 2013 to Julian Davis at the 

email address noted below. If EPA 

receives a request for a public hearing, 

that hearing will be held at 1310 L 

Street NW., Washington, DC 20005. If 

EPA does not receive a request for a 

public hearing, EPA will not hold a 

hearing, and instead will consider 

CARB’s request based on written 

submissions to the docket. Any party 

may submit written comments until 

October 18, 2013. 

By September 10, 2013, any person 

who plans to attend the hearing may 

check the following Web page for an 

update, http://www.epa.gov/otaq/

cafr.htm, or may call Julian Davis at 

(734) 214–4029 to learn if a hearing will 

be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2013–0024, by one of the 

following methods: 

• On-Line at http://

www.regulations.gov/: Follow the OnLine instructions for submitting 

comments. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2013– 

0024. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2013– 

0024, U.S. Environmental Protection 

Agency, Mailcode: 6102T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Please include a total of two 

copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334,1301 Constitution 

Avenue NW., Washington, DC 20460. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

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 automatically 

be 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

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

EPA will make available for public 

inspection materials submitted by 

CARB, written comments received from 


TKELLEY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices 50413 

1 72 FR 14546 (March 28, 2007). 

2 76 FR 24872 (May 3, 2011). 

3 ‘‘Clean Air Act § 209(E) (2) Authorization 

Support Document Submitted By the California Air 

Resources Board, November 30, 2012,’’ at p. 1–20, 

EPA–HQ–OAR–2013–0024. 

4 Id. at p. 3. 

5 Id. 

6States are expressly preempted from adopting or 

attempting to enforce any standard or other 

requirement relating to the control of emissions 

from new nonroad engines which are used in 

construction equipment or vehicles or used in farm 

equipment or vehicles and which are smaller than 

175 horsepower. Such express preemption under 

section 209(e)(1) of the Act also applies to new 

locomotives or new engines used in locomotives. 

7 59 FR 36969 (July 20, 1994). 

8See 62 FR 67733 (December 30, 1997). The 

applicable regulations, now in 40 CFR part 1074, 

subpart B, § 1074.105, provide: 

(a) The Administrator will grant the authorization 

if California determines that its standards will be, 

in the aggregate, at least as protective of public 

health and welfare as otherwise applicable federal 

standards. 

(b) The authorization will not be granted if the 

Administrator finds that any of the following are 

true: 

(1) California’s determination is arbitrary and 

capricious. 

(2) California does not need such standards to 

meet compelling and extraordinary conditions. 

(3) The California standards and accompanying 

enforcement procedures are not consistent with 

section 209 of the Act. 

(c) In considering any request from California to 

authorize the state to adopt or enforce standards or 

other requirements relating to the control of 

emissions from new nonroad spark-ignition engines 

smaller than 50 horsepower, the Administrator will 

give appropriate consideration to safety factors 

(including the potential increased risk of burn or 

fire) associated with compliance with the California 

standard. 

any interested parties, and any 

testimony given at the public hearing. 

Materials relevant to this proceeding are 

contained in the Air and Radiation 

Docket and Information Center, 

maintained in Docket ID No. EPA–HQ– 

OAR–2013–0024. Publicly available 

docket materials can be accessed either 

electronically through http://

www.regulations.gov/ or in hard copy at 

the Air and Radiation Docket in the EPA 

Headquarters Library, EPA West 

Building, Room 3334, located at 1301 

Constitution Avenue NW., Washington, 

DC. The Public Reading Room is open 

to the public on all federal government 

work days from 8:30 a.m. to 4:30 p.m.; 

generally, it is open Monday through 

Friday, excluding holidays. The 

telephone number for the Reading Room 

is (202) 566–1744. The Air and 

Radiation Docket and Information 

Center’s Web site is http://www.epa.gov/ 

oar/docket.html. The electronic mail 

(email) address for the Air and 

Radiation Docket is: a-and-r-Docket@

epa.gov, the telephone number is (202) 

566–1742, and the fax number is (202) 

566–9744. An electronic version of the 

public docket is available through the 

federal government’s electronic public 

docket and comment system. You may 

access EPA dockets at http://

www.regulations.gov/. After opening the 

http://www.regulations.gov/ Web site, 

enter EPA–HQ–OAR–2013–0024 in the 

‘‘Enter Keyword or ID’’ fill-in box to 

view documents in the record. Although 

a part of the official docket, the public 

docket does not include Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

EPA’s Office of Transportation and 

Air Quality also maintains a Web page 

that contains general information about 

California waiver and authorization 

requests. The page can be accessed at 

http://www.epa.gov/otaq/cafr.htm. 

FOR FURTHER INFORMATION CONTACT: 

Julian M. Davis, Attorney-Advisor, 

Compliance Division, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105. Telephone: (734) 214–4029. Fax: 

(734) 214–4053. Email: davis.julian@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. California’s Marine Spark Ignition 

and Boat Regulations 

On March 28, 2007 EPA granted an 

authorization for California’s initial set 

of Marine Spark Ignition and Boat 

regulations.1 This authorization enabled 

CARB to enforce regulations applicable 

to outboard and personal watercraft 

engines and to enforce the first tier of 

regulations affecting inboard and stern 

drive engines. EPA authorized 

California’s second tier of inboard and 

sterndrive engine regulations in 2011.2

California refers to these regulations 

collectively as the ‘‘CARB Marine Spark 

Ignition Engine (‘‘Marine SI’’) 

regulations.’’ 

By letter dated November 30, 2012, 

CARB submitted to EPA an 

authorization request pursuant to 

section 209(e) of the Clean Air Act 

(‘‘CAA’’ or ‘‘the Act’’) for its 2008 

Marine SI Amendments.3 The 

amendments seek to address technical 

issues arising between 2006 and 2008; 

to make clarifications and correct cross 

referencing errors found in the original 

regulation; and to enhance alignment 

with other CARB and EPA regulations. 

CARB is requesting two types of 

authorization actions on the 2008 

Amendments. 

First, CARB requests confirmation 

that certain changes are within-thescope of the prior authorizations, or in 

the alternative, merit full authorization. 

The provisions for which CARB 

requests a within-the-scope 

determination include: Clarification of 

aftermarket exemption procedures; new 

environmental label options; new test 

cycle, emissions measurement, and 

assigned deterioration factor options for 

high performance engines; optional 

engine discontinuation allowances for 

sterndrive/inboard engines; compliance 

assistance changes; revised on-board 

diagnostic marine requirements; 

changes to replacement engine 

provisions; and modification of exhaust 

standards for high-performance 

sterndrive/inboard engines.4

Second, CARB requests full 

authorization to enforce other changes 

within the 2008 Amendments that 

revise standards or establish new 

requirements. The provisions for which 

CARB requests new authorization 

include: Revised total hydrocarbon 

emission standards; enhanced 

evaporative emission controls for high 

performance sterndrive/inboard 

engines; not-to-exceed limits; revised jet 

boat engine standards; and new carbon 

monoxide emission standards.5

II. Clean Air Act Nonroad Engine and 

Vehicle Authorizations 

A. Criteria for New Authorization 

Determinations 

Section 209(e)(1) of the Act 

permanently preempts any state, or 

political subdivision thereof, from 

adopting or attempting to enforce any 

standard or other requirement relating 

to the control of emissions for certain 

new nonroad engines or vehicles.6 For 

all other nonroad engines (including 

‘‘non-new’’ engines), states are 

preempted from adopting and enforcing 

standards and other requirements 

relating to the control of emissions, 

except that section 209(e)(2) of the Act 

requires EPA, after notice and 

opportunity for public hearing, to 

authorize California to adopt and 

enforce such regulations unless EPA 

makes one of three specifically 

enumerated findings. In addition, other 

states with attainment plans may adopt 

and enforce such regulations if the 

standards, implementation, 

enforcement, are identical to 

California’s. On July 20, 1994, EPA 

promulgated a rule that sets forth, 

among other things, regulations 

providing the criteria, as found in 

section 209(e)(2), which EPA must 

consider before granting any California 

authorization request for nonroad 

engine or vehicle emission standards.7

EPA revised these regulations in 1997.8


TKELLEY on DSK3SPTVN1PROD with NOTICES
50414 Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices 

9See 59 FR 36969 (July 20, 1994). 

As stated in the preamble to the 1994 

rule, EPA has historically interpreted 

the section 209(e)(2)(iii) ‘‘consistency’’ 

inquiry to require, at minimum, that 

California standards and enforcement 

procedures be consistent with section 

209(a), section 209(e)(1), and section 

209(b)(1)(C) (as EPA has interpreted that 

subsection in the context of section 

209(b) motor vehicle waivers).9

In order to be consistent with section 

209(a), California’s nonroad standards 

and enforcement procedures must not 

apply to new motor vehicles or new 

motor vehicle engines. To be consistent 

with section 209(e)(1), California’s 

nonroad standards and enforcement 

procedures must not attempt to regulate 

engine categories that are permanently 

preempted from state regulation. To 

determine consistency with section 

209(b)(1)(C), EPA typically reviews 

nonroad authorization requests under 

the same ‘‘consistency’’ criteria that are 

applied to motor vehicle waiver 

requests. Pursuant to section 

209(b)(1)(C), the Administrator shall not 

grant California a motor vehicle waiver 

if she finds that California ‘‘standards 

and accompanying enforcement 

procedures are not consistent with 

section 202(a)’’ of the Act. Previous 

decisions granting waivers and 

authorizations have noted that state 

standards and enforcement procedures 

are inconsistent with section 202(a) if: 

(1) There is inadequate lead time to 

permit the development of the necessary 

technology giving appropriate 

consideration to the cost of compliance 

within that time, or (2) the federal and 

state testing procedures impose 

inconsistent certification requirements. 

If California amends regulations that 

were previously granted an 

authorization, EPA can confirm that the 

amended regulations are within the 

scope of the previously granted 

authorization. Such within-the-scope 

amendments are permissible without a 

full authorization review if three 

conditions are met. First, the amended 

regulations must not undermine 

California’s determination that its 

standards, in the aggregate, are as 

protective of public health and welfare 

as applicable federal standards. Second, 

the amended regulations must not affect 

consistency with section 202(a) of the 

Act. Third, the amended regulations 

must not raise any ‘‘new issues’’ 

affecting EPA’s prior authorizations. 

III. EPA’s Request for Comments 

EPA invites public comment on 

CARB’s entire request, including but not 

limited to the following issues. 

A. 2008 Within-the-Scope or New 

Authorization 

First, we request comment on whether 

CARB’s 2008 Amendments, summarized 

in CARB’s November 2012 letter, each 

individually assessed, should be 

considered under the within-the-scope 

analysis or whether they should be 

considered under the full authorization 

criteria. Specifically, we request 

comment on whether California’s 2008 

Amendments (1) undermine California’s 

previous determination that its 

standards, in the aggregate, are at least 

as protective of public health and 

welfare as comparable Federal 

standards, (2) affect the consistency of 

California’s requirements with section 

209 of the Act, and (3) raise any other 

‘‘new issue’’ affecting EPA’s previous 

waiver or authorization determinations. 

In determining whether amendments 

can be viewed as within-the-scope of 

previous waivers, EPA does not evaluate 

how ‘‘significant’’ the changes to the 

regulations are, or whether cost or 

emission benefit projections have 

changed, but rather EPA evaluates 

whether CARB has either made minor 

technical amendments to previously 

waived regulations or whether the 

amendments can reasonably be viewed 

as modifying the regulations in order to 

provide manufacturers with additional 

compliance flexibilities or otherwise 

reduce the overall stringency of the 

requirements. 

Should any party believe that the 

2008 Amendments for which California 

requested within-the-scope 

authorization do not merit consideration 

as within-the-scope of the previous 

Marine SI authorization, EPA also 

requests comment on whether those 

amendments meet the criteria for full 

authorization. Specifically, we request 

comment on: (a) Whether CARB’s 

determination that its standards, in the 

aggregate, are at least as protective of 

public health and welfare as applicable 

federal standards is arbitrary and 

capricious, (b) whether California needs 

such standards to meet compelling and 

extraordinary conditions, and (c) 

whether California’s standards and 

accompanying enforcement procedures 

are consistent with section 209 of the 

Act. 

EPA similarly requests comment on 

whether the amendments for which 

CARB requested full authorization meet 

the criteria set forth above for making a 

new authorization determination. 

IV. Procedures for Public Participation 

If a hearing is held, the Agency will 

make a verbatim record of the 

proceedings. Interested parties may 

arrange with the reporter at the hearing 

to obtain a copy of the transcript at their 

own expense. Regardless of whether a 

public hearing is held, EPA will keep 

the record open until October 18, 2013. 

Upon expiration of the comment period, 

the Administrator will render a decision 

on CARB’s request based on the record 

from the public hearing, if any, all 

relevant written submissions, and other 

information that she deems pertinent. 

All information will be available for 

inspection at the EPA Air Docket No. 

EPA–HQ–OAR–2013–0024. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest extent possible 

and label it as ‘‘Confidential Business 

Information’’ (‘‘CBI’’). If a person 

making comments wants EPA to base its 

decision on a submission labeled as CBI, 

then a non-confidential version of the 

document that summarizes the key data 

or information should be submitted to 

the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the public 

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 according to 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 9, 2013. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. 2013–20153 Filed 8–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK 

[Public Notice: 2013–0040] 

Application for Final Commitment for a 

Long-Term Loan or Financial 

Guarantee in Excess of $100 million: 

AP086942XX 

AGENCY: Export-Import Bank of the 

United States. 

ACTION: Notice. 

SUMMARY: This Notice is to inform the 

public, in accordance with Section 

3(c)(10) of the Charter of the ExportImport Bank of the United States (‘‘ExIm Bank’’), that Ex-Im Bank has received 

an application for final commitment for 

a long-term loan or financial guarantee 


TKELLEY on DSK3SPTVN1PROD with NOTICES