Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules 65595 

on or after January 1, 2020. In the 

Department’s view, both requests are 

premature in the context of a decision 

whether to extend the public comment 

period on the proposals. It is not clear 

at this time that a public hearing will 

necessarily contribute to the decisionmaking process by clarifying one or 

more significant issues affecting the 

proposal, but the Agencies will be in a 

better position to evaluate that issue 

after receiving the public comments on 

the proposals. Similarly, the issue of the 

effective date of final form changes is 

better addressed in a final notice of form 

revisions after the Agencies have had 

the benefit of public input on the 

proposals and have decided upon the 

final form changes and regulatory 

amendments that will be adopted. 

The Internal Revenue Service and the 

Pension Benefit Guaranty Corporation 

have agreed to this extension of the 

comment period for purposes of 

portions of the Notice of Proposed 

Forms Revision that address annual 

reporting requirements under the 

Internal Revenue Code and Title IV of 

ERISA. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits, 

Security Administration, Department of 

Labor. 

[FR Doc. 2016–22989 Filed 9–22–16; 8:45 am] 

BILLING CODE 4510–29–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0305; FRL–9952–81– 

Region 9] 

Approval of California Air Plan 

Revisions, Ventura County Air 

Pollution Control District; Prevention 

of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Ventura County Air 

Pollution Control District (VCAPCD or 

District) portion of the California State 

Implementation Plan (SIP). The State of 

California (State) is required under the 

Clean Air Act (CAA or Act) to adopt and 

implement a SIP-approved Prevention 

of Significant Deterioration (PSD) 

permit program. These proposed SIP 

revisions would incorporate a PSD rule 

for the VCAPCD into the SIP to establish 

a PSD permit program for preconstruction review of certain new and 

modified major stationary sources in 

attainment and unclassifiable areas 

within the District. We are taking public 

comments on this proposal and plan to 

follow with a final action following 

consideration of the public comments 

received. 

DATES: Any comments must arrive by 

October 24, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0305 at http:// 

www.regulations.gov, or via email to 

R9airpermits@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: YaTing (Sheila) Tsai, EPA Region IX, (415) 

972–3328, Tsai.Ya-Ting@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 rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule actions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule 

actions? 

B. Do the rules meet the evaluation 

criteria? 

C. Transfer of Existing Permits Issued by 

the EPA and Program Implementation 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates on which 

they were revised or repealed by the 

local air agency and the dates of the 

corresponding SIP submittals to the EPA 

by the California Air Resources Board 

(CARB). Through these submittals, 

CARB is requesting revisions to the SIP 

to incorporate the PSD program for the 

VCAPCD into the SIP. The CARB’s 

submittal of March 11, 2016 requested 

the EPA’s approval of VCAPCD Rule 

26.13 into the SIP, and its submittal 

dated August 23, 2011 requested that 

the EPA remove VCAPCD Rule 26.10 

from the SIP. 

TABLE 1—SUBMITTED RULE ACTIONS

Rule No. Rule title Action Action date Submitted 

date 

26.10 ...... New Source Review—Prevention of Significant Deterioration ............................... Repealed ....... 6/28/2011 8/23/2011 

26.13 ...... New Source Review—Prevention of Significant Deterioration (PSD) .................... Revised .......... 11/10/2015 3/11/2016 

On April 19, 2016, the EPA 

determined that the March 11, 2016 

CARB submittal requesting approval of 

VCAPCD Rule 26.13 into the SIP met 

the completeness criteria in 40 CFR part 

51 Appendix V, which must be met 

before formal EPA review. On February 

23, 2012, the CARB submittal requesting 

the removal of VCAPCD Rule 26.10 from 

the SIP was deemed by operation of law 

to meet the completeness criteria in 40 

CFR part 51 Appendix V. 

B. Are there other versions of these 

rules? 

The EPA approved Rule 26.10, New 

Source Review—Prevention of 

Significant Deterioration into the 

VCAPCD portion of the California SIP 


rmajette on DSK2TPTVN1PROD with PROPOSALS
65596 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules 

on December 7, 2000 (65 FR 76567); 

however, the EPA’s approval of this rule 

was not an approval of a PSD program 

for the VCAPCD. Rather, VCAPCD Rule 

26.10 simply confirmed that new major 

sources and major modifications within 

the District must comply with the 

applicable requirements for federal PSD 

permitting in 40 CFR 52.21, and 

provided that any such source must 

obtain separate permits from the District 

and the EPA. 

On June 28, 2011, VCAPCD adopted 

Rule 26.13, New Source Review— 

Prevention of Significant Deterioration 

(PSD) with the intent to assume PSD 

permitting responsibility for sources 

located in Ventura County upon the 

EPA’s SIP approval of the rule. On the 

same date, the VCAPCD repealed local 

PSD Rule 26.10 for purposes of State 

and local law. In a letter dated August 

4, 2011, the VCAPCD submitted a 

request to CARB that Rule 26.13 be 

added to the Ventura County portion of 

the SIP and that Rule 26.10 be removed 

from the SIP. On August 23, 2011, 

CARB submitted a proposed SIP 

revision to the EPA requesting the 

approval of Rule 26.13 into the SIP and 

the removal of Rule 26.10 from the SIP. 

However, EPA staff subsequently 

determined that the version of Rule 

26.13 adopted by the District on June 

28, 2011 contained certain deficiencies 

and could benefit from clarifying 

changes, and notified the District about 

these deficiencies. To address these 

deficiencies, the VCAPCD adopted 

revisions to Rule 26.13 on November 10, 

2015, and CARB submitted the revised 

version of this rule to the EPA for SIP 

approval on March 11, 2016. 

Accordingly, the EPA’s proposed action 

addresses the current version of Rule 

26.13, as revised on November 10, 2015 

and submitted to the EPA on March 11, 

2016. If the EPA approves Rule 26.13, 

the EPA will add revised Rule 26.13 to 

the SIP and Rule 26.10 will be removed 

from the SIP. 

C. What is the purpose of the submitted 

rule actions? 

Section 110(a) of the CAA requires 

states to adopt and submit regulations 

for the implementation, maintenance 

and enforcement of the primary and 

secondary NAAQS. Specifically, 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

and 110(a)(2)(J) of the Act require such 

state plans to meet the applicable 

requirements of section 165 relating to 

a pre-construction permit program for 

the prevention of significant 

deterioration of air quality and visibility 

protection. VCAPCD Rule 26.13 is 

intended to implement a preconstruction PSD permit program as 

required by section 165 of the CAA for 

certain new and modified major 

stationary sources located in attainment 

and unclassifiable areas within the 

District. Because the State does not 

currently have a SIP-approved PSD 

program within the VCAPCD, the EPA 

is currently the PSD permitting 

authority within the VCAPCD, and 

implements the federal PSD program 

under 40 CFR 52.21, as Rule 26.10 

reiterates. Approval of VCAPCD Rule 

26.13 into the SIP, and removal of Rule 

26.10 from the SIP, will transfer PSD 

permitting authority from the EPA to the 

VCAPCD. The EPA would then assume 

the role of overseeing the VCAPCD’s 

PSD permitting program, as intended by 

the CAA. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule 

actions? 

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). Other relevant statutory and 

regulatory provisions for our review of 

the submitted rule include CAA section 

165 and section 51.166 of title 40 of the 

Code of Federal Regulations (40 CFR 

51.166). CAA section 165 requires states 

to adopt a pre-construction permitting 

program for certain new and modified 

major stationary sources located in 

attainment areas and unclassifiable 

areas. 40 CFR 51.166 establishes the 

specific requirements for SIP-approved 

PSD permit programs that must be met 

to satisfy the requirements of section 

165 of the CAA. 

B. Do the rules meet the evaluation 

criteria? 

With some exclusions and revisions, 

VCAPCD Rule 26.13, as submitted by 

the CARB in March 2016, incorporated 

by reference the EPA’s federal PSD 

program requirements at 40 CFR 52.21, 

as of September 1, 2015. We generally 

consider the EPA’s PSD permit program 

requirements at 40 CFR 52.21 to be 

consistent with the criteria for SIPapproved PSD permit programs in 40 

CFR 51.166. However, we conducted a 

review of VCAPCD Rule 26.13 to ensure 

that all requirements of 40 CFR 51.166 

were met by this District rule. Our 

detailed evaluation is available as an 

attachment to the technical support 

document (TSD) for this proposed 

rulemaking action. We also reviewed 

the revisions that the District made to 

the provisions of 40 CFR 52.21 that were 

incorporated by reference into the rule, 

such as revising certain terms and 

definitions to reflect that the District, 

rather than the EPA, will be the PSD 

permitting authority following SIP 

approval of the District’s PSD rule. We 

also determined that the removal of 

Rule 26.10 from the SIP would be 

appropriate concurrent with approval of 

Rule 26.13 into the SIP, because the 

applicable PSD requirements for federal 

PSD permitting in 40 CFR 52.21 

referenced in Rule 26.10 would no 

longer apply once the EPA approves 

VCAPCD’s Rule 26.13 into the SIP. 

Based on our review of Rule 26.13 and 

the underlying statutory and regulatory 

requirements governing this action, we 

are proposing to find the SIP revision 

for the District’s PSD rules acceptable 

under CAA sections 110(a), 110(l) and 

165 and 40 CFR 51.166. 

The EPA’s TSD for this rulemaking 

action has more information about Rule 

26.13, including our evaluation and 

recommendation to approve it into the 

SIP. 

C. Transfer of Existing Permits Issued by 

the EPA and Program Implementation 

The VCAPCD requested approval to 

exercise its authority to administer the 

PSD program with respect to those 

sources located in Ventura County that 

have existing PSD permits issued by the 

EPA. This would include authority to 

conduct general administration of these 

existing permits, authority to process 

and issue any and all subsequent PSD 

permit actions relating to such permits 

(e.g., modifications, amendments, or 

revisions of any nature), and authority 

to enforce such permits. 

Consistent with section 110(a)(2)(E)(i) 

of the Act, the SIP submittal and 

additional information provided by the 

District make clear that that VCAPCD 

has the authority under state statute and 

rule to administer the PSD permit 

program, including but not limited to 

the authority to administer, process and 

issue any and all permit decisions, and 

enforce PSD permit requirements within 

the District. This applies to PSD permits 

that the District will issue and to 

existing PSD permits issued by the EPA 

that are to be transferred to the District 

upon the effective date of the EPA’s 

approval of the PSD SIP submittal. 

We have also determined that the 

District has adequate personnel and 

funding to administer the PSD program. 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules 65597 

D. Public Comment and Proposed 

Action 

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

the Act, the EPA proposes to fully 

approve District Rule 26.13 into the 

Ventura County portion of the SIP 

because we believe it fulfills all relevant 

CAA requirements. We also propose to 

remove District Rule 26.10 from the SIP 

concurrent with our final approval of 

Rule 26.13, for the reasons discussed 

above. If we take final action to approve 

Rule 26.13, our final action will 

incorporate Rule 26.13 into the federally 

enforceable SIP and remove Rule 26.10 

from the SIP. 

We will accept comments from the 

public on this proposal until October 

24, 2016. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

VCAPCD Rule 26.13 as described in 

Table 1 of this notice. The EPA has 

made, and will continue to make, this 

document available electronically 

through www.regulations.gov and in 

hard copy at U.S. Environmental 

Protection Agency Region IX (AIR–3), 

75 Hawthorne Street, San Francisco, CA 

94105–3901. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, the EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve State law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: September 14, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–22883 Filed 9–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 90 

[WP Docket No. 16–261; RM–11719; RM– 

11722; FCC 16–110] 

Amendment To Improve Access to 

Private Land Mobile Radio Spectrum 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) proposes and 

seeks comment on proposals to revise 

the Commission’s rules governing 

private land mobile radio (PLMR) 

services, such as allowing 806–824/851– 

869 MHz (800 MHz) band incumbent 

licensees in a market a window in 

which to apply for Expansion Band and 

Guard Band frequencies before the 

frequencies are made available to 

applicants for new systems, extending 

conditional licensing authority to 

applicants for site-based licenses in the 

800 MHz and 896–901/935–940 MHz 

(900 MHz) bands, making available for 

PLMR use frequencies that are on the 

band edge between the Industrial/ 

Business (I/B) Pool and either General 

Mobile Radio Service (GMRS) or 

Broadcast Auxiliary Service (BAS) 

spectrum, making certain frequencies 

that are designated for central station 

alarm operations available for other 

PLMR uses, and accommodating certain 

railroad operations. 

DATES: Submit comments on or before 

November 22, 2016 and reply comments 

on or before December 22, 2016. 

ADDRESSES: You may submit comments, 

identified by WP Docket No. 16–261, by 

any of the following methods: 

• Federal Communications Commission’s 

Web site: http://fjallfoss.fcc.gov/ecfs2/. 

Follow the instructions for submitting 

comments. 

• Mail: Federal Communications 

Commission, 445 12th Street SW., 

Washington, DC 20554. 

• People with Disabilities: Contact the FCC 

to request reasonable accommodations 

(accessible format documents, sign language 

interpreters, CART, etc.) by email: FCC504@

fcc.gov or phone: 202–418–0530 or TTY: 

202–418–0432. 

FOR FURTHER INFORMATION CONTACT: 

Melvin Spann, Melvin.Spann@fcc.gov, 

Wireless Telecommunications Bureau, 

(202) 418–1333, or TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), adopted 

August 17, 2016, and released August 

18, 2016. The full text of this document 


rmajette on DSK2TPTVN1PROD with PROPOSALS