Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 45547 

www.environment.fhwa.dot.gov/4f/ 

4fnationwideevals.asp. 

* * * * * 

■ 21. Amend § 774.13 by revising 

paragraph (a) to read as follows: 

§ 774.13 Exceptions. 

* * * * * 

(a) The use of historic transportation 

facilities in certain circumstances: 

(1) Common post-1945 concrete or 

steel bridges and culverts that are 

exempt from individual review under 

54 U.S.C. 306108. 

(2) Improvement of railroad or rail 

transit lines that are in use or were 

historically used for the transportation 

of goods or passengers, including, but 

not limited to, maintenance, 

preservation, rehabilitation, operation, 

modernization, reconstruction, and 

replacement of elements of such 

railroad or rail transit lines except for: 

(i) Stations; 

(ii) Bridges or tunnels on railroad 

lines that have been abandoned or 

transit lines not in use over which 

regular service has never operated, and 

that have not been railbanked or 

otherwise reserved for the 

transportation of goods or passengers; 

and 

(iii) Historic sites unrelated to the 

railroad or rail transit lines. 

(3) Restoration, rehabilitation, or 

maintenance of other types of historic 

transportation facilities, if the 

Administration concludes, as a result of 

the consultation under 36 CFR 800.5, 

that: 

(i) Such work will not adversely affect 

the historic qualities of the facility that 

caused it to be on or eligible for the 

National Register; and 

(ii) The official(s) with jurisdiction 

over the Section 4(f) resource have not 

objected to the Administration 

conclusion in paragraph (a)(3)(i) of this 

section. 

* * * * * 

■ 22. Amend § 774.15 by revising 

paragraph (f)(2) to read as follows: 

§ 774.15 Constructive use determinations. 

* * * * * 

(f) * * * 

(2) For projected noise levels: 

(i) The impact of projected traffic 

noise levels of the proposed highway 

project on a noise-sensitive activity do 

not exceed the FHWA noise abatement 

criteria as contained in Table 1 in part 

772 of this chapter; or 

(ii) The projected operational noise 

levels of the proposed transit or railroad 

project do not exceed the noise impact 

criteria for a Section 4(f) activity in the 

FTA guidelines for transit noise and 

vibration impact assessment or the 

moderate impact criteria in the FRA 

guidelines for high-speed transportation 

noise and vibration impact assessment; 

* * * * * 

■ 23. Amend § 774.17 by revising the 

definitions for ‘‘Administration’’ and 

‘‘CE’’ to read as follows: 

§ 774.17 Definitions. 

* * * * * 

Administration. The FHWA, FRA, or 

FTA, whichever is approving the 

transportation program or project at 

issue. A reference herein to the 

Administration means the State when 

the State is functioning as the FHWA, 

FRA, or FTA in carrying out 

responsibilities delegated or assigned to 

the State in accordance with 23 U.S.C. 

325, 326, 327, or other applicable law. 

* * * * * 

CE. Refers to a Categorical Exclusion, 

which is an action with no individual 

or cumulative significant environmental 

effect pursuant to 40 CFR 1508.4 and 

§ 771.116, § 771.117, or § 771.118 of this 

chapter; unusual circumstances are 

taken into account in making categorical 

exclusion determinations. 

* * * * * 

Title 49—Transportation 

PART 264—ENVIRONMENTAL IMPACT 

AND RELATED PROCEDURES 

■ 24. Revise the authority citation for 

part 264 to read as follows: 

Authority: 42 U.S.C. 4321 et seq.; 49 

U.S.C. 303; 23 U.S.C. 139; 40 CFR parts 1500 

through 1508; 49 CFR 1.81; Pub. L. 112–141, 

126 Stat. 405, Section 1319; and Pub. L. 114– 

94, 129 Stat. 1312, Sections 1432 and 11502. 

■ 25. Revise the heading for part 264 to 

read as set forth above. 

■ 26. Revise § 264.101 to read as 

follows: 

§ 264.101 Procedures for complying with 

the surface transportation project delivery 

program application requirements and 

termination. 

The procedures for complying with 

the National Environmental Policy Act 

of 1969, as amended (42 U.S.C. 4321 et 

seq.), and related statutes, regulations, 

and orders are set forth in part 771 of 

title 23 of the Code of Federal 

Regulations. The procedures for 

complying with 49 U.S.C. 303, 

commonly known as ‘‘Section 4(f),’’ are 

set forth in part 774 of title 23 of the 

Code of Federal Regulations. The 

procedures for complying with the 

surface transportation project delivery 

program application requirements and 

termination are set forth in part 773 of 

title 23 of the Code of Federal 

Regulations. 

PART 622—ENVIRONMENTAL IMPACT 

AND RELATED PROCEDURES 

■ 27. Revise authority citation for part 

622 to read as follows: 

Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 

303 and 5323(q); 23 U.S.C. 139 and 326; Pub. 

L. 109–59, 119 Stat. 1144, Sections 6002 and 

6010; 40 CFR parts 1500–1508; 49 CFR 1.81; 

Pub. L. 112–141, 126 Stat. 405, Sections 

1315, 1316, 1317, 1318, and 1319; and Pub. 

L. 114–94, 129 Stat. 1312, Sections 1314 and 

1432. 

[FR Doc. 2017–20565 Filed 9–27–17; 11:15 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0398; FRL–9968–50– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Nonattainment New Source 

Review Requirements for the 2008 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

state implementation plan (SIP) revision 

submitted by the Maryland Department 

of the Environment (MDE) on behalf of 

the State of Maryland in response to 

EPA’s February 3, 2017 Findings of 

Failure to Submit for various 

requirements relating to the 2008 8-hour 

ozone national ambient air quality 

standards (NAAQS). This SIP revision is 

specific to nonattainment new source 

review (NNSR) requirements. In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed description of the 

state submittal and EPA’s evaluation is 

included in a technical support 

document (TSD) prepared in support of 

this rulemaking action. A copy of the 

TSD is available, upon request, from the 

EPA Regional Office listed in the 

ADDRESSES section of this document or 

is also available electronically within 

the Docket for this rulemaking action. If 

no adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
45548 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 

1See 77 FR 9239 (February 16, 2012). 

2See 81 FR 39423, 39443 (June 16, 2016). 

3CARB uses the term ROG to refer to a class of 

VOCs that are sufficiently reactive with sources of 

oxygen molecules such as NOX, and carbon 

monoxide (CO) in the atmosphere in the presence 

of sunlight. In contrast, the EPA uses the term 

VOCs, but exempts certain VOCs that are nonreactive or of negligible reactivity in our 

regulations. See 40 CFR 51.100(s). 

4See California Air Resources Board, Staff Report, 

‘‘Initial Statement of Reasons: Notice of Public 

Hearing to Consider Requirements to Reduce Idling 

Emissions from New and In-Use Trucks, Beginning 

in 2008,’’ September 1, 2005, at page 7. 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by October 30, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0398 at http://

www.regulations.gov, or via email to 

aquino.marcos@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. 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: Mrs. 

Amy Johansen, (215) 814–2156, or by 

email at johansen.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: September 14, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2017–20837 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0383; FRL–9968–31– 

Region 9] 

Approval of California Air Plan 

Revisions; Anti-Idling Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the California State 

Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs), oxides of 

nitrogen (NOX) and particulate matter 

(PM) from the idling of diesel-powered 

trucks. We are proposing to approve 

portions of a state rule to regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

October 30, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0383 at https://

www.regulations.gov, or via email to 

Jeffrey Buss, Rulemaking Office at 

Buss.Jeffrey@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited 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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, (415) 947– 

4152, buss.jeffrey@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 rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

This proposal addresses subsections 

(c)(1)(A) and (c)(1)(B) of Title 13 

California Code of Regulations (CCR) 

Section 2485, ‘‘Airborne Toxic Control 

Measure to Limit Diesel-Fueled 

Commercial Motor Vehicle Idling’’ 

(collectively, ‘‘Idling Restrictions’’). The 

California Air Resources Board (CARB) 

adopted Section 2485 on September 1, 

2006, and submitted the Idling 

Restrictions and other portions of 

Section 2485 to the EPA on December 

9, 2011. On May 9, 2012, this submittal 

was deemed by operation of law to meet 

the completeness criteria in 40 CFR part 

51 Appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of this rule? 

There are no previous versions of the 

Idling Restrictions. However, other 

portions of 13 CCR 2485 were subject to 

a CAA section 209 waiver requirement,1

and were previously approved into the 

California SIP.2

C. What is the purpose of the submitted 

rule? 

The Idling Restrictions were adopted 

to reduce emissions of NOX, reactive 

organic gases 3 (ROG) and PM.4 NOX

and VOCs help produce ground-level 

ozone, smog and PM, which harm 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS