Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 2001 

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. 

5See ‘‘Air Pollution Control; Preemption of State 

Regulation for Nonroad Engine and Vehicle 

Standards,’’ 59 FR 36969 (July 20, 1994). 

6See ‘‘Control of Air Pollution: Emission 

Standards for New Nonroad Compression-Ignition 

Engines at or Above 37 Kilowatts; Preemption of 

State Regulation for Nonroad Engine and Vehicle 

Standards; Amendments to Rules,’’ 62 FR 67733 

(December 30, 1997). The applicable regulations are 

now found in 40 CFR part 1074, subpart B, Part 

1074. 

7EPA has interpreted section 209(b)(1)(C) in the 

context of section 209(b) motor vehicle waivers. 

nonroad engines (including ‘‘non-new’’ 

engines), states generally are preempted 

from adopting and enforcing standards 

and other requirements relating to the 

control of emissions, except that section 

209(e)(2)(A) 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 enumerated 

findings. Specifically, EPA must deny 

authorization if the Administrator finds 

that (1) California’s protectiveness 

determination (i.e., that California 

standards will be, in the aggregate, as 

protective of public health and welfare 

as applicable federal standards) is 

arbitrary and capricious, (2) California 

does not need such standards to meet 

compelling and extraordinary 

conditions, or (3) the California 

standards and accompanying 

enforcement procedures are not 

consistent with section 209 of the Act. 

On July 20, 1994, EPA promulgated a 

rule (the 1994 rule) interpreting the 

three criteria set forth in CAA section 

209(e)(2)(A) that EPA must consider 

before granting any California 

authorization request for nonroad 

engine or vehicle emission standards.5

EPA revised these regulations in 1997.6

As stated in the preamble to the 1994 

rule, EPA has interpreted the 

consistency inquiry under the third 

criterion, outlined above and set forth in 

section 209(e)(2)(A)(iii), 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) of the Act.7 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 under section 209(b)(1)(C). 

That section provides that the 

Administrator shall not grant California 

a motor vehicle waiver if the 

Administrator finds that California 

‘‘standards and accompanying 

enforcement procedures are not 

consistent with section 202(a)’’ of the 

Act. 

CARB determined that the 2022 TRU 

Amendments and accompanying 

enforcement procedures do not cause 

California’s standards, in the aggregate, 

to be less protective to public health and 

welfare than the applicable Federal 

standards. The administrative record, 

including information presented to me 

by parties opposing California’s 

authorization request, did not 

demonstrate that California arbitrarily or 

capriciously reached this protectiveness 

determination. Therefore, based on the 

record, I cannot find California’s 

determination to be arbitrary and 

capricious under section 209(e)(2)(A)(i). 

CARB has demonstrated the existence 

of compelling and extraordinary 

conditions justifying the need for such 

State standards. The administrative 

record, including information presented 

to me by parties opposing California’s 

authorization request, did not 

demonstrate that California does not 

need such State standards to meet 

compelling and extraordinary 

conditions. Thus, based on the record, 

I cannot deny the authorization based 

on section 209(e)(2)(A)(ii). 

CARB has submitted information that 

the 2022 TRU Amendments and test 

procedures are consistent with section 

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

209(b)(1)(C) of the Act. The 

administrative record, including 

information presented to me by parties 

opposing California’s authorization 

request, did not satisfy the burden of 

persuading EPA that the standards that 

EPA is authorizing are not consistent 

with section 209. Thus, based on the 

record, I cannot deny the authorization 

based on section 209(e)(2)(A)(iii). 

EPA is not acting at this time on 

CARB’s ZETRU requirements for the 

turnover of at least 15 percent of their 

diesel-fueled truck TRU fleet to ZETRU 

by December 31, 2023, (and each year 

thereafter.) 

Accordingly, I hereby granted the 

authorization requested by California, 

with the exception noted above. 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. Petitions for review must be filed 

by March 11, 2025. 

As with past authorization decisions, 

this action is not a rule as defined by 

Executive Order 12866. Therefore, it is 

exempt from review by the Office of 

Management and Budget as required for 

rules and regulations by Executive 

Order 12866. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

Jane Nishida, 

Acting Administrator. 

[FR Doc. 2025–00253 Filed 1–8–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL OP–OFA–161] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information 202– 

564–5632 or https://www.epa.gov/nepa. 

Weekly receipt of Environmental Impact 

Statements (EIS) 

Filed December 27, 2024 10 a.m. EST 

Through January 6, 2025 10 a.m. EST 

Pursuant to 40 CFR 1506.9. 

Notice: Section 309(a) of the Clean Air 

Act requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: https://

cdxapps.epa.gov/cdx-enepa-II/public/ 

action/eis/search. 

EIS No. 20250000, Final, NMFS, MA, 

ADOPTION—SouthCoast Wind 

Project, Contact: Karolyn Lock 301– 

427–8401. 

The National Marine Fisheries Service 

(NMFS) has adopted the Bureau of 

Ocean Energy Management’s Final EIS 

No. 20240213 filed 11/08/2024 with the 

Environmental Protection Agency. The 

NMFS was a cooperating agency on this 

project. Therefore, republication of the 

document is not necessary under 

Section 1506.3(b)(2) of the CEQ 

regulations. 

EIS No. 20250001, Final, NMFS, MD, 

ADOPTION—Maryland Offshore 

Wind, Contact: Karolyn Lock 301– 

427–8401. 


khammond on DSK9W7S144PROD with NOTICES
2002 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

The National Marine Fisheries Service 

(NMFS) has adopted the Bureau of 

Ocean Energy Management’s Final EIS 

No. 20240137 filed 07/26/2024 with the 

Environmental Protection Agency. The 

NMFS was a cooperating agency on this 

project. Therefore, republication of the 

document is not necessary under 

Section 1506.3(b)(2) of the CEQ 

regulations. 

EIS No. 20250002, Draft, FHWA, HI, 

Honoapi’ilani Highway Improvements 

Project, Comment Period Ends: 02/24/ 

2025, Contact: Paul La Farga 808– 

541–2704. 

EIS No. 20250003, Final, DHS, IBWC, 

GSA, TX, Proposed Modernization of 

the Bridge of the Americas Land Port 

of Entry in El Paso Texas, Review 

Period Ends: 02/10/2025, Contact: 

Karla R. Carmichael 817–996–9475. 

EIS No. 20250004, Draft, USACE, MD, 

Sparrows Point Container Terminal, 

Comment Period Ends: 03/21/2025, 

Contact: Maria N. Teresi 410–962– 

4252. 

EIS No. 20250005, Draft, BLM, OR, 

Bridge Creek Area Allotment 

Management Plans, Comment Period 

Ends: 02/24/2025, Contact: Don Rotell 

541–573–4400. 

EIS No. 20250006, Final, USFWS, OR, 

Elliott State Research Forest Habitat 

Conservation Plan, Review Period 

Ends: 02/10/2025, Contact: Shauna 

Everett 503–231–6949. 

EIS No. 20250007, Final, USFS, ID, 

Land Management Plan for the Nez 

Perce-Clearwater National Forests, 

Review Period Ends: 02/10/2025, 

Contact: Sara Daugherty 208–963– 

4206. 

EIS No. 20250008, Draft, BLM, AZ, 

Ranegras Plains Energy Center Project, 

Comment Period Ends: 02/24/2025, 

Contact: Derek Eysenbach 602–417– 

9505. 

EIS No. 20250009, Draft, NNSA, NM, 

Draft Site-Wide Environmental Impact 

Statement for Continued Operation of 

Los Alamos National Laboratory, 

Comment Period Ends: 03/11/2025, 

Contact: Stephen Hoffman 505–665– 

8980. 

EIS No. 20250010, Draft, FTA, TX, 

Austin Light Rail Phase 1 Project, 

Comment Period Ends: 03/11/2025, 

Contact: Terence Plaskon 817–978– 

0573. 

EIS No. 20250011, Final, TVA, MS, New 

Caledonia Gas Plant Project, Review 

Period Ends: 02/10/2025, Contact: 

Erica McLamb 423–751–8022. 

EIS No. 20250012, Final, OSM, MT, 

Spring Creek Mine, Review Period 

Ends: 02/10/2025, Contact: Marcelo 

Calle 303–236–2929. 

Amended Notice: 

EIS No. 20240148, Draft, APHIS, PRO, 

Outbreak Response Activities for 

Highly Pathogenic Avian Influenza 

Outbreaks in Poultry in the United 

States and U.S. Territories, Comment 

Period Ends: 01/17/2025, Contact: 

Chelsea Bare 515–337–6128. 

Revision to FR Notice published 08/ 

16/2024; APHIS has reopened the 

comment period to end on 01/17/2025. 

Dated: January 6, 2025. 

Mark Austin, 

Acting Director, NEPA Compliance Division, 

Office of Federal Activities. 

[FR Doc. 2025–00363 Filed 1–8–25; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[Docket No. CDC–2025–0003] 

Meeting of the Advisory Committee on 

Immunization Practices 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of meeting and request 

for comment. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, the 

Centers for Disease Control and 

Prevention (CDC) announces the 

following meeting of the Advisory 

Committee on Immunization Practices 

(ACIP). This meeting is open to the 

public. Time will be available for public 

comment. 

DATES: The meeting will be held on 

February 26, 2025, from 8 a.m. to 5:10 

p.m., EST, February 27, 2025, from 8 

a.m. to 5 p.m., EST, and February 28, 

2025, from 8 a.m. to 11:25 a.m., EST 

(times subject to change; see the ACIP 

website for updates: https://

www.cdc.gov/acip). 

Written comments must be received 

between February 3–17, 2025. 

ADDRESSES: You may submit comments, 

identified by Docket No. CDC–2025– 

0003, by either of the methods listed 

below. CDC does not accept comments 

by email. 

• Federal eRulemaking Portal: 

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

instructions for submitting comments. 

• Mail: Ms. Stephanie Thomas, ACIP 

Meeting, Centers for Disease Control 

and Prevention, 1600 Clifton Road NE, 

Mailstop H24–8, Atlanta, Georgia 

30329–4027. Attn: Docket No. CDC– 

2025–0003. 

Instructions: All submissions received 

must include the Agency name and 

docket number. All relevant comments 

received in conformance with the 

https://www.regulations.gov suitability 

policy will be posted without change to 

https://www.regulations.gov, including 

any personal information provided. For 

access to the docket to read background 

documents or comments received, go to 

https://www.regulations.gov. 

The meeting will be webcast live via 

the World Wide Web. The webcast link 

can be found on the ACIP website at 

https://www.cdc.gov/acip. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Thomas, Committee 

Management Specialist, Advisory 

Committee on Immunization Practices, 

National Center for Immunization and 

Respiratory Diseases, Centers for 

Disease Control and Prevention, 1600 

Clifton Road NE, Mailstop H24–8, 

Atlanta, Georgia 30329–4027. 

Telephone: (404) 639–8836; Email: 

ACIP@cdc.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose: The Advisory Committee on 

Immunization Practices (ACIP) is 

charged with advising the Director, 

Centers for Disease Control and 

Prevention (CDC), on the use of 

immunizing agents. In addition, under 

42 U.S.C. 1396s, the Committee is 

mandated to establish and periodically 

review and, as appropriate, revise the 

list of vaccines for administration to 

vaccine-eligible children through the 

Vaccines for Children program, along 

with schedules regarding dosing 

interval, dosage, and contraindications 

to administration of vaccines. Further, 

under applicable provisions of the 

Affordable Care Act and section 2713 of 

the Public Health Service Act, 

immunization recommendations of 

ACIP that have been approved by the 

Director, CDC, and appear on CDC 

immunization schedules generally must 

be covered by applicable health plans. 

Matters to be Considered: The agenda 

will include discussions on 

chikungunya vaccines, COVID–19 

vaccines, cytomegalovirus (CMV) 

vaccine, Human papillomavirus (HPV) 

vaccines, influenza vaccines, 

meningococcal vaccines, mpox 

vaccines, pneumococcal vaccines, 

Respiratory Syncytial Virus (RSV) 

vaccines for adults, RSV vaccines for 

maternal and pediatric populations, and 

Lyme disease. Recommendation votes 

are scheduled for meningococcal 

vaccines, chikungunya vaccines, 

influenza vaccines, and RSV vaccines 

for adults. Vaccines for Children (VFC) 

votes are scheduled for influenza and 

meningococcal vaccines. Agenda items 


khammond on DSK9W7S144PROD with NOTICES