51178 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Chapters I, II, and III 

23 CFR Chapters I, II, and III 

46 CFR Chapter II 

48 CFR Chapter 12 

49 CFR Chapters I, II, III, V, VI, VII, VIII, 

X, and XI 

[Docket No. DOT–OST–2017–0069] 

Notification of Regulatory Review 

AGENCY: Office of the Secretary (OST); 

Department of Transportation (DOT). 

ACTION: Regulatory review; reopening of 

comment period. 

SUMMARY: The U.S. Department of 

Transportation (the Department or DOT) 

is reopening the comment period for its 

Notification of Regulatory Review for 30 

days. The comment period ends 

November 1, 2017. The reopened 

comment period will end December 1, 

2017. 

DATES: The comment period for the 

document published on October 2, 2017 

(82 FR 45750), is reopened. Responses 

should be filed by December 1, 2017. 

The Department will continue to check 

the docket for late filed responses after 

the comment period closes. 

ADDRESSES: You may file responses 

identified by the docket number DOT– 

OST–2017–0069 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE., between 9:00 

a.m. and 5:00 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2017–0069 at the beginning of 

your submission. All submissions 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all submissions 

received in any of our dockets by the 

name of the individual submitting the 

document (or signing the submission, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http://

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents and 

comments received, go to http://

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Moss, Assistant General 

Counsel for Regulation, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

202–366–4723 (phone), jonathan.moss@

dot.gov (email) or Barbara McCann, 

Director, Office of Policy Development, 

Strategic Planning and Performance, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, 202–366–8016 (phone), 

barbara.mccann@dot.gov (email). 

SUPPLEMENTARY INFORMATION: On 

October 2, 2017 the U.S. Department of 

Transportation (the Department or DOT) 

issued a Notification of Regulatory 

Review seeking comment from the 

public on existing rules and other 

agency actions that are good candidates 

for repeal, replacement, suspension, or 

modification. DOT provided a 30 day 

comment period for responses to that 

document. We have received requests 

for extension of the comment period, 

including one from the American Bus 

Association requesting a 90 day 

extension from the date of issuance of 

the document. The Owner-Operator 

Independent Drivers Association 

requested a 30 day extension from the 

initial close of the comment period and 

the Countryside Tank Company, NJP 

Engineering LLC, and Container 

Technology Incorporated requested an 

extension of 90 days from the initial 

close of the comment period. 

In response, the Department is 

reopening the comment period for its 

Notification of Regulatory Review for 30 

days. The comment period ends 

November 1, 2017. The reopened 

comment period will end December 1, 

2017. Additionally, DOT will continue 

to check the docket for late filed 

comments after the comment period 

closes. 

Issued this 30th day of October, 2017, in 

Washington, DC. 

James C. Owens, 

Acting General Counsel. 

[FR Doc. 2017–23964 Filed 11–2–17; 8:45 am] 

BILLING CODE 4910–9X–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0404; FRL–9970–32– 

Region 9] 

Approval of California Air Plan 

Revisions, Northern Sierra Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Northern Sierra Air 

Quality Management District 

(NSAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of 

particulate matter (PM) from wood 

burning devices. We are proposing to 

approve a local 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 

December 4, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0404 at http://

www.regulations.gov, or via email to 

Christine Vineyard, Rulemaking Office 

at Vineyard.Christine@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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Proposed Rules 51179 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

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. EPA Recommendations To Further 

Improve the Rule 

D. 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? 

Table 1 describes the ordinance 

addressed by this proposal with the date 

that it was adopted by the City of 

Portola. NSAQMD submitted the 

ordinance to the California Air 

Resources Board (CARB). CARB then 

submitted the ordinance to the EPA for 

approval into the NSAQMD’s portion of 

the California SIP on the date described 

below. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

NSAQMD, City of 

Portola.

Ordinance No. 344, Municipal Code Chapter 

15.10 (except paragraphs 15.10.060(B), 

15.10.090 and 15.10.100).

Wood Stove and Fireplace Ordinance.06/22/16 01/24/17 

On April 17, 2017, the EPA 

determined that the submittal for City of 

Portola Ordinance 344 met 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 

Ordinance 344 in the SIP. 

C. What is the purpose of the submitted 

rule? 

PM, including PM equal to or less 

than 2.5 microns in diameter (PM2.5) 

and PM equal to or less than 10 microns 

in diameter (PM10), contributes to effects 

that are harmful to human health and 

the environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

states to submit regulations that control 

PM emissions. Ordinance 344 controls 

PM emissions by establishing 

requirements for new and existing wood 

burning devices, permitted fuels, 

mandatory curtailment during stagnant 

conditions, and educational materials. 

The EPA’s technical support document 

(TSD) has more information about this 

rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

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). 

Generally, SIP rules must implement 

Reasonably Available Control Measures 

(RACM), including Reasonably 

Available Control Technology (RACT), 

and additional reasonable measures in 

moderate PM2.5 nonattainment areas 

(see CAA sections 172(c)(1) and 

189(a)(1)(C) and 40 CFR 51.1009). The 

NSAQMD regulates a PM2.5

nonattainment area classified as 

moderate for the 2012 annual PM2.5

Standard (40 CFR 81.305). A RACM 

evaluation is generally performed by the 

State and reviewed by the EPA in the 

context of a broader plan. The EPA will 

address the overall RACM and 

additional reasonable measures 

requirements at a later date when we act 

on the Portola PM2.5 attainment plan 

submitted by CARB to the EPA on 

February 28, 2017. In this action, we 

evaluate whether Rule 344 implements 

RACM and additional reasonable 

measures for wood burning devices 

specifically. 

Guidance and policy documents that 

we use to evaluate enforceability and 

revision/relaxation requirements 

include the following: 

1. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

B. Does the rule meet the evaluation 

criteria? 

This rule is consistent with CAA 

requirements and relevant guidance 

regarding enforceability and SIP 

revisions. The rule implements RACM/ 

RACT and additional reasonable 

measures for wood burning devices. The 

TSD has more information on our 

evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule. 

D. Public Comment and Proposed 

Action 

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

the Act, the EPA proposes to fully 

approve the submitted rule because we 

believe it fulfills all relevant 

requirements. We will accept comments 

from the public on this proposal until 

December 4, 2017. If we take final action 

to approve the submitted rule, our final 

action will incorporate this rule into the 

federally enforceable SIP. 

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 

the City of Portola ordinance described 

in Table 1 of this preamble. The EPA 

has made, and will continue to make, 

these materials available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER


jstallworth on DSKBBY8HB2PROD with PROPOSALS
51180 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Proposed Rules 

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 the 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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: October 19, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–23896 Filed 11–2–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90, WT Docket No. 10– 

208; DA 17–1027] 

Connect America Fund; Universal 

Service Reform—Mobility Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Rural 

Broadband Auctions Task Force (Task 

Force), with the Wireline Competition 

Bureau and the Wireless 

Telecommunications Bureau (the 

Bureaus), propose and seek comment on 

specific parameters and procedures to 

implement the Mobility Fund Phase II 

(MF–II) challenge process. This 

document describes the steps the 

Federal Communications Commission 

(Commission) intends to use to establish 

a map of areas presumptively eligible 

for MF–II support from the newly 

collected, standardized 4G Long Term 

Evolution (LTE) coverage data and 

proposes specific parameters for the 

data that challengers and respondents 

will submit as part of the challenge 

process, as well as a process for 

validating challenges. 

DATES: Comments are due on or before 

November 8, 2017 and reply comments 

are due on or before November 29, 2017. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 10–90 and 

WT Docket No. 10–208, by any of the 

following methods: 

• Federal Communications 

Commission’s Web site: http://

apps.fcc.gov/ecfs//. Follow the 

instructions for submitting comments. 

• 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: 888– 

835–5322. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auction and Spectrum Access Division, 

Jonathan McCormack, at (202) 418– 

0660. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice (MF–II Challenge Process 

Comment Public Notice), WC Docket 

No. 10–90, WT Docket No. 10–208, DA 

17–1027, adopted on October 18, 2017 

and released on October 18, 2017. The 

MF–II Challenge Process Comment 

Public Notice includes as attachments 

the following appendices: Appendix A, 

Generating Initial Eligible Areas Map; 

Appendix B, Validating Challenge 

Evidence; Appendix C, Applying 

Subsidy Data; Appendix D, File 

Specifications and File Formats; and 

Appendix E, Relational Mapping of 

Form 477 Filers to Providers. The 

complete text of the MF–II Challenge 

Process Comment Public Notice, 

including all attachments, is available 

for public inspection and copying from 

8:00 a.m. to 4:30 p.m. Eastern Time (ET) 

Monday through Thursday or from 8:00 

a.m. to 11:30 a.m. ET on Fridays in the 

FCC Reference Information Center, 445 

12th Street SW., Room CY–A257, 

Washington, DC 20554. The complete 

text is also available on the 

Commission’s Web site at http://

transition.fcc.gov/Daily_Releases/Daily_

Business/2017/db1018/DA-17- 

1027A1.pdf. Alternative formats are 

available to persons with disabilities by 

sending an email to FCC504@fcc.gov or 

by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Pursuant to sections 1.415 and 1.419 

of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated in the MF–II 

Challenge Process Comment Public 

Notice in WC Docket No. 10–90 and WT 

Docket No. 10–208. Electronic Filing of 


jstallworth on DSKBBY8HB2PROD with PROPOSALS