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					                                            13518                  Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules

                                              Issued in Fort Worth, Texas, on March 4, short-term changes in how vehicles are                             Internet. If you submit an electronic
                                            2008.                                      recruited and tested. These proposed                               comment, EPA recommends that you
                                            David A. Downey,                           revisions are primarily intended to                                include your name and other contact
                                            Manager, Rotorcraft Directorate, Aircraft  address delays in initiating the gaseous                           information in the body of your
                                            Certification Service.                     emission and PM pilot programs,                                    comment and with any disk or CD–ROM
                                            [FR Doc. E8–5068 Filed 3–12–08; 8:45 am]   manufacturers’ concerns regarding the                              you submit. If EPA cannot read your
                                            BILLING CODE 4910–13–P                     schedule for initial purchases of PM                               comment due to technical difficulties
                                                                                       measurement systems, and                                           and cannot contact you for clarification,
                                                                                       manufacturers’ concerns regarding                                  EPA may not be able to consider your
                                            ENVIRONMENTAL PROTECTION                   potential difficulties of initially                                comment. Electronic files should avoid
                                            AGENCY                                     instrumenting vehicles with these units.                           the use of special characters, any form
                                                                                       DATES: Written comments must be                                    of encryption, and be free of any defects
                                            40 CFR Part 86                             received by April 14, 2008. Request for                            or viruses. For additional information
                                            [EPA–HQ–OAR–2006–0072; FRL–8539–4          a public hearing must be received by                               about EPA’s public docket, visit the EPA
                                                                                       March 28, 2008. If we receive a request                            Docket Center homepage at http://
                                            RIN 2060–069                               for a public hearing, we will publish                              www.epa.gov/oar/dockets.html.
                                                                                       information related to the timing and                                 Docket: All documents in the docket
                                            In-Use Testing for Heavy-Duty Diesel
                                                                                       location of the hearing and the timing of                          are listed in the www.regulations.gov
                                            Engines and Vehicles; Emission
                                                                                       a new deadline for public comments.                                index. Although listed in the index,
                                            Measurement Accuracy Margins for
                                                                                       ADDRESSES: Submit your comments,                                   some information is not publicly
                                            Portable Emission Measurement
                                                                                       identified by Docket ID No. EPA–HQ–                                available, e.g., CBI or other information
                                            Systems and Program Revisions
                                                                                       OAR–2004–0072, by one of the                                       whose disclosure is restricted by statute.
                                            AGENCY: Environmental Protection 
         following methods:                                                 Certain other material, such as
                                            Agency (EPA). 
                               • www.regulations.gov: Follow the                               copyrighted material, will be publicly
                                            ACTION: Notice of proposed rulemaking. 
 on-line instructions for submitting                                  available only in hard copy. Publicly
                                                                                       comments.                                                          available docket materials are available
                                            SUMMARY: In a rule published on June          • E-mail: a-and-r-docket@epa.gov.                               either electronically in
                                            14, 2005, EPA established a                   • Fax: (202) 566–9744.                                          www.regulations.gov or in hard copy at
                                            manufacturer-run, in-use testing              • Mail: Environmental Protection                                the EPA Docket Center, EPA West
                                            program for heavy-duty diesel vehicles.    Agency, Mail Code: 2822T, 1200                                     Building, EPA Headquarters Library,
                                            The program requires engine                Pennsylvania Ave., NW., Washington,                                Room 3334, 1301 Constitution Avenue,
                                            manufacturers to measure exhaust           DC 20460. Please include two copies.                               N.W., Washington, DC. The Public
                                            emissions from their diesel engines           • Hand Delivery: U.S. Environmental                             Reading Room is open from 8:30 a.m. to
                                            using portable emissions measurement       Protection Agency, EPA Headquarters                                4:30 p.m., Monday through Friday,
                                            systems during real-world operation. At Library, EPA West Building, Room                                      excluding legal holidays. The telephone
                                            the time the rule was promulgated, EPA 3334, 1301 Constitution Avenue, NW.,                                   number for the Public Reading Room is
                                            established interim emission               Washington, DC. Such deliveries are                                (202) 566–1744, and the telephone
                                            measurement ‘‘accuracy’’ margins for       only accepted during the Docket’s                                  number for the Air Docket is (202) 566–
                                            the requisite portable emission            normal hours of operation, and special                             1742.
                                            measurement devices pending the            arrangements should be made for                                    FOR FURTHER INFORMATION CONTACT:
                                            development of final accuracy margins      deliveries of boxed information.                                   Richard Wilcox, Assessment and
                                            through a comprehensive research              Instructions: Direct your comments to                           Standards Division, Office of
                                            program. This notice proposes to adopt     Docket ID No. EPA–HQ–OAR–2004–                                     Transportation and Air Quality, 2000
                                            the resulting final accuracy margins for   0072. EPA’s policy is that all comments                            Traverwood Drive, Ann Arbor, MI
                                            gaseous pollutants. Also, this rule        received will be included in the public                            48105; telephone number: (734) 214–
                                            proposes to make several changes to the docket without change and may be                                      4390; fax number: (734) 214–4939; e-
                                            program in the early years of in-use       made available online at                                           mail address: wilcox.rich@epa.gov.
                                            testing. First, we are proposing to        www.regulations.gov, including any
                                            eliminate the first calendar year, i.e.,   personal information provided, unless                              SUPPLEMENTARY INFORMATION:
                                            2006, of the two-year pilot program for    the comment includes information                                   I. General Information
                                            particulate emissions (PM) in response     claimed to be Confidential Business
                                            to engine manufacturers’ concerns,         Information (CBI) or other information                               In the ‘‘Rules and Regulations’’
                                            which primarily relate to the availability whose disclosure is restricted by statute.                         section of this Federal Register, we are
                                            and efficacy of the requisite portable     Do not submit information that you                                 making these revisions as a direct final
                                            measurement systems (PEMS) for that        consider to be CBI or otherwise                                    rule without prior proposal because we
                                            pollutant. Second, due to a delay in       protected through www.regulations.gov                              view these revisions as noncontroversial
                                            developing the final accuracy margin for or e-mail. The www.regulations.gov Web                               and anticipate no adverse comment.
                                            PM under the aforementioned                site is an ‘‘anonymous access’’ system,                              We have explained our reasons for
                                            comprehensive research program, we         which means EPA will not know your                                 these revisions in the preamble to the
                                            are proposing to delay the first year of   identity or contact information unless                             direct final rule. If we receive no
                                            the fully enforceable PM test program      you provide it in the body of your                                 adverse comment, we will not take
                                            from the 2008 calendar year to the 2009 comment. If you send an e-mail                                        further action on this proposed rule. If
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                                            calendar year. During the 2008 calendar comment directly to EPA without going                                 we receive adverse comment on the
                                            year, there will be another year of pilot  through www.regulations.gov your e-                                rule, we will withdraw the direct final
                                            program testing for that pollutant.        mail address will be automatically                                 rule. We will address all public
                                            Third, and finally, we are proposing to    captured and included as part of the                               comments in a subsequent final rule
                                            extend the normal period for reporting     comment that is placed in the public                               based on this proposed rule. We will not
                                            in-use test results and allowing certain   docket and made available on the                                   institute a second comment period on


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                                                                       Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules                                                   13519

                                            this action. Any parties interested in                    II. Does This Action Apply to Me?                      diesel engines and vehicles for use on
                                            commenting must do so at this time.                        This action will affect companies that                the highway.
                                                                                                      manufacture and certify heavy-duty

                                                 Category              NAICS Code a                                                Examples of potentially affected entities

                                            Industry ..............
           336112      Engine and Truck Manufacturers.
                                                                               336120
                                            Industry ..............
           811112      Independent commercial importers of vehicles and parts.
                                                                                81198
                                               a North   American Industry Classification System (NAICS).


                                              To determine whether particular                           • Explain your views as clearly as                   be used in the in-use testing program,
                                            activities may be affected by this action,                possible, avoiding the use of profanity                since the portable measurement systems
                                            you should carefully examine the                          or personal threats.                                   had not been rigorously tested at that
                                            regulations. You may direct questions                       • Make sure to submit your                           time. As a result, we promulgated
                                            regarding the applicability of this action                comments by the comment period                         interim accuracy allowances for use in
                                            as noted in FOR FURTHER INFORMATION                       deadline identified.                                   the pilot programs for gaseous
                                            CONTACT.                                                  IV. Summary of Rule                                    pollutants and PM.3
                                                                                                                                                                Shortly before the in-use test program
                                            III. What Should I Consider as I                            The manufacturer-run, in-use testing                 was promulgated, EPA entered into an
                                            Prepare My Comments for EPA?                              program for heavy-duty diesel vehicles                 memorandum of agreement (MOA) with
                                               A. Submitting CBI. Do not submit this                  that are used on the highway was                       the California Air Resources Board
                                            information to EPA through                                promulgated in 2005 to monitor the                     (CARB) and the manufacturers of heavy-
                                            www.regulations.gov or e-mail. Clearly                    emissions performance of the engines                   duty highway diesel engines (through
                                            mark the part or all of the information                   used in those vehicles when operated                   the Engine Manufacturers Association
                                            that you claim to be CBI. For CBI                         under a wide range of real world driving               (EMA)) to develop ‘‘data driven’’
                                            information in a disk or CD–ROM that                      conditions1 The program is specifically                emission measurement allowances
                                            you mail to EPA, mark the outside of the                  intended to monitor compliance with                    through a comprehensive research,
                                            disk or CD–ROM as CBI and then                            the applicable Not-to-Exceed (NTE)                     development, and demonstration
                                            identify electronically within the disk or                exhaust emission standards for non-                    program for the enforceable programs,
                                            CD–ROM the specific information that                      methane hydrocarbons (NMHC), oxides                    i.e., beginning in the 2007 calendar year
                                            is claimed as CBI. In addition to one                     of nitrogen (NOX), carbon monoxide                     for gaseous emissions and the 2008
                                            complete version of the comment that                      (CO), and particulate matter (PM). It                  calendar year for PM. The overall test
                                            includes information claimed as CBI, a                    requires each manufacturer of heavy-                   program was designed to be completed
                                            copy of the comment that does not                         duty highway diesel engines to assess                  in two phases. The first phase addressed
                                            contain the information claimed as CBI                    the in-use exhaust emissions from their                gaseous emission accuracy margins and
                                            must be submitted for inclusion in the                    engines using onboard, portable                        the second phase addressed PM
                                            public docket. Information so marked                      emission measurement systems during                    emission accuracy margins. All parties
                                                                                                      typical operation while on the road.                   agreed to support the final accuracy
                                            will not be disclosed except in
                                            accordance with procedures set forth in                   A. Gaseous Emission Measurement                        margins assuming that the agreed upon
                                            40 CFR Part 2.                                            Margins for Manufacturer-Run, In-Use                   test program was followed and the
                                               B. Tips for Preparing Your Comments.                   Testing                                                results incorporated into a direct final
                                            When submitting comments, remember                                                                               rulemaking, or a subsequent final
                                                                                                        For the purposes of the in-use testing
                                            to:                                                                                                              rulemaking (preceded by proposed
                                                                                                      program, it was necessary to establish
                                               • Identify the rulemaking by docket                                                                           rulemaking) if adverse comment was
                                                                                                      emission measurement ‘‘accuracy’’
                                            number and other identifying                                                                                     received on the direct final rule.
                                                                                                      margins for the portable emission
                                            information (subject heading, Federal                                                                               The cooperative test program and
                                                                                                      measurement system.2 They are
                                            Register date and page number).                                                                                  additional follow-on development work
                                                                                                      primarily designed to account for any
                                               • Follow directions—The agency may                                                                            for gaseous emissions have now been
                                                                                                      differences between the accuracy of the
                                            ask you to respond to specific questions                                                                         completed, and a resultant set of final
                                                                                                      onboard, portable emission
                                            or organize comments by referencing a                                                                            emission measurement accuracy
                                                                                                      measurement instruments and the
                                            Code of Federal Regulations (CFR) part                                                                           margins has been identified for use in
                                                                                                      accuracy of the instruments used during
                                            or section number.                                                                                               the fully enforceable program that
                                                                                                      laboratory testing in the emissions
                                               • Explain why you agree or disagree;                                                                          begins in 2007. The gaseous emission
                                                                                                      certification process. When the in-use
                                            suggest alternatives and substitute                       testing program was first established in               measurements accuracy margins vary
                                            language for your requested changes.                      2005, there was uncertainty regarding                  based on the model year of the engine
                                                                                                                                                             and the emission calculation
                                               • Describe any assumptions and                         what specific accuracy margins should
                                                                                                                                                             methodology that is used to determine
                                            provide any technical information and/
                                                                                                                                                             the final grams/brake horsepower-hour
                                            or data that you used.                                      1 See ‘‘Control of Emissions of Air Pollution From

                                                                                                      New Motor Vehicles: In-Use Testing for Heavy-Duty
                                               • If you estimate potential costs or
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                                                                                                      Diesel Engines and Vehicles, 70 FR 34594 (June 14,       3 The in-use testing requirements consist of a two-
                                            burdens, explain how you arrived at                       2005).’’                                               year pilot program for gaseous emissions (i.e.,
                                            your estimate in sufficient detail to                       2 The emission measurement accuracy margin           NMHC, NoX, and CO) in calendar years 2005 and
                                            allow for it to be reproduced.                            added to the value of the applicable NTE standard      2006, and calendar years 2006 and 2007 for PM
                                                                                                      and any in-use compliance testing margin that is       emissions. This NPRM proposes to change the years
                                               • Provide specific examples to                         already allowed by the regulations to determine the    of the PM pilot program to calendar years 2007 and
                                            illustrate your concerns, and suggest                     numerical compliance limit, i.e., NTE threshold,       2008. The programs are fully enforceable after their
                                            alternatives.                                             which is used in the in-use testing program.           respective pilot program ends.



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                                            13520                            Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules

                                            emission. The proposed values are
                                            shown in Table 1.

                                                TABLE 1.—FINAL MEASUREMENT ACCURACY MARGINS FOR THE ENFORCEABLE GASEOUS EMISSIONS IN-USE TESTING
                                                                                           PROGRAM
                                                                                                                                                                                                        Accuracy margins
                                                                                                                                                                                                           (g/bhp-hr)

                                                                                                  Pollutant                                                                            2007–2009                                2010 and later
                                                                                                                                                                                    model year engines                        model year engines

                                                                                                                                                                            Method 1 only               Methods 2 and 3          All methods

                                            NMHC ..................................................................................................................                      0.02                          0.01                 0.01
                                            CO ........................................................................................................................                   0.5                          0.25                 0.25
                                            NOX ......................................................................................................................                   0.45                          0.15                 0.15



                                            B. NMHC NOx In-Use Testing Accuracy                                          of the applicable regulations.                                       standard itself. Specifically, the
                                            Margins                                                                      Furthermore, under the ‘‘phase-in                                    individual NOX and NMHC accuracy
                                                                                                                         options’’ of § 86.007–11(g)(l) an engine                             margins are simply added together to
                                               The June 2005 final rule that                                             manufacturer may optionally certify                                  provide a single value. Therefore, for
                                            implemented the in-use testing program                                       some of its production in model years                                2004–2007 model year engines that may
                                            addressed accuracy margins for each of                                       2007 through 2009 to the combined                                    be tested under the gaseous emission
                                            the gaseous pollutants and their                                             NOX plus NMHC standard for 2006                                      pilot program for the 2006 and 2007
                                            associated individual standards, i.e.,                                       model year engines under § 86.2004–11,                               calendar years, we propose that the
                                            NMHC, NAX, and CO. The MOA and                                               rather than the otherwise applicable                                 combined accuracy margin is the sum of
                                            subsequent gaseous emissions test                                            individual NOX and NMHC standards.
                                            program also focused on identifying the                                                                                                           the individual NOX and NMHC values
                                                                                                                         Therefore, we are correcting this
                                            final accuracy margins for these                                                                                                                  already contained in § 86.1912, or 0.67
                                                                                                                         oversight by proposing in-use testing
                                            individual pollutants. In developing the                                     accuracy margins for the combined NOX                                g/bhp-hr. For engines tested in the
                                            original rule and subsequent test                                            plus NMHC standard.                                                  enforceable program that begins in the
                                            program, however, we failed to                                                 The methodology for determining an                                 2007 calendar year and applies to 2007
                                            recognize that 2004 through 2006 model                                       accuracy margin for the combined NOX                                 and later model year diesel engines, the
                                            year engine families are actually                                            plus NMHC emission standard is the                                   combined NOX plus NMHC accuracy
                                            certified to a combined NOX plus                                             same as that used to determine the                                   margins, using the individual values
                                            NMHC standard under § 86.004–11(a)(l)                                        numerical value of the combined                                      from Table 1, are shown in Table 2.

                                              TABLE 2.—FINAL COMBINED NOX PLUS NMHC MEASUREMENT ACCURACY MARGINS FOR THE ENFORCEABLE GASEOUS

                                                                               EMISSIONS IN-USE TESTING PROGRAM

                                                                                                                                                                                                                    Accuracy margins
                                                                                                                                                                                                                       2007–2009
                                                                                                                                                                                                                   model year engines
                                                                                                                      Pollutant                                                                                         (g/bhp-hr)

                                                                                                                                                                                                           Method 1 only       Methods 2 and 3

                                            NOX + NMHC ..............................................................................................................................................           0.47                 0.16



                                            C. Delaying the Enforceable PM                                               continue for calendar year 2008 in place                             program regulations require that the first
                                            Program From 2008 to 2009                                                    of the fully enforceable program for that                            year of the previously adopted
                                              The MOA described in section IV.A.                                         year.                                                                enforceable program (calendar year
                                            acknowledged that in order to                                                   Completing the PM test program on                                 2008) be placed into abeyance and the
                                            promulgate new measurement accuracy                                          schedule required that the initial work                              PM pilot program continued for that
                                            margins with adequate lead time to                                           be conducted in parallel with the                                    year. Hence, we are proposing to modify
                                            begin the 2008 enforceable PM I                                              ongoing gaseous emission test program                                the in-use testing regulations so that the
                                            program, certain key milestone dates in                                      Using the same contractors and                                       PM pilot program extends into 2008 and
                                            the test program had to be achieved.                                         personnel from EPA, CARB, and the                                    the fully enforceable PM program begins
                                            Contingencies for missing the final                                          engine manufacturers. Due to                                         in 2009.
                                            delivery date were specified in the MOA                                      unexpected issues in the gaseous                                     D. Suspending the 2006 PM Pilot
                                            and in the June 2005 final rulemaking.4                                      emission test program and the lack of                                Program
                                            Most relevant to today’s proposal was                                        other resources, all work on the PM test
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                                            that if the final values and                                                 plan and subsequent test program had to                                The in-use testing program, as
                                            documentation were delayed more than                                         be postponed until recently. The end                                 originally adopted in June 2005,
                                            three months from November 1, 2007                                           result of this postponement is that the                              included a two-year pilot (i.e.,
                                            then the PM pilot program would                                              final accuracy margin for PM will be                                 demonstration) program for PM
                                                                                                                         delayed by approximately one year.                                   emissions in calendar years 2006 and
                                              4 See   40 CFR 86.1935.                                                    Accordingly, the MOA and in-use test                                 2007. In establishing this requirement,


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                                                                         Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules                                                                  13521

                                            EPA noted that the onboard                                              April 11, 2007, EMA more specifically                          program stated that EPA would
                                            measurement of PM emissions was                                         detailed its concerns with currently                           typically select engine families for
                                            significantly more challenging than for                                 available portable PM measurement                              testing in June of each calendar year.
                                            gaseous emissions, and that further                                     systems. The trade group also argued                           Further, the regulations allowed 18
                                            development of the requisite portable                                   that it would be better to take the time                       months from the time engine families
                                            measurement systems would be needed.                                    now to develop better portable PM                              were designated for engine
                                            We also noted our expectation that                                      measurement devices in order to ensure                         manufacturers to complete all testing
                                            engine manufacturers would use ‘‘best                                   a successful launch of the fully                               and report the results to EPA.
                                            available’’ prototype systems that were                                 enforceable program in 2009. Finally,                          Subsequent to the final rule, we
                                            capable of measuring PM emissions as                                    EMA noted that even with the
                                                                                                                                                                                   concluded that certain adjustments to
                                            required. Nonetheless, in recognition of                                suspension of the 2006 PM pilot
                                                                                                                                                                                   the test schedules were necessary in the
                                            the then remaining technical                                            program, there would still be a full two
                                                                                                                    years of the PM pilot as originally called                     early years of the program to address: (1)
                                            uncertainties, we added a provision to                                                                                                 Delays in initiating certain aspects of
                                            the regulations that would suspend the                                  for in the regulations.
                                                                                                                       After carefully considering EMA’s                           the program, (2) manufacturers’
                                            in-use test program as it applied to PM                                                                                                concerns regarding the schedule for
                                            measurement if we discovered                                            concerns, we agree that it is better to
                                                                                                                    eliminate the 2006 calendar year PM                            initial purchases of PM measurement
                                            fundamental technical problems with
                                                                                                                    pilot program in order to focus our                            systems, and (3) manufacturers’
                                            portable in-use PM measurement
                                                                                                                    collective efforts on improving the                            concerns instrumenting test vehicles for
                                            systems that could not be resolvable in
                                                                                                                    current portable PM measurement                                PM emission testing in the early years
                                            a reasonable time.
                                                                                                                    systems and conducting the cooperative                         of the program. Our proposed
                                               In a letter dated January 4, 2007, EMA                               research and deve1opment program for                           adjustments for engine family
                                            requested that the first year of the two-                               this pollutant. Therefore, we are                              designation and reporting dates are
                                            year PM pilot program be held in                                        proposing such a delay.                                        summarized in Table 3, which also
                                            abeyance. The principle reasons cited                                                                                                  reflect the other proposed programmatic
                                            were associated with certain technical                                  E. Revised Schedules and Testing
                                                                                                                    Flexibilities the for the 2005 Through                         revisions discussed previously.
                                            concerns primarily relating to the
                                            availability and efficacy of the requisite                              2009 In-Use Test Programs
                                            portable measurement systems for that                                     The June 2005 final rule that
                                            pollutant. In a subsequent letter dated                                 established the heavy-duty in-use test

                                                                               TABLE 3.—REVISED ENGINE FAMILY DESIGNATION AND REPORTING SCHEDULES
                                                                                                                                                                         Designate families                 Report due
                                                                                              Program
                                                                                                                                                                      Original        Revised          Original       Revised

                                            2005    Gaseous Pilot ............................................................................................           06/2005   Unchanged ..           11/2006   11/2007.
                                            2006    Gaseous Pilot ............................................................................................           06/2006   12/2006 .......        11/2007   11/2008.
                                            2007    Gaseous Enforceable ................................................................................                 06/2007   12/2007 .......        11/2008   11/2009.
                                            2007    PM Pilot .....................................................................................................       06/2007   12/2007 .......        11/2008   05/2010.
                                            2008    Gaseous Enforceable ................................................................................                 06/2008   09/2008 .......        11/2009   03/2010.
                                            2008    PM Pilot .....................................................................................................       06/2008   09/2008 .......        11/2009   09/2010.
                                            2009    Gaseous Enforceable ................................................................................                 06/2009   Unchanged ..           11/2010   04/2011.
                                            2009    PM Enforceable .........................................................................................             06/2009   Unchanged ..           11/2010   04/2011.
                                            2010    Gaseous Enforceable ................................................................................                 06/2010   Unchanged ..           11/2011   Unchanged.
                                            2010    PM Enforceable .........................................................................................             06/2010   Unchanged ..           11/2011   Unchanged.
                                               * For illustration only. The 2010 program dates are as originally promulgated.


                                            EF. Removing the Gaseous Accuracy                                       incorporates by reference all the                              either envisioned or allowed for in the
                                            Test Program from the Regulations                                       reasoning, explanation, and regulatory                         original final rule. This proposal also
                                               We are proposing to delete the                                       text from the direct final rule.                               grants a request from the affected engine
                                            references in § 86.1935 that pertain to                                                                                                manufacturers for a one year delay in
                                                                                                                    V. Statutory and Executive Order
                                            the final report for gaseous emission                                                                                                  the start of the pilot testing program for
                                                                                                                    Reviews
                                            accuracy margins and the consequences                                                                                                  PM. Further, here are no costs
                                            that would ensue if the report was                                      A. Executive Order 12866: Regulatory                           associated with this rule beyond those
                                            delayed beyond certain dates. These                                     Planning and Review                                            envisioned in the original rule.
                                            provisions are no longer needed because                                    This proposed rule is not a                                 B. Paperwork Reduction Act
                                            final accuracy margins for gaseous                                      ‘‘significant regulatory action’’ under
                                            pollutants are being proposed in this                                   the terms of Executive Order (EO) 12866                          This proposed rule does not include
                                            rulemaking. The proposed revised                                        (58 FR 51735, October 4, 1993) and is                          any new collection requirements, as it
                                            section, therefore, would appropriately                                 therefore not subject to review under the                      acts to replace interim gaseous emission
                                            focus on the ongoing development of                                     EO. This proposed rule merely replaces                         measurement accuracy allowances for
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                                            accuracy margins for PM emissions.                                      the interim gaseous emission                                   portable emission measurement systems
                                               For additional discussion of the                                     measurement accuracy allowances for                            with final values and delays the
                                            proposed rule changes, see the direct                                   portable emission measurement systems                          implementation schedule for the in-use
                                            final rule EPA has published in the                                     with final values and delays the in-use                        PM testing program. There are no new
                                            ‘‘Rules and Regulations’’ section of                                    testing implementation dates for the                           paperwork requirements associated with
                                            today’s Federal Register. This proposal                                 fully enforceable PM test program as                           this rule.


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                                            13522                  Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules

                                               Burden means the total time, effort, or              alternatives ‘‘which minimize any                     F. Executive Order 13175: Consultation
                                            financial resources expended by persons                 significant economic impact of the rule               and Coordination With Indian Tribal
                                            to generate, maintain, retain, or disclose              on small entities.’’ 5 USC 603 and 604.               Governments
                                            or provide information to or for a                      Thus, an agency may certify that a rule
                                            Federal agency. This includes the time                  will not have a significant economic                     This proposed rule does not have
                                            needed to review instructions; develop,                 impact on a substantial number of small               tribal implications. It will not have
                                            acquire, install, and utilize technology                entities if the rule relieves regulatory              substantial direct effects on tribal
                                            and systems for the purposes of                         burden, or otherwise has a positive                   governments, on the relationship
                                            collecting, validating, and verifying                   economic effect on all of the small                   between the Federal government and
                                            information, processing and                             entities subject to the rule.                         Indian tribes, or on the distribution of
                                            maintaining information, and disclosing                    This proposed rule acts to replace                 power and responsibilities between the
                                            and providing information; adjust the                   interim gaseous emission measurement                  Federal government and Indian tribes,
                                            existing ways to comply with any                        accuracy allowances for portable                      as specified in Executive Order 13175.
                                            previously applicable instructions and                  emission measurement systems with                     This proposed rule does not uniquely
                                            requirements; train personnel to be able                final values and delays the                           affect the communities of Indian Tribal
                                            to respond to a collection of                           implementation schedule for the in-use                Governments, Further, no circumstances
                                            information; search data sources;                       PM testing program. We have, therefore,               specific to such communities exist that
                                            complete and review the collection of                   concluded that today’s proposal will                  would cause an impact on these
                                            information; and transmit or otherwise                  relieve regulatory burden for all small               communities beyond those discussed in
                                            disclose the information.                               entities and will not have a significant              the other sections of this rule. This
                                               An agency may not conduct or                         economic impact on a substantial                      proposed rule merely replaces interim
                                            sponsor, and a person is, not required to               number of small entities.                             gaseous emission measurement
                                            respond to a collection of information                                                                        accuracy allowances for portable
                                            unless it displays a currently valid OMB                D. Unfunded Mandates Reform Act                       emission measurement systems with
                                            control number. The OMB control                                                                               final values and delays the
                                                                                                       This proposed rule contains no
                                            numbers for EPA’s regulations in 40                                                                           implementation schedule for the in-use
                                                                                                    federal mandates for state, local, or
                                            CFR are listed in 40 CFR Part 9.                                                                              PM testing program. Thus, Executive
                                                                                                    tribal governments as defined by the
                                            C. Regulatory Flexibility Act                                                                                 Order 13175 does not apply to this rule.
                                                                                                    provisions of Title II of the UMRA. The
                                                                                                                                                          See the direct final rule EPA has
                                               The Regulatory Flexibility Act (RFA)                 proposed rule imposes no enforceable
                                                                                                                                                          published in the ‘‘Rules and
                                            generally requires an agency to prepare                 duties on any of these governmental
                                                                                                                                                          Regulations’’ section of today’s Federal
                                            a regulatory flexibility analysis of any                entities. Nothing in the proposed rule
                                                                                                                                                          Register for a more extensive discussion
                                            rule subject to notice and comment                      would significantly or uniquely affect
                                                                                                                                                          of Executive Order 13132.
                                            rulemaking requirements under the                       small governments. EPA has determined
                                            Administrative Procedure Act or any                     that this proposed rule contains no                   G. Executive Order 13045: Protection of
                                            other statute unless the agency certifies               federal mandates that may result in                   Children From Environmental Health
                                            that, the rule will not have a significant              expenditures of more than $100 million                and Safety Risks
                                            economic impact on a substantial                        to the private sector in any single year.
                                            number of small entities. Small entities                This proposed rule acts to replace                      This proposed rule is not subject to
                                            include small businesses, small                         interim gaseous emission measurement                  the Executive Order because it is not
                                            organizations, and small governmental                   accuracy allowances for portable                      economically significant, and does not
                                            jurisdictions.                                          emission measurement systems with                     involve decisions on environmental
                                               For purposes of assessing the impacts                final values and delays the                           health or safety risks that may
                                            of this proposed rule on small entities,                implementation schedule for the in-use                disproportionately affect children. See
                                            a small entity is defined as: (1) A small               PM testing program. See the direct final              the direct final rule EPA has published
                                            business that meet the definition for                   rule EPA has published in the ‘‘Rules                 in the ‘‘Rules and Regulations’’ section
                                            business based on SBA size standards at                 and Regulations’’ section of today                    of today’s Federal Register for a more
                                            13 CFR 121.201; (2) a small                             Federal Register for a more extensive                 extensive discussion of Executive Order
                                            governmental jurisdiction that is a                     discussion of UMRA policy,                            13045.
                                            government of a city, county, town,                     E. Executive Order 13132: Federalism                  H. Executive Order 13211: Actions That
                                            school district or special district with a                                                                    Significantly Affect Energy Supply,
                                            population of less than 50,000; and (3)                   This proposed rule does not have                    Distribution, or Use
                                            a small organization that is any not-for-               federalism implications. It will not have
                                            profit enterprise which is independently                substantial direct effects on the States,                This proposed rule is not a
                                            owned and operated and is not                           on the relationship between the national              ‘‘significant energy action’’ as defined in
                                            dominant in its field.                                  government and the States, or on the                  Executive Order 13211, ‘‘Actions
                                               After considering the economic                       distribution of power and                             Concerning Regulations That
                                            impacts of today’s proposed rule on                     responsibilities among the various                    Significantly Affect Energy Supply,
                                            small entities, I certify that this action              levels of government, as specified in                 Distribution, or Use’’ (66 FR 28355, May
                                            will not have a significant economic                    Executive Order 13132. This proposed                  22, 2001) because it is not likely to have
                                            impact on a substantial number of small                 rule merely replaces interim                          a significant adverse effect on the
                                            entities. In determining whether a rule                 measurement accuracy allowances for                   supply, distribution or use of energy.
                                            has a significant economic impact on a                  portable emission measurement systems                 This proposed rule merely replaces
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                                            substantial number of small entities, the               with final values as envisioned in the                interim gaseous emission measurement
                                            impact of concern is any significant                    original rule. See the direct final rule EP           accuracy allowances for portable
                                            adverse economic impact on small                        A has published in the ‘‘Rules and                    emission measurement systems with
                                            entities, since the primary purpose of                  Regulations’’ section of today’s Federal              final values and delays the
                                            the regulatory flexibility analyses is to               Register for a more extensive discussion              implementation schedule for the in-use
                                            identify and address regulatory                         of Executive Order 13132.                             PM testing program.


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                                                                   Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules                                             13523

                                            I. National Technology Transfer and                     DEPARTMENT OF TRANSPORTATION                          there is often no clear distinction
                                            Advancement Act                                                                                               between regulated common carrier rates
                                                                                                    Surface Transportation Board                          and unregulated rail transportation
                                               This proposed rule does not involve                                                                        contracts. See, e.g., Kansas City Power &
                                            technical standards. This proposed rule                 49 CFR Chapter X                                      Light Company v. Union Pacific
                                            merely replaces interim gaseous                                                                               Railroad Company, STB Docket No.
                                                                                                    [STB Ex Parte No. 676]
                                            emission measurement accuracy                                                                                 42095 (STB served July 27, 2006);
                                            allowances for portable emission                        Rail Transportation Contracts Under 49                Interpretation of the Term ‘‘Contract’’ in
                                            measurement systems with final values                   U.S.C. 10709                                          49 U.S.C. 10709, STB Ex Parte No. 669
                                            and delays the implementation schedule                                                                        (STB served Mar. 29, 2007). The Board
                                                                                                    AGENCY:    Surface Transportation Board,
                                            for the in-use PM testing program. Thus,                                                                      has instituted this rulemaking
                                                                                                    DOT. 

                                            we have determined that the                                                                                   proceeding to consider imposing a
                                            requirements of the NTTAA do not                              Advance Notice of Proposed 

                                                                                                    ACTION:
                                                                                                    Rulemaking. 
                                         requirement that each rail carrier
                                            apply. See the direct final rule EPA has                                                                      provide a full disclosure statement
                                            published in the ‘‘Rules and                            SUMMARY: The Surface Transportation                   when it seeks to enter into a rail
                                            Regulations’’ section of today’s Federal                Board seeks public comments on a                      transportation contract under 49 U.S.C.
                                            Register for a more extensive discussion                proposal to require railroads to include              10709. The statement would explicitly
                                            of NTTAA policy.                                        a disclosure statement in any document                advise the shipper that the carrier
                                                                                                    that they consider to be a rail                       intends the document to be a rail
                                            J. Executive Order 12898: Federal                       transportation contract under 49 U.S.C.               transportation contract, and that any
                                            Actions to Address Environmental                        10709.                                                transportation under the document
                                            Justice in Minority Populations and                     DATES: Comments are due by May 12,                    would not be subject to regulation by
                                            Low-Income Populations                                  2008.                                                 the Board. Moreover, it would advise
                                              EPA has determined that this                          ADDRESSES: Comments may be                            the shipper that it has a statutory right
                                            proposed rule will not have                             submitted either via the Board’s e-filing             to request a common carriage rate that
                                            disproportionately high and Adverse                     format or in the traditional paper                    the carrier would then have to supply
                                            human health or environmental effects                   format. Any person using e-filing should              promptly, and such a rate might be open
                                            on minority or low income populations                   attach a document and comply with the                 to challenge before the Board. The
                                            because it does not affect the level of                 instructions at the E-FILING link on the              proposal would also require that, before
                                            protection provided to human health or                  Board’s Web site, at: http://                         entering into a rail transportation
                                            the environment. See the direct final                   www.stb.dot.gov. Any person submitting                contract, the carrier provide the shipper
                                                                                                    a filing in the traditional paper format              an opportunity to sign a written
                                            rule EPA has published in the ‘‘Rules
                                                                                                    should send an original and 10 copies                 informed consent statement in which
                                            and Regulations’’ section of today’s
                                                                                                    to: Surface Transportation Board, Attn:               the shipper acknowledges, and states its
                                            Federal Register for a more extensive                   STB Ex Parte No. 676, 395 E Street, SW.,
                                            discussion of Executive Order 13045.                                                                          willingness to forgo, its regulatory
                                                                                                    Washington, DC 20423–0001.                            options. Interested persons are invited
                                            K. Statutory Authority,                                    Copies of written comments will be                 to comment on the proposal and the
                                                                                                    available from the Board’s contractor,                Board welcomes suggestions as to what
                                              The statutory authority for this action               ASAP Document Solutions (Mailing                      language should be included in this full
                                            comes from 42 U.S.C. 7401–7671q. C.                     Address: Suite 103, 9332 Annapolis Rd.,               disclosure/informed consent
                                            7607(d).                                                Lanham, MD 20706; e-mail address:                     requirement.
                                                                                                    asapdc@verizon.net; telephone number:
                                            List of Subjects in 40 CFR Part 86                      202–306–4004). The comments will also                    This action will not significantly
                                                                                                    be available for viewing and self-                    affect either the quality of the human
                                              Environmental protection,                                                                                   environment or the conservation of
                                                                                                    copying in the Board’s Public Docket
                                            Administrative practice and procedure,                                                                        energy resources.
                                                                                                    Room, Room 131, and will be posted to
                                            Confidential business information,                      the Board’s Web site at: http://
                                            Labeling, Motor vehicle pollution,                                                                              Authority: 49 U.S.C. 721, 49 U.S.C. 10709.
                                                                                                    www.stb.dot.gov.
                                            Reporting and recordkeeping                                                                                     Decided: March 6, 2008.
                                            requirements.                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            By the Board, Chairman Nottingham, Vice
                                                                                                    Timothy J. Strafford at 202–245–0356.
                                              Dated: February 28, 2008.                                                                                   Chairman Mulvey, and Commissioner
                                                                                                    [Assistance for the hearing impaired is
                                                                                                                                                          Buttrey.
                                            Stephen L. Johnson,                                     available through the Federal
                                                                                                    Information Relay Service (FIRS) at 1–                Anne K. Quinlan,
                                            Administrator.
                                            [FR Doc. 08–1017 Filed 3–12–08; 8:45 am]                800–877–8339.]                                        Acting Secretary.
                                                                                                    SUPPLEMENTARY INFORMATION: In recent                  [FR Doc. E8–5058 Filed 3–12–08; 8:45 am]
                                            BILLING CODE 6560–50–M
                                                                                                    proceedings, the Board has noted that                 BILLING CODE 4915–01–P
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